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Introduced Version House Bill 2235 History

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hb2235 intr
H. B. 2235


          (By Delegate Staggers)
          [Introduced February 13, 2013; referred to the
Committee on Health and Human Resources then the Judiciary.]



A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60A-3-309, relating to prohibiting the prescription of oxycontin extended release or fentanyl patches unless those items contain naloxone to be released only on alteration of the delivery vehicle ; requiring those substances be directly prescribed by a licensed practitioner with Schedule II privileges and directly monitored by a licensed physician or nurse at least monthly; and providing penalties, including being a felony for a third offense.
Be it enacted by the Legislature of West Virginia:
     That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §60A-3-309, to read as follows:
ARTICLE 3. REGULATION OF MANUFACTURE, DISTRIBUTION AND DISPENSING OF CONTROLLED SUBSTANCES.
§60A-3-309. Restrictions on dispensing oxycontin and fentanyl_______________ patches; penalties; felony for third conviction.
_____(a) No person may prescribe, nor may a person possess, oxycontin extended release or fentanyl patches unless those items contain naloxone
to be released only on alteration of the delivery vehicle . These two items must be directly prescribed by a licensed practitioner with Schedule II privileges and directly monitored by a licensed physician or nurse at least monthly.
_____(b) Any person that violates this section is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not less than ten days nor more than sixty days. If a person violates this section for a second offense, the person is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not less than thirty days nor more than six months. Any person violating this section for a subsequent offense, the person is guilty of a felony and, upon conviction thereof, shall be confined in a correctional facility for not less than one year nor more than two years.


     NOTE: The purpose of this bill is to prevent the abuse of oxycontin extended release and fentanyl by requiring those substances contain naloxone
to be released only on alteration of the delivery vehicle . The bill requires those substances be directly prescribed by a licensed practitioner with Schedule II privileges and directly monitored by a licensed physician or nurse at least monthly. The bill also provides for penalties, including being a felony for third and subsequent convictions.


     This section is new; therefore, it has been completely underscored.
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