West Virginia Code of State Rules › Agency 15 - Pharmacy › Title 15 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF PHARMACY › Series 15-20 - Donated Drug Repository Program › Section 15-20-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The following
				words and phrases as used in this rule mean:
2.1.1. "Board" means the West Virginia Board
				of Pharmacy.
2.1.2. "Controlled
				substance" means a drug, substance, or immediate precursor in Schedules I
				through V of §
										60A-2-1
et seq.
of this code, and Schedules I through V of
				21 CFR Part
				1308.
2.1.3. "Donor" means any person, including an
				individual member of the public, or any entity legally authorized to possess
				drugs with a license or permit in good standing in the state in which it is
				located, including, but not limited to, a wholesaler or distributor, third
				party logistic provider, pharmacy, dispenser, clinic, surgical or health
				center, detention and rehabilitation center, laboratory, medical or pharmacy
				school, prescriber or other health care professional, or healthcare facility.
				Donor also means government agencies and entities mat are federally authorized
				to possess drugs including, but not limited to, drug manufacturers,
				repackagers, relabelers, outsourcing facilities, Veteran Affairs hospitals, and
				prisons.
2.1.4. "Drugs" means both
				prescription and nonprescription ("over-the-counter") drugs.
2.1.5. "Donated drug repository program"
				means a program authorized to accept prescription and non-prescription drugs
				donated or given for the purpose of being dispensed or personally furnished to
				individuals who are residents of this state and meets eligibility
				standards
2.1.6. "Eligible patient"
				means an indigent person. However, if the recipient's supply of donated drugs
				exceeds the need for donated drugs by indigent patients, then any other person
				in need of a particular drug can be an eligible patient.
2.1.7. "Eligible recipient" means a pharmacy,
				wholesaler, reverse distributor, hospital, federally qualified health center,
				nonprofit clinic, healthcare facility, an entity participating in a drug
				donation or repository program pursuant to another state's law, or a private
				office of a healthcare professional that has been authorized by the West
				Virginia Board of Pharmacy.
2.1.8.
				"Healthcare facility" means a facility licensed by the State of West Virginia
				as a:
(1) Nursing home;
(2) Personal care home;
(3) Assisted living community;
(4) Residential care facility for the
				elderly;
(5) Hospice;
(6) Hospital;
(7) Home health agency; or
(8) A similar entity licensed in the state in
				which it is located.
2.1.9. "Health care professional" means a
				person who is licensed by the State of West Virginia to practice as a:
(1) Physician;
(2) Registered nurse or licensed practical
				nurse;
(3) Physician
				assistant;
(4) Dentist or dental
				hygienist;
(5) Optometrist;
				or
(6) Pharmacist.
2.1.10. "Indigent patient" means a
				patient whose income is at or below the income eligibility requirements of the
				West Virginia Medicaid program, or who is uninsured, underinsured, or enrolled
				in a public assistance health benefits program.
2.1.11. "Program" means the donated drug
				repository program established by rule pursuant to §60B-l-8 of this
				code.
2.1.12. "Responsible
				individual" means a person permitted by law to have legal possession of
				prescription drugs.
2.1.13.
				"Transaction date" means the date on which ownership of the drugs is
				transferred between two participants of the program as established by contract
				or other arrangement. If no such contract or arrangement exists, the
				transaction date shall be the date the drug was accepted into inventory by the
				recipient.