Bill Text: WV HB4395 | 2020 | Regular Session | Introduced
Bill Title: Removing the requirement that a veterinarian access and report to the controlled substance monitoring database
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Vetoed) 2020-03-25 - Vetoed by Governor 3/25/20 [HB4395 Detail]
Download: West_Virginia-2020-HB4395-Introduced.html
WEST virginia legislature
2020 regular session
Introduced
House Bill 4395
By Delegates Summers and Longstreth
[Introduced January 17, 2020; Referred to the Committee on Health and Human Resources]
A BILL amend and reenact §60A-1-101 of the Code of West Virginia, 1931, as amended, relating removing the requirement that veterinarians access and report to the controlled substance monitoring database.
Be it enacted by the Legislature of West Virginia:
ARTICLE 1. DEFINITIONS.
§60A-1-101. Definitions.
As used in this act:
(a) “Administer” means the direct application of a
controlled substance whether by injection, inhalation, ingestion or any other
means to the body of a patient or research subject by:
(1) A practitioner (or, in his or her presence, by his or her authorized agent); or
(2) The patient or research subject at the direction and in the presence of the practitioner.
(b) “Agent” means an authorized person who acts on behalf
of or at the direction of a manufacturer, distributor or dispenser. It does not
include a common or contract carrier, public warehouseman or employee of the
carrier or warehouseman.
(c) “Analogue” means a substance that, in relation to a
controlled substance, has a substantially similar chemical structure.
(d) “Bureau” means the “Bureau of Narcotics and Dangerous
Drugs, United States Department of Justice” or its successor agency.
(e) “Controlled substance” means a drug, substance or
immediate precursor in Schedules I through V of article two of this chapter.
(f) “Counterfeit substance” means a controlled substance
which, or the container or labeling of which, without authorization, bears the
trademark, trade name or other identifying mark, imprint, number or device, or
any likeness thereof, of a manufacturer, distributor or dispenser other than
the person who in fact manufactured, distributed or dispensed the substance.
(g) “Imitation controlled substance” means: (1) A
controlled substance which is falsely represented to be a different controlled
substance; (2) a drug or substance which is not a controlled substance but
which is falsely represented to be a controlled substance; or (3) a controlled
substance or other drug or substance or a combination thereof which is shaped,
sized, colored, marked, imprinted, numbered, labeled, packaged, distributed or
priced so as to cause a reasonable person to believe that it is a controlled
substance.
(h) “Deliver” or “delivery” means the actual,
constructive or attempted transfer from one person to another of: (1) A
controlled substance, whether or not there is an agency relationship; (2) a
counterfeit substance; or (3) an imitation controlled substance.
(i) “Dispense” means to deliver a controlled substance to
an ultimate user or research subject by or pursuant to the lawful order of a
practitioner, including the prescribing, administering, packaging, labeling or
compounding necessary to prepare the substance for that delivery.
(j) “Dispenser” means a practitioner who dispenses.
(k) “Distribute” means to deliver, other than by
administering or dispensing, a controlled substance, a counterfeit substance or
an imitation controlled substance.
(l) “Distributor” means a person who distributes.
(m) “Drug” means: (1) Substances recognized as drugs in
the official “United States Pharmacopoeia, official Homeopathic Pharmacopoeia
of the United States or official National Formulary”, or any supplement to any
of them; (2) substances intended for use in the diagnosis, cure, mitigation,
treatment or prevention of disease in man or animals; (3) substances (other
than food) intended to affect the structure or any function of the body of man
or animals; and (4) substances intended for use as a component of any article
specified in subdivision (1), (2) or (3) of this subdivision. It does not
include devices or their components, parts or accessories.
(n) “Fentanyl analog or derivative” means any substance
which has a chemical structure which is substantially similar to the chemical
structure of fentanyl, including any of its salts, isomers, or salts of
isomers, including any chemical compound or mixture. For purposes of this
chapter, the term “fentanyl derivative or analog” includes any fentanyl analog
that is not otherwise scheduled in this chapter.
(o) “Immediate derivative” means a substance which is the
principal compound or any analogue of the parent compound manufactured from a
known controlled substance primarily for use and which has equal or similar
pharmacologic activity as the parent compound which is necessary to prevent,
curtail or limit manufacture.
(p) “Immediate precursor” means a substance which is the
principal compound commonly used or produced primarily for use and which is an
immediate chemical intermediary used or likely to be used in the manufacture of
a controlled substance, the control of which is necessary to prevent, curtail
or limit manufacture.
(q) “Manufacture” means the production, preparation,
propagation, compounding, conversion or processing of a controlled substance,
either directly or indirectly or by extraction from substances of natural
origin, or independently by means of chemical synthesis, or by a combination of
extraction and chemical synthesis, and includes any packaging or repackaging of
the substance or labeling or relabeling of its container, except that this term
does not include the preparation, compounding, packaging or labeling of a
controlled substance:
(1) By a practitioner as an incident to his or her administering or dispensing of a controlled substance in the course of his or her professional practice; or
(2) By a practitioner, or by his or her authorized agent under his or her supervision, for the purpose of, or as an incident to, research, teaching or chemical analysis and not for sale.
(r) “Marijuana” means all parts of the plant “Cannabis
sativa L.”, whether growing or not; the seeds thereof; the resin extracted from
any part of the plant; and every compound, manufacture, salt, immediate
derivative, mixture or preparation of the plant, its seeds or resin. It does
not include the mature stalks of the plant, fiber produced from the stalks, oil
or cake made from the seeds of the plant, any other compound, manufacture,
salt, immediate derivative, mixture or preparation of the mature stalks (except
the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of
the plant which is incapable of germination.
(s) “Narcotic drug” means any of the following, whether
produced directly or indirectly by extraction from substances of vegetable
origin or independently by means of chemical synthesis, or by a combination of
extraction and chemical synthesis:
(1) Opium and opiate and any salt, compound, immediate derivative or preparation of opium or opiate.
(2) Any salt, compound, isomer, immediate derivative or preparation thereof which is chemically equivalent or identical with any of the substances referred to in paragraph (1) of this subdivision, but not including the isoquinoline alkaloids of opium.
(3) Opium poppy and poppy straw.
(4) Coca leaves and any salt, compound, immediate derivative or preparation of coca leaves and any salt, compound, isomer, immediate derivative or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions of coca leaves which do not contain cocaine or ecgonine.
(t) “Opiate” means any substance having an
addiction-forming or addiction-sustaining liability similar to morphine or
being capable of conversion into a drug having addiction-forming or
addiction-sustaining liability. It does not include, unless specifically
designated as controlled under section two hundred one, article two of this
chapter, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts
(dextromethorphan). It does not include its racemic and levorotatory forms.
(u) “Opium poppy” means the plant of the species “Papaver
somniferum L.”, except its seeds.
(v) “Person” means individual, corporation, government or
governmental subdivision or agency, business trust, estate, trust, partnership
or association, or any other legal entity.
(w) “Placebo” means an inert medicament or preparation
administered or dispensed for its psychological effect, to satisfy a patient or
research subject or to act as a control in experimental series.
(x) “Poppy straw” means all parts, except the seeds, of
the opium poppy after mowing.
(y) “Practitioner” means:
(1) A physician, dentist, veterinarian
scientific investigator or other person licensed, registered or otherwise permitted
to distribute, dispense, conduct research with respect to, or to administer a
controlled substance in the course of professional practice or research in this
state.
(2) A pharmacy, hospital or other institution licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this state.
(z) “Production” includes the manufacture, planting,
cultivation, growing or harvesting of a controlled substance.
(aa) “State”, when applied to a part of the United States,
includes any state, district, commonwealth, territory, insular possession
thereof and any area subject to the legal authority of the United States of
America.
(bb) “Ultimate user” means a person who lawfully possesses
a controlled substance for his or her own use or for the use of a member of his
or her household or for administering to an animal owned by him or her or by a
member of his or her household.
NOTE: The purpose of this bill is to remove the requirement that a veterinarian access and report to the controlled substance monitoring database.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
