Reducing use of certain prescription drugs
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SB 273 — Reducing use of certain prescription drugs
Last action — Chapter 46, Acts, Regular Session, 2018
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House of Delegates
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 15, 2018. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
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Enacted
Current position in the legislative process.
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2 sponsors
1 primary, 1 co-sponsors signed on.
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Mixed recorded votes
2 passed, 2 failed in recorded votes so far.
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Bill Text
What changed in the latest version
875 added · 940 removedPlain-language change summary
The updated version of Bill SB 273 introduces several important changes, including new provisions for emergency rulemaking and specific reporting requirements for healthcare providers. It clarifies the roles and responsibilities of physicians, particularly regarding medication-assisted treatment and opioid prescriptions, aiming to enhance patient safety and ensure better management of chronic pain. Additionally, it emphasizes the importance of consulting with patients before prescribing opioids and requires insurance to cover certain chronic pain treatments. These amendments are crucial as they address the ongoing opioid crisis while ensuring that patients receive appropriate and safe care for chronic pain.
NEWS RELEASES HELPFUL LINKS SB273Enrolled SUB2Version ENG2- Final Version « Senate Bill 273 History OTHER VERSIONS — Committee Substitute (2) | EnrolledSB273 VersionSUB2 -ENG2 Final Version | Committee Substitute (1) | Introduced Version | | Email Key:
Red = new code to be enacted WEST virginia legislature regular session SecondEnrolled Engrossment for Committee Substitute for Committee Substitute for Senate Bill 273 By Senators Carmichael (Mr.
President) and Prezioso (By Request of the Executive) [Originating[Passed inMarch the9, Committee2018; on the Judiciary;
Reportedin oneffect February90 8,days 2018]from passage] AAN BillACT to amend and reenact §16-5H-2 and §16-5H-9 of the Code of West Virginia, 1931, as amended;
makingproviding clarifying amendments to provide for an exemption for medication-assisted treatment programs;
providingrequiring forreferral consideration of other treatment options prior to prescribingcertain analternative opioid;treatments;
updating board’s titles;
precluding retaliation against a heath care provider for declining to prescribe a narcotic;
precluding retaliation against a heath care provider for declining to prescribe a narcotic;
(a) “Chronic pain” means pain that has persisted after reasonable medical efforts have been made to relieve the pain or cure its cause and that has continued, either continuously or episodically, for longer than three continuous months.
(b) “Director” means the Director of the Office of Health Facility Licensure and Certification within the Office of the Inspector General.
(c) “Owner” means any person, partnership, association, or corporation listed as the owner of a pain management clinic on the licensing forms required by this article.
(d) “Pain management clinic” means all privately-owned pain management clinics, facilities, or offices not otherwise exempted from this article and which meet both of the following criteria:
(e) “Physician” means an individual authorized to practice medicine or surgery or osteopathic medicine or surgery in this state.
(f) “Prescriber” means an individual who is authorized by law to prescribe drugs or drug therapy related devices in the course of the individual’s professional practice, including only a medical or osteopathic physician authorized to practice medicine or surgery;
(g) “Secretary” means the Secretary of the West Virginia Department of Health and Human Resources.
The Legislature finds that the changes made to this article during the 2018 regular session of the Legislature constitute an emergency for the purposes of filing any amendment to existing rules. ARTICLE 5Y. MEDICATION-ASSISTED TREATMENT PROGRAM LICENSING ACT. §16-5Y-2.
(a) “Addiction” means a primary, chronic disease of brain reward, motivation, memory, and related circuitry. Dysfunction in these circuits leads to characteristic biological, psychological, social, and spiritual manifestations which is reflected in an individual pathologically pursuing reward or relief by substance use, or both, and other behaviors. Addiction is characterized by inability to consistently abstain;
(b) “Administrator” “Administrator” means an individual designated by the governing body to be responsible for the day-to-day operation of the opioid treatment programs.
(c) “Advanced alcohol and drug abuse counselor” means an alcohol and drug abuse counselor who is certified by the West Virginia Certification Board for Addiction and Prevention Professionals who demonstrates a high degree of competence in the addiction counseling field.
(d) “Alcohol and drug abuse counselor” means a counselor certified by the West Virginia Certification Board for Addiction and Prevention Professionals for specialized work with patients who have substance use problems.
(e) “Biopsychosocial” means of, relating to, or concerned with, biological, psychological, and social aspects in contrast to the strictly biomedical aspects of disease.
(f) “Center for Substance Abuse Treatment” means the center under the Substance Abuse and Mental Health Services Administration that promotes community-based substance abuse treatment and recovery services for individuals and families in the community and provides national leadership to improve access, reduce barriers, and promote high quality, effective treatment and recovery services.
(g) “Controlled Substances Monitoring Program Database” means the database maintained by the West Virginia Board of Pharmacy pursuant to §60A-9-3 of this code that monitors and tracks certain prescriptions written or dispensed by dispensers and prescribers in West Virginia.
(h) “Director” means the Director of the Office of Health Facility Licensure and Certification.
(i) “Dispense” means the preparation and delivery of a medication-assisted treatment medication in an appropriately labeled and suitable container to a patient by a medication-assisted treatment program or pharmacist.
(j) “Governing body” means the person or persons identified as being legally responsible for the operation of the opioid treatment program. A governing body may be a board, a single entity or owner, or a partnership.
(k) “Medical director” means a physician licensed within the State of West Virginia who assumes responsibility for administering all medical services performed by the medication-assisted treatment program, either by performing them directly or by delegating specific responsibility to authorized program physicians and health care professionals functioning under the medical director’s direct supervision and functioning within their scope of practice.
(l) “Medication-assisted treatment” means the use of medications and drug screens, in combination with counseling and behavioral therapies, to provide a holistic approach to the treatment of substance use disorders.
(m) “Medication-assisted treatment program” means all publicly and privately owned opioid treatment programs and office-based, medication-assisted treatment programs, which prescribe medication-assisted treatment medications and treat substance use disorders, as those terms are defined in this article.
(n) “Medication-assisted treatment medication” means any medication that is approved by the United States Food and Drug Administration under Section 505 of the Federal Food, Drug and Cosmetic Act, 21 U.
(o) “Office-based, medication-assisted treatment” means all publicly or privately owned medication-assisted treatment programs in clinics, facilities, offices, or programs that provide medication-assisted treatment to individuals with substance use disorders through the prescription, administration, or dispensing of a medication-assisted treatment medication in the form of a partial opioid agonistagonist. or other medication-assisted medication approved for use in office based medication-assisted treatment setting.
(p) “Opioid agonist” means substances that bind to and activate the opiate receptors resulting in analgesia and pain regulation, respiratory depression, and a wide variety of behavioral changes. As used in this article, the term “opioid agonist” does not include partial agonist medications used as an alternative to opioid agonists in the treatment of opioid addiction.
(q) “Opioid “Opioid treatment program” means all publicly- or privately-owned medication-assisted treatment programs in clinics, facilities, offices, or programs that provide medication-assisted treatment to individuals with substance use disorders through on-site administration or dispensing of a medication-assisted treatment medication in the form of an opioid agonist or partial opioid agonist.
(r) “Owner” means any person, partnership, association, or corporation listed as the owner of a medication-assisted treatment program on the licensing or registration forms required by this article.
(s) “Partial opioid agonist” means a Federal Drug Administration approved medication that is used as an alternative to opioid agonists for the treatment of substance use disorders and that binds to and activates opiate receptors, but not to the same degree as full agonists.
(t) “Physician” means an individual licensed in this state to practice allopathic medicine or surgery by the West Virginia Board of Medicine or osteopathic medicine or surgery by the West Virginia Board of Osteopathic Medicine and that meets the requirements of this article.
(u) “Prescriber” means a person authorized in this state, working within their scope of practice, to give direction, either orally or in writing, for the preparation and administration of a remedy to be used in the treatment of substance use disorders.
(v) “Program sponsor” means the person named in the application for the certification and licensure of an opioid treatment program who is responsible for the administrative operation of the opioid treatment program and who assumes responsibility for all of its employees, including any practitioners, agents, or other persons providing medical, rehabilitative, or counseling services at the program.
(w) “Secretary” means the Secretary of the West Virginia Department of Health and Human Resources or his or her designee.
Show all 187 changed lines (147 more)
(x) “State opioid treatment authority” means the agency or individual designated by the Governor to exercise the responsibility and authority of the state for governing the treatment of substance use disorders, including, but not limited to, the treatment of opiate addiction with opioid drugs.
(y) “State oversight agency” means the agency or office of state government identified by the secretary to provide regulatory oversight of medication-assisted treatment programs on behalf of the State of West Virginia.
(z) “Substance” means the following:
(aa) “Substance Abuse and Mental Health Services Administration” means the agency under the United States Department of Health and Human Services responsible for the accreditation and certification of medication-assisted treatment programs and that provides leadership, resources, programs, policies, information, data, contracts, and grants for the purpose of reducing the impact of substance abuse and mental or behavioral illness.
(bb) “Substance use disorder” means patterns of symptoms resulting from use of a substance that the individual continues to take, despite experiencing problems as a result;
(cc) “Telehealth” means the mode of delivering health care services and public health via information and communication technologies to facilitate the diagnosis, consultation, treatment education, care management, and self-management of a patient’s health care while the patient is at the originating site and the health care provider is at a distant site.
(dd) “Variance” means written permission granted by the secretary to a medication-assisted treatment program that a requirement of this article or rules promulgated pursuant to this article may be accomplished in a manner different from the manner set forth in this article or associated rules.
(ee) “Waiver” means a formal, time-limited agreement between the designated oversight agency and the medication-assisted treatment program that suspends a rule, policy, or standard for a specific situation so long as the health and safety of patients is better served in the situation by suspension of the rule, policy, or standard than by enforcement.
and (17) Board of Pharmacy Controlled Substance Prescriber Report for each prescriber practicing at the program for the three months preceding the date of application;application.
and (18) If applicable, a copy of a valid Certificate of Need or a letter of exemption from the West Virginia Health Care Authority.
(j) Any person, partnership, association, or corporation operating a an office-based, medication-assisted treatment program shall be permitted to continue operation until the effective date of the new rules promulgated pursuant to this article. At that time a person, partnership, association, or corporation shall file for registration within six months pursuant to the licensing procedures and requirements of this section and the new rules promulgated hereunder.
(1) A Be a licensed psychiatrist;
(4) A Be a counselor, psychologist, marriage and family therapist, or social worker with a master’s level education with a specialty or specific training in treatment for substance use disorders, as further described in the rules promulgated pursuant to this article;
or (6) A Be a counselor with a graduate degree actively working toward licensure or certification in the individual’s chosen field under supervision of a licensed or certified professional in that field and/or advanced alcohol and drug counselor.
Provided, That the secretary may grant a variance from this requirement pursuant to §15-5Y-6 of this article code.
(4) A physician,prescriber physicianauthorized assistant,to orprescribe advanceda practicemedication-assisted registeredtreatment nursemedication shallwho performpractices at a physicalmedication-assisted examinationtreatment ofprogram ais patientresponsible onfor maintaining the samecontrol dayand thatsecurity theof prescriberhis initiallyor prescribes,her dispensesprescription orblanks administersand aany medication-assistedother treatmentmethod medicationused tofor prescribing a patientmedication-assisted andtreatment atmedication. intervalsThe asprescriber requiredshall incomply thewith rulesall promulgatedstate pursuantand tofederal thisrequirements article;for tamper-resistant prescription paper.
(5) An alcohol and drug abuse counselor, an advanced alcohol and drug abuse counselor or other qualified counselor, psychiatrist, psychologist or social worker shall perform a biopsychosocial assessment, including, but not limited to, a mental status examination of a patient on the same day or no more than seven days prior to the day that the physician initially prescribes, dispenses or administers a medication-assisted treatment medication to a patient and at intervals as required in the rules promulgated pursuant to this article;
(6) A prescriber authorized to prescribe a medication-assisted treatment medication who practices at a medication-assisted treatment program is responsible for maintaining the control and security of his or her prescription blanks and any other method used for prescribing a medication-assisted treatment medication. The prescriber shall comply with all state and federal requirements for tamper-resistant prescription paper.
and (7) (5) The medication-assisted treatment program shall have a drug testing program to ensure a patient is in compliance with the treatment strategy.
(3) A physician assistant with prescriptive authority as set forth in §30-3E-1§30-3E-3 etof seq.this code;
of this code;
(a) When issuing a prescription for an opioid to an adult patient seeking treatment in an emergency room or an urgent care facility setting for outpatient use, a health care practitioner may not issue a prescription for more than a four-day supply.
(b) AWhen healthissuing carea practitionerprescription mayfor not issue an opioid prescription to aan minoradult forpatient moreseeking thantreatment ain three-dayan supplyurgent andcare shallfacility discusssetting withfor theoutpatient parentuse, ora guardianhealth ofcare thepractitioner minormay thenot risksissue associateda withprescription opioidfor usemore andthan thea reasonsfour-day whysupply: the prescription is necessary.
(c)Provided, AThat dentistan oradditional andosing optometristfor up to no more than a seven-day supply may notbe issuepermitted, anbut opioidonly prescriptionif the medical rational for more than a three-dayfour-day supply atis anydocumented time.in the medical record.
(d)(c) A health care practitioner may not issue an initial opioid prescription to a minor for more than a seven-daythree-day supply.supply and shall discuss with the parent or guardian of the minor the risks associated with opioid use and the reasons why the prescription is necessary.
(d) A dentist or an optometrist may not issue an opioid prescription for more than a three-day supply at any time.
(e) A practitioner may not issue an initial opioid prescription for more than a seven-day supply.
(e) A veterinarian licensed pursuant to the provisions of §30-10-1 et seq.
of this code may not issue more than an initial opioid prescription for more than a seven-day supply.
The prescription shall be for the lowest effective dose which in the medical judgment of the veterinarian would be the best course of treatment for this patient and his or her condition.
(g) (g) Notwithstanding any provision of this code or legislative rule to the contrary, no medication listed as a Schedule II controlled substance as set forth in §60A-2-206 of this code, may be prescribed by a practitioner for greater than a 30-day supply:
of this code: code: Provided, however, That the limitations in this section do not apply to cancer patients, patients receiving hospice care from a licensed hospice provider, patients receiving palliative care, a patient who is a resident of a long-term care facility, or a patient receiving medications that are being prescribed for use in the treatment of substance abuse or opioid dependence.
Provided, however, That the limitations in this section do not apply to cancer patients, patients receiving hospice care from a licensed hospice provider, patients receiving palliative care, a patient who is a resident of a long-term care facility, or a patient receiving medications that are being prescribed for use in the treatment of substance abuse or opioid dependence.
(i) (i) A prescriptionveterinarian forlicensed anypursuant drugto listed on Schedule II as set forth in §60A-2-206 of this code for greater than a seven-day period shall require the patientprovisions to execute a narcotics contract with their prescribing practitioner. The contract shall be made a part of the§30-10-1 patient’set medicalseq. record. The narcotics contract is required to provide that: (1) The patient agrees only to obtain scheduled medications from this particular prescribing practitioner;
(2) of Thethis patientcode agreesmay henot orissue shemore willthan onlyan fillinitial thoseopioid prescriptionsprescription for Schedulemore IIthan at a singleseven-day pharmacy;supply.
(3) The patientprescription agreesshall tobe notifyfor the prescribinglowest practitionereffective withindose 24which hoursin the medical judgment of anythe emergencyveterinarian wherewould hebe orthe shebest arecourse prescribedof scheduledtreatment medication;for this patient and his or her condition.
and(j) (4) A Ifprescription thefor patientany failsopioid todrug honorlisted theon provisions of the narcotics contract, the prescribing practitioner may either terminate the provider-patient relationship or continue to treat the patient without prescribing Schedule II drugsas forset theforth patient. in Should§60A-2-206 the practitioner decide to terminate the relationship, he or she is required to do so pursuant to the provisions of this code andfor anygreater rulesthan promulgateda hereunder. seven-day Terminationperiod ofshall therequire relationship for the patient’spatient failure to honorexecute thea provisionsnarcotics of the contract iswith nottheir subjectprescribing topractitioner. any disciplinary action by the practitioner’s licensing board. §16-54-5. Subsequent prescriptions;
The contract shall be made a part of the patient’s medical record. The narcotics contract is required to provide that: (1) The patient agrees only to obtain scheduled medications from this particular prescribing practitioner;
(2) The patient agrees he or she will only fill those prescriptions at a single pharmacy which includes a pharmacy with more than one location;
(3) The patient agrees to notify the prescribing practitioner within 72 hours of any emergency where he or she is prescribed scheduled medication;
and (4) If the patient fails to honor the provisions of the narcotics contract, the prescribing practitioner may either terminate the provider-patient relationship or continue to treat the patient without prescribing a Schedule II opioid for the patient. Should the practitioner decide to terminate the relationship, he or she is required to do so pursuant to the provisions of this code and any rules promulgated hereunder. Termination of the relationship for the patient’s failure to honor the provisions of the contract is not subject to any disciplinary action by the practitioner’s licensing board. §16-54-5. Subsequent prescriptions;
referral to pain clinic or pain specialist. (a) At the time of the issuance of the third prescription for a prescription opioid the practitioner shall consider referring the patient to a pain clinic or a pain specialist.specialist. The practitioner shall discuss the benefits of seeking treatment through a pain clinic or a pain specialist and provide him or her with an understanding of any risks associated by choosing not to pursue that as an option. (b) If the patient declines to seek treatment from a pain clinic or a pain specialist and opts to remain a patient of the practitioner, and the practitioner continues to prescribe an opioid for pain as provided in this code, the practitioner shall:
The practitioner shall discuss the benefits of seeking treatment through a pain clinic or a pain specialist and provide him or her with an understanding of any risks associated by choosing not to pursue that as an option. (b) If the patient declines to seek treatment from a pain clinic or a pain specialist and opts to remain a patient of the practitioner, and the practitioner continues to prescribe an opioid for pain as provided in this code, the practitioner shall:
(b) (b) A practitioner may prescribe an initial seven-day supply of an opioid to a post-surgery patient immediately following a surgical procedure. Based upon the medical judgment of the practitioner, a subsequent prescription may be prescribed by the practitioner pursuant to the provisions of this code.
Nothing in this section authorizes a practitioner to prescribe any medication which he or she is not permitted to prescribe pursuant to their practice act. (c) (c) A practitioner who acquires a patient after January 1, 2018, who is currently being prescribed an opioid from another practitioner shall be required to access the Controlled Substances Monitoring Program Database as set forth in §60A-9-1 et seq.
(a) When patients seek treatment for any of the myriad conditions that cause pain, a health care practitioner shall considerrefer prescribingor prescribe to a patient any of the following treatment alternatives, based on the practitioner’s clinical judgment and the availability of the treatment, before starting a patient on an opioid:
physical therapy, occupational therapy, acupuncture, massage therapy, osteopathic manipulation, chronic pain management program, and chiropractic care.services, as defined in §30-16-3 of this code.
(b) Nothing in this section should be construed to require that all of the treatment alternatives set forth in §16-54-8(a) of this code are required to be exhausted prior to the patient receiving a prescription for an opioid. (c) (c) At a minimumminimum, an insurance provider who offers an insurance product in this state, the Bureau for Medical ServicesServices, and the Public Employees Insurance Agency shall provide coverage for 20 visits per event of physical therapy, osteopathicoccupational manipulation, a chronic pain management program, and chiropractic care when ordered by a health care practitioner to treat conditions that cause chronic pain. A patient may seek treatment for physical therapy, osteopathic manipulation, a chronic pain management program, and chiropractic careservices, prior to seeking treatment from a practitioner and a practitioner referral is not required as adefined condition of coverage by the Bureau for Medical Services, the Public Employees Insurance Agency, and any insurance provider who offers an insurance product in this§30-16-3 state. Any co-pay required for any of thesethis servicescode, maywhen notordered beby greater than the co-pay required for an emergency room visit. (d) A patient may seek treatment for physical therapy, osteopathic manipulation, a chronichealth pain management program, and chiropractic care priorpractitioner to seekingtreat treatmentconditions fromthat acause practitionerchronic andpain. a practitioner referral is not required as a condition of coverage by the Bureau for Medical Services, the Public Employees Insurance Agency, and any insurance provider who offers an insurance product in this state. Any deductible, coinsurance, or co-pay required for any of these services may not be greater than the deductible required for an emergency room visit.
(d) (e) A Nothingpatient may seek treatment for physical therapy, occupational therapy, osteopathic manipulation, a chronic pain management program, and chiropractic services, as defined in §30-16-3 of this sectioncode, precludesprior to seeking treatment from a practitioner fromand simultaneouslya prescribingpractitioner anreferral opioidis not required as a condition of coverage by the Bureau for Medical Services, the Public Employees Insurance Agency, and prescribingany insurance provider who offers an insurance product in this state. Any deductible, coinsurance, or recommendingco-pay required for any of these services may not be greater than the proceduresdeductible, setcoinsurance, forthor inco-pay §16-54-8(a)required offor thisa code.primary care visit.
(e) Nothing in this section precludes a practitioner from simultaneously prescribing an opioid and prescribing or recommending any of the procedures set forth in §16-54-8(a) of this code.
grounds for license denial and discipline of physicians and podiatrist; podiatrist; investigations;
investigations;
or unfavorable outcomes arising out of medical professional liability.liability. The board shall initiate an investigation if it receives notice that three or more judgments, or any combination of judgments and settlements resulting in five or more unfavorable outcomes arising from medical professional liability, have been rendered or made against the physician or podiatrist within a five-year period.
The board shall initiate an investigation if it receives notice that three or more judgments, or any combination of judgments and settlements resulting in five or more unfavorable outcomes arising from medical professional liability, have been rendered or made against the physician or podiatrist within a five-year period.
The chief executive officer of every hospital shall, within 60 days after the completion of the hospital’s formal disciplinary procedure and also within 60 days after the commencement of and again after the conclusion of any resulting legal action, report in writing to the board the name of any member of the medical staff or any other physician or podiatrist practicing in the hospital whose hospital privileges have been revoked, restricted, reduced, or terminated for any cause, including resignation, together with all pertinent information relating to such action.
(d) The board shall deny any application for a license or other authorization to practice medicine and surgery or podiatry in this state to any applicantapplicant, who, and shall revoke the license of any physician or podiatrist licensed or otherwise lawfully practicing within this state who, is found guilty by any court of competent jurisdiction of any felony involving prescribing, selling, administering, dispensing, mixing, or otherwise preparing any prescription drug, including any controlled substance under state or federal law, for other than generally accepted therapeutic purposes.
(f) The investigating body, as provided in §30-3-14(e) of this section code, may request and the board under any circumstances may require a physician or podiatrist or person applying for licensure or other authorization to practice medicine and surgery or podiatry in this state to submit to a physical or mental examination by a physician or physicians approved by the board.
of this code.code. However, hearings shall be heard upon sworn testimony and the rules of evidence for trial courts of record in this state shall apply to all hearings.
However, hearings shall be heard upon sworn testimony and the rules of evidence for trial courts of record in this state shall apply to all hearings.
(j) Whenever it finds any person unqualified because of any of the grounds set forth in §30-3-14(c) of this section code, the board may enter an order imposing one or more of the following:
(k) Notwithstanding the provisions of §30-1-8 of this code, if the board determines the evidence in its possession indicates that a physician’s or podiatrist’s continuation in practice or unrestricted practice constitutes an immediate danger to the public, the board may take any of the actions provided in §30-3-4(j) of this section code on a temporary basis and without a hearing if institution of proceedings for a hearing before the board are initiated simultaneously with the temporary action and begin within 15 days of the action.
(p) In every case considered by the board under this article regarding discipline or licensure, whether initiated by the board or upon complaint or information from any person or organization, the board shall make a preliminary determination as to whether probable cause exists to substantiate charges of disqualification due to any reason set forth in §30-3-14(c) of this section code.
(q) If the board receives notice that a physician or podiatrist has been subjected to disciplinary action or has had his or her credentials suspended or revoked by the board, a hospital or a professional society, as defined in §30-3-14(b) of this section code, for three or more incidents during a five-year period, the board shall require the physician or podiatrist to practice under the direction of a physician or podiatrist designated by the board for a specified period of time to be established by the board.
(1) An “Accepted guideline” is a care or practice guideline for pain management developed by a nationally recognized clinical or professional association or a specialty society or government-sponsored agency that has developed practice or care guidelines based on original research or on review of existing research and expert opinion.
(2) “Board” or “licensing board” means the West Virginia Board of Medicine, the West Virginia Board of Osteopathy, the West Virginia Board of Registered NursesNurses, or, the West Virginia Board of Pharmacy, the West Virginia Board of Optometry, or the West Virginia Board of Dentistry.
(3) “Nurse” means a registered nurse licensed in the State of West Virginia pursuant to the provisions of §30-7-1 et seq.
(4) “Pain” means an unpleasant sensory and emotional experience associated with actual or potential tissue damage or described in terms of such damage.
(5) “Pain-relieving controlled substance” includes, but is not limited to, an opioid or other drug classified as a Schedule II through V controlled substance and recognized as effective for pain relief, and excludes any drug that has no accepted medical use in the United States or lacks accepted safety for use in treatment under medical supervision including, but not limited to, any drug classified as a Schedule I controlled substance.
(6) “Pharmacist” means a registered pharmacist licensed in the State of West Virginia pursuant to the provisions of §30-5-1 et seq.
(7) “Prescriber” “Physician”shall meansmean: a physician licensed in the State of West Virginia pursuant to the provisions of article three or article fourteen of this chapter.
“Prescriber” shall mean:
(a) A physician prescriber is not subject to disciplinary sanctions by a licensing board or criminal punishment by the state for prescribing, administering, or dispensing pain-relieving controlled substances for the purpose of alleviating or controlling pain if:
(1) In the case of a dying patient experiencing pain, the physician prescriber practices in accordance with an accepted guideline as defined in §30-3A-1 of this article code and discharges his or her professional obligation to relieve the dying patient’s pain and promote the dignity and autonomy of the dying patient;
or (2) In the case of a patient who is not dying and is experiencing pain, the physician prescriber discharges his or her professional obligation to relieve the patient’s pain, if the physician prescriber can demonstrate by reference to an accepted guideline that his or her practice substantially complied with that accepted guideline.
(a) Nothing in this article shall prohibit disciplinary action or criminal prosecution of a physician prescriber for:
(2) Writing a false or fictitious prescription for a controlled substance scheduled in §60A-2-1§60A-2-201 et seq.;seq.
§60A-2-201 et seq.
or (4) Diverting controlled substances prescribed for a patient to the physician’s own personal use.;use or (5) Abnormal or unusual prescribing or dispensing patterns, or both as identified by the Controlled Substance Monitoring Program set forth in §60A-9-1 et seq.
or (5) Abnormal or unusual prescribing or dispensing patterns, or both as identified by the Controlled Substance Monitoring Program set forth in §60A-9-1 et seq.
Construction of article.
This (a) article may not be construed to legalize, condone, authorize or approve mercy killing or assisted suicide (a) Upon receipt of the quarterly report set forth in §60A-9-1 et seq.
(b) After reviewing any information obtained through an investigation, the board shall determine if probable cause exists that the licensee, certificate holder, or permittee has violated §30-4-19(a) of this section code or rules promulgated pursuant to this article.
(d) Upon a finding that probable cause exists that the licensee, certificate holder, or permittee has violated §30-4-19(g) of this section code or rules promulgated pursuant to this article, the board may enter into a consent decree or hold a hearing for disciplinary action against the licensee, certificate holder, or permittee.
(18) Failing to report to the board within 72 hours of becoming aware thereof of any life threatening occurrence, serious injury, or death of a patient resulting from dental treatment or complications following a dental procedure;
(i) For the purposes of §30-4-19(g) of this section code, effective July 1, 2013, disciplinary action may include:
(a) (2) Hold meetings;
(b) (3) Establish additional requirements for a license, permit, and registration;
(c) (4) Establish procedures for submitting, approving, and rejecting applications for a license, permit, and registration;
(d) (5) Determine the qualifications of any applicant for a license, permit, and registration;
(e) (6) Establish a fee schedule;
(f) (7) Issue, renew, deny, suspend, revoke, or reinstate a license, permit, and registration;
(g) (8) Prepare, conduct, administer, and grade written, oral, or written and oral examinations for a license and registration and establish what constitutes passage of the examination;
(h) (9) Contract with third parties to administer the examinations required under the provisions of this article;
(i) (10) Maintain records of the examinations the board or a third party administers, including the number of persons taking the examination and the pass and fail rate;
(j) (11) Regulate mail order pharmacies;
(k) (12) Maintain an office, and hire, discharge, establish the job requirements, and fix the compensation of employees and contract with persons necessary to enforce the provisions of this article.
(l) (13) Investigate alleged violations of the provisions of this article, legislative rules, orders, and final decisions of the board;
(m) (14) Conduct disciplinary hearings of persons regulated by the board;
(n) (15) Determine disciplinary action and issue orders;
(o) (16) Institute appropriate legal action for the enforcement of the provisions of this article;
(p) (17) Maintain an accurate registry of names and addresses of all persons regulated by the board;
(q) (18) Keep accurate and complete records of its proceedings, and certify the same as may be necessary and appropriate;
(r) (19) Propose rules in accordance with the provisions of §29A-3-1 et seq.
(s) (20) Sue and be sued in its official name as an agency of this state;
(t) (21) Confer with the Attorney General or his or her assistant in connection with legal matters and questions;
and (u) (22) Take all other actions necessary and proper to effectuate the purposes of this article.
or (8) (9) Has willfully or repeatedly violated any of the provisions of this article.
(a) The board may upon its own motion based on credible information and or based upon the quarterly report from the Board of Pharmacy as required by §60A-9-1 et seq.
(c) After reviewing any information obtained through an investigation, the board shall determine if probable cause exists that the licensee or permittee has violated §30-8-18(g) of this section code or rules promulgated pursuant to this article.
(d) Upon a finding that probable cause exists that the licensee or permittee has violated §30-8-18(g) of this section code or rules promulgated pursuant to this article, the board may enter into a consent decree or hold a hearing for the suspension or revocation of the license, certificate, or permit or the imposition of sanctions against the licensee, certificate holder, or permittee.
(h) For the purposes of §30-8-18(g) of this section code disciplinary action may include:
(h) For the purposes of §30-10-19(g) of this section code, disciplinary action may include:
§30-14-12a.§30-14-12a. Initiation of suspension or revocation proceedings allowed and required;
Initiation of suspension or revocation proceedings allowed and required;
of this code.code. After reviewing the record of such hearing, if the board determines that a violation of this subsection has occurred, the board shall assess a civil penalty of not less than $1,000 nor more than $10,000 against such violator.
After reviewing the record of such hearing, if the board determines that a violation of this subsection has occurred, the board shall assess a civil penalty of not less than $1,000 nor more than $10,000 against such violator.
(c) In every case considered by the board under this article regarding suspension, revocation, or issuance of a license whether initiated by the board or upon complaint or information from any person or organization, the board shall make a preliminary determination as to whether probable cause exists to substantiate charges of cause to suspend, revoke, or refuse to issue a license as set forth in §30-14-11(a) of this article code.
(d) If the board receives notice that an osteopathic physician has been subjected to disciplinary action or has had his or her credentials suspended or revoked by the board, a medical peer review committee, a hospital or professional society, as defined in §30-14-12(a) of this section code, for three or more incidents in a five-year period, the board shall require the osteopathic physician to practice under the direction of another osteopathic physician for a specified period to be established by the board.
(1) (A) Stimulation of points of the body by the insertion of acupuncture needles;
(2) (B) The application of moxibustion;
and (3) (C) Manual, mechanical, thermal, or electrical therapies only when performed in accordance with the principles of oriental acupuncture medical theories.
§60A-5-509. Unlawful retaliation against health care providers. (a) (a) A health care provider has the right to exercise his or her professional judgment to decline to administer, dispense, or prescribe narcotics without being subject to actual or threatened acts of reprisal. (b) (b) It shall be unlawful for any person or entity to engage in any form of threats or reprisal, or to engage in, or hire, or conspire with, others to commit acts or activities of any nature, the purpose of which is to punish, embarrass, deny, or reduce privileges or compensation, or cause economic loss or to aid, abet, incite, compel, or coerce any person to engage in such threats or reprisal, against a health care provider as a result of, or in retaliation for, the refusal of that health care provider to administer, dispense, or prescribe narcotics. (c) (c) Any person or entity who violates the foregoing shall be subject to a private right of action by the affected health care provider and shall be liable in the amount of three times the economic loss sustained as a direct and proximate result of the reprisal.
(d) (d) A health care provider that prevails in an action brought pursuant to this section shall be entitled to an award of costs and attorney fees. ARTICLE 9.
Required information. (a) (a) WheneverThe afollowing medicalindividuals servicesshall providerreport dispenses a controlled substance listed in Schedule II, III or IV as established under the provisionsrequired ofinformation articleto two of this chapter or an opioid antagonist, or whenever a prescription for the controlledControlled substanceSubstances orMonitoring opioidProgram antagonistDatabase iswhen: filled by:
(i) A pharmacist or pharmacy in this state;
(ii) a hospital, or other health care facility, for outpatient 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 pursuant to this article, report the following information, as applicable:
(a) The following individuals shall report the required information to the Controlled Substances Monitoring Program Database when:
(b) (c) Whenever a medical services provider treats a patient for an overdose that has occurred as a result of illicit or prescribed medication, the medical service provider shall report the full legal name, address, and birth date of the person who is being treated, including any known ancillary evidence of the overdose. The Board of Pharmacy shall coordinate with the Division of Justice and Community Services and the Office of Drug Control Policy regarding the collection of overdose data. (c) (d) The Board of Pharmacy may prescribe by rule promulgated pursuant to 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 of Pharmacy, the administration of the requirements of this section would be facilitated.
(d) (e) Products regulated by the provisions of §60A-10-1 et seq.
(e) (f) Reporting required by this section is not required for a drug administered directly to a patient by a practitioner.
(f) (g) The Board of Pharmacy shall notify a physician prescribing buprenorphine or buprenorphine/naloxone within 60 days of the availability of an abuse deterrent or a practitioner-administered form of buprenorphine or buprenorphine/naloxone if approved by the Food and Drug Administration as provided in FDA Guidance to Industry.
Upon receipt of the notice, a physician may switch their his or her patients using buprenorphine or buprenorphine/naloxone to the abuse deterrent or a practitioner-administered form of the drug.
Provided, That the West Virginia Controlled Substances Monitoring Program Database Review Committee established in §30A-9-5(b) of this section code is authorized to query the database to comply with §30A-9-5(b) of this code.
(2) Subject to the provisions of §60A-9-5(a)(1) of this subsection code, the Board of Pharmacy shall also review the West Virginia Controlled Substances Monitoring Program Database and issue reports that identify abnormal or unusual practices of patients and practitioners with prescriptive authority who exceed parameters as determined by the advisory committee established in this section.
No individual or entity required to report under §60A-9-4 of this article code 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.
(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 subdivision (2) of this subsection §60A-9-5(a)(2) of this code.
(D) Monitor the ability of medical services providers, health care facilities, pharmacists, and pharmacies to meet the 24-hour reporting requirement for the Controlled Substances Monitoring Program set forth in section three of this article §60A-9-3 of this code, and report on the feasibility of requiring real-time reporting.
and (4) Dissemination of these reports at least quarterly to:
and (4) (5) 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.
(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 §60A-9-5 of this code.
(b) (b) UponAll initially prescribing or dispensing any pain-relieving controlled substance for a patient 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 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,and who are licensed by the Board of Medicine as set forth in §30-3-1 et seq., the Board of Registered Professional Nurses as set forth in §30-7-1 et seq., the Board of Dental Examiners as set forth in §30-7-1 et seq., and the Board of Osteopathic Medicine as set forth in §30-14-1 et seq.
shall access the West Virginia Controlled Substances Monitoring Program database for information regarding specific patients.
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 maintained by a private prescriber or any inpatient facility licensed pursuant to the provisions of chapter sixteen of this code.
A pain-relieving controlled substance shall be defined as set forth in §30-3A-1.
(b) 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 §30-3-1 et seq.
(c) The various board boards mentioned in subsection (b) of this section §60A-9-5(b) of this code shall promulgate both emergency and legislative rules pursuant to the provisions of §29A-3-1 et seq.
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- Introduced Introduced Version html
Action History
-
Chapter 46, Acts, Regular Session, 2018
-
Approved by Governor 3/27/18
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To Governor 3/21/18
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Approved by Governor 3/27/18 - House Journal
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Approved by Governor 3/27/18 - Senate Journal
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To Governor 3/21/18 - Senate Journal
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To Governor 3/21/18 - House Journal
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House received Senate message
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Completed legislative action
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Communicated to House
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Senate concurred in House amendments and passed bill (Roll No. 457)
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House Message received
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Communicated to Senate
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Title amendment adopted (Voice vote)
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Passed House (Roll No. 399)
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Read 3rd time
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On 3rd reading, Special Calendar
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Amendment rejected (Roll No. 392)
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Amendment rejected (Roll No. 391)
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Committee amendment adopted (Voice vote)
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Read 2nd time
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Placed at foot of bills on 2nd reading
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On 2nd reading, Special Calendar
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Placed on Special Calender
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On 2nd reading, House Calendar
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Placed on House Calender
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On 2nd reading, Special Calendar
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Read 1st time
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On 1st reading, Special Calendar
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With amendment, do pass
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To House Judiciary
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With amendment, do pass, but first to Judiciary
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To House Health and Human Resources
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To Health and Human Resources then Judiciary
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Introduced in House
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Ordered to House
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Passed Senate with amended title (Roll No. 137)
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Read 3rd time
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Amended on 3rd reading (Voice vote)
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Unanimous consent to amend
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On 3rd reading
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Ferns Floor amendment adopted (Voice vote)
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Baldwin Floor amendment rejected (Roll No. 133)
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Stollings Amendment as amended adopted (Roll No. 132)
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Takubo Amendment to Stollings amendment adopted (Voice vote)
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Stollings Floor amendment reported
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Read 2nd time
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Laid over on 2nd reading 2/14/18
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On 2nd reading
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Read 1st time
-
On 1st reading
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Committee substitute for committee substitute reported
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To Judiciary
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Committee substitute reported, but first to Judiciary
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To Health and Human Resources
-
Introduced in Senate
-
To Health and Human Resources then Judiciary
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Filed for introduction
Sponsors
- Prezioso · Cosponsor
- Carmichael · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 1 co-sponsors · 150 not signed on · 21 voted No
Sponsors (1)
- Carmichael
Co-sponsors (1)
- Prezioso
Not signed on (150)
150 members have not signed on to this bill.
Show all 150 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 68 | 0 | 0 | 1 |
| Republican | 25 | 1 | 0 | 0 |
| Democrat | 4 | 0 | 0 | 0 |
| Total | 97 | 1 | 0 | 1 |
| % of votes cast | 98% | 1% | 0% | 1% |
How each member voted (99)
| Member | Party | Vote |
|---|---|---|
| Lane | — | Yea |
| Romine, C. | — | Yea |
| Romine, R. | — | Yea |
| Foster | — | Yea |
| Blair | — | Yea |
| Martin | — | Yea |
| Maynard | — | Yea |
| Sypolt | — | Yea |
| Thompson | — | Yea |
| Hartman | — | Yea |
| Nelson | — | Yea |
| Atkinson | — | Yea |
| Bates | — | Yea |
| Boggs | — | Yea |
| Byrd | — | Yea |
| Capito | — | Yea |
| Caputo | — | Yea |
| Ferro | — | Yea |
| Folk | — | Yea |
| Frich | — | Yea |
| Graves | — | Yea |
| Harshbarger | — | Yea |
| Higginbotham | — | Yea |
| Kessinger | — | Yea |
| Longstreth | — | Yea |
| Lovejoy | — | Yea |
| Marcum | — | Yea |
| Overington | — | Yea |
| Shott | — | Yea |
| Sobonya | — | Yea |
| Storch | — | Yea |
| Summers | — | Yea |
| Upson | — | Yea |
| Wagner | — | Yea |
| Diserio | — | Yea |
| Phillips | — | Yea |
| Speaker Armstead | — | Yea |
| Evans, A. | — | Yea |
| Evans, E. | — | Yea |
| Deem | — | Not Voting |
| Espinosa | — | Yea |
| Hill | — | Yea |
| Householder | — | Yea |
| Iaquinta | — | Yea |
| Isner | — | Yea |
| Pack | — | Yea |
| Paynter | — | Yea |
| Pyles | — | Yea |
| Robinson | — | Yea |
| Rodighiero | — | Yea |
| Westfall | — | Yea |
| Ambler | — | Yea |
| Brewer | — | Yea |
| Canestraro | — | Yea |
| Cowles | — | Yea |
| Fast | — | Yea |
| Fleischauer | — | Yea |
| Hamrick | — | Yea |
| Hicks | — | Yea |
| Hollen | — | Yea |
| Love | — | Yea |
| Lynch | — | Yea |
| Miley | — | Yea |
| Moye | — | Yea |
| Pethtel | — | Yea |
| Rowan | — | Yea |
| Rowe | — | Yea |
| Sponaugle | — | Yea |
| Wilson | — | Yea |
| John Williams | Democrat | Yea |
| Mike Pushkin | Democrat | Yea |
| Sean Hornbuckle | Democrat | Yea |
| Shawn Fluharty | Democrat | Yea |
| Ben Queen | Republican | Yea |
| Betsy Kelly | Republican | Yea |
| Bill Hamilton | Republican | Yea |
| D. Rolland Jennings | Republican | Yea |
| Erica Moore | Republican | Yea |
| Gary G. Howell | Republican | Yea |
| George Miller | Republican | Yea |
| George Miller | Republican | Yea |
| Guy Ward | Republican | Yea |
| Jason Barrett | Republican | Yea |
| Jeff Campbell | Republican | Yea |
| Jeff Eldridge | Republican | Yea |
| Jim Butler | Republican | Yea |
| Joe Ellington | Republican | Yea |
| Joe Statler | Republican | Yea |
| Lisa White | Republican | Yea |
| Mark Dean | Republican | Yea |
| Mark Zatezalo | Republican | Yea |
| Marty Gearheart | Republican | Yea |
| Matthew Rohrbach | Republican | Yea |
| Pat McGeehan | Republican | Nay |
| Roger Hanshaw | Republican | Yea |
| Roy Cooper | Republican | Yea |
| Stanley Adkins | Republican | Yea |
| Vernon Criss | Republican | Yea |
| William Anderson | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 28 | 41 | 0 | 1 |
| Republican | 5 | 21 | 0 | 0 |
| Democrat | 4 | 0 | 0 | 0 |
| Total | 37 | 62 | 0 | 1 |
| % of votes cast | 37% | 62% | 0% | 1% |
How each member voted (100)
| Member | Party | Vote |
|---|---|---|
| Foster | — | Nay |
| Lane | — | Nay |
| Martin | — | Nay |
| Maynard | — | Nay |
| Blair | — | Nay |
| Sypolt | — | Nay |
| Nelson | — | Nay |
| Walters | — | Nay |
| Phillips | — | Nay |
| Evans, A. | — | Nay |
| Romine, C. | — | Nay |
| Speaker Armstead | — | Nay |
| Romine, R. | — | Nay |
| Evans, E. | — | Yea |
| Hartman | — | Yea |
| Atkinson | — | Nay |
| Bates | — | Yea |
| Boggs | — | Yea |
| Byrd | — | Yea |
| Cowles | — | Nay |
| Deem | — | Not Voting |
| Espinosa | — | Nay |
| Fast | — | Nay |
| Folk | — | Nay |
| Frich | — | Nay |
| Hamrick | — | Nay |
| Harshbarger | — | Nay |
| Higginbotham | — | Nay |
| Hollen | — | Nay |
| Householder | — | Nay |
| Isner | — | Nay |
| Lynch | — | Yea |
| Marcum | — | Yea |
| Overington | — | Nay |
| Pack | — | Nay |
| Robinson | — | Yea |
| Rowan | — | Nay |
| Rowe | — | Yea |
| Sobonya | — | Nay |
| Storch | — | Nay |
| Summers | — | Nay |
| Upson | — | Nay |
| Wagner | — | Nay |
| Westfall | — | Nay |
| Thompson | — | Yea |
| Diserio | — | Yea |
| Hicks | — | Yea |
| Paynter | — | Yea |
| Pethtel | — | Yea |
| Pyles | — | Yea |
| Ambler | — | Nay |
| Brewer | — | Yea |
| Canestraro | — | Yea |
| Capito | — | Nay |
| Caputo | — | Yea |
| Ferro | — | Yea |
| Fleischauer | — | Yea |
| Graves | — | Nay |
| Hill | — | Nay |
| Iaquinta | — | Yea |
| Kessinger | — | Nay |
| Longstreth | — | Yea |
| Love | — | Yea |
| Lovejoy | — | Yea |
| Miley | — | Yea |
| Moye | — | Yea |
| Rodighiero | — | Yea |
| Shott | — | Nay |
| Sponaugle | — | Yea |
| Wilson | — | Nay |
| John Williams | Democrat | Yea |
| Mike Pushkin | Democrat | Yea |
| Sean Hornbuckle | Democrat | Yea |
| Shawn Fluharty | Democrat | Yea |
| Ben Queen | Republican | Nay |
| Betsy Kelly | Republican | Nay |
| Bill Hamilton | Republican | Nay |
| D. Rolland Jennings | Republican | Nay |
| Erica Moore | Republican | Nay |
| Gary G. Howell | Republican | Nay |
| George Miller | Republican | Nay |
| George Miller | Republican | Yea |
| Guy Ward | Republican | Yea |
| Jason Barrett | Republican | Yea |
| Jeff Campbell | Republican | Yea |
| Jeff Eldridge | Republican | Yea |
| Jim Butler | Republican | Nay |
| Joe Ellington | Republican | Nay |
| Joe Statler | Republican | Nay |
| Lisa White | Republican | Nay |
| Mark Dean | Republican | Nay |
| Mark Zatezalo | Republican | Nay |
| Marty Gearheart | Republican | Nay |
| Matthew Rohrbach | Republican | Nay |
| Pat McGeehan | Republican | Nay |
| Roger Hanshaw | Republican | Nay |
| Roy Cooper | Republican | Nay |
| Stanley Adkins | Republican | Nay |
| Vernon Criss | Republican | Nay |
| William Anderson | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 26 | 39 | 0 | 5 |
| Republican | 6 | 20 | 0 | 0 |
| Democrat | 4 | 0 | 0 | 0 |
| Total | 36 | 59 | 0 | 5 |
| % of votes cast | 36% | 59% | 0% | 5% |
How each member voted (100)
| Member | Party | Vote |
|---|---|---|
| Romine, R. | — | Nay |
| Foster | — | Nay |
| Lane | — | Nay |
| Martin | — | Nay |
| Maynard | — | Nay |
| Blair | — | Nay |
| Nelson | — | Nay |
| Sypolt | — | Nay |
| Phillips | — | Nay |
| Atkinson | — | Nay |
| Capito | — | Nay |
| Cowles | — | Nay |
| Folk | — | Nay |
| Frich | — | Nay |
| Graves | — | Nay |
| Hamrick | — | Nay |
| Harshbarger | — | Nay |
| Higginbotham | — | Nay |
| Hollen | — | Nay |
| Householder | — | Nay |
| Kessinger | — | Nay |
| Pack | — | Nay |
| Paynter | — | Nay |
| Rowan | — | Nay |
| Shott | — | Nay |
| Storch | — | Nay |
| Summers | — | Nay |
| Upson | — | Nay |
| Wagner | — | Nay |
| Evans, A. | — | Nay |
| Speaker Armstead | — | Nay |
| Romine, C. | — | Nay |
| Walters | — | Not Voting |
| Evans, E. | — | Yea |
| Hartman | — | Yea |
| Thompson | — | Yea |
| Diserio | — | Yea |
| Boggs | — | Yea |
| Brewer | — | Yea |
| Canestraro | — | Yea |
| Caputo | — | Yea |
| Fast | — | Nay |
| Hicks | — | Yea |
| Isner | — | Yea |
| Love | — | Yea |
| Lovejoy | — | Yea |
| Marcum | — | Not Voting |
| Miley | — | Yea |
| Pethtel | — | Yea |
| Robinson | — | Yea |
| Rodighiero | — | Yea |
| Rowe | — | Yea |
| Sponaugle | — | Yea |
| Wilson | — | Not Voting |
| Ambler | — | Nay |
| Bates | — | Yea |
| Byrd | — | Not Voting |
| Deem | — | Not Voting |
| Espinosa | — | Nay |
| Ferro | — | Yea |
| Fleischauer | — | Yea |
| Hill | — | Nay |
| Iaquinta | — | Yea |
| Longstreth | — | Yea |
| Lynch | — | Yea |
| Moye | — | Yea |
| Overington | — | Nay |
| Pyles | — | Yea |
| Sobonya | — | Nay |
| Westfall | — | Nay |
| John Williams | Democrat | Yea |
| Mike Pushkin | Democrat | Yea |
| Sean Hornbuckle | Democrat | Yea |
| Shawn Fluharty | Democrat | Yea |
| Ben Queen | Republican | Nay |
| Betsy Kelly | Republican | Nay |
| Bill Hamilton | Republican | Yea |
| D. Rolland Jennings | Republican | Nay |
| Erica Moore | Republican | Nay |
| Gary G. Howell | Republican | Nay |
| George Miller | Republican | Nay |
| George Miller | Republican | Yea |
| Guy Ward | Republican | Yea |
| Jason Barrett | Republican | Yea |
| Jeff Campbell | Republican | Yea |
| Jeff Eldridge | Republican | Yea |
| Jim Butler | Republican | Nay |
| Joe Ellington | Republican | Nay |
| Joe Statler | Republican | Nay |
| Lisa White | Republican | Nay |
| Mark Dean | Republican | Nay |
| Mark Zatezalo | Republican | Nay |
| Marty Gearheart | Republican | Nay |
| Matthew Rohrbach | Republican | Nay |
| Pat McGeehan | Republican | Nay |
| Roger Hanshaw | Republican | Nay |
| Roy Cooper | Republican | Nay |
| Stanley Adkins | Republican | Nay |
| Vernon Criss | Republican | Nay |
| William Anderson | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 30 | 0 | 0 | 1 |
| Republican | 3 | 0 | 0 | 0 |
| Total | 33 | 0 | 0 | 1 |
| % of votes cast | 97% | 0% | 0% | 3% |
How each member voted (34)
| Member | Party | Vote |
|---|---|---|
| ARVON | — | Yea |
| GAUNCH | — | Yea |
| RUCKER | — | Yea |
| JEFFRIES | — | Yea |
| SMITH | — | Yea |
| BALDWIN | — | Yea |
| KARNES | — | Yea |
| STOLLINGS | — | Yea |
| BEACH | — | Yea |
| MANN | — | Yea |
| SWOPE | — | Yea |
| BLAIR | — | Yea |
| MARONEY | — | Not Voting |
| SYPOLT | — | Yea |
| BOLEY | — | Yea |
| MAYNARD | — | Yea |
| TAKUBO | — | Yea |
| BOSO | — | Yea |
| OJEDA | — | Yea |
| TRUMP | — | Yea |
| PALUMBO | — | Yea |
| UNGER | — | Yea |
| CLINE | — | Yea |
| PLYMALE | — | Yea |
| WELD | — | Yea |
| PREZIOSO | — | Yea |
| WOELFEL | — | Yea |
| FACEMIRE | — | Yea |
| ROMANO | — | Yea |
| MR PRESIDENT | — | Yea |
| FERNS | — | Yea |
| Charles H. Clements | Republican | Yea |
| Mike Azinger | Republican | Yea |
| Sarah Drennan | Republican | Yea |
Subjects
Frequently asked questions
- Who sponsors SB 273?
- SB 273 is sponsored by Prezioso and Carmichael.
- What is the current status of SB 273?
- This bill has been enacted into law. Introduced January 15, 2018. Enacted.
- Where can I track SB 273?
- Track SB 273 free on One Click Politics — get push/email alerts when it moves.
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