ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 362
(Senators Jenkins, Stollings, Tomblin (Mr. President), Barnes, Edgell,
Foster, Laird, Plymale, Prezioso and Palumbo, original sponsors)
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[Passed March 13, 2010; in effect ninety days from passage.]
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AN ACT to amend and reenact §60A-4-410 of the Code of West
Virginia, 1931, as amended,
relating to unlawfully withholding
information from a medical practitioner in order to obtain a
prescription for a controlled substance; clarifying language;
and increasing penalties.
Be it enacted by the Legislature of West Virginia:
That §60A-4-410 of the Code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
ARTICLE 4. OFFENSES AND PENALTIES.
§60A-4-410. Prohibited acts -- Withholding information from
practitioner; additional controlled substances;
penalties.
(a) It is unlawful for a patient, in an attempt to obtain a
prescription for a controlled substance, to knowingly withhold from
a practitioner, that the patient has obtained a prescription for a controlled substance of the same or similar therapeutic use in a
concurrent time period from another practitioner.
(b) Any person who violates this section is guilty of a
misdemeanor and, upon conviction thereof, may be confined in jail
for not more than nine months, or fined not more than $2,500, or
both fined and confined.
(c) The offense established by this section is in addition to
and a separate and distinct offense from any other offense set
forth in this code.
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