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WV Code § 60A-8-14 (2021)
2021 West Virginia Code|Chapter 60A. Uniform Controlled Substances Act|Article 8. Wholesale Drug Distribution Licensing Act of 1991|§60A-8-14. Disciplinary Actions - Wholesale Drug Distributor

(a) In accordance with article five, chapter thirty of this code, the Board of Pharmacy may suspend, revoke or refuse to renew any license issued to a wholesale distributor of prescription drugs pursuant to this article or may impose a civil money penalty not to exceed $1,000, in the discretion of the board for any of the following causes:(1) Making any false material statements in an application for a license or for renewal of a license as a wholesale distributor or pharmacy distributor of prescription drugs;(2) Violating any federal, state or local drug law, any provision of this article or any rule of the board;(3) Conviction of a felony. For purposes of this subdivision "felony" means a felony or crime punishable as a felony under the laws of this state, any other state or the United States;(4) Ceasing to satisfy the qualifications for licensure under section seven of this article or the rules of the board;(5) The license or registration of a wholesale drug distributor licensed under this article has been revoked by the licensing authority of another state, jurisdiction of foreign nation; or(6) Any reason for which the board may impose disciplinary sanctions under the provisions of chapter thirty of this code.(b) Upon the suspension or revocation of the license of any wholesale distributor of prescription drugs, the distributor shall immediately surrender the license to the board.(c) If the board suspends, revokes or refuses to renew any license issued to a wholesale distributor of prescription drugs and determines that there is clear and convincing evidence of a danger of immediate and serious harm to any person, the board may place under seal all drugs owned by or in the possession, custody or control of the affected wholesale distributor. Except as provided in this article, the board may not dispose of the drugs sealed under this subsection until the distributor exhausts all of his or her appeal rights under this article or article five, chapter thirty of this code. The court involved in the appeal may order the board, during the pendency of the appeal, to sell sealed dangerous drugs that are perishable. The board shall deposit the proceeds of the sale with the court.
WV Code § 60A-8-15 (2021)
2021 West Virginia Code|Chapter 60A. Uniform Controlled Substances Act|Article 8. Wholesale Drug Distribution Licensing Act of 1991|§60A-8-15. Maintenance of Register and Roster of Wholesale and Pharmacy Distributors

(a) The Executive Director of the Board of Pharmacy shall maintain a register of the names, addresses and the date the current license was issued or renewed pursuant to this article for license years beginning on and after July 1, 2013. The register shall be the property of the board and shall be open for public examination and inspection at all reasonable times, as the board may direct.(b) The register shall set forth the names and addresses of:(1) Those persons who are or have been licensed under this article for the current license year;(2) Those persons whose licenses have been suspended, revoked or surrendered during the current license year or during the two preceding license years; and(3) Those persons whose licenses have not been renewed for the current license year.(c) In lieu of annually publishing a typed or printed register providing the information required by this subsection, the board may make the information required to be published available at its website.(d) A written statement signed and verified by the executive director of the board, in which it is stated that after diligent search of the register no record or entry of the issuance of a license or registration certificate to a person is found, is admissible in evidence and constitutes presumptive evidence of the fact that the person is not a licensed as a wholesale drug distributor under this article.
WV Code § 60A-8-16 (2021)
2021 West Virginia Code|Chapter 60A. Uniform Controlled Substances Act|Article 8. Wholesale Drug Distribution Licensing Act of 1991|§60A-8-16. Disposition of Fees

The board shall pay all fees it collects under this article into the separate fund created in the State Treasury for the board pursuant to section ten, article one, chapter thirty of this code. The money in this fund shall be used exclusively by the board for the purposes of administering and enforcement of its duties pursuant to this article, articles one and five, chapter thirty of this code, or any other duty of the board prescribed by any other provision of this code.
WV Code § 60A-9-1 (2021)
2021 West Virginia Code|Chapter 60A. Uniform Controlled Substances Act|Article 9. Controlled Substances Monitoring|§60A-9-1. Short Title

This article shall be referred to as the West Virginia Controlled Substances Monitoring Act.
WV Code § 60A-9-2 (2021)
2021 West Virginia Code|Chapter 60A. Uniform Controlled Substances Act|Article 9. Controlled Substances Monitoring|§60A-9-2. Establishment of Program; Purpose

There is continued a West Virginia controlled substances monitoring act the purpose of which is to require the recordation and retention in a single repository of information regarding the prescribing, dispensing and consumption of certain controlled substances. A veterinarian is exempt from the requirements of this article.
WV Code § 60A-9-3 (2021)
2021 West Virginia Code|Chapter 60A. Uniform Controlled Substances Act|Article 9. Controlled Substances Monitoring|§60A-9-3. Reporting System Requirements; Implementation; Central Repository Requirement

(a) The Board of Pharmacy shall implement a program wherein a central repository is established and maintained which shall contain such information as is required by the provisions of this article regarding Schedule II, III, and IV controlled substance prescriptions written or filled in this state. In implementing this program, the Board of Pharmacy shall consult with the West Virginia State Police, the licensing boards of practitioners affected by this article and affected practitioners.(b) The program authorized by subsection (a) of this section shall be designed to minimize inconvenience to patients, prescribing practitioners and pharmacists while effectuating the collection and storage of the required information. The board shall allow reporting of the required information by electronic data transfer where feasible, and where not feasible, on reporting forms promulgated by the board. The information required to be submitted by the provisions of this article shall be required to be filed no more frequently than within twenty-four hours.(c) (1) The board shall provide for the electronic transmission of the information required to be provided by this article by and through the use of a toll-free telephone line.(2) A dispenser, who does not have an automated record-keeping system capable of producing an electronic report in the established format may request a waiver from electronic reporting. The request for a waiver shall be made to the board in writing and shall be granted if the dispenser agrees in writing to report the data by submitting a completed "Pharmacy Universal Claim Form" as defined by legislative rule.
WV Code § 60A-9-4a (2021)
2021 West Virginia Code|Chapter 60A. Uniform Controlled Substances Act|Article 9. Controlled Substances Monitoring|§60A-9-4a. Verification of Identity

Prior to releasing a Schedule II, III, or IV controlled substance sold at retail, a pharmacist or pharmacy shall verify the full legal name, address and birth date of the person picking up the controlled substance dispensed by requiring the presentation of a valid government-issued photo identification card. This information shall be reported in accordance with the provisions of this article.
WV Code § 60A-9-5a (2021)
2021 West Virginia Code|Chapter 60A. Uniform Controlled Substances Act|Article 9. Controlled Substances Monitoring|§60A-9-5a. Practitioner Requirements to Access Database and Conduct Annual Search of the Database; Required Rulemaking

(a) All practitioners, as that term is defined in 60A-2-201 of this code who prescribe or dispense Schedule II, III, IV or V controlled substances shall register with the West Virginia Controlled Substances Monitoring Program and obtain and maintain online or other electronic access to the program database: Provided, That compliance with the provisions of this subsection must be accomplished within 30 days of the practitioner obtaining a new license: Provided, however, That the Board of Pharmacy may renew a practitioners license without proof that the practitioner meet the requirements of this subsection.(b) All persons with prescriptive or dispensing authority and in possession of a valid Drug Enforcement Administration registration identification number and who are licensed by the Board of Medicine as set forth in 30-3-1 et seq. of this code, the Board of Registered Professional Nurses as set forth in 30-7-1 et seq. of this code, the Board of Dental Examiners as set forth in 30-4-1 et seq. of this code, the Board of Osteopathic Medicine as set forth in 30-14-1 et seq. of this code, the West Virginia Board of Optometrists as set forth in 30-8-1 et seq. of this code, and a pharmacist licensed by the West Virginia Board of Pharmacy as set forth in 30-5-1 et seq. upon initially prescribing or dispensing any Schedule II controlled substance, any opioid or any benzodiazepine to a patient who is not suffering from a terminal illness, and at least annually thereafter should the practitioner or dispenser continue to treat the patient with a controlled substance, shall access the West Virginia Controlled Substances Monitoring Program Database for information regarding specific patients. The information obtained from accessing the West Virginia Controlled Substances Monitoring Program Database for the patient shall be documented in the patients medical record maintained by a private prescriber or any inpatient facility licensed pursuant to the provisions of chapter 16 of this code. A pain-relieving controlled substance shall be defined as set forth in 30-3A-1 of this code.(c) The various boards mentioned in 60A-9-5(b) of this code shall amend its legislative rules pursuant to the provisions of 29A-3-1 et seq. of this code to effectuate the provisions of this article.
WV Code § 60A-9-6 (2021)
2021 West Virginia Code|Chapter 60A. Uniform Controlled Substances Act|Article 9. Controlled Substances Monitoring|§60A-9-6. Promulgation of Rules

The state Board of Pharmacy shall promulgate legislative rules to effectuate the purposes of this article in accordance with the provisions of chapter twenty-nine-a of this code.
WV Code § 60A-9-8 (2021)
2021 West Virginia Code|Chapter 60A. Uniform Controlled Substances Act|Article 9. Controlled Substances Monitoring|§60A-9-8. Creation of Fight Substance Abuse Fund

There is hereby created a special revenue account in the state treasury, designated the Fight Substance Abuse Fund, which shall be an interest-bearing account. The fund shall consist of all moneys received from whatever source to further the purpose of this article. The fund shall be administered by the West Virginia Bureau for Public Health to provide funding for substance abuse prevention, treatment, treatment coordination, recovery and education. Any moneys remaining in the fund at the close of a fiscal year shall be carried forward for use in the next fiscal year. Fund balances shall be invested with the state’s consolidated investment fund and any and all interest earnings on these investments shall be used solely for the purposes that moneys deposited in the fund may be used pursuant to this article. There is created within the Office of the Secretary of the Department of Health and Human Resources the Grant Writer Pilot Project. The Secretary shall hire a person as a grant writer, who shall be placed within the Office of the Secretary. This person shall identify, application and monitoring policies and procedures to increase grant applications and improve management and oversight of grants. The grant writer shall focus his or her abilities on obtaining grants concerning the prevention and treatment of substance abuse. The grant writer is not eligible for civil service. The department shall report to the Legislative Oversight Commission on Health and Human Resources Accountability on the implementation of the new grant policy; the number of grants obtained; and an analysis examining the costs associated with obtaining a grant verses the federal money received.
WV Code § 60A-9-9 (2021)
2021 West Virginia Code|Chapter 60A. Uniform Controlled Substances Act|Article 9. Controlled Substances Monitoring|§60A-9-9. Drugs of Concern Designation

(a) The Board of Pharmacy may designate certain drugs as drugs of concern which must be reported to the database established pursuant to this article. The designation of a drug of concern shall be reserved for drugs which have a high potential for abuse. Whenever a medical services provider dispenses a drug of concern or whenever a prescription for a drug of concern is filled by: (i) A pharmacist or pharmacy in this state; (ii) a hospital, or other health care facility, for outpatient use; or (iii) a pharmacy or pharmacist licensed by the Board of Pharmacy, but situated outside this state for delivery to a person residing in this state, the medical services provider, health care facility, pharmacist or pharmacy shall, in a manner prescribed by rules promulgated by the Board of Pharmacy under this article, report the following information, as applicable:(1) The name, address, pharmacy prescription number and Drug Enforcement Administration controlled substance registration number of the dispensing pharmacy or the dispensing physician or dentist;(2) The full legal name, address and birth date of the person for whom the prescription is written;(3) The name, address and Drug Enforcement Administration controlled substances registration number of the practitioner writing the prescription;(4) The name and national drug number of the drug of concern dispensed;(5) The quantity and dosage of the drug of concern dispensed;(6) The date the prescription was written and the date filled;(7) The number of refills, if any, authorized by the prescription;(8) If the prescription being dispensed is being picked up by someone other than the patient on behalf of the patient, information about the person picking up the prescription as set forth on the person’s government-issued photo identification card shall be retained in either print or electronic form until such time as otherwise directed by rule promulgated by the Board of Pharmacy; and(9) The source of payment for the drug of concern dispensed.(b) The penalties set forth in section seven of this article shall not apply to drugs listed as drugs of concern. Failure to report may be considered a violation of the practice act of the prescriber and may result in discipline by the appropriate licensing board. (c) The Board of Pharmacy may promulgate emergency rules pursuant to the provisions of section fifteen, article three, chapter twenty-nine-a of this code to effectuate the provisions of this section.
WV Code § 60A-10-1 (2021)
2021 West Virginia Code|Chapter 60A. Uniform Controlled Substances Act|Article 10. Methamphetamine Laboratory Eradication Act|§60A-10-1. Short Title

The provisions of this article shall be known and referred to as the Methamphetamine Laboratory Eradication Act.
WV Code § 60A-10-2 (2021)
2021 West Virginia Code|Chapter 60A. Uniform Controlled Substances Act|Article 10. Methamphetamine Laboratory Eradication Act|§60A-10-2. Purpose; Findings

The Legislature finds:(a) That the illegal production and distribution of methamphetamine is an increasing problem nationwide and particularly prevalent in rural states such as West Virginia.(b) That methamphetamine is a highly addictive drug that can be manufactured in small and portable laboratories. These laboratories are operated by individuals who manufacture the drug in a clandestine and unsafe manner, often resulting in explosions and fires that can injure not only the individuals involved, but their families, neighbors, law-enforcement officers and firemen.(c) That use of methamphetamine can result in fatal kidney and lung disorders, brain damage, liver damage, blood clots, chronic depression, hallucinations, violent and aggressive behavior, malnutrition, disturbed personality development, deficient immune system and psychosis. Children born to mothers who are abusers of methamphetamine can be born addicted and suffer birth defects, low birth weight, tremors, excessive crying, attention deficit disorder and behavior disorders.(d) That in addition to the physical consequences to an individual who uses methamphetamine, usage of the drug also produces an increase in automobile accidents, explosions and fires, increased criminal activity, increased medical costs due to emergency room visits, increases in domestic violence, increased spread of infectious diseases and a loss in worker productivity.(e) That environmental damage is another consequence of the methamphetamine epidemic. Each pound of methamphetamine produced leaves behind five to six pounds of toxic waste. Chemicals and byproducts that result from the manufacture of methamphetamine are often poured into plumbing systems, storm drains or directly onto the ground. Clean up of methamphetamine laboratories is extremely resource-intensive, with an average remediation cost of $5,000.(f) That it is in the best interest of every West Virginian to develop a viable solution to address the growing methamphetamine problem in the State of West Virginia. The Legislature finds that restricting access to over-the-counter drugs used to facilitate production of methamphetamine is necessary to protect the public safety of all West Virginians.(g) That it is further in the best interests of every West Virginian to create impediments to the manufacture of methamphetamine by requiring persons purchasing chemicals necessary to the process to provide identification.
WV Code § 60A-10-6 (2021)
2021 West Virginia Code|Chapter 60A. Uniform Controlled Substances Act|Article 10. Methamphetamine Laboratory Eradication Act|§60A-10-6. Registration to Sell, Manufacture or Distribute Products; Rule-Making Authority

The State Board of Pharmacy shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to require that every wholesaler, manufacturer or distributor of any drug product containing as their single active ingredient ephedrine or pseudoephedrine or a substance identified on the supplemental list provided for in section seven of this article shall obtain a registration and permit issued by the state Board of Pharmacy to sell, distribute or transfer the product containing as their single active ingredient ephedrine, pseudoephedrine or phenylpropanolamine.
WV Code § 60A-10-7 (2021)
2021 West Virginia Code|Chapter 60A. Uniform Controlled Substances Act|Article 10. Methamphetamine Laboratory Eradication Act|§60A-10-7. Restricted Products; Rule-Making Authority

(a) On or before July 1, 2005, the Board of Pharmacy shall promulgate emergency and legislative rules pursuant to the provision of article three, chapter twenty-nine-a of this code to implement a program wherein the Board of Pharmacy shall consult with the Superintendent of the State Police in identifying drug products which are a designated precursor, in addition to those that contain ephedrine, pseudoephedrine or phenylpropanolamine, that are commonly being used in the production and distribution of methamphetamine. Those drug products which the Superintendent of the State Police have demonstrated by empirical evidence are commonly used in the manufacture of methamphetamine shall be added to a supplemental list and shall be subject to all of the restrictions of this article. These rules established pursuant to this section shall include:(1) A process whereby pharmacies are made aware of all drug products that contain ephedrine, pseudoephedrine and phenylpropanolamine that will be listed as a Schedule V substance and must be sold, transferred or dispensed from behind a pharmacy counter;(2) A process whereby pharmacies and retail establishments are made aware of additional drug products added to Schedule V that are required to be placed behind the pharmacy counter for sale, transfer or distribution can be periodically reviewed and updated.(b) At any time after July 1, 2005, the Board of Pharmacy, upon the recommendation of the Superintendent of the State Police, shall promulgate emergency and legislative rules pursuant to the provision of article three, chapter twenty-nine-a of this code to implement an updated supplemental list of products containing the controlled substances ephedrine, pseudoephedrine or phenylpropanolamine as an active ingredient or any other drug used as a precursor in the manufacture of methamphetamine, which the Superintendent of the State Police has demonstrated by empirical evidence is being used in the manufacture of methamphetamine. This listing process shall comport with the requirements of subsection (a) of this section.
WV Code § 60A-10-8 (2021)
2021 West Virginia Code|Chapter 60A. Uniform Controlled Substances Act|Article 10. Methamphetamine Laboratory Eradication Act|§60A-10-8. Reporting Requirements; Confidentiality

(a) Until January 1, 2013, upon each sale, retail, transfer or distribution of any drug product referred to in section seven of this article or another designated precursor, the pharmacist, pharmacy intern, or pharmacy technician making the sale, transfer or distribution shall report the following information for inclusion in the central repository established and maintained by the Board of Pharmacy:(1) The date of the transaction;(2) The name, address and driver's license or state-issued identification number of the person; and(3) The name, quantity of packages and total gram weight of the product or products purchased, received or otherwise acquired.(b) The information required to be reported by this section shall be reported by paper log maintained at the point of sale: Provided, That, beginning on January 1, 2007, reporting shall be by electronic transmission to the Board of Pharmacy no more frequently than once a week. Beginning on January 1, 2013, the electronic transmission of the information required to be reported in subsection (a) of this section shall be reported to the MSRTTS, and shall be made in real time at the time of the transaction.(c) The information required by this section shall be the property of the state. The information shall be disclosed as appropriate to the federal Drug Enforcement Administration and to state and local law-enforcement agencies. The information shall not be accessed, used or shared for any purpose other than to ensure compliance with this article and federal law. NADDI shall forward state transaction records in the MSRTTS to the West Virginia State Police weekly, and provide real-time access to MSRTTS information through the MSRTTS online portal to authorized agents of the federal Drug Enforcement Administration and certified law enforcement in this and other states for use in the detection of violations of this article or of federal laws designed to prevent the illegal use, production or distribution of methamphetamine.