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Introduced Version Senate Bill 664 History

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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 664

(By Senators Oliverio and Kessler)

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[Introduced March 23, 2009; referred to the Committee on Health and Human Resources.]

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A BILL to amend and reenact §30-7-15a and §30-7-15 b of the Code of West Virginia, 1931, as amended, all relating to expanding prescriptive authority of advanced nurse practitioners.

Be it enacted by the Legislature of West Virginia:
That §30-7-15a and §30-7-15
b of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 7. REGISTERED PROFESSIONAL NURSES.
§30-7-15a. Prescriptive authority for prescription drugs; coordination with Board of Pharmacy.

(a) The board may, in its discretion, authorize an advanced nurse practitioner to prescribe prescription drugs in a collaborative relationship with a physician licensed to practice in West Virginia and in accordance with applicable state and federal laws. An authorized advanced nurse practitioner may write or sign prescriptions or transmit prescriptions verbally or by other means of communication.
(b) For purposes of this section an agreement to a collaborative relationship for prescriptive practice between a physician and an advanced nurse practitioner shall be set forth in writing. Verification of such the agreement shall be filed with the board by the advanced nurse practitioner. The board shall forward a copy of such the verification to the Board of Medicine. Collaborative agreements shall include, but are not be limited to, the following:
(1) Mutually agreed upon written guidelines or protocols for prescriptive authority as it applies to the advanced nurse practitioner's clinical practice;
(2) Statements describing the individual and shared responsibilities of the advanced nurse practitioner and the physician pursuant to the collaborative agreement between them;
(3) Periodic and joint evaluation of prescriptive practice; and
(4) Periodic and joint review and updating of the written guidelines or protocols.
(c) The board shall promulgate legislative rules in accordance with the provisions of chapter twenty-nine-a of this code governing the eligibility and extent to which an advanced nurse practitioner may prescribe drugs. Such rules shall provide, at a minimum, a state formulary classifying those categories of drugs which shall not be prescribed by advanced nurse practitioners, including, but not limited to, Schedules I and II of the Uniform Controlled Substances Act, anticoagulants, antineoplastics, radio-pharmaceuticals and general anesthetics. Drugs listed under schedule III shall be limited to a seventy-two hour supply without refill.
(d) The board shall consult with other appropriate boards for the development of the formulary
is allowed to have prescriptive authority. The rules shall allow, at a minimum, those categories of drugs which may not be prescribed by advance nurse practitioners, including but not limited to, Schedule I of the Uniform Controlled Substances Act, nontopical antineoplastics and general anesthetics. Drugs listed under Schedule III shall be limited to not more than a ninety-day supply with up to three thirty day refills, including but not limited to, Schedule III anti-depressants and analgesics.
(e) (d) The board shall transmit to the Board of Pharmacy a list of all advanced nurse practitioners with prescriptive authority. The list shall include:
(1) The name of the authorized advanced nurse practitioner;
(2) The prescriber's identification number assigned by the board; and
(3) The effective date of prescriptive authority.
§30-7-15b. Eligibility for prescriptive authority; application; fee.

An advanced nurse practitioner who applies for authorization to prescribe drugs shall:
(a) Be licensed and certified in West Virginia as an advanced nurse practitioner holding a baccalaureate degree in science or the arts
as a registered professional nurse in West Virginia and recognized in West Virginia as an advanced nurse practitioner with a graduate degree in nursing from a school of nursing accredited by a nationally recognized nursing accreditation body approved by the United States Department of Education;
(b) Not be less than eighteen years of age;
(c) Provide the board with evidence of successful completion of forty-five contact hours of education in pharmacology and clinical management of drug therapy under a program approved by the board, fifteen hours of which shall be completed within the two-year period immediately before the date of application;
(d) Provide the board with evidence that he or she is a person of good moral character and not addicted to alcohol or the use of controlled substances; and
(e) Submit a completed, notarized application to the board, accompanied by a fee of $125.


NOTE: The purpose of this bill is to expand the prescriptive authority of advanced nurse practitioners by allowing them to prescribe a ninety-day supply with up to three thirty day renewals. Current law allows a seventy-two hour supply without refill.
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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