H. B. 2806

                        (By Delegates Householder, Ellington, Arvon, Cooper, Gearheart, Hill,

                                     Kurcaba, Rohrbach, Stansbury, Summers and Westfall)

                        [Introduced February 18, 2015; referred to the

                        Committee on Health and Human Resources.]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §15-12A-1, §15-12A-2 and §15-12A-3, all relating to establishing a registry; requiring that certain persons be added to registry; requiring certain drug products be obtained by prescription only; preventing certain registered persons from obtaining drug products.

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 article, designated §15-12A-1, §15-12A-2 and §15-12A-3, all to read as follows:

ARTICLE 12A. REGISTRY OF CONVICTIONS FOR OPERATING A CLANDESTINE DRUG LABORATORY.

§15-12A-1. Registry of convictions for operating a clandestine drug laboratory and methamphetamine offenses; required information; procedures.

            (a) The Criminal Identification Bureau of the West Virginia State Police shall input into the the Multi-State Real Time Tracking System information relating to a final criminal conviction of persons under the provisions of section four hundred eleven, article four, chapter sixty-a and section four, article ten, chapter sixty-a of this code.

            (b) The registry shall contain, at a minimum, the following information:

            (1) The convicted person's full name;

            (2) Conviction date;

            (4) Identification of the criminal offense to the extent the date of conviction and the county of conviction.

            (c) An individual convicted under the provisions of section four hundred eleven, article four, chapter sixty-a and section four, article ten, chapter sixty-a of this code shall be placed on the registry for five years.

            (d) The bureau shall contact the Multi-State Real Time Tracking System to remove a person from the system five years after the conviction.

            (e) If a person believes he or she has been mistakenly blocked from purchasing by the MSRTTS, that person shall contact the bureau. The bureau shall ascertain and verify the identity of the individual and if proper remove that individual from the MSRTTS.

§15-12A-2. Reports of certain convictions by prosecuting attorneys; providing website information; superintendent to propose rules.

            (a) Upon conviction of a person for violating the provisions of section four hundred eleven, article four, chapter sixty-a of this code, a prosecuting attorney shall report the conviction to the bureau on a form provided by the bureau.

            (b) Reporting procedures shall be developed by the bureau in conjunction with the prosecuting attorneys' institute and the Office of the Administrator of the Supreme Court of Appeals.

            (c) Convictions prior to the effective date of this section shall, to the extent feasible and practicable, be placed on the registry.

§15-12A-3. Restrictions on the sale to individuals on the methamphetamine registry.

            (a) Before completing a sale of a product containing ephedrine, pseudoephedrine or phenylpropanolamine, an owner or employee of a pharmacy or retail establishment shall use the driver's license or nondriver identification card of the person attempting to purchase the product to electronically submit information on the multi-state real time tracking system.

            (b) If the person attempting to purchase a product containing ephedrine, pseudoephedrine or phenylpropanolamine is listed on the multi-state real time tracking system, the owner or employee processing the transaction shall not sell to that person.

            NOTE: The purpose of this bill is to create a methamphetamine registry.

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