WEST virginia Legislature

2018 regular session

Introduced

Senate Bill 129

By Senators Baldwin, Ojeda, Beach, and Woelfel

[Introduced January 10, 2018; Referred
to the Committee on Health and Human Resources; and then to the Committee on 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 Schedule III controlled substances; and defining a term.

Be it enacted by the Legislature of West Virginia:

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 causes, 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 Schedule 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 Schedule 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.