H. B. 3256
(By Delegates Perry, Moore, Marshall, Mahan,
Guthrie, Williams, Kominar, Perdue and Moye)
[Introduced March 20, 2009; referred to the
Committee on Health and Human Resources then Finance.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §15-14-1, §15-14-2,
§15-14-3, §15-14-4 and §15-14-5, all relating to the West
Virginia Partnership to Promote Community Well-Being;
designating the partnership as the single state planning
authority for substance abuse prevention, intervention and
recovery; setting forth powers and duties; establishing a
special revenue account; requesting authorization for
partnership recommendations as to certain federal grants;
creating a Medical Prescription Advisory Board to provide
expertise on controlled substances to licensing boards and
law-enforcement agencies during investigations of prescribers;
establishing membership; and terms and responsibilities.
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 article, designated §15-14-1, §15-14-2, §15-14-3, §15-14-4 and §15-14-5, all to read as follows:
ARTICLE 14. THE WEST VIRGINIA PARTNERSHIP TO PROMOTE COMMUNITY
§15-14-1. Definition of partnership.
The "partnership" means the West Virginia Partnership to
Promote Community Well-Being established by Executive Order No.
§15-14-2. Partnership designated as single state planning
authority for substance abuse prevention,
intervention and recovery.
The Legislature hereby designates the West Virginia
Partnership to Promote Community Well-Being, established by
Executive Order No. 8-04, as the single state planning authority
for substance abuse prevention, intervention and recovery.
§15-14-3. Partnership powers and duties.
(a) The partnership shall perform those duties assigned to it
by Executive Order No. 8-04 and shall:
(1) When requested by the Governor, establish grant
application processes, make recommendations to the Governor as to
grant recipients and oversee the implementation of grants to be
expended from federal, state and other public or private funds;
(2) Establish a long-term strategic plan for substance abuse
prevention, intervention and recovery and make recommendations to
the Governor and the Legislature for funding the plan;
(3) Establish a data-gathering system to monitor the social
and financial impact of substance abuse in West Virginia, compile
and analyze the data, make annual reports to the Governor and the
Legislature and disseminate the reports publicly by electronic and
other means for state, regional and local level prevention,
intervention and recovery planning and evaluation; and
(4) Conduct a review of state laws and rules that control drug
and alcohol policies and make recommendations for legislation
corresponding to the long-term strategic plan.
(b) The partnership may:
(1) Communicate with public bodies impacted by substance abuse
and its attendant problems, including, but not limited to, law
enforcement, corrections, courts, health care, including mental and
behavioral health care, child welfare, education, family resource
networks, counseling services and the faith-based community;
(2) Review and evaluate substance abuse prevention,
intervention and recovery programs to determine comprehensive,
scientific strategies for data-driven planning and evidence-based
(3) Accept and receive donations, gifts, grants, bequests and
other funds in furtherance of its duties set forth in this article;
(4) Exercise all other powers necessary for the discharge of
its duties and the implementation of this article.
§15-14-4. Federal and other funds; special revenue account.
(a) There is established in the State Treasury a special
revenue account to be known as the Partnership to Promote Community
(b) The partnership may receive federal grants, federally
forfeited funds and grants, gifts and bequests from public and
private entities without limitation.
(c) The Legislature requests the Governor to authorize the
partnership to make recommendations as to the use of that portion
of the federal Substance Abuse Prevention and Treatment Block Grant
required by federal law (42 U.S.C. Chapter 6A, Subchapter XVII,
Part B, subpart ii, §300x-21) to be used for the development of
programs that support community-based substance abuse prevention
(d) The partnership shall expend the funds received pursuant
to this section in accordance with the provisions of this article,
the by-laws adopted pursuant to this article and Executive Order
No. 8-0, and other applicable state and federal law.
§15-14-5. Creation of a Medical Prescription Review and Advisory
(a) As an adjunct to the Partnership To Promote Community
Well-Being, an advisory board of medical experts shall be created
to provide medical consultation to the licensing boards who license
and regulate prescribers, the Board of Pharmacy and law-enforcement agencies. The board will provide expert and expedited review of
medical records that are currently under review by the licensing
board or state or federal law-enforcement agency for alleged drug
diversion, including, but not limited to, inappropriate prescribing
of controlled substances, prescribing outside of the prescribers
scope of practice, prescription fraud and doctor shopping.
(b) The Medical Expert Review and Advisory Board shall consist
of three members appointed by the Governor.
(1) Two members shall be appointed by the Governor to
represent physicians with expertise in the management of pain and
the prescribing of controlled substances. When such member is to
be appointed, the Governor shall request from the major association
representing physicians in this state a list of four nominees to
the board. The Governor shall select from said nominees two
persons to serve on the board.
(2) One member shall be appointed by the Governor to represent
the pharmacists who have special expertise in the area of
controlled substances and prescribing patterns. When said member
is to be appointed, the Governor shall request from the major
association representing pharmacists in the state a list of three
nominees to the board. The Governor shall select from said
nominees one person to serve on the board. Each member shall serve
for a term of three years. Of the members of the board first
appointed, one shall be appointed for a term ending the June, 30, 2010, and one each for terms ending one and two years thereafter.
Members shall remain on the board until their successor is
(3) Board members shall be reimbursed by the requesting board
or law-enforcement agency actual expenses incurred, other than
expert review or testimony time.
(c) For requests by federal agencies for such consultation
that is made available in this section, the U.S. Attorney shall
approve any reviews in consideration of potential lawsuits at the
federal level due to the nature of controlled substances.
(d) The board established in this section shall be available
for prescriber boards and law-enforcement agencies for the purpose
of reviewing medical records and providing expert advice on the
appropriateness of actions taken by prescribers in response to the
established medical condition and shall respond in a reasonable
amount of time but no greater than three weeks.
NOTE: The purpose of this bill is to codify the West Virginia
Partnership to Promote Community Well-Being established by
Executive Order No. 8-04. Also, the purpose of this bill is to
create an advisory board to be available to licencing boards and
law-enforcement agencies to give expert advice on controlled
substances and prescribing patterns of prescribers in relation to
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would