H. B. 3238
(By Delegate Canterbury (By Request))
[Introduced January 13, 2010; referred to the
Committee on Health and Human Resources then the Judiciary.]
A BILL to amend and reenact §5A-3C-4 of the Code of West Virginia,
1931, as amended; and to amend and reenact §30-5-14 of said
code, all relating to requiring brand pharmaceuticals
manufacturers and pharmacies to allow patients to return
unused prescriptions and over-the-counter medicines for safe
disposal.
Be it enacted by the Legislature of West Virginia:
That §5A-3C-4 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that §30-5-14 of said code be amended
and reenacted, all to read as follows:
CHAPTER 5A. DEPARTMENT OF ADMINISTRATION.
ARTICLE 3C. PHARMACEUTICAL AVAILABILITY AND AFFORDABILITY ACT OF
2004.
§5A-3C-4. Creation of clearinghouse program.
(a) There is hereby created the state prescription drug assistance clearinghouse program. The brand pharmaceutical
manufacturers shall create and implement a program to assist state
residents who are low income or uninsured to gain access to
prescription medications through existing private and public sector
programs and prescription drug assistance programs offered by
manufacturers, including discount and coverage programs. The brand
pharmaceutical manufacturers shall use available computer software
programs that access an eligible individual with the appropriate
private or public programs relating to the individual's medically
necessary drugs. The brand pharmaceutical manufacturers shall
provide education to individuals and providers to promote the
program and to expand enrollment and access to necessary
medications for low-income or uninsured individuals qualifying for
the programs. The participating brand pharmaceutical manufacturers
shall be responsible for the cost of the establishment of the
program, and be responsible for running the program, regardless of
the date of transfer of the program to the state, for the period of
time until a date no earlier than June 30, 2005, and ownership of
the technology, website and other program features shall be
transferred to the state on the same date. The Secretary of the
Department of Health and Human Resources and the Director of the
Public Employees Insurance Agency shall provide joint oversight
over the establishment and construction of the program and program
features for the period of time prior to the transfer of ownership
to the state. The pharmaceutical council shall recommend the state agency to own, control and operate the program, technology and
program features, and shall include such recommendation in its
report on or before September 1, 2004, to the Joint Committee on
Government and Finance, as provided
for in section eight of this
article. In addition, the pharmaceutical manufacturers shall
report to the Joint Committee on Government and Finance on a
monthly basis all activities related to the implementation of this
program including the number of citizens serviced and the services
provided.
(b) The participating brand pharmaceutical manufacturers shall
contribute the funding for the promotion of the public relations
program attendant to the establishment of the program. The
participating brand pharmaceutical manufacturers shall be
responsible for the cost of the establishment of the program and
the cost of the ongoing program, regardless of the date of transfer
of ownership of the program to the state, for the period of time
until December 31, 2004.
(c) The participating brand pharmaceutical manufacturers shall
establish a program permitting all individuals to return unused
prescription and over-the-counter medications to the participating
brand pharmaceutical manufacturers for disposal, effective July 1,
2009.
CHAPTER 30. PROFESSIONS AND OCCUPATIONS.
ARTICLE 5. PHARMACISTS, PHARMACY TECHNICIANS, PHARMACY INTERNS
AND PHARMACIES.
§30-5-14. Pharmacies to be registered; permit to operate; fees;
pharmacist to conduct business.
(a) The Board of Pharmacy shall require and provide for the
annual registration of every pharmacy doing business in this state,
including an ambulatory health care facility, as that term is
defined in section one, article five-b, chapter sixteen of this
code, who offers pharmaceutical care, and a facility operated to
provide health care or mental health care services free of charge
or at a reduced rate and who operates a charitable clinic pharmacy.
Any person, firm, corporation or partnership desiring to operate,
maintain, open or establish a pharmacy in this state shall apply to
the Board of Pharmacy for a permit to do so. The application for
such permit shall be made on a form prescribed and furnished by the
Board of Pharmacy, which, when properly executed, shall indicate
the owner, manager, trustee, lessee, receiver or other person or
persons desiring such permit, as well as the location of such
pharmacy, including street and number, and
any
other information as
the Board of Pharmacy may require. If it is desired to operate,
maintain, open or establish more than one pharmacy, separate
application shall be made and separate permits or licenses shall be
issued for each.
(b) Every initial application for a permit shall be
accompanied by the required fee of $150. The fee for renewal of
such permit or license shall be $100 annually.
(c) If an application is approved, the Secretary of the Board of Pharmacy shall issue to the applicant a permit or license for
each pharmacy for which application is made. Permits or licenses
issued under this section shall not be transferable and shall
expire on June 30 of each calendar year and if application for
renewal of permit or license is not made on or before that date, or
a new one granted on or before August 1, following, the old permit
or license shall lapse and become null and void and shall require
an inspection of the pharmacy and a fee of $150 plus $150 for the
inspection.
(d) Every place of business so registered shall employ a
pharmacist in charge and operate in compliance with the general
provisions governing the practice of pharmacy and the operation of
a pharmacy.
(e) The provisions of this section shall have no application
to the sale of nonprescription drugs which are not required to be
dispensed pursuant to a practitioner's prescription.
(f)
Every pharmacy registered in this state shall establish a
program permitting all individuals to return unused prescriptions
and over-the-counter medications to the that pharmacy for disposal,
effective July 1, 2009. This may be in conjunction with or, in
addition to, the program required to be established by
participating brand pharmaceutical manufacturers under the
provisions of section four, article three-c, chapter five-a of this
code.
NOTE: The purpose of this bill is to require brand
pharmaceuticals manufacturers and pharmacies to allow patients to
return unused prescriptions and over-the-counter medicines for safe
disposal.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.