H. B. 4342
(By Delegate Sparks)
[Introduced February 1, 2000; referred to the
Committee on Government Organization then Finance.]
A BILL to amend article five, chapter thirty of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new section, designated section twelve-a,
relating to requiring pharmacies and pharmacists to maintain
a database with capacity to link by computer to a central
database for the exchange of information about pain medication
prescriptions filled for minors; and providing criminal
penalty.
Be it enacted by the Legislature of West Virginia:
That article five, chapter thirty of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section twelve-a, to read as follows:
ARTICLE 5. PHARMACISTS, PHARMACY TECHNICIANS, PHARMACY INTERNS
AND PHARMACIES.
§30-5-12a. Computer equipment required for pharmacy or drugstore;
penalties and fines.
(a) Every pharmacy shall be equipped with computers capable of
keeping and maintaining a database of prescriptions filled for pain
medications for minors that can be linked to a central database or
other approved system containing this information. The purpose of
the database and link is to permit the pharmacy or pharmacist to
determine if the minor is currently listed as being prescribed any
other pain medication. If this is the case, the pharmacy or
pharmacist shall inform the prescribing physician or physicians and
the parents or guardians of the minor, if known. The board of
pharmacy shall by rule prescribe the minimum computer equipment
which a pharmacy shall possess and establish a central clearing
house or database that can be accessed by a pharmacy or pharmacist
for the information required by this section.
(b) Any person violating this section is guilty of a
misdemeanor and upon conviction thereof, shall be fined not less
than two hundred fifty dollars nor more than one thousand dollars, and no permit may be issued or renewed for any pharmacy which has
not complied with the provisions of this section.
NOTE: The purpose of this bill is to require pharmacies and
pharmacists to maintain a database with capacity to link by
computer to a central database for the exchange of information
about pain medication prescriptions filled for minors. It also
provides a criminal penalty for failure to comply.
§30-5-12a is new; therefore, strike-throughs and underscoring
have been omitted.