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Introduced Version House Bill 3028 History

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Key: Green = existing Code. Red = new code to be enacted

WEST virginia legislature

2017 regular session

Introduced

House Bill 3028

By Delegate Miley
By Request of the Executive

[Introduced March 14, 2017; Referred
to the Committee on Prevention and Treatment of Substance Abuse then Health and Human Resources
]

A BILL to repeal §18B-11B-1, §18B-11B-2, §18B-11B-3, §18B-11B-4, §18B-11B-5 and §18B-11B-6 of the Code of West Virginia, 1931, as amended; to amend and reenact §16-1-2 and §16-1-4 of said code; to amend said code by adding thereto a new article, designated §16-1D-1, §16-1D-2, §16-1D-3, §16-1D-4, §16-1D-5, §16-1D-6, §16-1D-7, §16-1D-8 and §16-1D-9; to amend said code by adding thereto a new article, designated §16-1E-1, §16-1E-2, §16-1E-3, §16-1E-4, §16-1E-5 and §16-1E-6; to amend and reenact §16-2-2 and §16-2-11 of said code; to amend said code by adding thereto a new section, designated §18-2-41; to amend said code by adding thereto a new section, designated §21A-1-9; to amend said code by adding thereto a new section, designated §60A-4-414; to amend and reenact §60A-9-3, §60A-9-4, §60A-9-5, §60A-9-5a, §60A-9-6 and §60A-9-7 of said code, all relating to the Comprehensive Substance Use Reduction Act (CSURA) a comprehensive response to the state’s opioid drug crisis; amending the definition of basic public health services to including harm reduction; creating the Office of Drug Control Policy; authorizing approval and certification of harm reduction programs; authorizing the State Health Officer to engage in an examination of prescribing and treatment of persons suffering a fatal or nonfatal opiate overdoes; authorizing the State Health Officer, in conjunction with the Office of Drug Control Policy, to develop guidelines for the prescribing opioids for acute pain; authorizing pilot projects for prevention and treatment services for low-income, pregnant substance abusers; prioritizing pregnant women for substance use disorder treatment referrals; establishing a duty for health care providers to encourage counseling and treatment of pregnant women suffering from substance use disorder; prohibiting the filing of a petition to terminate parental rights when a pregnant woman initiates drug abuse treatment;  requiring the Secretary of the Department of Health and Human Resources to establish and maintain an unused prescription drug disposal program; continuing the West  Virginia Poison Control Center under the supervision and direction of the State Health Officer; requiring the Department of Education and the Bureau for Public Health to develop a comprehensive health education curriculum for grades K through 12; authorizing the State Board of Education to adopt the comprehensive health education curriculum developed by the Bureau for Public Health for grades K through 12; requiring the creation of a liaison position in Work Force West Virginia to coordinate employment services for persons seeking substance use disorder treatment; requiring Work Force West Virginia to develop a pilot project to foster collaboration between employers and organizations providing substance use disorder treatment; prohibiting the prosecution of persons who disclose the possession of a hypodermic needle or syringe containing any minuscule or residual controlled substance to law-enforcement or other first responders; continuing the controlled substance monitoring program under the supervision and direction of the Office of Drug Control Policy; and authorizing the secretary to propose legislative rules, including the promulgation of emergency rules.

Be it enacted by the Legislature of West Virginia:


That §18B-11B-1, §18B-11B-2, §18B-11B-3, §18B-11B-4, §18B-11B-5 and §18B-11B-6 of the Code of West Virginia, 1931, as amended, be repealed; that §16-1-2 and §16-1-4 of said code be amended and reenacted;  that said code be amended by adding thereto a new article, designated §16-1D-1, §16-1D-2, §16-1D-3, §16-1D-4, §16-1D-5, §16-1D-6, §16-1D-7, §16-1D-8 and §16-1D-9; that said code be amended by adding thereto a new article, designated §16-1E-1, §16-1E-2, §16-1E-3, §16-1E-4, §16-1E-5 and §16-1E-6; that §16-2-2 and §16-2-11 of said code be amended and reenacted; that said code be amended by adding thereto a new section, designated §18-2-41; that said code be amended by adding thereto a new section, designated §21A-1-9; that said code be amended by adding thereto a new section, designated §60A-4-414; that §60A-9-3, §60A-9-4, §60A-9-5, §60A-9-5a, §60A-9-6 and §60A-9-7 of said code be amended and reenacted, all to read as follows:

 CHAPTER 16. PUBLIC HEALTH.


 

ARTICLE 1. STATE PUBLIC HEALTH SYSTEM.


§16-1-2. Definitions.


As used in this article:

(1) "Basic public health services" means those services that are necessary to protect the health of the public. The three areas of basic public health services are communicable and reportable disease prevention and control including, services and policies that lessen the adverse consequences of drug use and protect public health, community health promotion and environmental health protection;

(2) "Bureau" means the Bureau for Public Health in the department;

(3) "Combined local board of health" means one form of organization for a local board of health and means a board of health serving any two or more counties or any county or counties and one or more municipalities within or partially within the county or counties;

(4) "Commissioner" means the Commissioner of the Bureau, who is the state health officer;

(5) "County board of health" means one form of organization for a local board of health and means a local board of health serving a single county;

(6) "Department" means the West Virginia Department of Health and Human Resources;

(7) "Director" or "director of health" means the state health officer. Administratively within the department, the bureau through its commissioner carries out the public health functions of the department, unless otherwise assigned by the secretary;

(8) "Essential public health services" means the core public health activities necessary to promote health and prevent disease, injury and disability for the citizens of the state. The services include:

(A) Monitoring health status to identify community health problems;

(B) Diagnosing and investigating health problems and health hazards in the community;

(C) Informing, educating and empowering people about health issues;

(D) Mobilizing community partnerships to identify and solve health problems;

(E) Developing policies and plans that support individual and community health efforts;

(F) Enforcing laws and rules that protect health and ensure safety;

(G) Uniting people with needed personal health services and assuring the provision of health care when it is otherwise not available;

(H) Promoting a competent public health and personal health care workforce;

(I) Evaluating the effectiveness, accessibility and quality of personal and population-based health services; and

(J) Researching for new insights and innovative solutions to health problems;

(9) “Harm reduction” means a program that provides services, including syringe exchange programs, medical care, counseling and the coordination of homeless services or drug treatment, to individuals at risk of experiencing an opiate-related drug overdose event or to the friends and family members of an at-risk individual.

(9) (10) "Licensing boards" means those boards charged with regulating an occupation, business or profession and on which the commissioner serves as a member;

(10) (11) "Local board of health", "local board" or "board" means a board of health serving one or more counties or one or more municipalities or a combination thereof;

(11) (12) "Local health department" means the staff of the local board of health;

(12) (13) "Local health officer" means the physician with a current West Virginia license to practice medicine who supervises and directs the activities, services, staff and facilities of the local health department and is appointed by the local board of health with approval by the commissioner;

(13) (14) "Municipal board of health" means one form of organization for a local board of health and means a board of health serving a single municipality;

(14) (15) "Performance-based standards" means generally accepted, objective standards such as rules or guidelines against which public health performance can be measured;

(15) (16) "Potential source of significant contamination" means a facility or activity that stores, uses or produces substances or compounds with potential for significant contaminating impact if released into the source water of a public water supply;

(16) (17) "Program plan" or "plan of operation" means the annual plan for each local board of health that must be submitted to the commissioner for approval;

(17) (18) "Public groundwater supply source" means a primary source of water supply for a public water system which is directly drawn from a well, underground stream, underground reservoir, underground mine or other primary source of water supplies which is found underneath the surface of the state;

(18) (19) "Public surface water supply source" means a primary source of water supply for a public water system which is directly drawn from rivers, streams, lakes, ponds, impoundments or other primary sources of water supplies which are found on the surface of the state;

(19) (20) "Public surface water influenced groundwater supply source" means a source of water supply for a public water system which is directly drawn from an underground well, underground river or stream, underground reservoir or underground mine, and the quantity and quality of the water in that underground supply source is heavily influenced, directly or indirectly, by the quantity and quality of surface water in the immediate area;

(20) (21) "Public water system" means:

(A) Any water supply or system which regularly supplies or offers to supply water for human consumption through pipes or other constructed conveyances, if serving at least an average of twenty-five individuals per day for at least sixty days per year, or which has at least fifteen service connections, and shall include:

(i) Any collection, treatment, storage and distribution facilities under the control of the owner or operator of the system and used primarily in connection with the system; and

(ii) Any collection or pretreatment storage facilities not under such control which are used primarily in connection with the system;

(B) A public water system does not include a system which meets all of the following conditions:

(i) Consists only of distribution and storage facilities and does not have any collection and treatment facilities;

(ii) Obtains all of its water from, but is not owned or operated by, a public water system which otherwise meets the definition;

(iii) Does not sell water to any person; and

(iv) Is not a carrier conveying passengers in interstate commerce;

(21) (22) "Public water utility" means a public water system which is regulated by the West Virginia Public Service Commission pursuant to the provisions of chapter twenty-four of this code;

(22) (23) "Secretary" means the secretary of the department.

(23) (24) "Service area" means the territorial jurisdiction of a local board of health;

(24) (25) "State Advisory Council on Public Health" means the advisory body charged by this article with providing advice to the commissioner with respect to the provision of adequate public health services for all areas in the state;

(25) (26) "State Board of Health" means the secretary, notwithstanding any other provision of this code to the contrary, whenever and wherever in this code there is a reference to the State Board of Health;

(26) (27) "Zone of critical concern" for a public surface water supply is a corridor along streams within a watershed that warrant more detailed scrutiny due to its proximity to the surface water intake and the intake's susceptibility to potential contaminants within that corridor. The zone of critical concern is determined using a mathematical model that accounts for stream flows, gradient and area topography. The length of the zone of critical concern is based on a five-hour time-of-travel of water in the streams to the water intake, plus an additional one-fourth mile below the water intake. The width of the zone of critical concern is one thousand feet measured horizontally from each bank of the principal stream and five hundred feet measured horizontally from each bank of the tributaries draining into the principal stream.


§16-1-4.  Proposal of rules by the secretary.


(a) The secretary may propose rules in accordance with the provisions of article three, chapter twenty-nine-a of this code that are necessary and proper to effectuate the purposes of this chapter. The secretary may appoint or designate advisory councils of professionals in the areas of hospitals, nursing homes, barbers and beauticians, postmortem examinations, mental health and intellectual disability centers and any other areas necessary to advise the secretary on rules.

(b) The rules may include, but are not limited to, the regulation of:

(1) Land usage endangering the public health: Provided, That no rules may be promulgated or enforced restricting the subdivision or development of any parcel of land within which the individual tracts, lots or parcels exceed two acres each in total surface area and which individual tracts, lots or parcels have an average frontage of not less than one hundred fifty feet even though the total surface area of the tract, lot or parcel equals or exceeds two acres in total surface area, and which tracts are sold, leased or utilized only as single-family dwelling units. Notwithstanding the provisions of this subsection, nothing in this section may be construed to abate the authority of the department to:

(A) Restrict the subdivision or development of a tract for any more intense or higher density occupancy than a single-family dwelling unit;

(B) Propose or enforce rules applicable to single-family dwelling units for single-family dwelling unit sanitary sewerage disposal systems; or

(C) Restrict any subdivision or development which might endanger the public health, the sanitary condition of streams or sources of water supply;

(2) The sanitary condition of all institutions and schools, whether public or private, public conveyances, dairies, slaughterhouses, workshops, factories, labor camps, all other places open to the general public and inviting public patronage or public assembly, or tendering to the public any item for human consumption and places where trades or industries are conducted;

(3) Occupational and industrial health hazards, the sanitary conditions of streams, sources of water supply, sewerage facilities and plumbing systems and the qualifications of personnel connected with any of those facilities, without regard to whether the supplies or systems are publicly or privately owned; and the design of all water systems, plumbing systems, sewerage systems, sewage treatment plants, excreta disposal methods and swimming pools in this state, whether publicly or privately owned;

(4) Safe drinking water, including:

(A) The maximum contaminant levels to which all public water systems must conform in order to prevent adverse effects on the health of individuals and, if appropriate, treatment techniques that reduce the contaminant or contaminants to a level which will not adversely affect the health of the consumer. The rule shall contain provisions to protect and prevent contamination of wellheads and well fields used by public water supplies so that contaminants do not reach a level that would adversely affect the health of the consumer;

(B) The minimum requirements for: Sampling and testing; system operation; public notification by a public water system on being granted a variance or exemption or upon failure to comply with specific requirements of this section and rules promulgated under this section; record keeping; laboratory certification; as well as procedures and conditions for granting variances and exemptions to public water systems from state public water systems rules; and

(C) The requirements covering the production and distribution of bottled drinking water and may establish requirements governing the taste, odor, appearance and other consumer acceptability parameters of drinking water;

(5) Food and drug standards, including cleanliness, proscription of additives, proscription of sale and other requirements in accordance with article seven of this chapter as are necessary to protect the health of the citizens of this state;

(6) The training and examination requirements for emergency medical service attendants and emergency medical care technician-paramedics; the designation of the health care facilities, health care services and the industries and occupations in the state that must have emergency medical service attendants and emergency medical care technician-paramedics employed and the availability, communications and equipment requirements with respect to emergency medical service attendants and to emergency medical care technician-paramedics. Any regulation of emergency medical service attendants and emergency medical care technician- paramedics may not exceed the provisions of article four-c of this chapter;

(7) The health and sanitary conditions of establishments commonly referred to as bed and breakfast inns. For purposes of this article, “bed and breakfast inn” means an establishment providing sleeping accommodations and, at a minimum, a breakfast for a fee. The secretary may not require an owner of a bed and breakfast providing sleeping accommodations of six or fewer rooms to install a restaurant-style or commercial food service facility. The secretary may not require an owner of a bed and breakfast providing sleeping accommodations of more than six rooms to install a restaurant-type or commercial food service facility if the entire bed and breakfast inn or those rooms numbering above six are used on an aggregate of two weeks or less per year;

(8) Fees for services provided by the Bureau for Public Health including, but not limited to, laboratory service fees, environmental health service fees, health facility fees and permit fees;

(9) The collection of data on health status, the health system and the costs of health care;

(10) The prevention and treatment of substance use disorder necessary to implement the duties of the Office of Drug Control Policy authorized by section twenty of this article; and 

(11) Clean syringe exchange programs operated by local boards of health pursuant to section twenty of this article, including standards, practices and operational requirements. A local board of health, including the local health officer, operating a clean syringe exchange program in compliance with a legislative rule promulgated in accordance with this subdivision is immune from any civil or criminal liability arising out of any act or omission resulting from the clean syringe exchange program unless the act or omission was the result of gross negligence or willful misconduct. The Legislature finds that for the purposes of section fifteen, article three, chapter twenty-nine-a of this code, an emergency exists requiring the promulgation of an emergency rule to preserve the public peace, health, safety or welfare and to prevent substantial harm to the public interest.

(c) The secretary shall propose a rule for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code for the distribution of state aid to local health departments and basic public health services funds.

The rule shall include the following provisions:

Base allocation amount for each county;

Establishment and administration of an emergency fund of no more than two percent of the total annual funds of which unused amounts are to be distributed back to local boards of health at the end of each fiscal year;

A calculation of funds utilized for state support of local health departments;

Distribution of remaining funds on a per capita weighted population approach which factors coefficients for poverty, health status, population density and health department interventions for each county and a coefficient which encourages counties to merge in the provision of public health services;

A hold-harmless provision to provide that each local health department receives no less in state support for a period of four years beginning in the 2009 budget year.

The Legislature finds that an emergency exists and, therefore, the secretary shall file an emergency rule to implement the provisions of this section pursuant to the provisions of section fifteen, article three, chapter twenty-nine-a of this code. The emergency rule is subject to the prior approval of the Legislative Oversight Commission on Health and Human Resources Accountability prior to filing with the Secretary of State.

 (d) The secretary may propose rules for legislative approval that may include the regulation of other health-related matters which the department is authorized to supervise and for which the rule-making authority has not been otherwise assigned.

Article 1D. Substance use disorder Prevention.

§16-1D-1. Office of Drug Control Policy.


(a) The Office of Drug Control Policy is hereby created within the Department of Health and Human Resources under the direction of the secretary and supervision of the State Health Officer.

(b) The Office of Drug Policy shall coordinate, with bureaus of the department and other state agencies, in all matters relating to the research, execution of drug control policy, and for the management of state and federal grants, including, but not limited to, the prevention and treatment related to substance use disorder. This oversight shall extend to all substance use disorder programs which are principally related to the prevention or treatment, or otherwise targeted at the reduction, of substance use disorder in the state.

(c) The Office of Drug Control Policy shall:

(1) Develop a strategic plan to reduce the prevalence of drug and alcohol abuse and smoking among both the youth and adult populations in West Virginia;

(2) Monitor the data and issues related to youth alcohol and tobacco access, substance use disorder policies, and smoking cessation and prevention and their impact on state and local programs, and their flexibility to adapt to the needs of local communities and service providers;

(3) Make policy recommendations to be followed to the extent permitted by budgetary restrictions and federal law, by executive branch agencies that work with alcohol and substance use disorder issues and smoking cessation and prevention to ensure the greatest efficiency in agencies and to ensure that a consistency in philosophy will be applied to all efforts undertaken by the administration in initiatives related to alcohol and substance use disorder, and smoking cessation and prevention;

(4) Identify existing resources and prevention activities in each community that advocate or implement emerging best practice and evidence-based programs for the full substance use disorder continuum of drug and alcohol abuse education and prevention, including smoking cessation or prevention, early intervention, treatment and recovery;

(5) Encourage coordination among public and private, state and local, agencies, organizations and service providers and monitor related programs;

(6) Act as the referral source of information, utilizing existing information clearinghouse resources within the Department for Health and Human Resources, relating to emerging best practice and evidence-based substance use disorder prevention, cessation, treatment and recovery programs, and youth tobacco access, smoking cessation and prevention. The Office of Drug Control Policy will identify gaps in information referral sources;

(7) Search for grant opportunities for existing programs within the state;

(8) Make recommendations to state and local agencies and local substance use disorder and tobacco addiction advisory and coordination boards;

(9) Observe programs from other states;

(10) Coordinate services among local and state agencies, including, but not limited to, the Secretary of Health and Human Resources, the Department of Military Affairs and Public Safety, the Department of Agriculture, the Department of Education, and the Administrative Office of the Courts;

(11) Assure the availability of training, technical assistance and consultation to local service providers for programs funded by the state that provide services related to alcohol, substance use disorder, tobacco addiction, smoking cessation or prevention;

(12) Review existing research on programs related to substance use disorder, prevention and treatment, smoking cessation and prevention;

(13) Comply with any federal mandate regarding substance use disorder, smoking cessation and prevention, to the extent authorized by state law;

(14) Establish a mechanism to coordinate the distribution of funds to support any local prevention, treatment and education program based on the strategic plan developed by the office that could encourage smoking cessation and prevention through efficient, effective, and research-based strategies;

(15) Oversee a school-based initiative that links schools with community-based agencies and health departments to implement school-based antidrug and antitobacco programs;

(16) Work with community-based organizations to encourage them to work together to establish comprehensive substance use disorder and prevention tobacco addiction education programs and carry out the strategic plan developed in this section. These organizations shall be encouraged to partner with local health departments and community mental health centers to plan and implement interventions to reach youths before substance use disorder and tobacco addiction become a problem in their lives;

(17) Coordinate media campaigns designed to demonstrate the negative impact of substance use disorder, smoking and the increased risk of tobacco addiction and the development of other disease in children, young people and adults;

(18) Review Drug Enforcement Agency (DEA) scheduling of controlled drugs and recommend changes that should be made based on data analysis.

(19) Propose, with the approval of the Secretary of the Department of Health and Human Resources, any legislative rules necessary to implement the provisions of this section; and

(20) Report annually to the Legislature and Governor regarding the proper organization of state government agencies that will provide the greatest coordination of services and report semiannually to the Legislature and Governor on the status of the Office of Drug Control Policy, and Department of Health and Human Resources programs, services and grants, and on other matters as requested by the Legislature and Governor.

(d) The Office of Drug Control Policy shall promote the implementation of research-based strategies that target the state’s youth and adult populations.

§16-1D-2.  Harm Reduction Programs.


(a) Persons, including local boards of health, who propose to establish or maintain programs that provide services intended to lessen the adverse consequences of drug use and protect public health, also known as harm reduction programs, must be approved and certified by the commissioner.

(b) The commissioner shall propose, with the approval of the secretary, legislative rules in accordance with the provisions of article three, chapter twenty-nine-a of this code that are necessary and proper to effectuate the purposes of this section.

(c) Each proposed harm reduction program shall, at a minimum, have the ability to:

(1) Provide an injection drug user with the information and the means to protect himself or herself, his or her partner, and his or her family from exposure to blood-borne disease through access to education, sterile injection equipment, voluntary testing for blood-borne diseases and counseling;

(2) Services related to provision of education and materials for administration of Naloxone, and the reduction of sexual risk behaviors, including, but not limited to, the distribution of condoms;

(3) Provide thorough referrals to facilitate entry into drug abuse treatment, including opioid substitution therapy;

(4) Provide HIV or hepatitis screening, Hepatitis A and Hepatitis B vaccination and screening for sexually transmitted infections;

(5) Provide family planning services or referrals to family planning services;

(6) Encourage usage of medical care and mental health services as well as social welfare and health promotion;

(7) Provide safety protocols and classes for the proper handling and disposal of injection materials;

(8) Plan and implement the clean syringe exchange program with the clear objective of reducing the transmission of blood-borne diseases within a specific geographic area;

(9) Develop a timeline for the proposed program and for the development of policies and procedures; and

(10) Develop an education program that encourages participants to always disclose their possession of hypodermic needles or syringes to peace officers or emergency medical technicians, paramedics or other first responders prior to a search.

(d) Prior to approving and certifying any such program, the commissioner shall require any person who proposes to establish or maintain a harm reduction program to consult with interested stakeholders concerning the establishment of the program. Interested stakeholders shall include, but need not be limited to, local law-enforcement agencies, prosecuting attorneys, substance abuse treatment providers, persons in recovery, nonprofit organizations, hepatitis C, HIV advocacy organizations and members of the community. The board and interested stakeholders shall consider, at a minimum, the following issues:

(1) The scope of the problem being addressed and the population the program would serve;

(2) Concerns of the law enforcement community; and

(3) The parameters of the proposed program, including methods for identifying program workers and volunteers.

(e) A person operating a harm reduction program in compliance with a legislative rule promulgated in accordance with this section is immune from any civil or criminal liability arising out of any act or omission resulting from the harm reduction program unless the act or omission was the result of gross negligence or willful misconduct.

(f) The Legislature finds that for the purposes of section fifteen, article three, chapter twenty-nine-a of this code, an emergency exists requiring the promulgation of an emergency rule to preserve the public peace, health, safety or welfare and to prevent substantial harm to the public interest.

§16-1D-3. Study of prescribing and treatment of persons suffering a fatal or nonfatal opiate overdoses.


(a) The State Health Officer shall conduct or provide for an examination of the prescribing and treatment history, including court-ordered treatment or treatment within the criminal justice system, of persons in the state who suffered fatal or nonfatal opiate overdoses in calendar years 2013 to 2015, inclusive. Any report or supplemental reports resulting from this examination shall provide any data in an aggregate and de-identified format.

(b) Notwithstanding any other provision of this code to the contrary, to facilitate the examination, the State Health Officer may request, and the relevant offices and agencies shall provide, information necessary to complete the examination from the Department of Health and Human Resources, the Department of Military Affairs and Public Safety, the Department of Administration, the Administrator of Courts, which may include, but not limited to: Data from the prescription drug monitoring program; the all-payer claims database; the criminal offender record information database; and the court activity record information. Not later than one year from the effective date of this section, the State Health Officer shall publish a report on the findings of the examination including, but not limited to:

(1) Instances of multiple provider episodes, meaning a single patient having access to opiate prescriptions from more than one provider;

(2) Instances of poly-substance access, meaning a patient having simultaneous prescriptions for an opiate and a benzodiazepine or for an opiate and another drug which may enhance the effects or the risks of drug abuse or overdose;

(3) The overall opiate prescription history of the individuals, including whether the individuals had access to legal prescriptions for opiate drugs at the time of their deaths;

(4)  Whether the individuals had previously undergone voluntary or involuntary treatment for substance addiction or behavioral health;

(5) Whether the individuals had attempted to enter but were denied access to treatment for substance addiction or behavioral health;

(6) Whether the individuals had received past treatment for a substance overdose;

(7) Whether any individuals had been previously detained or incarcerated and, if so, whether the individuals had received treatment during the detention or incarceration.

(b) The report shall be filed with the President of the Senate, the Speaker of the House of Delegates and the Governor. The State Health Officer may publish supplemental reports on the trends identified through its examination.

(c) Notwithstanding any provision of this code to the contrary, the State Health Officer may contract with a nonprofit or educational entity to conduct data analytics on the data set generated in the examination, provided that the State Health Officer implements appropriate privacy safeguards.

§16-1D-4. Development of acute pain treatment guidelines.


(a) The State Health Officer, in conjunction with the Office of Drug Policy, may develop guidelines for prescribing opioids for acute pain.

(b) Guidelines developed pursuant to this section are intended to improve communication between West Virginia health care providers and their patients about the risks and benefits of opioid therapy for acute pain, improve the safety and effectiveness of pain treatment, and reduce the risks associated with long-term opioid therapy, including opioid use disorder and overdose.  The guidelines shall include recommendations for the use of opioids for management of pain that are intended to balance the benefits of use against the risks to the individual and society, and to be useful to practitioners.

(c) Guidelines developed pursuant to this section are not intended for patients who are in active cancer treatment, palliative care, or end-of-life care.

§16-1D-5. Pilot projects for prevention and treatment services for low-income, pregnant substance abusers.


(a) The Secretary of the Department of Health and Human Resources may, through grants contracted with community based agencies, plan, establish and administer pilot projects to develop effective and efficient prevention and treatment services for low-income, pregnant substance abusers. Each of the pilot projects should, to the extent possible within available funding, provide the following:

(1) Public information programs culturally appropriate to the target populations, such information programs to include brochures, public service announcements and other creative and effective means of communication;

(2) Community outreach, interagency liaison, interagency referral mechanisms and specialized training for maternal and child health providers;

(3) Residential beds dedicated exclusively for rehabilitation of low income, pregnant substance abusers;

(4) Intensive, outpatient slots dedicated exclusively for treatment of low income, pregnant substance abusers;

(5) Family intervention services throughout the term of the pregnancy and during a period of postpartum follow-up;

(6) Specialized support services needed to ensure effectiveness of rehabilitation and treatment, including, but not necessarily limited to, transportation services and day care;

(7) Enhanced physician oversight of treatment modalities, to be provided at a level prescribed by the Secretary; and

(8) Documentation and recordkeeping sufficient to enable the secretary to objectively and systematically evaluate the effectiveness and efficiency of the various components of the pilot projects.

(b) The secretary may utilize funding from the federal government, as well as other public and private funding sources for substance use disorder prevention and treatment programs. Implementation of the pilot projects shall be limited to the level of funding and resources obtained and provided for that purpose.

§16-1D-6. Prioritizing pregnant women for substance use disorder referrals.


(a) A pregnant woman referred for drug abuse or drug dependence treatment at any treatment resource that receives public funding shall be a priority user of available treatment.

(b) All records and reports regarding such pregnant woman shall be kept confidential.

(c) The Department of Health and Human Resources, Bureau for Behavioral Health and Health Facilities shall ensure that family-oriented drug abuse or drug dependence treatment is available, as appropriations allow.

(d) A treatment resource that receives public funds may not refuse to treat a person solely because the person is pregnant as long as appropriate services are offered by the treatment resource.

§16-1D-7. Establishment of a duty for health care providers encourage counseling and treatment.


If during prenatal care, an attending obstetrical health care provider determines that a patient has used prescription drugs which may place the fetus in jeopardy, and drug abuse or drug dependence treatment is indicated, the provider shall encourage counseling, drug abuse or drug dependence treatment and other assistance to the patient.

§16-1D-8. Initiation of treatment provides immunity against petitions for parental termination.


If a pregnant woman initiates drug abuse or drug dependence treatment based upon a clinical assessment prior to her next regularly scheduled prenatal visit and maintains compliance with both drug abuse or drug dependence treatment based on a clinical assessment as well as prenatal care throughout the remaining term of the pregnancy, then neither the Secretary of the Department of Health and Human Resources nor a prosecuting attorney may file any petition to terminate the mother's parental rights or otherwise seek protection of the newborn solely because of the patient's use of prescription drugs for nonmedical purposes during the term of her pregnancy: Provided, That nothing may prevent the Bureau for Children and Families from filing a petition to terminate the mother's parental rights or seek protection of the newborn should the secretary determine that the newborn's mother, or any other adult caring for the newborn, is unfit to properly care for such child.

§16-1D-9. Unused prescription drug disposal program.


The Secretary of the Department of Health and Human Resources shall establish and maintain a statewide unused prescription drug disposal program to provide for the safe disposal of state residents’ unused and unwanted prescription drugs. The program may include establishing secure collection and disposal sites and providing medication envelopes for sending unused prescription drugs to an authorized collection facility for destruction.

ARTICLE 1E. WEST VIRGINIA POISON CENTER.

§16-1E-1. Intent.


The Legislature hereby finds that the current level of scientific information regarding the chemicals, hazardous and noxious substances, biochemical agents, toxic household products and various combinations of them that lead to human poisoning with the added risks associated with criminal activity and clandestine terrorism involving toxic materials and agents requires the immediate availability of accurate information, resources and services to assess toxic threats to the public, prevent human poisoning and assist the general public, the police, firefighters, public health officials, emergency service workers, health care providers and other first responding emergency personnel.

It is the intent of the Legislature that poison control services be provided throughout the state on a consistent and prompt basis by any and all electronic means as well as by a toll free telephone network in order that illness or death that may result from the exposure of an individual to poisonous substances may be avoided.

The Legislature further finds that effective poison control, not only saves lives and protects the public welfare but also reduces emergency medical costs and is considered an essential emergency service.

§16-1E-2. West Virginia Poison Center continued.


(a) The West Virginia Poison Center (hereinafter referred to as "the Center") is hereby continued as a Division of the Office of Drug Control Policy under the supervision and direction of the State Health Officer.

(b) The Center shall be certified by the American Association of Poison Control Centers and remain in good standing with that organization; and

(c) The Center shall employee a board certified toxicologist.

§16-1E-3. Advisory Board.


(a) There is hereby created the West Virginia Poison Center Advisory Board (hereinafter referred to as the board). The board shall be composed of seven members. The members include: the Secretary of the Department of Military Affairs and Public Safety or his or her designee; the State Health Officer or his or her designee; the Associate Vice President of West Virginia University, Health Sciences Center, West Virginia University, Charleston, West Virginia, who shall be chairman of the board; the President of the West Virginia Hospital Association or his or her designee; two members appointed by the State Health Officer who shall represent professional health care organizations in this state with extensive experience in public health education, research or administration; and one member appointed by the State Health Officer to represent the general public. All appointed members shall serve terms of four years and may be reappointed. Appointed members of the advisory board shall serve without compensation, but may be reimbursed for any necessary and reasonable expenses incurred in attending meetings on the same basis as members of the Legislature are reimbursed for expenses.

(b) The board shall provide advice and assistance to the center in providing services as set forth in this article. The board shall meet not less than two times each year on the call of the chair. Not later than July 1 of each year, the board shall prepare an annual report for the calendar year for submission to the Governor and the Legislature. The report shall include an analysis of the activities of the Center and any recommendations for improvement the board may deem necessary or appropriate.

§16-1E-4. Center responsibilities.


The center shall provide:

(1) Twenty-four hour, seven days a week emergency telephone management and treatment referral of victims of poisoning to include determining whether treatment can be accomplished at the scene of the incident or transport to an emergency treatment or other facility is required and carrying out telephone follow-up to families and other individuals to assure that adequate care is provided;

(2) Emergency telephone treatment recommendations for all types of poisonings, chemical exposures, drug overdoses and exposure to weapons of mass destruction. This information shall be provided to medical and nonmedical providers;

(3) Telephone follow-up for hospitalized and nonhospitalized patients to assess progress and recommend additional treatment as necessary;

(4) Surveillance of human poison exposures. This includes those related chemicals, drugs, biologicals and weapons of mass destruction;

(5) Community education in poison prevention; and

(6) Education in the recognition and management of poisonings for health care providers.

§16-1E-5 Maintenance and reporting of data.


(a) The center shall document poison prevention and control cases using nationally recognized standards for data elements and documenting.

(b) The center shall maintain, at a minimum, the following data:

(1) Data regarding the incidence of both human exposure to poison and other cases handled;

(2) The incidence of each reason for exposure in accordance with nationally recognized standards for data elements and documenting procedures;

(3) The percentage of accidental exposure cases managed over the telephone as compared to the percentage referred for medical treatment; and

(4) The percentage of intentional exposure cases managed over the telephone as compared to the percentage referred for medical, psychiatric or other treatment or management.

§16-1E-6. Immunity of center and staff.


Employees of the center may not be deemed to be a member of any patient treatment team, or acting in concert with any responsible treating entity, including emergency personnel, hospital or clinic employees, or private medical practitioners of any health care treatment team.

Employees of the center are immune from any and all liability arising from the good faith provision of services provided under the provisions of this article. The immunity granted by this section is in addition to any other immunity now existing or granted under any other provision of this code or by common law.

ARTICLE 2. LOCAL BOARDS OF HEALTH.


§16-2-2. Definitions.

Unless the context in which used clearly requires a different meaning, as used in this article:

(a) "Basic public health services" means those services that are necessary to protect the health of the public and that a local board of health must provide. The three areas of basic public health services are communicable and reportable disease prevention and control including, services and policies that lessen the adverse consequences of drug use and protect public health, community health promotion, and environmental health protection;

(b) "Bureau" means the Bureau for Public Health in the Department of Health and Human Resources;

(c) "Clinical and categorical programs" means those services provided to individuals of specified populations and usually focus on health promotion or disease prevention. These services are not considered comprehensive health care but focus on specific health issues such as breast and cervical cancer, prenatal and pediatric health services and home health services;

(d) "Combined local board of health" is one form of organization for a local board of health and means a board of health serving any two or more counties or any county or counties and one or more municipalities within or partially within the county or counties;

(e) "Commissioner" means the Commissioner of the Bureau for Public Health, who is the state health officer;

(f) "Communicable and reportable disease prevention and control" is one of three areas of basic public health services each local board of health must offer. Services shall include disease surveillance, case investigation and follow-up, outbreak investigation, response to epidemics, and prevention and control of rabies, sexually transmitted diseases, vaccine preventable diseases, HIV/AIDS, tuberculosis and other communicable and reportable diseases;

(g) "Community health promotion" is one of three areas of basic public health services each local board of health must offer. Services shall include assessing and reporting community health needs to improve health status, facilitating community partnerships including identifying the community's priority health needs, mobilization of a community around identified priorities, and monitoring the progress of community health education services;

(h) "County board of health" is one form of organization for a local board of health and means a local board of health serving a single county;

(i) "Department" means the West Virginia Department of Health and Human Resources;

(j) "Director" or "director of health" means the state health officer. Administratively within the department, the Bureau for Public Health through its commissioner carries out the public health function of the department, unless otherwise assigned by the secretary;

(k) "Environmental health protection" is one of three areas of basic public health services each local board of health must offer. Services shall include efforts to protect the community from environmental health risks including, inspection of housing, institutions, recreational facilities, sewage and wastewater facilities; inspection and sampling of drinking water facilities; and response to disease outbreaks or disasters;

(l) "Enhanced public health services" means services that focus on health promotion activities to address a major health problem in a community, are targeted to a particular population and assist individuals in this population to access the health care system, such as lead and radon abatement for indoor air quality and positive pregnancy tracking. Enhanced public health services are services a local health department may offer;

(m) “Harm reduction” means a program that provides services, including syringe exchange programs, medical care, counseling and the coordination of homeless services or drug treatment, to individuals at risk of experiencing an opiate-related drug overdose event or to the friends and family members of an at-risk individual.

(m) (n) "Local board of health," "local board" or "board" means a board of health serving one or more counties or one or more municipalities or a combination thereof;

(n) (o) "Local health department" means the staff of the local board of health;

(o) (p) "Local health officer" means the individual physician with a current West Virginia license to practice medicine who supervises and directs the activities of the local health department services, staff and facilities and is appointed by the local board of health with approval by the commissioner;

(p) (q) "Municipal board of health" is one form of organization for a local board of health and means a board of health serving a single municipality;

(q) (r) "Performance-based standards" means generally accepted, objective standards such as rules or guidelines against which a local health department's level of performance can be measured;

(r) (s) "Primary care services" means health care services, including medical care, that emphasize first contact patient care and assume overall and ongoing responsibility for the patient in health maintenance and treatment of disease. Primary care services are services that local boards of health may offer if the board has determined that an unmet need for primary care services exists in its service area. Basic public health services funding may not be used to support these services;

(s) (t) "Program plan" or "plan of operation" means the annual plan for each local board of health that must be submitted to the commissioner for approval;

(t) (u) "Secretary" means the Secretary of the State Department of Health and Human Resources; and

(u) (v) "Service area" means the territorial jurisdiction of the local board of health.


§16-2-11. Local board of health; powers and duties.


(a) Each local board of health created, established and operated pursuant to the provisions of this article shall:

(1) Provide the following basic public health services and programs in accordance with state public health performance-based standards:

(i) Community health promotion including assessing and reporting community health needs to improve health status, facilitating community partnerships including identifying the community's priority health needs, mobilization of a community around identified priorities and monitoring the progress of community health education services;

(ii) Environmental health protection including the promoting and maintaining of clean and safe air, water, food and facilities and the administering of public health laws as specified by the commissioner as to general sanitation, the sanitation of public drinking water, sewage and wastewater, food and milk, and the sanitation of housing, institutions and recreation; and

(iii) Communicable or reportable disease prevention and control including disease surveillance, case investigation and follow-up, outbreak investigation, response to epidemics, and prevention and control of rabies, sexually transmitted diseases, drug use harm reduction, vaccine preventable diseases, HIV/AIDS, tuberculosis and other communicable and reportable diseases;

(2) Appoint a local health officer to serve at the will and pleasure of the local board of health with approval of the commissioner;

(3) Submit a general plan of operation to the commissioner for approval, if it receives any state or federal money for health purposes. This program plan shall be submitted annually and comply with provisions of the local board of health standards administrative rule;

(4) Provide equipment and facilities for the local health department that are in compliance with federal and state law;

(5) Permit the commissioner to act by and through it, as needed. The commissioner may enforce all public health laws of this state, the rules and orders of the secretary, any county commission orders or municipal ordinances of the board's service area relating to public health, and the rules and orders of the local board within the service area of a local board. The commissioner may enforce these laws, rules and orders when, in the opinion of the commissioner, a public health emergency exists or when the local board fails or refuses to enforce public health laws and rules necessary to prevent and control the spread of a communicable or reportable disease dangerous to the public health. The expenses incurred shall be charged against the counties or municipalities concerned;

(6) Deposit all moneys and collected fees into an account designated for local board of health purposes. The moneys for a municipal board of health shall be deposited with the municipal treasury in the service area. The moneys for a county board of health shall be deposited with the county treasury in the service area. The moneys for a combined local board of health shall be deposited in an account as designated in the plan of combination: Provided, That nothing contained in this subsection is intended to conflict with the provisions of article one, chapter sixteen of this code;

(7) Submit vouchers or other instruments approved by the board and signed by the local health officer or designated representative to the county or municipal treasurer for payment of necessary and reasonable expenditures from the county or municipal public health funds: Provided, That a combined local board of health shall draw upon its public health funds account in the manner designated in the plan of combination;

(8) Participate in audits, be in compliance with tax procedures required by the state and annually develop a budget for the next fiscal year;

(9) Perform public health duties assigned by order of a county commission or by municipal ordinance consistent with state public health laws; and

(10) Enforce the public health laws of this state and any other laws of this state applicable to the local board.

(b) Each local board of health created, established and operated pursuant to the provisions of this article may:

(1) Provide primary care services, clinical and categorical programs, and enhanced public health services;

(2) Employ or contract with any technical, administrative, clerical or other persons, to serve as needed and at the will and pleasure of the local board of health. Staff and any contractors providing services to the board shall comply with applicable West Virginia certification and licensure requirements. Eligible staff employed by the board shall be covered by the rules of the Division of Personnel under section six, article ten, chapter twenty-nine of this code. However, any local board of health may, in the alternative and with the consent and approval of the appointing authority, establish and adopt a merit system for its eligible employees. The merit system may be similar to the state merit system and may be established by the local board by its order, subject to the approval of the appointing authority, adopting and making applicable to the local health department all, or any portion of any order, rule, standard, or compensation rate in effect in the state merit system as may be desired and as is properly applicable;

(3) Adopt and promulgate and from time to time amend rules consistent with state public health laws and the rules of the West Virginia State Department of Health and Human Resources, that are necessary and proper for the protection of the general health of the service area and the prevention of the introduction, propagation and spread of disease. All rules shall be filed with the clerk of the county commission or the clerk or the recorder of the municipality or both and shall be kept by the clerk or recording officer in a separate book as public records;

(4) Accept, receive and receipt for money or property from any federal, state or local governmental agency, from any other public source or from any private source, to be used for public health purposes or for the establishment or construction of public health facilities;

(5) Assess, charge and collect fees for permits and licenses for the provision of public health services: Provided, That permits and licenses required for agricultural activities may not be assessed, charged or collected: Provided, however, That a local board of health may assess, charge and collect all of the expenses of inspection of the physical plant and facilities of any distributor, producer or pasteurizer of milk whose milk distribution, production or pasteurization facilities are located outside this state but who sells or distributes in the state, or transports, causes or permits to be transported into this state, milk or milk products for resale, use or consumption in the state and in the service area of the local board of health. A local board of health may not assess, charge and collect the expenses of inspection if the physical plant and facilities are regularly inspected by another agency of this state or its governmental subdivisions or by an agency of another state or its governmental subdivisions certified as an approved inspection agency by the commissioner. No more than one local board of health may act as the regular inspection agency of the physical plant and facilities; when two or more include an inspection of the physical plant and facilities in a regular schedule, the commissioner shall designate one as the regular inspection agency;

(6) Assess, charge and collect fees for services provided by the local health department: Provided, That fees for services shall be submitted to and approved by the commissioner: Provided, however, That a local health department may bill health care service fees to a payor which includes, but is not limited to, Medicaid, a Medicaid Managed Care Organization and the Public Employees Insurance Agency for medical services provided: Provided further, That health care service fees billed by a local health department are not subject to commissioner approval and may be at the payor’s maximum allowable rate.

(7) Contract for payment with any municipality, county or board of education for the provision of local health services or for the use of public health facilities. Any contract shall be in writing and permit provision of services or use of facilities for a period not to exceed one fiscal year. The written contract may include provisions for annual renewal by agreement of the parties; and

(8) Retain and make available child safety car seats, collect rental and security deposit fees for the expenses of retaining and making available child safety car seats, and conduct public education activities concerning the use and preventing the misuse of child safety car seats: Provided, That this subsection is not intended to conflict with the provisions of section forty-six, article fifteen, chapter seventeen-c of this code: Provided, however, That any local board of health offering a child safety car seat program or employee or agent of a local board of health is immune from civil or criminal liability in any action relating to the improper use, malfunction or inadequate maintenance of the child safety car seat and in any action relating to the improper placement, maintenance or securing of a child in a child safety car seat.

(c) The local boards of health are charged with protecting the health and safety, as well as promoting the interests of the citizens of West Virginia. All state funds appropriated by the Legislature for the benefit of local boards of health shall be used for provision of basic public health services.

CHAPTER 18. EDUCATION.

ARTICLE 2. STATE BOARD OF EDUCATION.

§18-2-41. Department of Education and the Bureau for Public Health to develop a comprehensive health education curriculum.


(a) Notwithstanding any provision of this code to the contrary, the West Virginia Department of Education and the West Virginia Bureau for Public Health shall cooperate in the development of a comprehensive health education curriculum for students enrolled in grades kindergarten through twelve.

(b) The state board may adopt the comprehensive health education curriculum developed by the department of education and the bureau for public health pursuant to subsection (a) for grades kindergarten through twelve.

(c) For the purpose of this section, "comprehensive health education" means health education in a school setting that is planned and carried out with the purpose of maintaining, reinforcing, or enhancing the health, health-related skills, and health attitudes and practices of children and youth that are conducive to their good health and that promote wellness, health maintenance, disease and substance use disorder prevention, and that includes, but is not limited to, community health, consumer health, environmental health, growth and development, nutritional health, personal health, prevention and control of diseases and disorders, safety and accident prevention, substance use and abuse, dental health, mental and emotional health.

CHAPTER 21A. UNEMPLOYMENT COMPENSATION.

ARTICLE 1. UNEMPLOYMENT COMPENSATION.

§21A-1-9. Creation of liaison to coordinate employment services for persons currently seeking substance use disorder treatment.


(a) The Executive Director of Work Force West Virginia shall create a liaison position to facilitate coordination between Workforce West Virginia, the Department of Health and Human Resources, Bureau for Behavioral Health and Health Facilities, and drug treatment providers to coordinate employment services for persons currently seeking substance use disorder treatment.

(b) The Executive Director of work Force West Virginia, in coordination with the Department of Health and Human Resources, and drug treatment providers shall develop a pilot project to foster collaboration between employers and organizations providing substance use disorder treatment, mental health and social services, literacy and job training, work experience and placement services utilizing:

(1) Screening and assessment for employment, treatment and mental health;

(2) Individual plan for recovery and employment;

(3) A case manager to monitor progress in recovery and employment;

(4) Job seeking, job retention and job promotion activities, including orientation to work, on-the-job experiences, job clubs, a work portfolio and job development;

(5) Life skills development, including time, stress and money management, communication, appearance and grooming;

(6) Literacy and vocational services; and

(7) Counseling sessions focusing on both recovery and employability.

CHAPTER 60A. UNIFORM CONTROLLED SUBSTANCES ACT.

ARTICLE 4. OFFENSES AND PENALTIES.

§60A-4-414. Protection of law-enforcement and first responders from needlestick injuries.


(a) Prior to searching a person, a person's premises, or a person's vehicle, a law-enforcement officer may ask the person whether the person is in possession of a hypodermic needle or syringe that may cut or puncture the officer or whether such a hypodermic needle or syringe is on the premises or in the vehicle to be searched. If a hypodermic needle or syringe is on the person, on the person's premises, or in the person's vehicle and the person, either in response to the officer's question or voluntarily, alerts the officer of that fact prior to the search, assessment, or treatment, the peace officer may not arrest or cite the person for any minuscule, residual controlled substance that may be present in a used hypodermic needle or syringe, and the prosecuting attorney may not charge or prosecute the person for any minuscule, residual controlled substance that may be present in a used hypodermic needle or syringe.

(b) Prior to assessing or treating a person, an emergency medical technician or other first responder may ask the person whether the person is in possession of a hypodermic needle or syringe that may cut or puncture the technician or first responder. If a hypodermic needle or syringe is on the person, and the person, either in response to the question or voluntarily, alerts the technician or first responder of that fact, a law-enforcement officer may not arrest or cite the person for any minuscule, residual controlled substance that may be present in a used hypodermic needle or syringe and the prosecuting attorney may not charge or prosecute the person for any minuscule, residual controlled substance that may be present in a used hypodermic needle or syringe.

ARTICLE 9. CONTROLLED SUBSTANCES MONITORING.


§60A-9-3. Reporting system requirements; implementation; central repository requirement.

(a) The Board of Pharmacy Office of Drug Control Policy 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 Office of Drug Control Policy 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 board office shall allow reporting of the required information by electronic data transfer where feasible, and where not feasible, on reporting forms promulgated by the board. The information required to be submitted by the provisions of this article shall be required to be filed no more frequently than within twenty-four hours.

(c) (1) The board office 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 record-keeping 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 board 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.

§60A-9-4. Required information.


(a) Whenever a medical services provider dispenses a controlled substance listed in Schedule II, III or IV as established under the provisions of article two of this chapter or an opioid antagonist, or whenever a prescription for the controlled substance or opioid antagonist is filled by: (i) A pharmacist or pharmacy in this state; (ii) a hospital, or other health care facility, for out-patient use; or (iii) a pharmacy or pharmacist licensed by the Board of Pharmacy, but situated outside this state for delivery to a person residing in this state, the medical services provider, health care facility, pharmacist or pharmacy shall, in a manner prescribed by rules promulgated by the board under this article, report the following information, as applicable:

(1) The name, address, pharmacy prescription number and Drug Enforcement Administration controlled substance registration number of the dispensing pharmacy or the dispensing physician or dentist;

(2) The full legal name, address and birth date of the person for whom the prescription is written;

(3) The name, address and Drug Enforcement Administration controlled substances registration number of the practitioner writing the prescription;

(4) The name and national drug code number of the Schedule II, III and IV controlled substance or opioid antagonist dispensed;

(5) The quantity and dosage of the Schedule II, III and IV controlled substance or opioid antagonist dispensed;

(6) The date the prescription was written and the date filled;

(7) The number of refills, if any, authorized by the prescription;

(8) If the prescription being dispensed is being picked up by someone other than the patient on behalf of the patient, the first name, last name and middle initial, address and birth date of the person picking up the prescription as set forth on the person's government-issued photo identification card shall be retained in either print or electronic form until such time as otherwise directed by rule promulgated by the board; and

(9) The source of payment for the controlled substance dispensed.

(b) The board Office of Drug Control Policy may prescribe by rule promulgated under this article the form to be used in prescribing a Schedule II, III, and IV substance or opioid antagonist if, in the determination of the board office, the administration of the requirements of this section would be facilitated.

(c) Products regulated by the provisions of article ten of this chapter shall be subject to reporting pursuant to the provisions of this article to the extent set forth in said article.

(d) Reporting required by this section is not required for a drug administered directly to a patient by a practitioner. Reporting is, however, required by this section for a drug dispensed to a patient by a practitioner: Provided, That the quantity dispensed by a prescribing practitioner to his or her own patient may not exceed an amount adequate to treat the patient for a maximum of seventy-two hours with no greater than two seventy-two-hour cycles dispensed in any fifteen-day period of time.

(e) The Board of Pharmacy shall notify a physician prescribing buprenorphine or buprenorphine/naloxone within sixty days of the availability of an abuse deterrent form of buprenorphine or buprenorphine/naloxone is approved by the Food and Drug Administration as provided in FDA Guidance to Industry. Upon receipt of the notice, a physician may switch their patients using buprenorphine or buprenorphine/naloxone to the abuse deterrent form of the drug.

§60A-9-5. Confidentiality; limited access to records; period of retention; no civil liability for required reporting.


(a)(1) The information required by this article to be kept by the board Office of Drug Control Policy is confidential and not subject to the provisions of chapter twenty-nine-b of this code or obtainable as discovery in civil matters absent a court order and is open to inspection only by inspectors and agents of the board office, members of the West Virginia State Police expressly authorized by the Superintendent of the West Virginia State Police to have access to the information, authorized agents of local law-enforcement agencies as members of a federally affiliated drug task force, authorized agents of the federal Drug Enforcement Administration, authorized agents of the Board of Pharmacy, duly authorized agents of the Bureau for Medical Services, duly authorized agents of the Office of the Chief Medical Examiner for use in post-mortem examinations, duly authorized agents of licensing boards of practitioners in this state and other states authorized to prescribe Schedules II, III and IV controlled substances, prescribing practitioners and pharmacists and persons with an enforceable court order or regulatory agency administrative subpoena: Provided, That all law-enforcement personnel who have access to the Controlled Substances Monitoring Program database shall be granted access in accordance with applicable state laws and the board's office’s legislative rules, shall be certified as a West Virginia law-enforcement officer and shall have successfully completed training approved by the board office. All information released by the board office must be related to a specific patient or a specific individual or entity under investigation by any of the above parties except that practitioners who prescribe or dispense controlled substances may request specific data related to their Drug Enforcement Administration controlled substance registration number or for the purpose of providing treatment to a patient: Provided, however, That the West Virginia Controlled Substances Monitoring Program Database Review Committee established in subsection (b) of this section is authorized to query the database to comply with said subsection.

(2) Subject to the provisions of subdivision (1) of this subsection, the board office shall also review the West Virginia Controlled Substance Monitoring Program database and issue reports that identify abnormal or unusual practices of patients who exceed parameters as determined by the advisory committee established in this section. The board office shall communicate with practitioners and dispensers to more effectively manage the medications of their patients in the manner recommended by the advisory committee. All other reports produced by the board office shall be kept confidential. The board office shall maintain the information required by this article for a period of not less than five years. Notwithstanding any other provisions of this code to the contrary, data obtained under the provisions of this article may be used for compilation of educational, scholarly or statistical purposes, and may be shared with the West Virginia Department of Health and Human Resources for those purposes, as long as the identities of persons or entities and any personally identifiable information, including protected health information, contained therein shall be redacted, scrubbed or otherwise irreversibly destroyed in a manner that will preserve the confidential nature of the information. No individual or entity required to report under section four of this article may be subject to a claim for civil damages or other civil relief for the reporting of information to the board office as required under and in accordance with the provisions of this article.

(3) The board office shall establish an advisory committee to develop, implement and recommend parameters to be used in identifying abnormal or unusual usage patterns of patients in this state. This advisory committee shall:

(A) Consist of the following members: A The State Health Officer, a physician licensed by the West Virginia Board of Medicine, a dentist licensed by the West Virginia Board of Dental Examiners, a physician licensed by the West Virginia Board of Osteopathic Medicine, a licensed physician certified by the American Board of Pain Medicine, a licensed physician board certified in medical oncology recommended by the West Virginia State Medical Association, a licensed physician board certified in palliative care recommended by the West Virginia Center on End of Life Care, a pharmacist licensed by the West Virginia Board of Pharmacy, a licensed physician member of the West Virginia Academy of Family Physicians, an expert in drug diversion and such other members as determined by the board office.

(B) Recommend parameters to identify abnormal or unusual usage patterns of controlled substances for patients in order to prepare reports as requested in accordance with subsection (a), subdivision (2) of this section.

(C) Make recommendations for training, research and other areas that are determined by the committee to have the potential to reduce inappropriate use of prescription drugs in this state, including, but not limited to, studying issues related to diversion of controlled substances used for the management of opioid addiction.

(D) Monitor the ability of medical services providers, health care facilities, pharmacists and pharmacies to meet the twenty-four-hour reporting requirement for the Controlled Substances Monitoring Program set forth in section three of this article, and report on the feasibility of requiring real-time reporting.

(E) Establish outreach programs with local law enforcement to provide education to local law enforcement on the requirements and use of the Controlled Substances Monitoring Program database established in this article.

(b) The board office shall create a West Virginia Controlled Substances Monitoring Program Database Review Committee of individuals consisting of two prosecuting attorneys from West Virginia counties, two physicians with specialties which require extensive use of controlled substances and a pharmacist who is trained in the use and abuse of controlled substances. The Review Committee may determine that an additional physician who is an expert in the field under investigation be added to the team when the facts of a case indicate that the additional expertise is required. The Review Committee, working independently, may query the database based on parameters established by the Advisory Committee. The Review Committee may make determinations on a case-by-case basis on specific unusual prescribing or dispensing patterns indicated by outliers in the system or abnormal or unusual usage patterns of controlled substances by patients which the Review Committee has reasonable cause to believe necessitates further action by law enforcement or the licensing board having jurisdiction over the practitioners or dispensers under consideration. The Review Committee shall also review notices provided by the chief medical examiner pursuant to subsection (h), section ten, article twelve, chapter sixty-one of this code and determine on a case-by-case basis whether a practitioner who prescribed or dispensed a controlled substance resulting in or contributing to the drug overdose may have breached professional or occupational standards or committed a criminal act when prescribing the controlled substance at issue to the decedent. Only in those cases in which there is reasonable cause to believe a breach of professional or occupational standards or a criminal act may have occurred, the Review Committee shall notify the appropriate professional licensing agency having jurisdiction over the applicable practitioner or dispenser and appropriate law-enforcement agencies and provide pertinent information from the database for their consideration. The number of cases identified shall be determined by the Review Committee based on a number that can be adequately reviewed by the Review Committee. The information obtained and developed may not be shared except as provided in this article and is not subject to the provisions of chapter twenty-nine-b of this code or obtainable as discovering in civil matters absent a court order.

(c) The board office is responsible for establishing and providing administrative support for the Advisory Committee and the West Virginia Controlled Substances Monitoring Program Database Review Committee. The Advisory Committee and the Review Committee shall elect a chair by majority vote. Members of the Advisory Committee and the Review Committee may not be compensated in their capacity as members but shall be reimbursed for reasonable expenses incurred in the performance of their duties.

(d) The board office shall promulgate rules with advice and consent of the Advisory Committee, in accordance with the provisions of article three, chapter twenty-nine-a of this code. The legislative rules must include, but shall not be limited to, the following matters:

(1) Identifying parameters used in identifying abnormal or unusual prescribing or dispensing patterns;

(2) Processing parameters and developing reports of abnormal or unusual prescribing or dispensing patterns for patients, practitioners and dispensers;

(3) Establishing the information to be contained in reports and the process by which the reports will be generated and disseminated; and

(4) Setting up processes and procedures to ensure that the privacy, confidentiality, and security of information collected, recorded, transmitted and maintained by the Review Committee is not disclosed except as provided in this section.

(e) Persons or entities with access to the West Virginia Controlled Substances Monitoring Program database pursuant to this section may, pursuant to rules promulgated by the board office, delegate appropriate personnel to have access to said database.

(f) Good faith reliance by a practitioner on information contained in the West Virginia Controlled Substances Monitoring Program database in prescribing or dispensing or refusing or declining to prescribe or dispense a schedule II, III, or IV controlled substance shall constitute an absolute defense in any civil or criminal action brought due to prescribing or dispensing or refusing or declining to prescribe or dispense.

(g) A prescribing or dispensing practitioner may notify law enforcement of a patient who, in the prescribing or dispensing practitioner's judgment, may be in violation of section four hundred ten, article four of this chapter, based on information obtained and reviewed from the controlled substances monitoring database. A prescribing or dispensing practitioner who makes a notification pursuant to this subsection is immune from any civil, administrative or criminal liability that otherwise might be incurred or imposed because of the notification if the notification is made in good faith.

(h) Nothing in the article may be construed to require a practitioner to access the West Virginia Controlled Substances Monitoring Program database except as provided in section five-a of this article.

(i) The board office shall provide an annual report on the West Virginia Controlled Substance Monitoring Program to the Legislative Oversight Commission on Health and Human Resources Accountability with recommendations for needed legislation no later than January 1 of each year.

§60A-9-5a. Practitioner requirements to access database and conduct annual search of the database; required rulemaking.


(a) All practitioners, as that term is defined in section one hundred-one, article two of this chapter who prescribe or dispense Schedule II, III or IV controlled substances shall register with the West Virginia Controlled Substances Monitoring Program and obtain and maintain online or other electronic access to the program database: Provided, That compliance with the provisions of this subsection must be accomplished within thirty days of the practitioner obtaining a new license:  Provided, however, That no licensing board may renew a practitioner’s license without proof that the practitioner meet the requirements of this subsection.

(b) Upon initially prescribing or dispensing any pain-relieving controlled substance for a patient and at least annually thereafter should the practitioner or dispenser continue to treat the patient with controlled substances, all persons with prescriptive or dispensing authority and in possession of a valid Drug Enforcement Administration registration identification number and, who are licensed by the Board of Medicine as set forth in article three, chapter thirty of this code, the Board of Registered Professional Nurses as set forth in article seven, chapter thirty of this code, the Board of Dental Examiners as set forth in article four, chapter thirty of this code, and the Board of Osteopathic Medicine as set forth in article fourteen, chapter thirty of this code  and the Board of Pharmacy as set forth in article five, chapter thirty of this code shall access the West Virginia Controlled Substances Monitoring Program database for information regarding specific patients for whom they are providing pain-relieving controlled substances as part of a course of treatment for chronic, nonmalignant pain but who are not suffering from a terminal illness. The information obtained from accessing the West Virginia Controlled Substances Monitoring Program database for the patient shall be documented in the patient's medical record. A pain-relieving controlled substance shall be defined as set forth in section one, article three-a, chapter thirty of this code.

            (c) The various boards mentioned in subsection (b) of this section above shall promulgate both emergency and legislative rules pursuant to the provisions of article three, chapter twenty-nine-a of this code to effectuate the provisions of this section.

§60A-9-6. Promulgation of rules.

The state board of pharmacy Office of Drug Control Policy, with the approval of the Secretary of the Department of Health and Human Resources shall promulgate legislative rules to effectuate the purposes of this article in accordance with the provisions of chapter twenty-nine-a of this code.

§60A-9-7. Criminal penalties; and administrative violations.


(a) Any person who is required to submit information to the state Board of Pharmacy West Virginia Controlled Substance Monitoring Program pursuant to the provisions of this article who fails to do so as directed by the board is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $500.

(b) Any person who is required to submit information to the state Board of Pharmacy West Virginia Controlled Substance Monitoring Program pursuant to the provisions of this article who knowingly and willfully refuses to submit the information required by this article is guilty of a misdemeanor and, upon conviction thereof, shall be confined in a county or regional jail not more than six months or fined not more than $1,000, or both confined and fined.

(c) Any person who is required by the provisions of this article to submit information to the state Board of Pharmacy West Virginia Controlled Substance Monitoring Program who knowingly submits thereto information known to that person to be false or fraudulent is guilty of a misdemeanor and, upon conviction thereof, shall be confined in a county or regional jail not more than one year or fined not more than $5,000, or both confined and fined.

(d) Any person granted access to the information required by the provisions of this article to be maintained by the state Board of Pharmacy Office of Drug Control Policy, who shall willfully disclose the information required to be maintained by this article in a manner inconsistent with a legitimate law-enforcement purpose, a legitimate professional regulatory purpose, the terms of a court order or as otherwise expressly authorized by the provisions of this article is guilty of a misdemeanor and, upon conviction thereof, shall be confined in a county or regional jail for not more than six months or fined not more than $1,000, or both confined and fined.

(e) Unauthorized access or use or unauthorized disclosure for reasons unrelated to the purposes of this article of the information in the database is a felony punishable by imprisonment in a state correctional facility for not less than one year nor more than five years or fined not less than $3,000 nor more than $10,000, or both imprisoned or fined.

(f) Any practitioner who fails to register with the West Virginia Controlled Substances Monitoring Program and obtain and maintain online or other electronic access to the program database as required in subsection (a), section five-a, article nine of this chapter, shall be subject to an administrative penalty of $1,000 by the licensing board of his or her licensure.  All such fines collected pursuant to this subsection shall be remitted by the applicable licensing board to the Fight Substance Abuse Fund created under section eight of this article. The provisions of this subsection shall become effective on July 1, 2016.

(g) Any practitioner or dispenser who is required to access the information contained in the West Virginia Controlled Substances Monitoring Program database as set forth in subsection (a), section five-a of this article and fails to do so as directed by the rules of his or her licensing board shall be subject to such discipline as the licensing board deems appropriate and on or after July 1, 2016, be subject to a $100 administrative penalty per violation by the applicable licensing board. All such fines collected pursuant to this subsection shall be transferred by the applicable licensing board to the Fight Substance Abuse Fund created under section eight of this article.

(h) Lack of available internet connectivity is a defense to any action brought pursuant to subsections (d) or (f) of this section.

 

NOTE: The purpose of this bill is to enact a comprehensive plan, based on public health, research and data, to combat the state’s opioid drug and substance abuse crisis.  This bill creates the centralized Office of Drug Control Policy under the direction of the Secretary of DHHR and the supervision of the State Health Officer, and incorporates the West Virginia Poison Control Center as a division.  This role of the office is to coordinate information, resources, programs, and state and federal funds through a centralized office.  This bill codifies various public health and education initiatives and pilot programs to prevent and treatment substance abuse, and transfers responsibility of the Controlled Substance Monitoring Program from the Board of Pharmacy to the Office of Drug Control Policy.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

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