West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-05 - Dispensing of Prescription Drugs by Practitioners › Section 11-5-5 - General Practice Requirements Applicable to All Drug Dispensing Practitioners

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. A drug
				dispensing practitioner may not fill prescriptions written by other
				practitioners.
5.2. A drug
				dispensing practitioner may only dispense or administer prescription drugs to a
				patient under the practitioner's care in the course of his or her professional
				practice.
5.3. The sale at retail
				of prescription drugs by dispensing practitioners is prohibited.
5.4. A legible notice, no smaller than 8 1/2"
				by 11", shall be posted in a conspicuous place in every office of where a drug
				dispensing practitioner engages in dispensing. The notice must include: "Every
				patient has the right to receive a written prescription as an alternative to
				having prescription medications dispensed to you by your physician, podiatric
				physician or physician assistant."
5.5. A drug dispensing practitioner may
				administer those drugs to a patient under his or her care, which are, in the
				practitioner's medical judgment, therapeutically beneficial or necessary for
				the patient's treatment and in keeping with approved use of the medication.
5.6 A drug dispensing practitioner
				shall comply with all appropriate record keeping requirements applicable to the
				drugs administered. A practitioner must assure compliance with the record
				keeping requirements by persons acting under his or her direction and
				supervision.
5.7. Prior to
				dispensing a prescription drug to a patient, a drug dispensing practitioner
				shall offer to provide a written prescription to the patient, which the patient
				may elect to have filled by the practitioner or by any licensed pharmacy of the
				patient's choice.
5.8. The
				dispensing of prescription drugs shall be the personal act of the drug
				dispensing practitioner to a patient under his or her care. A drug dispensing
				practitioner may not delegate any aspect of dispensing prescription drugs which
				requires the utilization of the knowledge, judgment, ability or skill of a drug
				dispensing practitioner.
5.9. Drug
				dispensing practitioners may make reasonable charges for their services,
				including reasonable charges for any prescription drugs they dispense. If a
				drug dispensing practitioner charges for dispensing prescription drugs, a
				charge for prescription drugs shall be separately listed on the patient's bill,
				and the patient shall be informed of the separate charge for said prescription
				drug prior to the medication being dispensed by the practitioner.
5.10. When a patient receives a generic drug
				product from a dispensing practitioner, the patient shall be informed that a
				generic drug product is being dispensed.
5.11. Except as otherwise limited by state or
				federal law, a drug dispensing practitioner may dispense amounts of drugs as
				the provider determines is sufficient to a patient's course of treatment. A
				drug dispensing practitioner may not dispense a quantity or classification of
				prescription drugs which exceeds the quantity or classification that the
				practitioner is authorized by law to prescribe.
5.12. Prior to dispensing a prescription
				drug, a dispensing practitioner shall discuss with the patient matters
				pertaining to the drug, why the dispensing practitioner has prescribed the
				drug, contraindications to the drug's use, and he or she shall provide the
				patient with an opportunity to ask questions regarding the drug, any side
				effects and/or the directions for usage.
5.13. A drug dispensing practitioner must
				clearly document in the patient's medical record when a prescription drug is
				dispensed or administered to a patient. The documentation must include:
5.13.a. The date the prescription drug was
				dispensed or administered;
5.13.b.
				The name of the prescription drug which was dispensed or
				administered;
5.13.c. The quantity
				and/or dose of prescription drug dispensed or administered; and
5.13.d. The basis or reason the prescription
				drug was prescribed, dispensed or administered.