WEST virginia
legislature
2017 regular session
By Delegate
Baldwin
[
to the Committee on Health and Human Resources then the Judiciary]
A BILL to amend the Code
of West Virginia, 1931, as amended, by adding thereto a new section, designated
§60A-3-309, relating to placing limitations on length of time that prescriptions
may be issued for schedule II and III controlled substances; and defining a
term.
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 section, designated §60A-3-309,
to read as follows:
ARTICLE 3. REGULATION OF
MANUFACTURE, DISTRIBUTION AND DISPENSING
OF CONTROLLED SUBSTANCES.
§60A-3-309. Limitation of length of prescriptions.
(a) “Acute pain” means
pain, whether resulting from disease, accidental or intentional trauma, or
other cause, that is reasonably expected to last only a short or finite period
of time. The term does not include chronic pain, or pain being treated as part
of cancer care, hospice or other end of life care.
(b) A practitioner may
not prescribe more than a seven-day supply of a schedule II or III controlled
substance for a patient upon the initial consultation or treatment of the
patient for acute pain. After issuing the initial prescription and evaluating
the patient’s condition, the practitioner may issue any appropriate renewal,
refill or new prescription for the controlled substance or another drug for the
patient.
NOTE: The purpose of this bill is
to place limitations on length of time that prescriptions may be issued for
schedule II and III controlled substances. The bill defines a term.
Strike-throughs indicate language
that would be stricken from a heading or the present law and underscoring
indicates new language that would be added.