West Virginia Code of State Rules › Agency 15 - Pharmacy › Title 15 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF PHARMACY › Series 15-01 - Licensure and Practice of Pharmacy › Section 15-1-16 - Duties and Responsibilities of the Pharmacist-in-Charge

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. A pharmacy may not operate without a
				pharmacist-in-charge (hereinafter "PIC"), who shall be designated on the
				application for a pharmacy license, and in each license renewal. A pharmacist
				may not serve as PIC unless he or she is physically present in the pharmacy a
				sufficient amount of time to provide supervision and control. A pharmacist may
				not serve as PIC for more than one pharmacy at any one time; Provided that, he
				or she may volunteer as the pharmacist-in-charge at a charitable clinic
				pharmacy while serving as a PIC in another pharmacy.
16.2. The pharmacist-in-charge has the
				following responsibilities:
16.2.1. The
				pharmacist-in-charge shall be responsible for the practice of pharmacy, as
				defined in this rule, at the pharmacy for which he or she is the
				pharmacist-in-charge. The pharmacy permit holder shall be responsible for all
				other functions, administrative and operational, of the pharmacy. The
				pharmacist-in-charge may advise the pharmacy permit holder in writing of
				administrative and operational matters. The pharmacist-in-charge is not legally
				responsible if the permit holder does not follow the written advice;
16.2.2. The pharmacist-in-charge shall
				document and notify the pharmacy permit holder of potential violations of any
				statute, rule or court order existing within the pharmacy. The PIC shall
				provide the permit holder verbal or electronic mail communication of any
				violations. Documentation shall be kept on file at the pharmacy. If appropriate
				action has not been taken within a reasonable amount of time the
				pharmacist-in-charge shall provide the pharmacy permit holder written
				notification of the violation(s) and a copy shall be retained in the pharmacy.
				If appropriate action has not been taken or significant progress achieved
				within a reasonable amount of time the pharmacist-in-charge shall provide a
				written notice to the permit holder with a copy submitted to the Chief
				Compliance Officer at the Board. No pharmacist-in-charge shall be sanctioned by
				the Board for any violation of any statute, rule or court order if they have
				previously given documented notice to the pharmacy permit holder as outlined in
				this section. The pharmacy permit holder shall be responsible for such
				violations. Nothing precludes the pharmacist-in-charge from immediately
				notifying the Board of any violations;
16.2.3. Implementing quality assurance
				programs for pharmacy services designed to objectively and systematically
				monitor and evaluate the quality and appropriateness of patient care, pursue
				opportunities to improve patient care, and resolve identified problems. Quality
				assurance programs shall be designed to prevent and detect drug
				diversion;
16.2.4. The PIC shall
				implement and maintain a Pharmacy Technician Training Manual for the specific
				practice setting of which he or she is in charge. He or she shall supervise a
				training program conducted pursuant to the training manual for all individuals
				employed by the pharmacy who will assist in the practice of pharmacy. The PIC
				shall maintain a record of all technicians successfully completing the
				pharmacy's technician training program and shall attest to the Board, in a
				timely manner, those persons who, from time to time, have met the training
				requirements necessary for registration with the Board;
16.2.5. Implementing policies and procedures
				for the procurement, storage, security, and disposition of drugs and
				devices;
16.2.6. Assuring that all
				pharmacists and pharmacy interns employed at the pharmacy are currently
				licensed and that all pharmacy technicians employed at the pharmacy are
				currently registered with the board;
16.2.7. Notifying the board immediately of
				any of the following changes:
16.2.7.a. Change
				of employment or responsibility as the PIC;
16.2.7.b. Change of ownership of the
				pharmacy;
16.2.7.c. Change of
				address of the pharmacy;
16.2.7.d.
				Permanent closing of the pharmacy which shall be accompanied with a statement
				of the location where records will be retained for the required time period;
				or
16.2.7.e. The separation of
				employment of any pharmacist, pharmacy intern, pharmacy technician, or pharmacy
				technician trainee for any confirmed drug-related reason, including but not
				limited to, adulteration, abuse, theft, or diversion.
16.2.7.f. Notification shall include the
				reason for the termination. If it is the employment of the Pharmacist-in-Charge
				that is terminated, the owner and/or pharmacy permit holder shall immediately
				notify the Board of Pharmacy.
16.2.8. Making or filing any reports required
				by state or federal laws, rules, and regulations;
16.2.9. Responding to the board regarding any
				warning notice issued by the Board. The Board shall provide notification of the
				issuance of the warning notice to the pharmacy permit holder;
16.2.10. Implementing policies and procedures
				for maintaining the integrity and confidentiality of prescription information
				and patient health care information, or verifying their existence and ensuring
				that all employees of the pharmacy read, sign, and comply with the established
				policies and procedures; and
16.2.11. Providing the board with prior
				written notice of the installation or removal of an Automated Pharmacy System.
				The notice shall include, but is not limited to:
16.2.11.a. The name and address of the
				pharmacy;
16.2.11.b. The location
				of the automated equipment; and
16.2.11.c. The identification of the
				responsible pharmacist.