Enrolled Version - Final Version
House Bill 2088 History
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Key: Green = existing Code. Red = new code to be enacted
ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2088
(By Delegates
Amores and Faircloth
)
[Passed March 13, 2004; in effect ninety days from passage.]
AN ACT to amend and reenact §60A-9-5 of the code of West Virginia,
1931, as amended, relating to authorizing local law-
enforcement officers who are members of drug task forces to
have access to prescription drug monitoring data.
Be it enacted by the Legislature of West Virginia:
That §60A-9-5 of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 9. CONTROLLED SUBSTANCES MONITORING.
§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
state board of pharmacy is confidential and is open to inspection
only by inspectors and agents of the state board of pharmacy,
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 a member of a drug task force, authorized agents of the
federal drug enforcement agency, 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 information released by the state
board of pharmacy 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 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. The board
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 as long as the
identities of persons or entities remain confidential. 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 of pharmacy as
required under and in accordance with the provisions of this
article.
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