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Introduced Version House Bill 3256 History

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hb3256 intr
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 WELL-BEING.

§15-14-1. Definition of partnership.

The "partnership" means the West Virginia Partnership to Promote Community Well-Being established by Executive Order No. 8-04.
§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 practices;
(3) Accept and receive donations, gifts, grants, bequests and other funds in furtherance of its duties set forth in this article; and
(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 Well-Being Account.
(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 strategies.
(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 Board.
(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 appointed.
(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 controlled substances.

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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