SENATE CONCURRENT RESOLUTION NO. 43

(By Senators Wooton, Caldwell, Fanning, Hunter, Rowe and Snyder)


[Originating in the Committee on the Judiciary; reported February 28, 2002.]


Requesting the Joint Committee on Government and Finance conduct a study of the controlled substance prescription pain medication oxycodone.

Whereas, There is substantial evidence in West Virginia and in Appalachia of diversion and abuse of oxycodone; and
Whereas, There is a demonstrated need for a comprehensive controlled substances prescription monitoring program by the State Board of Pharmacy and the need for a legal prohibition against "doctor shopping" and "pharmacy hopping" for controlled substances to be enforced by appropriate law-enforcement agencies; and
Whereas, The Drug Enforcement Administration (DEA), in collaboration with 21 national health groups, has testified before Congress of the need for both health professionals and law- enforcement agencies to share a responsibility for ensuring that prescription pain medications are available to patients in need and preventing these drugs from becoming a source of harm and abuse; and
Whereas, A body of evidence is developing to show that oxycodone has recognized therapeutic uses, especially when other controlled substance prescription pain medications are not medically indicated or effective in the treatment of pain management; and
Whereas, It appears that the salutary benefits of oxycodone argue for its continuing availability to those patients who take it appropriately as prescribed by their physicians; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to review, examine and study oxycodone in order to determine what action can be or should be taken to ensure continued availability while limiting or precluding diversion and abuse; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2003, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.