§60A-9-1. Short Title
This article shall be referred to as the West Virginia Controlled Substances Monitoring Act.
§60A-9-2. Establishment of Program; Purpose
There is continued a West Virginia 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. A veterinarian is exempt from the requirements of this article.
§60A-9-3. Reporting System Requirements; Implementation; Central Repository Requirement
(a) 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, III, and IV controlled substance prescriptions written or filled in this state. In implementing this program, the Board of Pharmacy shall […]
§60A-9-4. Required Information
(a) The following individuals shall report the required information to the Controlled Substances Monitoring Program Database when: (1) A medical services provider dispenses a controlled substance listed in Schedule II, III, IV, or V;
§60A-9-4a. Verification of Identity
Prior to releasing a Schedule II, III, or IV controlled substance sold at retail, a pharmacist or pharmacy shall verify the full legal name, address and birth date of the person picking up the controlled substance dispensed by requiring the presentation of a valid government-issued photo identification card. This information shall be reported in accordance […]
§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 of Pharmacy is confidential and not subject to the provisions of 29B-1-1 et seq. 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 of […]
§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 60A-2-201 of this code who prescribe or dispense Schedule II, III, IV or V 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 […]
§60A-9-6. Promulgation of Rules
The state 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; and Administrative Violations
(a) Any person who is required to submit information to the state Board of Pharmacy 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 […]
§60A-9-8. Creation of Fight Substance Abuse Fund
There is hereby created a special revenue account in the state treasury, designated the Fight Substance Abuse Fund, which shall be an interest-bearing account. The fund shall consist of all moneys received from whatever source to further the purpose of this article. The fund shall be administered by the West Virginia Bureau for Public Health […]
§60A-9-9. Drugs of Concern Designation
(a) The Board of Pharmacy may designate certain drugs as drugs of concern which must be reported to the database established pursuant to this article. The designation of a drug of concern shall be reserved for drugs which have a high potential for abuse. Whenever a medical services provider dispenses a drug of concern or […]