CHARLESTON -- A series of bills introduced Wednesday in the state Senate aim to improve the effectiveness of a database that tracks the prescribing of controlled substances.

The West Virginia Controlled Substance Monitoring Program database is a powerful tool for curbing doctor shopping and the use of prescription drugs for reasons other than their intended purpose, said Sen. Evan Jenkins, D-Cabell. But laws governing who can view the database and who is required to report information need to be tweaked, he said.

Jenkins and Sen. Ron Stollings, D-Boone, are spearheading three pieces of legislation regarding the database. The first (SB 363) requires methadone treatment facilities to report take-home doses prescribed to their patients. The second (SB 364) gives the Chief Medical Examiner's Office access to the database. The third (SB 365) requires all retail pharmacies to allow their pharmacists to access the database.

The bills fall within a package of 11 pieces of legislation that Jenkins and Stollings have crafted to address prescription drug abuse, fraud and diversion.

Seven of the bills already have been introduced. They range from creating uniform tamper-resistant prescription pads to codifying the Partnership to Promote Community Well-Being, a substance abuse prevention planning body, into state law.

Improving the database was one of the talking points last week during the Fourth Annual Cabell County Drug Prevention Summit. Many groups -- probation and law enforcement officers among them -- said they should have access to it.

Jenkins said the discussion reaffirmed to him that the proposed legislation is a step in the right direction. But giving access to more people requires greater scrutiny, he said.

"We will be challenged from a policy standpoint as to who should have access," he said. "We have to strike a careful balance because we know how important confidentiality in health care should be."

The database was created in 1995 and was put into an electronic format in 2002. It is administered by the West Virginia Board of Pharmacy.

State law requires anyone dispensing controlled substances to a patient in supplies that are intended to last longer than 72 hours to report it to the database, said Dave Potters, executive director and general counsel for the Board of Pharmacy.

State law limits access of the database to pharmacists and anyone who can prescribe controlled substances, certain law enforcement officers, certain licensing boards and anyone with an enforceable court order or regulatory agency administrative subpoena.

The Board of Pharmacy supports the proposed legislation, particularly the measure requiring retail pharmacies to let their pharmacists access the database, Potters said. The Board of Pharmacy has discussed making the change under its rule-making authority, he said.

At least one-third of the retail pharmacies in the state restrict their employees from accessing the Internet during work hours, Potters said. Without online access, they cannot view the database, he said.

Stollings, a Boone County physician, said requiring methadone clinics to report take-home doses is critical because the opiate-blocking drug can have dangerous health consequences when mixed with other medications.

"I might have 20 patients taking methadone, but how am I supposed to know that if it's not being reported?" Stollings said. "Its effect on the body can be enhanced by taking a simple antibiotic."

Legislation giving the Chief Medical Examiner's Office access to the database will allow the office to operate more efficiently, Potters said. The office now must obtain a court order or administrative subpoena to view it, he said.

Improving the database is just one aspect of tackling substance abuse as a whole, Jenkins said. During the Senate's floor session Wednesday, Jenkins, Stollings and Sen. Bob Plymale, D-Wayne, spoke of the need for lawmakers to develop a multi-faceted approach to combating substance abuse.

Stollings said that according to state corrections officials, 75 to 80 percent of those incarcerated are there for drug-related offenses.

"The societal costs are staggering," he said.

Jenkins said lawmakers need to find a way to fund substance abuse prevention, treatment and recovery efforts.

Plymale said drug problems in Cabell and Wayne counties have reached epidemic proportions.

"If you don't understand what this does to families, it's pretty amazing," he said. "It affects many, many people."

National Video

Mark Webb/The Herald-Dispatch

Oxycontin 80's are a commonly abused prescription pill.