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SB364 SUB1 Senate Bill 364 History

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SB364 SUB1
COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 364

(By Senators Stollings, Jenkins, Tomblin (Mr. President), Unger, Edgell, Foster, Laird, Plymale and Prezioso)

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[Originating in the Committee on the Judiciary;

reported February 16, 2010.]

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A BILL to amend and reenact §60A-9-5 of the Code of West Virginia, 1931, as amended, relating to permitting duly authorized agents of the Office of the Chief Medical Examiner to inspect certain confidential information concerning controlled substances that is required to be kept by the State Board of Pharmacy.

Be it enacted by the Legislature of West Virginia:
That §60A-9-5 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 9. CONTROLLED SUBSTANCES MONITORING.
§60A-9-5. Confidentiality; limited access to records; period of retention; no civil liability for required reporting.

The information required by this article to be kept by the State Board of Pharmacy is confidential and is open to inspection only by inspectors and agents of the State Board of Pharmacy, members of the West Virginia State Police expressly authorized by the Superintendent of the West Virginia State Police to have access to the information, authorized agents of local law-enforcement agencies as a member of a drug task force, authorized agents of the federal Drug Enforcement Administration, duly authorized agents of the Bureau for Medical Services and the Workers' Compensation Commission, duly authorized agents of the Office of the Chief Medical Examiner for use in post-mortem examinations, duly authorized agents of licensing boards of practitioners in this state and other states authorized to prescribe Schedules II, III and IV controlled substances, prescribing practitioners and pharmacists and persons with an enforceable court order or regulatory agency administrative subpoena: Provided, That all information released by the State Board of Pharmacy must be related to a specific patient or a specific individual or entity under investigation or examination by any of the above parties except that practitioners who prescribe controlled substances may request specific data related to their Drug Enforcement Administration controlled substance registration number or for the purpose of providing treatment to a patient. The board shall maintain the information required by this article for a period of not less than five years. Notwithstanding any other provisions of this code to the contrary, data obtained under the provisions of this article may be used for compilation of educational, scholarly or statistical purposes as long as the identities of persons or entities remain confidential. No individual or entity required to report under section four of this article may be subject to a claim for civil damages or other civil relief for the reporting of information to the Board of Pharmacy as required under and in accordance with the provisions of this article.
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(NOTE: Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added
.)
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