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Introduced Version House Bill 4142 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 4142


(By Delegates Ellis, Eldridge, Hrutkay,

Rodighiero and Reynolds)


[Introduced January 23, 2008; referred to the

Committee on Health and Human Resources then the Judiciary.]



A BILL to amend and reenact §30-3A-1 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §30-3A-5, all relating to the treatment of intractable pain.

Be it enacted by the Legislature of West Virginia:

That §30-3A-1 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto a new section, designated §30-3A-5, all to read as follows:

ARTICLE 3A. MANAGEMENT OF INTRACTABLE PAIN.

§30-3A-1. Definitions.

For the purposes of this article, the words or terms defined in this section have the meanings ascribed to them. These definitions are applicable unless a different meaning clearly appears from the context.

(1) An "accepted guideline" is a care or practice guideline for pain management developed by a nationally recognized clinical
or professional association or a specialty society or government-sponsored agency that has developed practice or care guidelines based on original research or on review of existing research and expert opinion. An accepted guideline also includes policy or position statements relating to pain management issued by any West Virginia board included in chapter thirty of the West Virginia Code with jurisdiction over various health care practitioners. Guidelines established primarily for purposes of coverage, payment or reimbursement do not qualify as accepted practice or care guidelines when offered to limit treatment options otherwise covered by the provisions of this article.
(2) "Board" or "licensing board" means the West Virginia Board of Medicine, the West Virginia Board of Osteopathy, the West Virginia board of registered nurses or the West Virginia Board of Pharmacy.

(3) "Intractable pain" means a state of pain having a cause that cannot be removed. Intractable pain exists if an effective relief or cure of the cause of the pain: (1) Is not possible; or (2) has not been found after reasonable efforts. Intractable pain may be temporary or chronic.

(4) "Nurse" means a registered nurse licensed in the State of West Virginia pursuant to the provisions of article seven of this chapter.

(5) "Pain-relieving controlled substance" includes, but is not
limited to, an opioid or other drug classified as a Schedule II through Schedule IV controlled substance and recognized as effective for pain relief, and excludes any drug that has no accepted medical use in the United States or lacks accepted safety for use in treatment under medical supervision including, but not limited to, any drug classified as a Schedule I controlled substance.
(6) "Pharmacist" means a registered pharmacist licensed in the State of West Virginia pursuant to the provisions of article five of this chapter.

(7) "Physician" means a physician licensed in the State of West Virginia pursuant to the provisions of article three or article fourteen of this chapter.

(8) "Practicing pain management physician" means any physician whose practice is made up by the majority of patients receiving Schedule II through Schedule IV controlled substances.

§30-3A-5. Special requirements for pain management physicians.

(a) All practicing pain management physicians as defined in section one of this article, shall conduct inquiries through the West Virginia Board of Pharmacy's Prescription Monitoring Database on all patients receiving Schedule II through Schedule IV controlled substances.

(b) All current patients of practicing pain management physicians shall have a patient profile conducted through the West
Virginia Board of Pharmacy's Prescription Monitoring Database program within six month period of time upon passage of this section and all new patients will have profiles conducted within a period not to exceed thirty days.
(c) Nothing in this section dictates how the physician chooses or continues to practice pain management with the individual patient, as long as he or she is compliant with the appropriate licensing board of his or her practice.



NOTE: The purpose of this bill is to reduce the number of individuals who receive duplicate prescriptions from multiple physicians and to further identify individuals diverting controlled substances from their intended use.


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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