reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 5. Pharmacists, Pharmacy Technicians, Pharmacy Interns and Pharmacies › §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 is not authorized for pharmacists from another state where that state does not permit reciprocity to pharmacists licensed in West Virginia.
(b) The board may refuse reciprocity to pharmacists from another country unless the applicant qualifies under the legislative rules as may be promulgated by the board for licensure of foreign applicants.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 5. Pharmacists, Pharmacy Technicians, Pharmacy Interns and Pharmacies › §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 any renewal not paid by the due date.
(c) The board shall require as a condition of renewal that each licensee or registrant complete continuing education.
(d) The board may deny an application for renewal for any reason which would justify the denial of an original application.
(e) After June 30, 2014, a previously registered pharmacy technician may renew his or her current registration without having successfully completed the requirements of subdivision six, subsection (a), of section eleven. The previously registered pharmacist may continue to renew his or her registration under this provision.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 5. Pharmacists, Pharmacy Technicians, Pharmacy Interns and Pharmacies › §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 minimum:
(1) Earned a Certification from the Board of Pharmaceutical Specialties, is a Certified Geriatric Practitioner, or has completed an American Society of Health System Pharmacists(ASHP) accredited residency program, which includes two years of clinical experience approved by the board; or
(2) Successfully completed the course of study and holds the academic degree of Doctor of Pharmacy and has three years of clinical experience approved by the board and has completed an Accreditation Council for Pharmacy Education (ACPE) approved practice based continuing pharmacy education activity in the area of practice covered by the collaborative pharmacy practice agreement; or
(3) Successfully completed the course of study and hold the academic degree of Bachelor of Science in Pharmacy and has five years of clinical experience approved by the board and has completed two ACPE approved practice based continuing pharmacy education activity with at least one program in the area of practice covered by a collaborative pharmacy practice agreement.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 5. Pharmacists, Pharmacy Technicians, Pharmacy Interns and Pharmacies › §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.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 5. Pharmacists, Pharmacy Technicians, Pharmacy Interns and Pharmacies › §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 in section twelve-b of this article, the following acts shall be prohibited:
(1) The falsification of any label upon the immediate container, box and/or package containing a drug;
(2) The substitution or the dispensing of a different drug in lieu of any drug prescribed in a prescription without the approval of the practitioner authorizing the original prescription: Provided, That this may not be construed to interfere with the art of prescription compounding which does not alter the therapeutic properties of the prescription or appropriate generic substitute;
(3) The filling or refilling of any prescription for a greater quantity of any drug or drug product than that prescribed in the original prescription without a written or electronic order or an oral order reduced to writing, or the refilling of a prescription without the verbal, written or electronic consent of the practitioner authorizing the original prescription.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 5. Pharmacists, Pharmacy Technicians, Pharmacy Interns and Pharmacies › §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 a written application to the board;
(2) Pay all applicable fees;
(3) Designate a pharmacist-in-charge; and
(4) Successfully complete an inspection by the board.
(d) A separate application shall be made and separate registration issued for each location.
(e) Registration is not transferable.
(f) Registration expire and shall be renewed annually.
(g) If a registration expires, the pharmacy shall be reinspected and an inspection fee is required.
(h) A registrant shall employ a pharmacist-in-charge and operate in compliance with the legislative rules governing the practice of pharmacist care and the operation of a pharmacy.
(i) The provisions of this section do not apply to the sale of nonprescription drugs which are not required to be dispensed pursuant to a practitioner’s prescription.
(j) The provisions of this section do not apply to the sale or distribution of dialysate, drugs or devices necessary to perform home peritoneal renal dialysis to patients with end state renal disease, provided the requirements of §30-5-29 of this code are met.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 5. Pharmacists, Pharmacy Technicians, Pharmacy Interns and Pharmacies › §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 of the required pharmacist-in-charge. This designation shall be filed with the board within thirty days of the designation.
(b) The pharmacist-in-charge is responsible for the pharmacy's compliance with state and federal pharmacy laws and regulations and for maintaining records and inventory.
(c) A pharmacist-in-charge may not hold such designated position at more than one pharmacy, whether within or outside the State of West Virginia: Provided, That the Board may permit by rule that he or she may volunteer as the pharmacist-in-charge at a charitable clinic pharmacy while serving as a pharmacist-in-charge in another pharmacy.
(d) An interim pharmacist-in-charge may be designated for a period not to exceed sixty days. The request for an interim pharmacist-in-charge shall detail the circumstances which warrant the change. This change in designation shall be filed with the board within thirty days of the designation.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 5. Pharmacists, Pharmacy Technicians, Pharmacy Interns and Pharmacies › §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.
(2) The names and titles of all individual owners, partners or corporate officers.
(3) The pharmacy manager.
(4) The pharmacist-in-charge.
(5) The complete address, telephone number and fax number of the mail-order pharmacy.
(c) This section does not apply to any mail-order pharmacy which operates solely as a wholesale distributor.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 5. Pharmacists, Pharmacy Technicians, Pharmacy Interns and Pharmacies › §30-5-25. Permit for Manufacture and Packaging of Drugs, Medicines, Distribution of Prescription Drugs

(a) Drugs may not be manufactured, made, produced, packed, packaged or prepared within the state, except under the personal supervision of a pharmacist or other qualified person as may be approved by the board;
(b) A person may not manufacture, package or prepare a drug without obtaining a permit from the board.
(c) A person, who offers for sale, sells, offers for sale through the method of distribution any prescription drugs is subject to this article.
(d) The application for a permit shall be made on a form to be prescribed and furnished by the board and shall be accompanied by an application fee.
(e) The board shall promulgate rules on permit requirements and sanitation requirements.
(f) Separate applications shall be made and separate permits issued for each place of manufacture, distribution, making, producing, packing, packaging or preparation.
2023 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.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 5. Pharmacists, Pharmacy Technicians, Pharmacy Interns and Pharmacies › §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 electronic record.
(b) The partial filling of a prescription for a controlled substance listed in Schedule II is permissible if the pharmacist is unable to supply or the patient requests less than the full quantity called for in the prescription. The remaining portion of the prescription may be filled within seventy-two hours of the first partial filling: Provided, That if the remaining portion is not or cannot be filled within the seventy-two hour period, the pharmacist shall notify the prescribing individual practitioner. Further quantity may not be supplied beyond seventy-two hours without a new prescription.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 5. Pharmacists, Pharmacy Technicians, Pharmacy Interns and Pharmacies › §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 a notice to the person to cease and desist in engaging in the act and/or apply to the circuit court in the county of the alleged violation for an order enjoining the act.
(b) The circuit court may issue a temporary injunction pending a decision on the merits, and may issue a permanent injunction based on its findings in the case.
(c) The judgment of the circuit court on an application permitted by the provisions of this section is final unless reversed, vacated or modified on appeal to the West Virginia Supreme Court of Appeals.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 5. Pharmacists, Pharmacy Technicians, Pharmacy Interns and Pharmacies › §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 a proposed written order containing findings of fact and conclusions of law. The proposed order may contain proposed disciplinary actions if the board so directs. The board may accept, reject or modify the decision of the administrative law judge.
(d) Any member or the executive director of the board has the authority to administer oaths, examine any person under oath and issue subpoenas and subpoenas duces tecum.
(e) If, after a hearing, the board determines the licensee, registrant or permittee has violated provisions of this article or the board's rules, a formal written decision shall be prepared which contains findings of fact, conclusions of law and a specific description of the disciplinary actions imposed.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 5. Pharmacists, Pharmacy Technicians, Pharmacy Interns and Pharmacies › §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.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 5. Pharmacists, Pharmacy Technicians, Pharmacy Interns and Pharmacies › §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 presents himself or herself out as qualified to practice pharmacist care or to assist in the practice of pharmacist care, or uses any title, word or abbreviation to indicate to or induce others to believe he or she is licensed to practice as a pharmacist or pharmacist technician without obtaining an active, valid West Virginia license to practice that profession; or
With a license that is:
(1) Expired, suspended or lapsed; or
(2) Inactive, revoked, suspended as a result of disciplinary action, or surrendered;
is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than ten thousand dollars.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 5. Pharmacists, Pharmacy Technicians, Pharmacy Interns and Pharmacies › §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 or amount of the drug originally written on the prescription, if all of these conditions are met:
(1) The action taken by the pharmacist does not result in a quantity or amount of the drug being dispensed that exceeds the total quantity that may be dispensed by filling and refilling the prescription.
(2) The prescription is for one of the following:
(A) A maintenance drug to be taken on a regular, recurring basis to treat a chronic condition;
(B) A drug to be taken on a regular, recurring basis to prevent disease; or
(C) A contraceptive.
(3) If the prescription is for a maintenance drug, the patient has used an initial 30-day supply of the drug, or a 90-day supply of the drug has previously been prescribed to the patient, and the pharmacist determines, after consulting with the patient, that the drug has stabilized the patients condition.
(4) The prescription is not for a controlled substance, as set forth in §60A-1-1 et seq.; and
(5) The pharmacist consults with the patient, and the pharmacist determines the action authorized by this section is appropriate for the patient.
(b) When a licensed practitioner authorizes a drug to be dispensed in a certain dosage, and the pharmacist is unable to dispense the drug in the same dosage as specified, the pharmacist may substitute the same drug in a different dosage, if the aggregate dosage of the prescription remains the same and the following conditions are met:
(1) The pharmacist counsels the patient on the differences; and
(2) The pharmacist notifies the patients prescriber of the drug product substitution within five business days of the substitution.
(c) This section does not require a health care insurer, government health care program, pharmacy benefit manager, or other entity that offers health benefit plans to provide coverage for a drug in a manner that is inconsistent with the patients benefit plan.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 6. Board of Funeral Service Examiners › §30-6-1. License Required to Practice

The practice of preparing dead human bodies for burial or cremation and the subsequent burial or cremation thereof has serious public health and safety considerations and should only be practiced by a person who has specific training in those fields.
Therefore, the Legislature hereby finds that to protect the public interest a person must have a license, as provided in this article, to practice embalming, funeral directing and cremation and to operate a funeral establishment and crematory in the State of West Virginia.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 6. Board of Funeral Service Examiners › §30-6-4. Board of Funeral Service Examiners

(a) The "West Virginia Board of Embalmers and Funeral Directors" is hereby continued and shall, after June 30, 2002, be known as the "West Virginia Board of Funeral Service Examiners". The members of the board in office on July 1, 2002 shall, unless sooner removed, continue to serve until their respective terms expire and until their successors have been appointed and qualified.
(b) Commencing with the board terms beginning July 1, 2002, the board shall consist of seven members appointed for terms of four years by the Governor, by and with the advice and consent of the Senate. Five members must be licensed embalmers and funeral directors, and one member must be a citizen member who is not licensed, certified or registered under the provisions of this article and who is not a person who performs any services related to the practice of embalming or funeral directing. Commencing with the board terms beginning July 1, 2002, the Governor shall appoint, by and with the advice and consent of the Senate, one person who operates a crematory in West Virginia which person shall replace the current board member whose term ended on June 30, 2002. The crematory operator who is appointed for the term commencing July 1, 2002, shall register and be certified, pursuant to the provisions of this article. Any crematory operator appointed thereafter shall be certified, pursuant to the provisions of this article.
(c) Each licensed member of the board, at the time of his or her appointment, must have held a license in this state for a period of not less than five years immediately preceding the appointment and each member must be a resident of this state during the appointment term. Each certified member must abide by the provisions of subsection (b) of this section. Board members must represent at least four different geographic regions of the state.
(d) No member may serve more than two consecutive full terms and any member having served two full terms may not be appointed for one year after completion of his or her second full term. A member shall continue to serve until his or her successor has been appointed and qualified.
(e) The Governor may remove any member from the board for neglect of duty, incompetency or official misconduct.
(f) Any member of the board immediately and automatically forfeits his or her membership if he or she has his or her license or certificate to practice suspended or revoked by the board, is convicted of a felony under the laws of any state or the United States or becomes a nonresident of this state.
(g) The board shall annually elect one of its members as president and one of its members as secretary.
(h) Each member of the board shall receive compensation and expense reimbursement in accordance with section eleven, article one of this chapter.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 6. Board of Funeral Service Examiners › §30-6-5. Powers of the Board

The board has all the powers set forth in article one of this chapter and in addition may:
(1) Sue and be sued in its official name as an agency of this state;
(2) Hire, fix the compensation of and discharge an executive director;
(3) Hire, fix the compensation of and discharge the employees necessary to enforce the provisions of this article;
(4) Set the requirements to be an inspector;
(5) Examine and determine the qualifications of any applicant for a license;
(6) Determine the qualifications of any applicant for a certificate;
(7) Set cremation procedures and requirements;
(8) Set the fees charged under the provisions of this article;
(9) Set the fines assessed under the provisions of this article;
(10) Issue, renew, deny, suspend, revoke or reinstate licenses and certificates and discipline licensees and certificate holders;
(11) Set the continuing education requirements for licensees and certificate holders;
(12) Investigate alleged violations of the provisions of this article and the rules promulgated hereunder, and orders and final decisions of the board;
(13) Conduct hearings upon charges calling for discipline of a licensee or revocation or suspension of a license;
(14) Propose rules in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement the provisions of this article; and
(15) Take all other actions necessary and proper to effectuate the purposes of this article.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 6. Board of Funeral Service Examiners › §30-6-6. Rule-Making Authority

(a) The board shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement the provisions of this article including, but not limited to, the following:
(1) The general practice of embalming, funeral directing and cremating, and operating a funeral establishment and crematory: Provided, That the board cannot require that an applicant for a license to operate a funeral establishment or crematory have either an embalmer's or funeral director's license, or a certificate to operate a crematory.
(2) The examinations administered under this article;
(3) The issuing and renewing of licenses, certificates and courtesy cards, including establishing a staggered biennial renewal schedule;
(4) The requirements for inactive licensees;
(5) The registration and regulation of apprentices;
(6) Establish a cremation procedure and crematory requirements;
(7) Establish inspection requirements for funeral establishments and crematories, including an inspection of a new facility and annual inspections of existing facilities;
(8) Establish inspector and investigator requirements;
(9) Setting the fees charged under the provisions of this article;
(10) Setting the fines assessed under the provisions of this article;
(11) Implementing requirements for continuing education for licensees;
(12) Denying, suspending, revoking, reinstating or limiting the practice of a licensee or certificate of qualification;
(13) The investigation and resolution of complaints against persons licensed, certified or registered under this article;
(14) Establish advertising standards; and
(15) Propose any other rules necessary to effectuate the provisions of this article.
(b) All rules in effect on the effective date of this article shall remain in effect until they are withdrawn, revoked or amended.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 6. Board of Funeral Service Examiners › §30-6-7. Fees; Special Revenue Account; Administrative Fines

(a) All fees and other moneys, except administrative fines, received by the board shall be deposited in a separate special revenue fund in the state Treasury and be used for the administration of this article. Except as may be provided in section eleven, article one of this chapter, the board shall retain the amounts in the special revenue account from year to year. No compensation or expense incurred under this article is a charge against the General Revenue Fund.
(b) Any amounts received as administrative fines imposed pursuant to this article shall be deposited into the General Revenue Fund of the state Treasury.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 6. Board of Funeral Service Examiners › §30-6-8. Embalmer License Requirements

The board shall issue a license to practice embalming to an applicant who:
(a) Is free of a felony conviction bearing a rational nexus to the profession pursuant to 30-1-24 of this code;
(b) Is 18 years of age or over;
(c) Is a citizen of the United States or is eligible for employment in the United States;
(d) Has a high school diploma or its equivalent;
(e) Has completed one of the following education requirements, as evidenced by a transcript submitted to the board for evaluation:
(1)(A) Has an associate degree from an accredited college or university; or
(2) Has successfully completed at least 60 semester hours or 90 quarter hours of academic work in an accredited college or university toward a baccalaureate degree with a declared major field of study; and
(3) Has graduated from a school of mortuary science, accredited by the American Board of Funeral Service Education, Inc., which requires as a prerequisite to graduation the completion of a course of study of not less than 12 months; or
(B) Has a bachelor degree in mortuary science from an accredited college or university;
(f) Has completed a one-year apprenticeship, under the supervision of a licensed embalmer and funeral director actively and lawfully engaged in the practice of embalming and funeral directing in this state, which apprenticeship consisted of:
(1) Diligent attention to the work in the course of regular and steady employment and not as a side issue to another employment; and
(2) The apprentice taking an active part in:
(A) The operation of embalming not less than 35 dead human bodies; and
(B) Conducting not less than 35 funeral services;
(g) Passes, with an average score of not less than 75 percent, the following examinations:
(1) The International Conference of Funeral Service Examining Boards examination at a testing site provided by the national conference, which passage is a condition precedent to taking the state law examination;
(2) The West Virginia Laws, Rules, and Regulations Examination, administered by the International Conference of Funeral Service Examining Boards; and
(3) Any other examination required by the board; and
(h) Has paid all the appropriate fees.
A license to practice embalming issued by the board prior to July 1, 2012, shall for all purposes be considered a license issued under this section: Provided, That a person holding a license issued prior to July 1, 2012, must renew the license pursuant to the provisions of this article.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 6. Board of Funeral Service Examiners › §30-6-9. Funeral Director License Requirements

(a) The board shall issue a license to practice funeral directing to an applicant who meets the following requirements:
(1) Completed a bachelors degree from an accredited institution; and
(2) Completed a two-year apprenticeship under the supervision of a licensee in charge or an active licensed funeral director; and
(3) Has paid all the appropriate fees.
(b) The two-year apprenticeship must consist of the following work:
(1) Diligent attention to the work in the course, or regular and steady employment, and not as a side issue to another employment;
(2) Conducting not less than 35 disposition arrangements for individuals;
(3) Conducting not less than 35 funeral and/or memorial services; and
(4) Passes with an average score of not less than 75 percent, the West Virginia Laws, Rules, and Regulations Examination.
(c) A license to practice funeral directing issued by the board prior to July 1, 2002, shall for all purposes be considered a license issued under this section:
Provided
, That a person holding a license issued prior to July 1, 2022, must renew the license pursuant to the provisions of this article.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 6. Board of Funeral Service Examiners › §30-6-10. Funeral Service License Requirements

(a) Commencing July 1, 2003, the board shall issue a license to practice embalming and funeral directing, which license shall be known as a funeral service license, to an applicant who meets the following requirements:
(1) Is of good moral character;
(2) Is eighteen years of age or over;
(3) Is a citizen of the United States or is eligible for employment in the United States;
(4) Holds a high school diploma or its equivalent;
(5) Has completed one of the education requirements for an embalmer's license, set out in subdivision (5), subsection (a), section eight of this article; and
(6) Has paid all the appropriate fees.
(b) A license to practice embalming and funeral directing issued by the board prior to July 1, 2003, shall for all purposes be considered a license issued under this section.
(c) A person holding a license to practice embalming and funeral directing issued prior to July 1, 2003, must after July 1, 2003, renew his or her license pursuant to the provisions of this section.
(d) After July 1, 2003, wherever the terms "license to practice embalming and funeral directing" or "embalming and funeral directing license" are used in the code, the term "funeral service license" shall apply.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 6. Board of Funeral Service Examiners › §30-6-11. Crematory Operator Certificate Requirements

(a) All crematory operators shall be certified by the board. The board shall issue a certificate to be a crematory operator to an applicant who meets the following requirements:
(1) Has completed a class, authorized by the board, on cremation and operating a crematory;
(2) Has paid all the appropriate fees; and
(3) Has completed such other requirements as prescribed by the board.
(b) All persons currently operating crematories shall by January 1, 2003, register with the board. By July 1, 2003, all persons currently operating crematories shall obtain a certificate to operate a crematory, pursuant to the provisions of this section.
(c) All certificates must be renewed biennially upon or before July 1.
(d) After July 1, 2003, all licensed crematories must have a certified crematory operator in charge.