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 15-1-3 - General Provisions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Officers of the Board. - The members of the board shall annually elect as
				officers of the Board one (1) member to serve as President of the Board, one
				(1) to serve as Vice-president and one (1) to serve as Secretary, all to serve
				a one (1) year term or until their successors are elected. The election is to
				be held in June each year.
3.2.
				Official Seal - The Board hereby reaffirms and readopts, as the official seal
				of the Board the following: The outer circle of the seal has inscribed in it
				'West Virginia Board of Pharmacy'; and the inner circle of the seal consists of
				a base upon which rests a graduate entwined about which there is an Aesculapius
				serpent and holding in balance a set of scales, an impression of which is
				affixed to it.
3.3. Disposition of
				moneys; report to auditor. - The Secretary shall receive and account for, all
				moneys derived by virtue of the provisions of W.Va. Code §§
									30-1-1 et. seq. and 30-5-1 et.
				seq., and shall pay such moneys into the State Treasury monthly on or before
				the tenth day of each month in which the monies are received.
3.4. Record of proceedings; registration of
				applicant; certified copies of records prima facie evidence, report to
				governor. - The Secretary of the Board shall keep a record of its proceedings
				and a register of all applicants for license or registration, showing for each,
				the date of his or her application, name, age, educational and other
				qualifications, place of residence, whether an examination was required,
				whether the applicant was rejected or a certificate of licensure or
				registration granted, the license or registration number, if required, and any
				suspension or revocation of any license or registration. The books and register
				of the Board shall be open to public inspection at all reasonable times, and
				the books and register, or a copy of any part of them, certified by the
				Secretary and attested by the seal of the Board, is prima facie evidence of all
				matters recorded by the Board.
3.5.
				Roster of licensed or registered persons. - The Secretary shall prepare and
				maintain a complete roster of all persons, granted a board authorization,
				alphabetically and by class or type and by whether within or without the
				state.
3.6. Power of Inspection and
				Investigation - The authorized agents of the Board may inspect and investigate
				in a lawful manner and during regular business hours all places or persons
				holding a board authorization. The investigation may include, but not be
				limited to, all inventories, invoices for prescription drugs, selling prices,
				and other records required by law, acts of individuals and facilities, but
				shall not extend to financial data or sales data other than shipment data or
				pricing data; unless the owner, operator or agent in charge of the controlled
				premises consents in writing. The board authorization holder shall allow access
				to selling prices only when needed for a specific investigation or inquiry by
				the Board regarding a particular drug.
3.7. During the course of any inspection or
				investigation by an agent of the Board the agent may temporarily close any
				holder of a board authorization upon the discovery of any of the following:
3.7.1. the ability of the pharmacist to
				practice pharmacist care with reasonable skill, competency, or safety to the
				public is impaired because the board authorization holder's cognitive,
				interpersonal, or psychomotor skills are affected by psychiatric,
				psychological, or emotional problems, or excessive alcohol or drug use or
				addiction; or
3.7.2. the absence of
				valid board authorization issued by the Board or by the absence of an available
				pharmacist to be on duty.