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WV Code § 30-4A-13 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 4A. Administration of Anesthesia by Dentists|§30-4A-13. Issuance of Regular Annual Permits

Upon the recommendation of the subcommittee, the board shall issue permits to applicable dentists. An anesthesia permit shall be renewed annually: Provided, That the permittee meets the requirements of this article and has not been subject to disciplinary action prohibiting issuance of the permit.
WV Code § 30-4A-14 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 4A. Administration of Anesthesia by Dentists|§30-4A-14. Waiting Period for Reapplication or Reinspection of Facilities

A dentist whose application has been denied for failure to satisfy the requirements in the application procedure or the on-site evaluation shall wait thirty days from the date of the denial prior to reapplying and shall submit to another on-site evaluation prior to receiving a permit. The board and the subcommittee shall promptly reinspect the applicant dentist's facilities, techniques, equipment and personnel within ninety days after the applicant has made reapplication.
WV Code § 30-4A-15 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 4A. Administration of Anesthesia by Dentists|§30-4A-15. Application and Annual Renewal of Regular Permits; Fees

The board shall require an initial application fee and an annual renewal fee for Class 2, Class 3 and 4 Permits. Permits expire annually. The board shall renew permits for the use of anesthesia after the permittee satisfies the application for renewal.
WV Code § 30-4A-16 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 4A. Administration of Anesthesia by Dentists|§30-4A-16. Violations of Article; Penalties for Practicing Anesthesia Without a Permit

Violations of any of the provisions of this article, whether intentional or unintentional, may result in the revocation or suspension of the dentist's permit to administer anesthesia; multiple or repeated violations or gross infractions, such as practicing anesthesia without a valid permit may result in suspension of the dentist's license to practice dentistry for up to one year as well as other disciplinary measures as deemed appropriate by the board.
WV Code § 30-4A-17 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 4A. Administration of Anesthesia by Dentists|§30-4A-17. Appointment of Subcommittee; Credentials Review; and On-Site Inspections

(a) The board shall appoint a subcommittee to carry out the review and on-site inspection of any dentist applying for or renewing a permit under this article.(b) The subcommittee shall make a recommendation for issuing or revoking a permit under this article.(c) This subcommittee shall be known as the West Virginia Board of Dentistry Subcommittee on Anesthesia. The subcommittee shall, at a minimum, consist of one member of the board who shall act as chairman of the subcommittee and two members holding a Class 4 permit and two members holding a Class 3 permit.(d) The subcommittee shall adopt policies and procedures related to the regulation of general anesthesia/deep conscious sedation, conscious sedation/moderate sedation, anxiolysis/minimal sedation, and relative analgesia/minimal sedation with the same being approved by the board. The subcommittee members shall be paid and reimbursed expenses pursuant to article one of this chapter.
WV Code § 30-4B-1 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 4B. Dental Laboratory Services|§30-4B-1. Unlawful Acts

(a) It is unlawful for any person, other than a dentist or other dental practitioner, to sell, offer for sale or furnish any dental prosthesis or other dental laboratory service to any person who is not a dentist or other dental practitioner.(b) It is unlawful for any person to perform dental laboratory services without a work authorization: Provided, That this subsection does not apply to a dentist or other dental practitioner, or to their employees working under their direct supervision, performing dental laboratory services as a part of their own dental practice and for their own dental patients.(c) It is unlawful for any dental laboratory to perform any dental laboratory service without the issuance of a work authorization by a dentist or other dental practitioner.(d) It is unlawful for any dental laboratory or dentist who fabricates a full upper or full lower set of prosthetic dentures not to affix upon the dentures, in a nonremovable manner, the name of the patient, the initials of the dentist's state of practice and license identification.(e) It is unlawful for any dental laboratory either directly or indirectly:(1) To advertise that it is engaged in the business of performing dental laboratory services;(2) To advertise it performs dental laboratory services for members of the public;(3) To advertise a price for the performance of dental laboratory services; or(4) To advertise techniques used or materials employed by it in the performance of dental laboratory services: Provided, That this subsection does not prevent dental laboratories from advertising in dental journals or in other professional dental publications or from communicating directly to a dentist and other dental practitioner or from listing the dental laboratory in business and telephone directories if the business and telephone directory announcements are limited to name, address and telephone number and do not occupy more than the number of lines necessary to disclose the information, or from displaying the trade name and address of the dental laboratory on the door of its place of business or on name plates or door plates exhibited on the interior or exterior of the place of business.
WV Code § 30-4B-2 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 4B. Dental Laboratory Services|§30-4B-2. Work Authorization Required; Contents; Retention

(a) No dental laboratory technician may perform any dental laboratory service without the issuance of a work authorization by a dentist or other dental practitioner.(b) Each work authorization shall contain:(1) The name and address of the dental laboratory to which it is directed;(2) The case identification;(3) A specification of the materials to be used;(4) A description of the work to be done and, if necessary, diagrams thereof;(5) The date of issue; and(6) The signature and address of the dentist or other dental practitioner issuing the work authorization.(c)A separate work authorization shall be issued for each patient of the dentist or other dental practitioner for whom a dental laboratory service is to be performed.(d) Every work authorization shall be made in duplicate with the original being delivered to the dental laboratory to which it is directed and the copy being retained in the office of the issuing dentist or other dental practitioner. A work authorization shall be saved for a period of two years from its date of issue.
WV Code § 30-4B-3 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 4B. Dental Laboratory Services|§30-4B-3. Denture Identification

 A dental laboratory or a dentist who engages in dental laboratory services and who fabricates any full upper or full lower set of prosthetic dentures shall affix upon the dentures, in a nonremovable manner, the name of the patient for whom the dentures are made and the initials of the dentist's state of practice and license identification number.
WV Code § 30-4B-4 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 4B. Dental Laboratory Services|§30-4B-4. Review of Dental Laboratory Services

The board may review the dental laboratory services of a dental laboratory on a random and general basis without any requirement of a formal complaint or suspicion of impropriety.
WV Code § 30-5-1 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 5. Pharmacists, Pharmacy Technicians, Pharmacy Interns and Pharmacies|§30-5-1. Short Title

This article shall be known as and may be cited as the "The Larry W. Border Pharmacy Practice Act".
WV Code § 30-5-2 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 5. Pharmacists, Pharmacy Technicians, Pharmacy Interns and Pharmacies|§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 to advertise or use any title or description tending to convey or give the impression that he or she is a pharmacist or pharmacy technician, unless the person is licensed or registered under the provisions of this article.(b) A business entity may not render any service or engage in any activity which, if rendered or engaged in by an individual, would constitute the practice of pharmacist care, except through a licensee.(c) It is unlawful for the proprietor of a pharmacy or a ambulatory health care facility to permit a person, who is not a licensed pharmacist, to practice pharmacist care: Provided, That a charitable clinic pharmacy may permit a licensed prescribing practitioner to act in place of the pharmacist when no pharmacist is present in the charitable clinic.
WV Code § 30-5-3 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 5. Pharmacists, Pharmacy Technicians, Pharmacy Interns and Pharmacies|§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.
WV Code § 30-5-5 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 5. Pharmacists, Pharmacy Technicians, Pharmacy Interns and Pharmacies|§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 appoint:(1) Five members who are licensed to practice pharmacist care in this state; and(2) Two citizen members, who are not licensed under the provisions of this article, and who do not perform any services related to the practice of the pharmacist care regulated under the provisions of this article.(c) After the initial appointment term, the appointment term is five years. A member may not serve more than two consecutive terms. A member who has served two consecutive full terms may not be reappointed for at least one year after completion of his or her second full term. A member may continue to serve until his or her successor has been appointed and qualified.(d) Each licensed member of the board, at the time of his or her appointment, shall have held a license in this state for a period of not less than three years immediately preceding the appointment.(e) Each member of the board shall be a resident of this state during the appointment term.(f) A vacancy on the board shall be filled by appointment by the Governor for the unexpired term of the member whose office is vacant.(g) The Governor may remove any member from the board for neglect of duty, incompetency or official misconduct.(h) A licensed member of the board immediately and automatically forfeits membership to the board if his or her license to practice is suspended or revoked in any jurisdiction.(i) A member of the board immediately and automatically forfeits membership to the board if he or she is convicted of a felony under the laws of any jurisdiction or becomes a nonresident of this state.(j) The board shall elect annually one of its members as president, one member as vice president and one member as treasurer who shall serve at the will and pleasure of the board.(k) Each member of the board is entitled to receive compensation and expense reimbursement in accordance with article one of this chapter.(l) A simple majority of the membership serving on the board at a given time is a quorum for the transaction of business.(m) The board shall hold at least two meetings annually. Other meetings shall be held at the call of the chairperson or upon the written request of three members, at the time and place as designated in the call or request.(n) Prior to commencing his or her duties as a member of the board, each member shall take and subscribe to the oath required by section five, article four of the Constitution of this state.(o) The members of the board when acting in good faith and without malice shall enjoy immunity from individual civil liability while acting within the scope of their duties as board members.
WV Code § 30-5-6 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 5. Pharmacists, Pharmacy Technicians, Pharmacy Interns and Pharmacies|§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;(3) Establish additional requirements for a license, permit, and registration;(4) Establish procedures for submitting, approving, and rejecting applications for a license, permit, and registration;(5) Determine the qualifications of any applicant for a license, permit, and registration;(6) Establish a fee schedule;(7) Issue, renew, deny, suspend, revoke, or reinstate a license, permit, and registration;(8) Prepare, conduct, administer, and grade written, oral, or written and oral examinations for a license and registration and establish what constitutes passage of the examination;(9) Contract with third parties to administer the examinations required under the provisions of this article;(10) Maintain records of the examinations the board or a third party administers, including the number of persons taking the examination and the pass and fail rate;(11) Regulate mail order pharmacies;(12) Maintain an office, and hire, discharge, establish the job requirements, and fix the compensation of employees and contract with persons necessary to enforce the provisions of this article. Inspectors shall be licensed pharmacists;(13) Investigate alleged violations of the provisions of this article, legislative rules, orders, and final decisions of the board;(14) Conduct disciplinary hearings of persons regulated by the board;(15) Determine disciplinary action and issue orders;(16) Institute appropriate legal action for the enforcement of the provisions of this article;(17) Maintain an accurate registry of names and addresses of all persons regulated by the board;(18) Keep accurate and complete records of its proceedings, and certify the same as may be necessary and appropriate;(19) Propose rules in accordance with the provisions of §29A-3-1 et seq. of this code to implement the provisions of this article;(20) Sue and be sued in its official name as an agency of this state;(21) Confer with the Attorney General or his or her assistant in connection with legal matters and questions; and (22) Take all other actions necessary and proper to effectuate the purposes of this article.(b) The board is exempt from state purchasing laws, legislative rules, and policies for the purposes of spending grant money if the grant is in relation to substance use and controlled substances.
WV Code § 30-5-8 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 5. Pharmacists, Pharmacy Technicians, Pharmacy Interns and Pharmacies|§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 one of this chapter, the board shall retain the amounts in the special revenue account from year to year. Any compensation or expense incurred under this article is not a charge against the General Revenue Fund.(b) The board shall deposit any amounts received as administrative fines imposed pursuant to this article into the General Revenue Fund of the State Treasury.
WV Code § 30-5-9 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 5. Pharmacists, Pharmacy Technicians, Pharmacy Interns and Pharmacies|§30-5-9. Qualifications for Licensure as Pharmacist;

(a) To be eligible for a license to practice pharmacist care under the provisions of this article, the applicant shall:(1) Submit a written application to the board;(2) Be eighteen years of age or older;(3) Pay all applicable fees;(4) Graduate from an accredited school of pharmacy;(5) Complete at least fifteen hundred hours of internship in a pharmacy under the instruction and supervision of a pharmacist;(6) Pass an examination or examinations approved by the board;(7) Not be an alcohol or drug abuser, as these terms are defined in section eleven, article one-a, chapter twenty-seven of this code: Provided, That an applicant in an active recovery process, which may, in the discretion of the board, be evidenced by participation in a twelve-step program or other similar group or process, may be considered;(8) Present to the board satisfactory evidence that he or she is a person of good moral character, has not been convicted of a felony involving the sale or distribution of controlled substances;(9) Not been convicted in any jurisdiction of any other felony or crime which bears a rational nexus to the individual's ability to practice pharmacist care, Provided, That an applicant with a felony conviction other than the felony conviction specified in subdivision eight of this section may apply to the board for licensure no sooner than five years after the date of the conviction. The board shall evaluate each applicant on a case by case basis; and(10) Has fulfilled any other requirement specified by the board in rule.(b) An applicant from another jurisdiction shall comply with all the requirements of this article.
WV Code § 30-5-10 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 5. Pharmacists, Pharmacy Technicians, Pharmacy Interns and Pharmacies|§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;(2) Dispense of prescription drug orders; participate in drug and device selection;(3) Provide drug administration;(4) Provide drug regimen review;(5) Provide drug or drug-related research;(6) Perform patient counseling;(7) Provide pharmacy related primary care;(8) Provide pharmacist care in all areas of patient care, including collaborative pharmacy practice;(9) Compound and label drugs and drug devices;(10) Proper and safe storage of drugs and devices;(11) Maintain proper records;(12) Provide patient counseling concerning the therapeutic value and proper use of drugs and devices;(13) Order laboratory tests in accordance with drug therapy management; and(14) Provide medication therapy management.(b) A licensee meeting the requirements as promulgated by legislative rule may administer immunizations.(c) The sale of any medicine, if the contents of its container, or any part thereof, taken at one time, are likely to prove poisonous, deleterious, or habit-forming is prohibited by any person other than a registered pharmacist, who shall take precautions to acquaint the purchaser of the nature of the medicine at the time of sale.
WV Code § 30-5-11a (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 5. Pharmacists, Pharmacy Technicians, Pharmacy Interns and Pharmacies|§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;(2) Pay the applicable fees;(3) (A) Have graduated from a high school or obtained a Certificate of General Educational Development (GED), or (B) Be currently enrolled in a high school competency based pharmacy technician education and training program;(4) (A) Be currently enrolled in a competency-based pharmacy technician education and training program of a learning institution or training center approved by the board; or(B) Be an employee of a pharmacy in an on-the-job competency-based pharmacy technician training program. (5) Not be an alcohol or drug abuser as these terms are defined in section 11, article one-a, chapter twenty-seven of this code: Provided, That an applicant in an active recovery process, which may, in the discretion of the board, be evidenced by participation in a twelve-step program or other similar group or process, may be considered;(6) Not have been convicted of a felony in any jurisdiction within ten years preceding the date of application for registration, which conviction remains unreversed;(7) Not have been convicted of a misdemeanor or felony in any jurisdiction which bears a rational nexus to the practice of pharmacist care, which conviction remains unreversed; and(8) Have requested and submitted to the board the results of a fingerprint-based state and a national electronic criminal history records check.(b) The rules, authorized duties and unauthorized prohibitions as set out in section twelve of this article for pharmacy technicians apply to pharmacy technician trainees.(c) The board shall promulgate an emergency rule and legislative rule pursuant article two, chapter twenty-nine-a, to authorize the requirements of this section to permit pharmacy technician trainees.
WV Code § 30-5-13 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 5. Pharmacists, Pharmacy Technicians, Pharmacy Interns and Pharmacies|§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 meeting the requirements for licensure as a pharmacist; or(2) A graduate of an approved professional degree program of a school or college of pharmacy or a graduate who has established educational equivalency by obtaining a Foreign Pharmacy Graduate Examination Committee Certificate, who is currently licensed by the board for the purpose of obtaining practical experience as a requirement for licensure as a pharmacist; or(3) A qualified applicant awaiting examination for licensure or meeting board requirements for relicensure; or(4) An individual participating in a pharmacy residency or fellowship program.
WV Code § 30-5-14 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 5. Pharmacists, Pharmacy Technicians, Pharmacy Interns and Pharmacies|§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 does not apply:(1) In a documented emergency;(2) In an on-call or cross-coverage situation;(3) For the treatment of sexually transmitted diseases by expedited partner therapy as set forth in article four-f, chapter sixteen of this code; or (4) Where patient care is rendered in consultation with another practitioner who has an ongoing relationship with the patient and who has agreed to supervise the patient's treatment, including the use of any prescribed medications.