H. B. 4142
(By Delegates Ellis, Eldridge, Hrutkay,
Rodighiero and Reynolds)
[Introduced January 23, 2008; referred to the
Committee on Health and Human Resources then the Judiciary.]
A BILL to amend and reenact §30-3A-1 of the Code of West Virginia,
1931, as amended; and to amend said code by adding thereto a
new section, designated §30-3A-5, all relating to the
treatment of intractable pain.
Be it enacted by the Legislature of West Virginia:
That §30-3A-1 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that said code be amended by adding
thereto a new section, designated §30-3A-5, all to read as follows:
ARTICLE 3A. MANAGEMENT OF INTRACTABLE PAIN.
§30-3A-1. Definitions.
For the purposes of this article, the words or terms defined
in this section have the meanings ascribed to them. These
definitions are applicable unless a different meaning clearly
appears from the context.
(1) An "accepted guideline" is a care or practice guideline
for pain management developed by a nationally recognized clinical or professional association or a specialty society or
government-sponsored agency that has developed practice or care
guidelines based on original research or on review of existing
research and expert opinion. An accepted guideline also includes
policy or position statements relating to pain management issued by
any West Virginia board included in chapter thirty of the West
Virginia Code with jurisdiction over various health care
practitioners. Guidelines established primarily for purposes of
coverage, payment or reimbursement do not qualify as accepted
practice or care guidelines when offered to limit treatment options
otherwise covered by the provisions of this article.
(2) "Board" or "licensing board" means the West Virginia Board
of Medicine, the West Virginia Board of Osteopathy, the West
Virginia board of registered nurses or the West Virginia Board of
Pharmacy.
(3) "Intractable pain" means a state of pain having a cause
that cannot be removed. Intractable pain exists if an effective
relief or cure of the cause of the pain: (1) Is not possible; or
(2) has not been found after reasonable efforts. Intractable pain
may be temporary or chronic.
(4) "Nurse" means a registered nurse licensed in the State of
West Virginia pursuant to the provisions of article seven of this
chapter.
(5) "Pain-relieving controlled substance" includes, but is not limited to, an opioid or other drug classified as a Schedule II
through Schedule IV controlled substance and recognized as
effective for pain relief, and excludes any drug that has no
accepted medical use in the United States or lacks accepted safety
for use in treatment under medical supervision including, but not
limited to, any drug classified as a Schedule I controlled
substance.
(6) "Pharmacist" means a registered pharmacist licensed in the
State of West Virginia pursuant to the provisions of article five
of this chapter.
(7) "Physician" means a physician licensed in the State of
West Virginia pursuant to the provisions of article three or
article fourteen of this chapter.
(8) "Practicing pain management physician" means any physician
whose practice is made up by the majority of patients receiving
Schedule II through Schedule IV controlled substances.
§30-3A-5. Special requirements for pain management physicians.
(a) All practicing pain management physicians as defined in
section one of this article, shall conduct inquiries through the
West Virginia Board of Pharmacy's Prescription Monitoring Database
on all patients receiving Schedule II through Schedule IV
controlled substances.
(b) All current patients of practicing pain management
physicians shall have a patient profile conducted through the West Virginia Board of Pharmacy's Prescription Monitoring Database
program within six month period of time upon passage of this
section and all new patients will have profiles conducted within a
period not to exceed thirty days.
(c) Nothing in this section dictates how the physician chooses
or continues to practice pain management with the individual
patient, as long as he or she is compliant with the appropriate
licensing board of his or her practice.
NOTE: The purpose of this bill is to reduce the number of
individuals who receive duplicate prescriptions from multiple
physicians and to further identify individuals diverting controlled
substances from their intended use.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.