§30-5-1. Short Title
This article shall be known as and may be cited as the "The Larry W. Border Pharmacy Practice Act".
§30-5-10. Scope Practice for Licensed Pharmacist;
(a) A licensed pharmacist may: (1) Provide care related to the interpretation, evaluation, and implementation of medical orders;
§30-5-11. Registration of Pharmacy Technicians
(a) To be eligible for registration as a pharmacy technician to assist in the practice of pharmacist care, the applicant shall: (1) Submit a written application to the board;
§30-5-11a. Pharmacy Technician Trainee Qualifications
(a) To be eligible for registration as a pharmacy technician trainee to assist in the practice of pharmacist care, the applicant shall: (1) Submit a written application to the board;
§30-5-12. Scope Practice for Registered Pharmacy Technician
(a) A registered pharmacy technician shall, under the direct supervision of the licensed pharmacist, perform at a minimum the following: (1) Assist in the dispensing process;
§30-5-12b. Definitions; Selection of Generic Drug Products; Exceptions; Records; Labels; Manufacturing Standards; Rules; Notice of Substitution; Complaints; Notice and Hearing; Immunity
(a) As used in this section: (1) “Brand name” means the proprietary or trade name selected by the manufacturer and placed upon a drug or drug product, its container, label, or wrapping at the time of packaging.
§30-5-12c. Substitution of Biological Product: Definitions; Selection of Interchangeable Biological Products; Exceptions; Records; Labels; Manufacturing Standards; Emergency Rules; Complaints; and Immunity
(a) As used in this section: “Biological product” means the same as that term is defined in 42 U.S.C.§ 262. “Brand name” means the proprietary or trade name selected by the manufacturer and placed upon a drug or drug product, its container, label, or wrapping at the time of packaging. “Interchangeable biological product” means a […]
§30-5-13. Pharmacist Interns
(a) To be eligible for a license to assist in the practice of pharmacist care as a pharmacy intern, the applicant shall be: (1) Enrolled and progressing to obtain a degree in a professional degree program of a school or college of pharmacy that has been approved by the board, and is satisfactorily progressing toward […]
§30-5-14. Prohibiting the Dispensing of Prescription Orders in Absence of Practitioner-Patient Relationship
A pharmacist may not compound or dispense any prescription order when he or she has knowledge that the prescription was issued by a practitioner without establishing a valid practitioner-patient relationship. An online or telephonic evaluation by questionnaire, or an online or telephonic consultation, is inadequate to establish a valid practitioner-patient relationship: Provided, That this prohibition […]
§30-5-15. Reciprocal Licensure of Pharmacists From Other States or Countries
(a) The board may by reciprocity license pharmacists in this state who have been authorized to practice pharmacist care in another state: Provided, That the applicant for licensure meets the requirements of the rules for reciprocity promulgated by the board in accordance with the provisions of chapter twenty-nine-a of this code: Provided, however, That reciprocity […]
§30-5-16. Renewal Requirements
(a) All persons regulated by this article shall annually or biannually, renew his or her board authorization by completing a form prescribed by the board and submitting any other information required by the board. (b) The board shall charge a fee for each renewal of an board authorization and shall charge a late fee for […]
§30-5-17. Special Volunteer Pharmacist License; Civil Immunity for Voluntary Services Rendered to Indigents
(a) There is a special volunteer pharmacist license for pharmacists retired or retiring from the active practice of pharmacist care who wish to donate their expertise for the pharmacist care and treatment of indigent and needy patients in the clinical setting of clinics organized, in whole or in part, for the delivery of health care […]
§30-5-18. Pharmacist Requirements to Participate in a Collabora-Tive Pharmacy Practice Agreement
For a pharmacist to participate in a collaborative pharmacy practice agreement, the pharmacist shall: (a) Have an unrestricted and current license to practice as a pharmacist in West Virginia; (b) Personally have or have employer coverage of at least $1 million of professional liability insurance coverage; (c) Meet one of the following qualifications, at a […]
§30-5-19. Collaborative Pharmacy Practice Agreement and Practice Notification
(a) A pharmacist engaging in collaborative pharmacy practice shall have on file at his or her place of practice the collaborative pharmacy practice agreement. The existence and subsequent termination of the agreement and any additional information the rules may require concerning the agreement, including the agreement itself, shall be made available to the appropriate licensing […]
§30-5-2. Unlawful Acts
(a) It is unlawful for any person in this state to practice or offer to practice pharmacist care without a license pursuant to the provisions of this article; or to practice or offer to assist in the practice of pharmacist care without being registered pursuant to the provisions of this article. Further, it is unlawful […]
§30-5-20. Board Authorizations Shall Be Displayed
(a) The board shall prescribe the form for an board authorization, and may issue a duplicate upon payment of a fee. (b) Any person regulated by the article shall conspicuously display his or her board authorization at his or her principal business location.
§30-5-21. Responsibility for Quality of Drugs Dispensed; Exception; Falsification of Labels; Deviation From Prescription
(a) All persons, whether licensed pharmacists or not, shall be responsible for the quality of all drugs, chemicals and medicines they may sell or dispense, with the exception of those sold in or dispensed unchanged from the original retail package of the manufacturer, in which event the manufacturer shall be responsible. (b) Except as provided […]
§30-5-22. Pharmacies to Be Registered
(a) A pharmacy, an ambulatory health care facility, and a charitable clinic pharmacy shall register with the board. (b) A person desiring to operate, maintain, open or establish a pharmacy shall register with the board. (c) To be eligible for a registration to operate, maintain, open or establish a pharmacy the applicant shall: (1) Submit […]
§30-5-23. Pharmacist-in-Charge
(a) A pharmacy shall be under the direction and supervision of a licensed pharmacist who shall be designated by the owner of the pharmacy as the pharmacist-in-charge: Provided, That the Board may permit by rule for a charitable clinic pharmacy to be supervised by a committee of pharmacists-in-charge who accept as a group the responsibilities […]
§30-5-24. Permits for Mail-Order Pharmacy
(a) A mail-order pharmacy which dispenses drugs shall register with the board. (b) A mail-order pharmacy shall submit an application for a permit to the board. The application shall require the following information: (1) The owner of the mail-order pharmacy, whether an individual, a partnership, or a corporation.