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Introduced Version House Bill 3238 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 3238


(By Delegate Canterbury (By Request))

[Introduced January 13, 2010; referred to the

Committee on Health and Human Resources then the Judiciary.]





A BILL to amend and reenact §5A-3C-4 of the Code of West Virginia, 1931, as amended; and to amend and reenact §30-5-14 of said code, all relating to requiring brand pharmaceuticals manufacturers and pharmacies to allow patients to return unused prescriptions and over-the-counter medicines for safe disposal.

Be it enacted by the Legislature of West Virginia:

That §5A-3C-4 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §30-5-14 of said code be amended and reenacted, all to read as follows:

CHAPTER 5A. DEPARTMENT OF ADMINISTRATION.

ARTICLE 3C. PHARMACEUTICAL AVAILABILITY AND AFFORDABILITY ACT OF 2004.

§5A-3C-4. Creation of clearinghouse program.
(a) There is hereby created the state prescription drug assistance clearinghouse program. The brand pharmaceutical manufacturers shall create and implement a program to assist state residents who are low income or uninsured to gain access to prescription medications through existing private and public sector programs and prescription drug assistance programs offered by manufacturers, including discount and coverage programs. The brand pharmaceutical manufacturers shall use available computer software programs that access an eligible individual with the appropriate private or public programs relating to the individual's medically necessary drugs. The brand pharmaceutical manufacturers shall provide education to individuals and providers to promote the program and to expand enrollment and access to necessary medications for low-income or uninsured individuals qualifying for the programs. The participating brand pharmaceutical manufacturers shall be responsible for the cost of the establishment of the program, and be responsible for running the program, regardless of the date of transfer of the program to the state, for the period of time until a date no earlier than June 30, 2005, and ownership of the technology, website and other program features shall be transferred to the state on the same date. The Secretary of the Department of Health and Human Resources and the Director of the Public Employees Insurance Agency shall provide joint oversight over the establishment and construction of the program and program features for the period of time prior to the transfer of ownership to the state. The pharmaceutical council shall recommend the state agency to own, control and operate the program, technology and program features, and shall include such recommendation in its report on or before September 1, 2004, to the Joint Committee on Government and Finance, as provided for in section eight of this article. In addition, the pharmaceutical manufacturers shall report to the Joint Committee on Government and Finance on a monthly basis all activities related to the implementation of this program including the number of citizens serviced and the services provided.
(b) The participating brand pharmaceutical manufacturers shall contribute the funding for the promotion of the public relations program attendant to the establishment of the program. The participating brand pharmaceutical manufacturers shall be responsible for the cost of the establishment of the program and the cost of the ongoing program, regardless of the date of transfer of ownership of the program to the state, for the period of time until December 31, 2004.
(c) The participating brand pharmaceutical manufacturers shall establish a program permitting all individuals to return unused prescription and over-the-counter medications to the participating brand pharmaceutical manufacturers for disposal, effective July 1, 2009.
CHAPTER 30. PROFESSIONS AND OCCUPATIONS.

ARTICLE 5. PHARMACISTS, PHARMACY TECHNICIANS, PHARMACY INTERNS AND PHARMACIES.
§30-5-14. Pharmacies to be registered; permit to operate; fees; pharmacist to conduct business.

(a) The Board of Pharmacy shall require and provide for the annual registration of every pharmacy doing business in this state, including an ambulatory health care facility, as that term is defined in section one, article five-b, chapter sixteen of this code, who offers pharmaceutical care, and a facility operated to provide health care or mental health care services free of charge or at a reduced rate and who operates a charitable clinic pharmacy. Any person, firm, corporation or partnership desiring to operate, maintain, open or establish a pharmacy in this state shall apply to the Board of Pharmacy for a permit to do so. The application for such permit shall be made on a form prescribed and furnished by the Board of Pharmacy, which, when properly executed, shall indicate the owner, manager, trustee, lessee, receiver or other person or persons desiring such permit, as well as the location of such pharmacy, including street and number, and
any other information as the Board of Pharmacy may require. If it is desired to operate, maintain, open or establish more than one pharmacy, separate application shall be made and separate permits or licenses shall be issued for each.
(b) Every initial application for a permit shall be accompanied by the required fee of $150. The fee for renewal of such permit or license shall be $100 annually.
(c) If an application is approved, the Secretary of the Board of Pharmacy shall issue to the applicant a permit or license for each pharmacy for which application is made. Permits or licenses issued under this section shall not be transferable and shall expire on June 30 of each calendar year and if application for renewal of permit or license is not made on or before that date, or a new one granted on or before August 1, following, the old permit or license shall lapse and become null and void and shall require an inspection of the pharmacy and a fee of $150 plus $150 for the inspection.
(d) Every place of business so registered shall employ a pharmacist in charge and operate in compliance with the general provisions governing the practice of pharmacy and the operation of a pharmacy.
(e) The provisions of this section shall have no application to the sale of nonprescription drugs which are not required to be dispensed pursuant to a practitioner's prescription.
(f)
Every pharmacy registered in this state shall establish a program permitting all individuals to return unused prescriptions and over-the-counter medications to the that pharmacy for disposal, effective July 1, 2009. This may be in conjunction with or, in addition to, the program required to be established by participating brand pharmaceutical manufacturers under the provisions of section four, article three-c, chapter five-a of this code.

NOTE: The purpose of this bill is to require brand pharmaceuticals manufacturers and pharmacies to allow patients to return unused prescriptions and over-the-counter medicines for safe disposal.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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