reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-11 - Injectable Pharmaceutical Agents Certificate › Section 14-11-11 - Restrictions

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. A certificate
				holder may not establish a pharmacy in an optometric office or sell injectable
				pharmaceutical agents prescribed in treatment unless there is a licensed
				pharmacist on staff or present when the prescription is filled. Nothing in this
				rule shall prohibit the optometrist from charging a usual and customary fee for
				performing the injection.
11.2.
				Retrobulbar and Peribulbar injections are prohibited.
11.3. The board shall establish a formulary
				of pharmaceutical agents to be administered by injection.
11.3.a. The injection formulary shall be
				created from those agents that certificate holders have been authorized
				previously to administer or prescribe as topical agents or oral medication
				categories listed in the oral formulary of the Board in the W. Va. Code of
				State Rules, §14-2-7.2.a through §14-2-7.2.g.
11.3.b. New drugs or drug indications may be
				added to the formulary by a decision of the Board based on any of the following
				criteria:
11.3.b.1 A new or existing drug has
				been approved by the Food and Drug Administration for the treatment of the eye
				or its appendages.
11.3.b.2. A new
				drug or new drug indication has gained accepted use in the eye care field. Such
				acceptance may be indicated by its inclusion in the curriculum of an optometry
				school accredited by the Accreditation Council on Optometric Education or its
				successor approved by the U.S. Department of Education or approved
				post-graduate continuing education, through peer-reviewed, evidence-based
				research and professional journal articles, or by inclusion in established
				standards of practice and care published by professional
				organizations.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-12 - Optometric Telehealth Practice › Section 14-12-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope -- This
				legislative rule establishes requirements for telehealth registration and
				telehealth practice.
1.2. Authority
				-- W. Va. Code §
									30-8-1.,
et seq
.,
				W. Va. Code, §
									30-8a-1,
et. seq
.
				and W Va. Code
				30-1-26.
1.3. Filing Date -- May 11, 2023
1.4. Effective Date -- May 11, 2023
1.5. Sunset Provision: This rule shall
				terminate and have no further force or effect on August 1, 2028.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-12 - Optometric Telehealth Practice › Section 14-12-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Board" means
				the West Virginia Board of Optometry.
2.2. "Established patient" means a patient
				who has received professional services, face-to-face, from the optometrist, or
				optometrist of the exact same specialty and subspecialty who belongs to the
				same group practice, within the past three years.
2.3. "Interstate telehealth services" means
				the provision of telehealth services to a patient located in West Virginia by a
				health care practitioner located in any other state or commonwealth of the
				United States.
2.4. "Optometrist"
				means an individual licensed to practice optometry in West Virginia under
				§
									30-8-1,
et seq.
or in any other state or commonwealth of the United States.
2.5. "Registration" means an authorization to
				practice optometry regulated by §
									30-8-1
et. seq.
of this code and this rule for the limited purpose of providing interstate
				telehealth services within the registrant's scope of practice.
2.6. "Registrant" means an individual who
				holds a valid telehealth registration from the Board.
2.7. "Store-and-forward technologies" means
				the asynchronous computer-based communication of medical data or images from an
				originating location in West Virginia to a registered optometrist at another
				site for diagnostic purposes.
2.8.
				"Telehealth services" means the use of synchronous or asynchronous
				telecommunications technology or audio-only telephone call by a health care
				practitioner to provide health care services, including, but not limited to,
				assessment, diagnosis, consultation, treatment, and monitoring of a patient;
				transfer of medical data; patient and professional health-related education;
				public health services; and health administration. The term does not include
				internet questionnaires, e-mail messages, or facsimile transmissions.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-12 - Optometric Telehealth Practice › Section 14-12-3 - Requirements for Optometric Telemedicine

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The practice of optometry occurs where
				the patient is located at the time the telehealth services are
				provided.
3.2. The optometrist who
				registers to practice interstate telehealth shall be:
3.2.1. Licensed in good standing in all
				states in which he or she is licensed and not currently under investigation or
				subject to an administrative complaint; and
3.2.2. Registered as an interstate telehealth
				practitioner with the West Virginia Board of Optometry holding a valid
				registration.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-12 - Optometric Telehealth Practice › Section 14-12-4 - Registration and Renewal

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. To provide
				optometric care in the State of West Virginia via interstate telehealth
				services, an individual not otherwise licensed by the Board must first apply
				for and obtain registration with the Board using the application materials
				provided by the Board and paying fees equal to the initial in-state optometry
				license application and annual licensing fees. The annual renewal fees for a
				registrant shall be equal to the annual renewal fees for an in-state optometry
				license renewal as set forth by the Board's rules and fees established by the
				Board. The annual renewal and expiration dates shall equal the annual renewal
				and expiration dates of in-state licenses as set forth by the Board.
4.2. By registering to provide interstate
				telehealth services to patients in this state, a registrant is subject to all
				laws, rules, and regulations regarding the practice of optometry in this state,
				including the state judicial system and all professional conduct rules and
				standards incorporated into the Optometry Practice Act, W. Va. Code, §
									30-8-1,
et. seq
.,
				and all legislative rules and jurisdiction of the West Virginia Board of
				Optometry including the Board's complaint, investigation, and hearing
				process.
4.3. To obtain
				registration with the Board, an individual must be a licensed optometrist in
				good standing in all other states in which he or she is licensed and not
				currently under investigation or subject to an administrative
				complaint.
4.4. A registrant shall
				immediately notify the Board of any restrictions placed on the individual's
				license to practice in any state or jurisdiction.
4.5. A registration with the Board does not
				authorize an optometrist to practice from a physical location within the State
				of West Virginia without first obtaining appropriate licensure.
4.6. A person currently licensed to practice
				optometry in this state is not subject to registration but shall practice
				telehealth in accordance with the provisions of W.Va. Code, §
									30-1-26, W.Va. Code, §
									30-8-1,
et. seq.
and the rules promulgated thereunder.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-12 - Optometric Telehealth Practice › Section 14-12-5 - Restrictions

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Nothing in
				this section shall be construed to invalidate §
									30-8A-3 or to permit use of any
				automated refractor or other automated or remote testing device to generate
				refractive data.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-14 - Eyelid Procedures › Section 14-14-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes certain eyelid procedures as included within the scope of
				practice of optometrists.
1.2.
				Authority. -- W. Va. Code §
									30-8-1 et. seq., W.Va. Code,
				30-8-6, W.Va. Code
				30-8-9.
1.3. Filing Date. -- May 9, 2024
1.4. Effective Date. -- May 9, 2024
1.5. Sunset Provision. -- This rule shall
				terminate and have no further force or effect on August 1, 2029.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-14 - Eyelid Procedures › Section 14-14-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Optometrist"
				means a person who practices optometry as defined in W. Va. Code §
									30-8-3.
2.2. "Ocular Adnexa" means the eyelids and
				structures adjacent to the eye.
2.3. "Malignant growth" means abnormal growth
				of tissue that may invade nearby tissue or spread to other parts of the
				body.
2.4 "Non-malignant growth"
				means abnormal growth of tissue that is unlikely to spread to other parts of
				the body, commonly referred to as benign.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-14 - Eyelid Procedures › Section 14-14-3 - Scope of Practice

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The
				removal, biopsy, and treatment of non-malignant growths of the ocular adnexa
				that do not extend beyond the dermal layer of skin or mucus membranes shall be
				included in the description of the practice of optometry and shall be included
				in the definition of an optometrist's scope of practice.
3.2. An optometrist shall adhere to generally
				accepted standards of care and follow established clinical guidelines for
				removal, biopsy, and treatment of abnormal tissue growth from the ocular
				adnexa. The optometrist shall monitor the patient for any adverse reaction and
				provide appropriate follow-up care.
3.3. If malignant growth is suspected or
				confirmed through biopsy, an optometrist shall take appropriate measures to
				promptly refer the patient to an appropriate specialist in the treatment of
				malignant growth.
3.4. This rule
				pertains strictly to the ocular adnexa and does not address procedures
				involving any other part of the eye or human body.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-14 - Eyelid Procedures › Section 14-14-4 - Exclusions

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Surgery
				related to removal of the eye from a living human being;
4.2. Surgery requiring full-thickness
				incision or excision of the cornea or sclera other than paracentesis in an
				emergency situation requiring immediate reduction of the pressure inside the
				eye;
4.3. Penetrating keratoplasty
				(corneal transplant), or lamellar keratoplasty;
4.4 Surgery requiring incision of the iris
				and ciliary body;
4.5. Surgery of
				the eyelid for eyelid malignancies or mechanical repair of blepharochalasis,
				ptosis, and tarsorrhaphy;
4.6.
				Surgery of the bony orbit, including orbital implants;
4.7. Incisional or excisional surgery of the
				lacrimal system other than lacrimal probing or related procedures;
4.8. Surgery requiring full thickness
				conjunctivoplasty with graft or flap;
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 15-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				Licensure and practice of pharmacist care.
1.2. Authority -- W. Va. Code §§
									30-5-7.
1.3. Filing date -- May 3, 2024.
1.4. Effective date -- May 3, 2024.
1.5. Sunset Provision -- This rule shall
				terminate and have no further force or effect on August 1, 203.
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 15-1-4 - Internship Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. No
				person may practice as a pharmacy intern without being licensed by the
				board.
4.2. To be eligible to
				practice as a pharmacy intern, an applicant must:
4.2.1. make application to the board on a
				form provided by the Board;
4.2.2.
				pay the required application fee;
4.2.3. meet all other requirements for
				licensure; and
4.2.4. complete a
				criminal history records check as prescribed in § 29.
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 15-1-5 - Confidential Information

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. All
				licensees and registrants must comply with the Health Insurance Portability and
				Accountability Act ("HIPAA"), 45 CFR § 160, 45 CFR § 162, and 45 CFR
				§ 164.
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 15-1-6 - Transfer of Prescription Drugs

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. No prescription drug may be transferred
				except by the following methods:
6.1.1.
				Transfer of drugs without prescription.
6.1.1.a. Prescription drugs without a
				prescription may be transferred only to a permittee or practitioner and the
				transaction shall be recorded and the gross dollar value of the transfers shall
				not exceed five percent (5%) of the total prescription drug sales revenue of
				either the transferor or the transferee pharmacy during any twelve (12)
				consecutive month period.
6.1.1.b.
				The record showing transfers of prescription drugs without a prescription shall
				contain:
6.1.1.b.1. the name of the drug and
				its quantity;
6.1.1.b.2. the date
				of transaction;
6.1.1.b.3. the
				permittee or practitioner to whom the prescription drug was transferred;
				and
6.1.1.b.4. the selling
				price.
6.1.1.c. The
				record of the transfer shall be kept in the pharmacy and be immediately
				accessible within one year from the date of transfer, and available within
				seventy-two (72) hours if between one year and five years from the date of
				transfer.
6.1.1.d. Any pharmacy
				with transfers of prescription drugs that exceed the five percent restriction
				set forth in paragraph 9.6.1.1a of this section shall obtain a permit to be a
				wholesaler. Intracompany sales and transfers of drugs by a retail pharmacy to
				another retail pharmacy to alleviate a temporary shortage shall not be included
				in calculation of the drug sales revenue.
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 15-1-7 - Refilling Prescription Orders

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. A pharmacist may not refill any
				prescription order containing a drug if the label of the original container
				bears the statement, "CAUTION: Federal Law Prohibits Dispensing Without
				Prescription", or "RX Only", unless the practitioner has authorized the refill
				by written notation on the original prescription order. Subsequent refill
				authorization shall be treated as a new prescription order.
7.2. If a prescription order is refillable,
				the date of the refill and the handwritten initials of the pharmacist shall be
				recorded upon the original written prescription order; if an Automated Data
				Processing System is used to document the refill, such documentation shall be
				completed in accordance with West Virginia Title 15 Code of State Rules Series
				4.
7.3. No prescription order may
				be refilled after twelve (12) months from the date of issuance by the
				practitioner.
7.4. The refilling of
				prescription orders for controlled substances is limited by provisions of the
				Uniform Controlled Substances Act, W. Va. Code §
									60A-3-308.
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 15-1-8 - Transferring Prescription Orders Between Pharmacies

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The pharmacist or pharmacy intern shall,
				upon the request of the patient, transfer the prescription information to the
				pharmacy designated by the patient. Pharmacy interns are prohibited from
				transferring controlled substances.
8.2. The transfer of original prescription
				order information is permissible between pharmacies if the transfer is
				communicated directly between pharmacists or pharmacy interns, and the
				following occurs:
8.2.1. The transferring
				pharmacist or pharmacy intern:
8.2.1.a. Writes
				the word "VOID" on the face of the original prescription order; for electronic
				prescriptions, information that the prescription has been transferred must be
				added to the prescription record;
8.2.1.b. Records on the reverse of the
				original prescription the name, address, and Drug Enforcement Administration
				(DEA) registry number of the pharmacy to which the prescription was transferred
				and the name of the pharmacist or pharmacy intern receiving the prescription
				information; for electronic prescriptions, information that the prescription
				has been transferred must be added to the prescription record; and
8.2.1.c. Records the date and time of the
				transfer and his or her first and last name;
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 15-1-9 - Returning Drugs and Devices

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. No
				pharmacist or pharmacy shall accept from a patient or other person, except for
				the purpose of destruction, any part of any unused prescription drug unless:
9.1.1. The returned drugs are in a
				manufacturer's original, sealed and visibly tamperproof container;
9.1.2. The returned drugs are in
				extemporaneously prepared unit dose packaging, as defined in this rule, and are
				returned within an institution or by an institution; and
9.1.3. All drugs are identified as to lot and
				control number and expiration date.
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 15-1-10 - Drug Product Selection and Substitution

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. The Board adopts the drug products in
				the Approved Drug Products with Therapeutic Equivalence Evaluations published
				by the Food and Drug Administration, Center for Drug Evaluation and Research,
				(commonly called the "Orange Book") with "AA", "AB", "AN", "AO", "AP", or "AT"
				ratings and any authorized generics as acceptable products for generic
				substitution as required by W. Va. Code §
									30-5-12b. The Board may approve
				drug products not listed in the Orange Book as acceptable products for generic
				substitution upon submission of a written request to the Board.
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 15-1-11 - Equipment, Facilities and Record Systems

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. The Board shall not issue a
				registration to operate a pharmacy unless the necessary professional, physical,
				and technical equipment requirements have been fulfilled.
11.1.1. The pharmacy shall have a separate
				area available for patient counseling which will ensure the privacy and
				confidentiality of the discussions; and which has adequate space to use any
				equipment, visual aids, and publications, if necessary, to provide proper
				counseling. This subdivision does not apply to pharmacies which have been
				granted a registration prior to the effective date of this provision of May 1,
				1999 or inpatient pharmacies.
11.1.2. All standards set by the United
				States Pharmacopeial Convention ("USP")are the minimum standards followed by
				all licensed pharmacists and pharmacies during the course of the professional
				practice of pharmacist care.
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 15-1-12 - Sterile Pharmaceutical Compounding

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Permitting and Control.
12.1.1. A pharmacy compounding or mixing
				prescription orders for sterile solutions or suspensions shall obtain a Sterile
				Pharmaceutical Compounding Permit from the Board in addition to a pharmacy
				license. The Board shall issue a permit after a satisfactory inspection of the
				completed facilities.
12.1.2. The
				compounding and preparation of sterile prescription orders shall be
				accomplished in a pharmacy environment subject to the West Virginia Code and
				the Rules of this Board and all Federal laws and regulations.
12.1.3. Sterile compounding or mixing shall
				be under the supervision and control of a pharmacist who shall be present on
				duty during all hours of prescription preparation.
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 15-1-13 - Licensure and Control of Nuclear Pharmacies

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. General Requirements.
13.1.1. A pharmacy providing
				radiopharmaceutical services, and compounding or mixing prescription orders for
				radiopharmaceuticals shall obtain a Nuclear Pharmacy registration from the
				Board. The license will be issued after satisfactory inspection of the
				completed facilities. The license will be issued only when the
				pharmacist-in-charge is a qualified nuclear pharmacist and the pharmacy has
				been approved by the appropriate federal agency.
13.1.2. Pharmacies providing regular
				pharmacist care in addition to radiopharmaceutical services shall comply with
				all sections of this rule applicable to pharmacies in general.
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 15-1-14 - Sanitary Regulation of Pharmacies

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. The pharmacy shall have undergone a
				pharmacy inspection by the Board or authorized agent thereof; and possess the
				following minimum requirements for a pharmacy:
14.1.1. Each Pharmacy shall be of sufficient
				size, as determined by the Board, to allow for the safe and proper storage of
				Prescription Drugs and for the safe and proper Compounding and/or preparation
				of Prescription Drug Orders.
14.1.2. Each Pharmacy shall maintain an area
				designated for the provision of Patient Counseling services. This area shall be
				designed to provide a reasonable expectation of privacy of Protected Health
				Information.
14.1.3. The
				prescription counter shall be used for no other purpose than for the
				compounding and dispensing of prescriptions and shall be maintained free from
				dust and in an orderly condition.
14.1.4. All pharmacist and pharmacy interns
				when providing pharmacist care, shall wear a name tag identifying the
				individual and showing their job designation, and are required to keep
				themselves and their apparel in clean condition. All pharmacy technicians and
				pharmacy technician trainees shall wear a name tag identifying the individual
				and showing their job designation and shall wear clean attire. Provided, that
				only pharmacists and pharmacy interns may wear a white coat or
				jacket.
14.1.5. All areas where
				Drugs and Devices are stored shall be dry, well lighted, well ventilated, and
				maintained in a clean and orderly condition. Storage areas shall be maintained
				at temperatures which will ensure the integrity of the Drugs prior to their
				Dispensing as stipulated by the United States Pharmacopeia-National Formulary
				(USP-NF) and/or the Manufacturer's or Distributor's Product Labeling unless
				otherwise indicated by the Board.
14.1.6. Each Pharmacy shall have access to a
				sink with hot and cold running water that is convenient to the prescription
				preparation, patient care, and compounding area for the purpose of hand scrubs
				prior to pharmacist care.
14.1.7 The
				Pharmacy shall carry and utilize the equipment and supplies necessary to
				conduct a Pharmacy in a manner that is in the best interest of the patients
				served and to comply with all State and Federal laws.
14.1.8. The Pharmacy shall provide a means
				for patients to prevent disclosure of Confidential Information or personally
				identifiable information that was obtained or collected by the Pharmacist or
				Pharmacy incidental to the Delivery of Pharmacist Care Services other than as
				authorized by law or rules of the Board.
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 15-1-15 - Rules of Professional Conduct

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. Statement of purpose
15.1.1. The practice of pharmacy is a
				profession dedicated to the service of public health which requires knowledge,
				skill and integrity. The practice of pharmacy is restricted to persons who
				possess special education and qualifications and licenses to practice pharmacy.
				The pharmacist recognizes his or her responsibility to the public in providing
				pharmacist care, providing safe storage and handling of drugs, in dispensing
				drugs and devices and the dissemination of information on drugs and devices to
				other health care specialists. For these reasons he or she is obligated to the
				highest standards of professional conduct.
15.1.2. In order that the citizens of West
				Virginia shall receive the best possible pharmacist care, and that the public
				health, welfare and safety be fully protected, the following rules of
				professional conduct shall be followed at all times.
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 15-1-18 - Labeling

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1. All drugs
				dispensed by a licensed pharmacy shall be labeled according to the requirements
				of this section, and shall include all information required by federal law or
				regulation or state law or rule.
18.1.1. All
				drugs dispensed for use by inpatients of a hospital or other health care
				facility, where the drug is not in the possession of the ultimate user prior to
				administration, shall meet the following requirements:
18.1.1.a. the label of a single-unit package
				of an individual-dose or unit-dose system of packaging of drugs shall include:
18.1.1.a.1. the name of the drug;
18.1.1.a.2. the route of administration, if
				other than oral;
18.1.1.a.3. the
				strength and volume, where appropriate, expressed in the metric system whenever
				possible;
18.1.1.a.4. the control
				number and expiration date;
18.1.1.a.5. special storage conditions, if
				required; and
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 15-1-19 - Pharmacist Consultants

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1.
				Locations requiring a pharmacist to serve as a pharmacy consultant:
19.1.1. Hospital or medical clinic without a
				pharmacy;
19.1.2. Humane
				society;
19.1.3. Weight loss clinic
				(registered as a facility);
19.1.4.
				Urgent care clinic;
19.1.5. Long
				Term Care Facility, including but not limited to, skilled nursing facilities,
				intermediate nursing facilities, nursing homes, extended care facilities,
				assisted living facilities, rest homes, and personal care centers;
19.1.6. Opioid Treatment Facility or
				Medication Assisted Treatment Facility;
19.1.7. Jails and correctional
				facilities.
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 15-1-20 - Specialized Dispensing Systems

Current through Register Vol. XLI, No. 28, July 12, 2024
20.1. Definition.
20.1.1. Specialized dispensing systems are
				those systems other than traditional bottle systems used to provide controlled
				administration of drugs, for oral administration, to ambulatory patients, and
				to patients and residents of health institutions.
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 15-1-21 - Institutions and Other Places Needing a Controlled Substance Permit

Current through Register Vol. XLI, No. 28, July 12, 2024
21.1. Any facility,
				including any hospital, skilled nursing facility, intermediate nursing
				facility, personal care home, jail, correctional institution, emergency
				organization, clinic or any other place which is responsible to administer
				drugs to in-patients or out-patients which, may or may not, hold a permit from
				this Board to operate a pharmacy, shall have a permit to handle controlled
				substances at the facility. A practitioner whose office is his or her primary
				place of practice is not required to obtain a permit for the office but shall
				obtain a permit for any satellite offices or clinics with controlled substances
				on the premises.
21.2. The Board
				shall issue a controlled substance permit to those persons required by W. Va.
				Code §§
									60A-3-301, 302 to possess a
				permit.
21.3. Fees -The fees for a
				controlled substance permit are as follows unless changed by statute:
21.3.1. Manufacturer and wholesaler . . . . .
				. . . . . . . . . . . . .$50.00
21.3.2. Hospital or Clinic . . . . . . . . .
				. . . . . . . . . . . . . . . . . .$50.00
21.3.3. Extended care facility or nursing
				home . . . . . . . . . .$25.00
21.3.4. Non-government training institution .
				. . . . . . . . . . .$25.00
21.3.5.
				Non-government researcher . . . . . . . . . . . . . . . . . . .$25.00
21.3.6. Pharmacy . . . . . . . . . . . . . .
				. . . . . . . . . . . . . . . . . . . $10.00
21.3.7. Non-government jails and correctional
				facilities . . ..$25.00
21.3.8.
				Non-government rescue or emergency squads . . . . .$25.00
21.3.9. Non-government humane societies . . .
				. . . . . . . . . . .$25.00
21.3.10
				All government agencies or employees are exempt from paying the fee.
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 15-1-22 - Emergency Dispensing by Pharmacists

Current through Register Vol. XLI, No. 28, July 12, 2024
22.1. If a pharmacist is unable to obtain a
				refill authorization from a health care professional who issued the
				prescription and the pharmacy at which the pharmacist works has a record of the
				prescription for the drug in the name of the patient who is requesting it, a
				pharmacist may dispense an emergency supply of a prescription drug of
				life-sustaining medication or continue therapy for a chronic condition of the
				patient, when in the professional judgement of the pharmacist, failure to
				dispense could result in harm to the health of the patient. An amount not to
				exceed a thirty (30) day supply or the standard unit of dispensing of a
				non-controlled substance may be provided to the patient as demonstrated by
				records maintained by the pharmacy. An amount not to exceed a seventy-two (72)
				hour supply of a Schedule III, IV or V may be provided to the patient as
				demonstrated by records maintained by the pharmacy. A pharmacist shall not
				dispense a particular drug to a patient as an emergency supply more than once
				in any twelve-month period.
22.1.1. A
				pharmacist who dispenses under §15-1-22 shall:
22.1.1.a. maintain a record of the dispensing
				for one (1) year from the date of dispensing;
22.1.1.b. notify the health professional who
				prescribed the initial professional within seventy-two (72) hours after the
				drug is dispensed;
22.1.1.c. if
				possible, obtain authorization for additional dispensing from one of the health
				professionals responsible for the patients care; and
22.1.1.d. a pharmacist who dispenses under
				this section may do so once per year for each particular drug.
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 15-1-23 - West Virginia Official Prescription Paper Program Rules

Current through Register Vol. XLI, No. 28, July 12, 2024
23.1. The purpose of this section is to
				establish rules for the West Virginia official prescription paper program set
				forth at West Virginia Code Section
				30-5-7(a)(32) for
				use in writing prescriptions by practitioners.
23.2. Minimum Requirements of West Virginia
				Official Prescription Paper. The prescription paper shall contain the following
				security features:
23.2.1. shall meet all
				requirements issued by the Center for Medicare and Medicaid Services for a
				written prescription for controlled substances as required by Section 2002(b)
				of PL. 110-28 of the Iraq War Supplemental Appropriations Bill enacted by the
				United States Congress in 2007;
23.2.2. shall contain six (6) quantity
				check-off boxes printed on the form and in the following quantities shall
				appear:
23.2.2.a. 1-24;
23.2.2.b. 25-49;
23.2.2.c. 50-74;
23.2.2.d. 75-100;
23.2.2.e. 101-150; and
23.2.2.f. 151 and over:
Provided That, if the blank has the quantity prescribed
				  electronically printed in both numeric and word format, then the quantity
				  check-off boxes shall not be necessary;
23.2.3. shall contain space for the
				prescriber to indicate number of refills, if any, or to indicate no
				refills;
23.2.4. shall provide
				space for the patient's name and address, the prescribing practitioner's
				signature;
23.2.5. shall provide
				space for the preprinted, stamped, typed, or manually printed name, address and
				telephone number of the prescribing practitioner, and the practitioner's DEA
				registration number and NPI number; Provided that, if a practitioner does not
				have authority to prescribe controlled substances, then no DEA number shall be
				required, and, instead, the following statement shall be printed: "No
				Controlled Substances Authority"; and, Provided further that, if a practitioner
				is a veterinarian, no NPI number shall be required;
23.2.6. shall contain the following statement
				printed on the bottom of the prescription blank: "This prescription may be
				filled with a generically equivalent drug product unless the words 'Brand
				Medically Necessary' are written in the practitioner's own handwriting, on this
				prescription form.".
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 15-1-24 - Practice of Telepharmacy

Current through Register Vol. XLI, No. 28, July 12, 2024
24.1.
				Except as otherwise provided specifically herein, the practice of telepharmacy
				is permitted only as follows:
24.1.1. for a
				pharmacist to provide direct patient-care activities, when the patient is
				unable to be present in the pharmacy for a personal, face-to-face interaction,
				provided the pharmacist is:
24.1.1.a. licensed
				to practice pharmacist care in West Virginia; or,
24.1.1.b. licensed to practice pharmacist
				care in the state where the mail order pharmacy is located if dispensing
				prescription drugs to a patient in this State from a non-resident mail order
				pharmacy properly permitted as a mail order pharmacy to dispense into this
				State;.
West Virginia Code of State Rules › Agency 15 - Pharmacy › Title 15 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF PHARMACY › Series 15-02 - Rules of the Board of Pharmacy for the Uniform Controlled Substances Act › Section 15-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule relates to the registration and control of the manufacture and
				distribution of controlled substances within this State.
1.2. Authority. -- W. Va. Code §
									60A-3-301.
1.3. Filing Date. -- May 2, 2023
1.4. Effective Date. -- May 2, 2023
1.5. Sunset Date -- This rule shall terminate
				and have no further force or effect on August 1, 2033.
West Virginia Code of State Rules › Agency 15 - Pharmacy › Title 15 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF PHARMACY › Series 15-02 - Rules of the Board of Pharmacy for the Uniform Controlled Substances Act › Section 15-2-3 - Adoption of Federal Law

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The
				requirements of the federal regulations, Drug Enforcement Administration,
				Department of Justice, 21
				CFR Parts 1300-1321 (2020), and the
				federal Controlled Substances Act,
				21 U.S.C.
				801, as revised, are adopted by
				reference.
3.2. The federal
				regulations are available on the internet at
http://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR
.
West Virginia Code of State Rules › Agency 15 - Pharmacy › Title 15 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF PHARMACY › Series 15-02 - Rules of the Board of Pharmacy for the Uniform Controlled Substances Act › Section 15-2-4 - Controlled Substance Registration

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Persons required to register.
4.1.1. A person who manufactures,
				distributes, reverse distributes, or dispenses any controlled substance or who
				proposes to engage in the manufacture, distribution or dispensing of any
				controlled substance shall obtain annually a controlled substance registration
				unless exempted by law or pursuant to Section 4.2 of this rule. Only persons
				actually engaged in these activities are required to obtain a registration;
				related or affiliated persons who are not engaged in these activities are not
				required to be registered. For example, a stockholder or parent corporation of
				a corporation manufacturing controlled substances is not required to obtain a
				registration. A person who has obtained a controlled substance registration
				from the Board is a "registrant".
West Virginia Code of State Rules › Agency 15 - Pharmacy › Title 15 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF PHARMACY › Series 15-02 - Rules of the Board of Pharmacy for the Uniform Controlled Substances Act › Section 15-2-5 - Security Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Security requirements.
5.1.1. A registrant
				shall provide effective controls and procedures to guard against theft and
				diversion of controlled substances. In order to determine whether a registrant
				has provided effective controls against diversion, the Board shall evaluate the
				overall security system and needs of the applicant or registrant.
5.1.2. Physical security controls shall be
				commensurate with the schedules and quantity of controlled substances in the
				possession of the registrant in normal business operations. If a controlled
				substance is transferred to a different schedule or a noncontrolled substance
				is listed on any schedule, or the quantity of controlled substances in the
				possession of the registrant in normal business operations significantly
				increases, physical security controls shall be expanded and extended
				accordingly.
5.1.3. A registrant
				who receives or transfers substantial quantities of controlled substances in
				normal business operations shall employ security procedures to guard against
				in-transit losses.
West Virginia Code of State Rules › Agency 15 - Pharmacy › Title 15 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF PHARMACY › Series 15-02 - Rules of the Board of Pharmacy for the Uniform Controlled Substances Act › Section 15-2-6 - Labeling And Packaging RequirementsForControlled Substances

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1 Symbol
				required; exceptions.
6.1.1. A commercial
				container of a controlled substance shall have printed on the label the symbol
				designating the schedule in which the controlled substance is listed. A
				commercial container, if it otherwise has no label, shall bear a label
				complying with the requirement of this section.
6.1.2. A manufacturer shall print upon the
				labeling of a controlled substance distributed the symbol designating the
				schedule in which the controlled substance is listed.
6.1.3. The following symbols shall designate
				the schedule corresponding thereto:
Schedule I ........... CI or C-I.
Schedule II .........CII or C-II.
Schedule III.......... CIII or C-III.
Schedule IV.......... CIV or C-IV.
Schedule V ..........CV or C-V.
The word "Schedule" does not need to be used. There is no
				  distinction made between narcotic and nonnarcotic substances.
6.1.4. The symbol is not required on a carton
				or wrapper in which a commercial container is held if the symbol is easily
				legible through the carton or wrapper.
6.1.5. The symbol is not required on a
				commercial container too small or otherwise unable to accommodate a label, if
				the symbol is printed on the box or package from which the commercial container
				is removed upon dispensing to an ultimate user.
6.1.6. The symbol is not required on a
				commercial container containing, or on the labeling of, a controlled substance
				being utilized in clinical research involving blind and double blind
				studies.
6.1.7. The symbol is not
				required on a commercial container containing, or on the labeling, of a
				controlled substance intended for export from the United States.
West Virginia Code of State Rules › Agency 15 - Pharmacy › Title 15 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF PHARMACY › Series 15-02 - Rules of the Board of Pharmacy for the Uniform Controlled Substances Act › Section 15-2-8 - Prescriptions

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Rules
				governing the issuance, filling and filing of prescriptions for controlled
				substances are set forth generally in W. Va. Code §
									60A-3-308 and West Virginia Code
				of State Rules §
									15-1-21.
8.2. Reserved.
8.3. Persons entitled to issue prescriptions.
8.3.1. A prescription for a controlled
				substance may be issued only by an individual practitioner who is authorized to
				prescribe controlled substances in the jurisdiction in which he or she
				practices, and is strictly limited to the schedule, class or specific substance
				which he or she is authorized by that jurisdiction to prescribe.
8.3.2. A prescription issued by an individual
				practitioner except for Schedule II controlled substance, may be communicated
				to a pharmacist by an employee or agent of the individual
				practitioner.
West Virginia Code of State Rules › Agency 15 - Pharmacy › Title 15 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF PHARMACY › Series 15-02 - Rules of the Board of Pharmacy for the Uniform Controlled Substances Act › Section 15-2-9 - Miscellaneous

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Distribution
				upon discontinuance or transfer of business.
9.1.1. Any registrant desiring to discontinue
				or transfer business activities altogether or with respect to controlled
				substances shall notify the Board immediately and shall submit with the
				notification a complete and detailed closing inventory of all controlled
				substances in the registrant's possession.
West Virginia Code of State Rules › Agency 15 - Pharmacy › Title 15 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF PHARMACY › Series 15-03 - Board of Pharmacy Rules for Continuing Education for Licensure of Pharmacists › Section 15-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- W.
				Va. Code §
									30-5-3A authorizes the Board of
				Pharmacy to promulgate rules which are necessary to perform the duties and
				responsibilities of the board as they relate to requiring pharmacists to meet
				certain continuing education requirements in order to maintain their license to
				practice pharmacy in the State of West Virginia.
1.2. Authority. -- This legislative rule is
				issued under the authority of W. Va. Code §
									30-5-7.
1.3. Filing Date. -- May 3, 2024.
1.4. Effective Date. -- May 3,
				2024.
1.5. Sunset Date -- This rule
				shall terminate and have no further force or effect upon August 1,
				2034.
West Virginia Code of State Rules › Agency 15 - Pharmacy › Title 15 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF PHARMACY › Series 15-03 - Board of Pharmacy Rules for Continuing Education for Licensure of Pharmacists › Section 15-3-3 - Purpose

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The purpose of
				Continuing Pharmacy Education (CPE) is to maintain and enhance the professional
				proficiency of pharmacists licensed to practice in West Virginia for the
				benefit and health, safety and welfare of the people served by pharmacists in
				the State of West Virginia.