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Home » US Law » 2022 West Virginia Code » Chapter 30. Professions and Occupations » Article 5. Pharmacists, Pharmacy Technicians, Pharmacy Interns and Pharmacies

§30-5-26. Filling of Prescriptions More Than One Year After Issuance

A prescription order may not be dispensed after twelve months from the date of issuance by the practitioner. A pharmacist may fill the prescription after twelve months if the prescriber confirms to the pharmacist that he or she still wants the prescription filled and the pharmacist documents upon the prescription that the confirmation was obtained.

§30-5-27. Partial Filling of Prescriptions

(a) The partial filling of a prescription is permissible for any prescription if the pharmacist is unable to supply, or the patient requests less than the full quantity called for in a written, electronic, or oral prescription, provided the pharmacist makes a notation of the quantity supplied on either the written prescription or in the […]

§30-5-29. Limitations of Article

(a) This article may not be construed to prevent, restrict or in any manner interfere with the sale of nonnarcotic nonprescription drugs which may be lawfully sold without a prescription in accordance with the United States Food, Drug and Cosmetic Act or the laws of this state, nor may any legislative rule be adopted by […]

§30-5-3. Applicable Law

The practices authorized under the provisions of this article and the Board of Pharmacy are subject to article one of this chapter, the provisions of this article, and any rules promulgated pursuant this article.

§30-5-30. Actions to Enjoin Violations

(a) If the board obtains information that any person has engaged in, is engaging in or is about to engage in any act which constitutes or will constitute a violation of the provisions of this article, the rules promulgated pursuant to this article, or a final order or decision of the board, it may issue […]

§30-5-32. Procedures for Hearing; Right of Appeal

(a) Hearings are governed by the provisions of section eight, article one of this chapter. (b) The board may conduct the hearing or elect to have an administrative law judge conduct the hearing. (c) If the hearing is conducted by an administrative law judge, at the conclusion of a hearing he or she shall prepare […]

§30-5-33. Judicial Review

Any person adversely affected by a decision of the board entered after a hearing may obtain judicial review of the decision in accordance with section four, article five, chapter twenty-nine-a of this code, and may appeal any ruling resulting from judicial review in accordance with article six, chapter twenty-nine-a of this code.

§30-5-34. Criminal Offenses

(a) When, as a result of an investigation under this article or otherwise, the board has reason to believe that a person authorized under this article has committed a criminal offense under this article, the board may bring its information to the attention of an appropriate law-enforcement official. (b) Any person who intentionally practices, or […]

§30-5-35. Conversion of Prescriptions Authorizing Refills

(a) If a prescription authorizes a drug to be dispensed by refilling the prescription one or more times and the total quantity of the drug does not exceed a 90-day supply of the drug, a pharmacist who is filling or refilling the prescription may dispense a quantity of the drug that varies from the quantity […]

§30-5-36. Emergency Prescriptions for Life-Sustaining Medication

(a) A pharmacist may distribute or sell a dangerous drug, other than a schedule II-controlled substance as defined in §60A-2-206, without a written or oral prescription from a licensed health professional authorized to prescribe drugs if all the following conditions are met: (1) The pharmacy at which the pharmacist works has a record of a […]

§30-5-4. Definitions

As used in this article: “Ambulatory health care facility” includes any facility defined in 16-5B-1 et seq. of this code, that also has a pharmacy, offers pharmacist care, or is otherwise engaged in the practice of pharmacist care. “Active Ingredients” means chemicals, substances, or other components of articles intended for use in the diagnosis, cure, […]

§30-5-5. West Virginia Board of Pharmacy

(a) The West Virginia Board of Pharmacy is continued. The members of the board in office on July 1, 2013, shall, unless sooner removed, continue to serve until their respective terms expire and until their successors have been appointed and qualified. (b) The Governor, by and with the advice and consent of the Senate, shall […]

§30-5-6. Powers and Duties of the Board

(a) (1) The board has all the powers and duties set forth in this article, by rule, in §30-1-1 et seq. of this code and elsewhere in law, including the power to: (2) Hold meetings;

§30-5-7. Rule-Making Authority

(a) The board shall propose rules for legislative approval, in accordance with the provisions of 29A-3-1 et seq. of this code, to implement the provisions of this article and 60A-2-201 et seq., 60A-3-301 et seq., 60A-8-1 et seq., 60A-9-1 et seq., and 60A-10-1 et seq. of this code, including: (1) Standards and requirements for a […]

§30-5-8. Fees; Special Revenue Account; Administrative Fines

(a) All fees and other moneys, except fines, received by the board shall be deposited in a separate special revenue fund in the State Treasury designated the "Board of Pharmacy Fund", which fund is continued. The fund is used by the board for the administration of this article. Except as may be provided in article […]