H. B. 4036

(By Delegate L. Phillips)

[Introduced January 12, 2012; 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 §30-5-1c; and to amend said code by adding thereto a new section, designated §60A-8-6a, all relating to requiring prescription drugs prior to being dispensed or delivered to be labeled whether the drug may be crushed or otherwise altered from its prescribed form; prohibiting the crushing or other alteration of a prescribed drug; and providing penalties.

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 §30-5-1c; and to amend said code by adding thereto a new section, designated §60A-8-6a, all to read as follows:

CHAPTER 30. PROFESSIONS AND OCCUPATIONS.

ARTICLE 5. PHARMACISTS, PHARMACY TECHNICIANS, PHARMACY INTERNS              AND PHARMACIES.

§30-5-1c. Alteration of prescribed drugs.

    In addition to all other requirements of this code, all prescription drugs prior to being dispensed or delivered must be labeled indicating whether the drug may be crushed or otherwise altered from its prescribed form.

CHAPTER 60A. UNIFORM CONTROLLED SUBSTANCES ACT.

ARTICLE 8. WHOLESALE DRUG DISTRIBUTION LICENSING ACT OF 1991.

§60A-8-6a. Prohibited drug alteration; penalties.

    It is unlawful for any person to knowingly crush or otherwise alter any prescription drug except when the label of the prescribed drug so indicates. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000. Any person who violates this section shall for a second offense be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $1,000 nor more than $5,000.

    NOTE: The purpose of this bill is to prohibit individuals to crush or otherwise alter a prescription drug in order to ingest that drug, e.g. snort, in a manner other than its prescribed form.

    These sections are new; therefore, they have been completely underscored.