SB165 S H&HR AM #1
The Committee on Health and Human Resources moved to amend the bill on page one, section one, line twenty-four, after the word “authorized” by striking out the period and adding the following: with the following amendments:
On page thirty-seven, subsection 21.1, after the words “and the”, by striking out the words “National Provider Identification (NPI) number”;
On page thirty-seven, subsection 21.1, after the word “suffix.”, by inserting the words “The National Provider Identification (NPI) number shall be required on all valid prescriptions beginning January 1, 2012";
On page forty-seven, after section 26, after the word “dispensed.” by adding a new section, designated section 27, to read as follows: 15-1-27. West Virginia Official Prescription Paper Program Rules.
27.1. The purpose of this section is to establish rules for the West Virginia Official Prescription Program Act set forth at West Virginia Code Section §16-5W-1, et seq. for use in writing prescriptions by practitioners.
27.2. Definitions. As used in this rule:
a. "Program Vendor" means the private contractor or contractors selected to manage the production and delivery of official state prescription paper.
b. "West Virginia Official Prescription Paper" means prescription paper, which has been authorized by the state for use, and meets the following criteria:
1. Prevention of unauthorized copying;
2. Prevention of erasure or modification;
3. An ability to prevent counterfeit prescription pads; and
4. Capable of supporting automated validation through pharmacy claims processing systems using the official state prescription control number.
27.3. Minimum Requirements of West Virginia Official Prescription Paper. The prescription paper shall contain the following security features:
a. Shall meet all requirements issued by the Center for Medicare and Medicaid Services for a written prescription for controlled substances as required by Section 2002(b) of PL. 110-28 of the Iraq War Supplemental Appropriations Bill enacted by the United States Congress in 2007;
b. shall contain six (6) quantity check-off boxes printed on the form and in the following quantities shall appear:
5. 101-150; and
6. 151 and over:
Provided, That if the blank has the quantity prescribed electronically printed in both numeric and word format, then the quantity check-off boxes shall not be necessary;
c. Shall contain space for the prescriber to indicate number of refills, if any, or to indicate no refills;
d. Shall provide space for the patient‟s name and address, the prescribing practitioner‟s signature;
e. Shall provide space for the preprinted, stamped, typed, or manually printed name, address and telephone number of the prescribing practitioner, and the practitioner‟s DEA registration number and NPI number;
f. Shall contain the following statement printed on the bottom of the prescription blank: “This prescription may be filled with a generically equivalent drug product unless the words 'Brand Medically Necessary' are written in the practitioner's own handwriting, on this prescription form.”; and
g. Each blank must be numbered on the face with a unique identifying control number in both human readable and barcode format.
27.4. The Board will solicit open bids and select a vendor or vendors to provide West Virginia Official Prescription Paper and maintain appropriate records of such product supplied to practitioners based on ability of proposed program to prevent prescription fraud, price and ability to meet these requirements.
a. Practitioners licensed to practice in this State may purchase West Virginia Official Prescription Paper as per individual orders from the selected vendor(s). The cost of the Official Prescription Paper will be borne by the ordering practitioner/institution, unless the state is successful in securing offsetting funds such as federal grants, risk/reward programs or private funding applied for and received by the state for the express purpose of partially or fully funding the West Virginia Official Prescription Program.
b. Orders shall be placed through a vendor supplied secure on-line order capture system or on an order form to be supplied by the Vendor, and must contain the requesting practitioner's name, specialty, primary address and other practice site address(s), Federal DEA registration number, if any, National Provider Identification number, the State professional practice license number, number of prescriptions requested, and shall be signed by the requesting practitioner.
c. Records of West Virginia Official Prescription Paper supplied to practitioners will be maintained by the vendor or vendors and will be subject to random and regular audits. Discrepancies shall be reported to the Board in a regular and timely manner.
27.5. On and after January 1, 2012 every written prescription written in West Virginia by a practitioner shall be written on West Virginia Official Prescription Paper. A pharmacist may not fill a written prescription from a West Virginia practitioner unless issued upon an official state issued prescription form.
27.6. Practitioners; control and reporting of West Virginia Official Prescription Paper.
a. Adequate safeguards and security measures shall be undertaken by practitioners holding West Virginia Official Prescription Paper to assure against the loss, destruction, theft or unauthorized use of the forms. The forms may be used only by the practitioner to whom they are issued and are not transferable.
b. The Practitioner must also notify the vendor of any failure to receive Official Prescription Paper within a reasonable time after ordering them. Further, practitioners must immediately notify the Board and vendor in writing of the loss through destruction, theft or loss, or unauthorized use of any Official Prescription Paper blanks, including:
1. Estimated number of blanks affected;
2. Control numbers if available; and
3. Suspected reason for destruction, theft, or loss.
c. The program vendor must provide annual SAS70 or SSAE16 third party audits of the prescription paper printing/personalization facility used in the preparation and distribution of West Virginia Official Prescription Paper blanks upon request. The program vendor must be able to provide such report for each year and for two years prior to the term of the contract.