ENROLLED
Senate Bill No. 514
(By Senators Jenkins, Stollings, Foster, Unger, Laird, Plymale, Palumbo and
Kessler)
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[Passed March 5, 2010; in effect ninety days from passage.]
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AN ACT to amend and reenact §60A-9-4 of the Code of West Virginia,
1931, as amended, relating to the Controlled Substances
Monitoring Act; and modifying and clarifying the controlled
substances that are subject to reporting when a prescription
is filled or when the controlled substance is dispensed by a
medical services provider.
Be it enacted by the Legislature of West Virginia:
That §60A-9-4 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 9. CONTROLLED SUBSTANCES MONITORING.
§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
whenever a prescription for the controlled substance 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 of Pharmacy 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;
(2) The 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 dispensed;
(5) The quantity and dosage of the Schedule II, III and IV
controlled substance dispensed;
(6) The date the prescription was filled; and
(7) The number of refills, if any, authorized by the
prescription.
(b) The Board of Pharmacy may prescribe by rule promulgated
under this article the form to be used in prescribing a Schedule
II, III and IV substance if, in the determination of the board, 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 or a drug dispensed by a
practitioner at a facility licensed by the state:
Provided, That
the quantity dispensed is limited to an amount adequate to treat
the patient for a maximum of seventy-two hours with no greater than
two seventy-two-hour cycles in any fifteen-day period of time.