COMMITTEE SUBSTITUTE
FOR
H. B. 2492
(By Mr. Speaker, Mr. Chambers, and Delegate Ashley)
[By Request of the Executive]
(Originating in the House Committee on the Judiciary)
[February 28, 1995]
A BILL to amend chapter sixty-a of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article nine, relating to
controlled substances monitoring and centralized reporting
to board of pharmacy or its designee; establishment of
program; purpose; reporting system requirements;
implementation; requirement for electronic reporting if
feasible; reimbursement for reasonable and necessary costs
in modification for electronic reporting; information
required; confidentiality; access to records; period of
retention; no civil damages for reporting required under
act; legislative rules; and criminal penalties.
Be it enacted by the Legislature of West Virginia:
That chapter sixty-a of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article nine, to read as
follows:
ARTICLE 9. CONTROLLED SUBSTANCES MONITORING.
§60A-9-1. Short title.
This article shall be referred to as the controlled
substances monitoring act.
§60A-9-2. Establishment of program; purpose.
There is hereby established a controlled substances
monitoring act the purpose of which is to require the recordation
and retention in a single repository of information regarding the
prescribing, dispensing and consumption of certain controlled
substances.
§60A-9-3. Reporting system requirements; implementation; central
repository requirement.
(a) On or before the first day of May, one thousand nine
hundred ninety-six, the board of pharmacy shall implement a
program wherein a central repository is established and
maintained which shall contain such information as is required by
the provisions of this article regarding Schedule II controlled
substances prescriptions written or filled in this state. In
implementing this program, the board of pharmacy shall consult with the division of public safety, 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 of
pharmacy shall allow reporting of the required information by
electronic data transfer where feasible, and where such is
infeasible, on reporting forms promulgated by the board of
pharmacy. The information required to be submitted by the
provisions of this article shall be required to be filed no more
frequently than once in a two-month period. The program
authorized by subsection (a) of this section shall also provide
for the reimbursement in whole or in part of the costs reasonably
and necessarily incurred by pharmacists or pharmacies in
modifying software in conformance with the reporting requirements
of this article and shall also provide for the electronic
transmission of the information required to be provided by this
article by and through the use of a toll-free line maintained by
the board of pharmacy.
§60A-9-4. Required information.
Whenever a medical services provider dispenses a controlled substance listed in the provisions of section two hundred six,
article two of this chapter, or whenever a prescription for such
controlled substances 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 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 DEA
controlled substance registration number of the dispensing
pharmacy;
(2) The name and address 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 controlled substance dispensed;
(5) The quantity and dosage of the Schedule II controlled
substance dispensed;
(6) The date the prescription was filled; and
(7) The number of refills, if any, authorized by the
prescription.
The board of pharmacy may prescribe by rule promulgated
under this article the form to be used in prescribing a Schedule
II substance if, in the determination of the board, the
administration of the requirements of this section would be
facilitated.
§60A-9-5. Confidentiality; limited access to records; period of
retention; no civil liability for required reporting.
The information required by this article to be kept by the
board of pharmacy shall be confidential and shall be open to
inspection only by inspectors and agents of the board of
pharmacy, members of the division of public safety expressly
authorized by the superintendent to have access to the
information, duly authorized agents of licensing boards of
practitioners authorized to prescribe Schedule II controlled
substances and persons with an enforceable court order or
regulatory agency administrative subpoena. The board shall
maintain the information required by this article for a period of
no less than five years. Notwithstanding any provisions of this
code, data obtained under the provisions of this article may be
used for compilation of educational, scholarly or statistical purposes as long as the identities of persons or entities remain
confidential. No pharmacist or pharmacy shall be subject to a
claim for damages or other relief made by a patient or
prescribing physician as a result of the reporting of information
to the board of pharmacy as required under and in accordance with
the provisions of this article.
§60A-9-6. Promulgation of rules.
The board of pharmacy 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.
(a) Any person who is required to submit information to the
board of pharmacy pursuant to the provisions of this article who
fails to do so as directed by the board shall be guilty of a
misdemeanor, and, upon conviction thereof, shall be fined not
less than one hundred dollars nor more than five hundred dollars.
(b) Any person who is required to submit information to the
board of pharmacy pursuant to the provisions of this article who
knowingly and willfully refuses to submit the information
required by this article shall be 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 one
thousand dollars, or both.
(c) Any person who is required by the provisions of this
article to submit information to the board of pharmacy and who
knowingly submits thereto information known to that person to be
false or fraudulent shall be 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 five thousand
dollars, or both.
(d) Any person granted access to the information required by
the provisions of this article to be maintained by the board of
pharmacy, and 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 shall be 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 one
thousand dollars, or both.
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