Senate Bill No. 365
(By Senators Jenkins, Stollings, Tomblin (Mr. President), Edgell,
Foster, Plymale and Prezioso)
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[Introduced January 27, 2010; referred to the Committee on Health
and Human Resources; and then to the Committee on the Judiciary.]
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A BILL to amend and reenact §60A-9-3 of the Code of West Virginia,
1931, as amended, relating to requiring all retail pharmacies
to provide their personnel online access to the West Virginia
Controlled Substance Monitoring Program.
Be it enacted by the Legislature of West Virginia:
That §60A-9-3 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 9. CONTROLLED SUBSTANCES MONITORING.
§60A-9-3. Reporting system requirements; implementation; central
repository requirement.
(a) On or before September 1, 2002, the board of pharmacy
shall implement a program wherein a central repository is
established and maintained which shall contain such information as
is required by the provisions of this article regarding Schedule II, III and IV controlled substance prescriptions written or filled
in this state. In implementing this program, the board of pharmacy
shall consult with the West Virginia State Police, the licensing
boards of practitioners affected by this article and affected
practitioners.
(b) The program authorized by subsection (a) of this section
shall be designed to minimize inconvenience to patients,
prescribing practitioners and pharmacists while effectuating the
collection and storage of the required information. The State
Board of Pharmacy shall allow reporting of the required information
by electronic data transfer.
where feasible, and where not
feasible, on reporting forms promulgated by the Board of Pharmacy.
The information required to be submitted by the provisions of this
article shall be required to be filed no more frequently than once
a week.
(c)
(1) The State Board of Pharmacy shall provide for the
electronic transmission of the information required to be provided
by this article by and through the use of a toll-free telephone
line.
(2) A dispenser, who does not have an automated recordkeeping
system capable of producing an electronic report in the established
format may request a waiver from electronic reporting. The request
for a waiver shall be made to the state Board of Pharmacy in
writing and shall be granted if the dispenser agrees in writing to
report the data by submitting a completed "Pharmacy Universal Claim Form" as defined by legislative rule.
(d) All retail pharmacies shall provide appropriate pharmacy
personnel on-line access to the West Virginia Controlled Substances
Monitoring database.
NOTE: The purpose of this bill is to require all retail
pharmacies to provide its personnel on-line access to the West
Virginia Controlled Substance Monitoring Program.
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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