SENATE CONCURRENT RESOLUTION NO. 65

(By Senators Laird, Browning, Green, Miller, Foster, Jenkins, Kirkendoll, Klempa, Stollings, Williams, Unger and Plymale)

Requesting the Joint Committee on Government and Finance to study access to the Controlled Substance Monitoring Program database maintained by the West Virginia Board of Pharmacy by certified law-enforcement officers, the training and security clearance associated with allowing increased access to the database, the costs associated with increased database accessibility and the admissibility of evidence obtained from the database.

    Whereas, Substance abuse, especially of controlled substances and prescription medication, is a pervasive problem among all sectors of our state's citizens, and results in the diminishment of our state's health, productivity and safety; and

    Whereas, Law-enforcement officials play a vital role in fighting the spread of criminal activity associated with the illegal use and proliferation of controlled substances and prescription medication; and

    Whereas, The Controlled Substance Monitoring Program database is an important tool that is currently being used by certain law- enforcement agencies and other authorized agents to combat illegal prescription drug abuse and proliferation; and

    Whereas, Increasing access to the Controlled Substance Monitoring Program may prove to serve the state's best interests in fighting the controlled substance and prescription medication abuse epidemic; and

    Whereas, If access is expanded, additional training of further individuals qualified to have increased access to the database, including certain sheriffs or deputy sheriffs, may be necessary to ensure that evidence and information are gathered in a proper manner to increase the likelihood of obtaining criminal convictions and to ensure proper safekeeping of the information obtained; and

    Whereas, Increased access to the database may have broader policy implications on the functionality and processes of the Controlled Substance Monitoring System, and a full understanding of the fiscal and managerial requirements of any policy change should be fully reviewed through this study; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Joint Committee on Government and Finance is hereby requested to study access to the Controlled Substance Monitoring Program database maintained by the West Virginia Board of Pharmacy by certified law-enforcement officers, the training and security clearance associated with allowing increased access to the database, the costs associated with increased database accessibility and the admissibility of evidence obtained from the database; and, be it

    Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2013, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

    Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.