H. B. 2534
(By Delegate Miley)
[Introduced
January 25, 2007
; referred to the
Committee on Health and Human Resources then the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §60A-3-308a,
relating to prohibiting the prescription of the drug oxycontin
unless directly administered by a licensed physician or nurse
or directly monitored by a licensed physician or nurse; and
penalties.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §60A-3-308a, to read as
follows:
ARTICLE 3. REGULATION OF MANUFACTURE, DISTRIBUTION AND DISPENSING
OF CONTROLLED SUBSTANCES.
§60A-3-308a.
Restrictions on dispensing oxycontin; penalties.
No person may prescribe, nor may a person possess, the
controlled substance oxycontin unless such substance is going to be directly administered by a licensed physician or nurse, or is
monitored in person by a licensed physician or nurse.
Any person that violates this section is guilty of a
misdemeanor and, upon conviction thereof, shall be confined in jail
for not less than ten days nor more than sixty days. If a person
violates this section for a second offense, the person is guilty of
a misdemeanor and, upon conviction thereof, shall be confined in
jail for not less than thirty days nor more than six months. Any
person violating this section for a subsequent offense, the person
is guilty of a misdemeanor and, upon conviction thereof, shall be
confined in jail for not less than six months nor more than two
years.
NOTE: The purpose of this bill is to prohibit the
prescription of the drug oxycontin unless directly administered by
a licensed physician or nurse, or directly monitored by a licensed
physician or nurse; and penalties.
This section is new; therefore, strike-throughs and
underscoring have been omitted.
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