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West Virginia Introduces Legislation to Require $55,000 Opioid License Fee, Additional Product Registration Fee, and Controlled Substance Distribution Reporting

February 24, 2020

The West Virginia Senate has introduced Senate Bill 763 ("S.B. 763"). S.B. 763 would require manufacturers and wholesalers that sell or distribute opioid medication in the state to submit to the Board of Pharmacy ("Board") the same information submitted to the U.S. Drug Enforcement Administration's ("DEA") Automation of Reports and Consolidated Orders System at the time it is submitted to the DEA.

Additionally, S.B. 763 would require opioid manufacturers to pay an annual license fee of $55,000 to the Board. Manufacturers that sell, deliver, or distribute an opioid medication in West Virginia would further be required to pay a $250,000 annual opioid medication product registration fee to the Board for each opioid medication sold, delivered, or distributed in the state. The license fee and the product registration fee would be used to support the Opioid Use Disorder Prevention and Treatment Fund, also established by S.B. 763.

The $55,000 licensing fee would not apply to a manufacturer if all of its opioids are approved for use only in veterinary medicine. Opioid manufacturers demonstrating that 2 million or more opioid medication units were not sold, delivered, or distributed in West Virginia would be exempt from paying the $250,000 product registration fee.

For more information, and to view a copy of S.B. 763, please visit West Virginia's Pending Legislation section of the Distribution: Trade and Sample Controlled Substances Database.

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