WEST virginia legislature

2017 regular session

Introduced

House Bill 2989

By Delegate Baldwin

[Introduced March 14, 2017; 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 placing limitations on length of time that prescriptions may be issued for schedule II and III controlled substances; and defining a term.

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.  Limitation of length of prescriptions.

(a) “Acute pain” means pain, whether resulting from disease, accidental or intentional trauma, or other cause, that is reasonably expected to last only a short or finite period of time. The term does not include chronic pain, or pain being treated as part of cancer care, hospice or other end of life care.

(b) A practitioner may not prescribe more than a seven-day supply of a schedule II or III controlled substance for a patient upon the initial consultation or treatment of the patient for acute pain. After issuing the initial prescription and evaluating the patient’s condition, the practitioner may issue any appropriate renewal, refill or new prescription for the controlled substance or another drug for the patient.

NOTE: The purpose of this bill is to place limitations on length of time that prescriptions may be issued for schedule II and III controlled substances. The bill defines a term.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.