reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 15 - Pharmacy › Title 15 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF PHARMACY › Series 15-07 - Board of Pharmacy Rules for Registration of Pharmacy Technicians › Section 15-7-5 - Duties and Restrictions of a Pharmacy Technician and Pharmacy Technician Trainee

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. A
				pharmacy technician or pharmacy technician trainee may not:
5.1.a. receive verbal prescription drug
				orders and reduce these orders to writing either manually or
				electronically;
5.1.b. interpret
				and evaluate prescription drug orders;
5.1.c. select drug products;
5.1.d. interpret patient medication records
				and perform drug regimen reviews;
5.1.e. deliver the prescription to the
				patient before a pharmacist performs the final check of the dispensed
				prescription to ensure that the prescription has been dispensed accurately as
				prescribed;
5.1.f. communicate to
				the patient or the patient's agent, information about the prescription drug or
				device which in the exercise of the pharmacist's professional judgment, the
				pharmacist considers significant;
5.1.g. communicate to the patient or the
				patient's agent, information concerning any prescription drugs dispensed to the
				patient by the pharmacy;
5.1.h.
				receive or place a call for a transferred prescription;
5.1.i. perform any act within the practice of
				pharmacist care that involves discretion or independent professional judgment;
				or
5.1.j. perform all pharmacy
				related functions which the registrant has not been trained and the function
				has not been specified in a written protocol with competency
				established.
West Virginia Code of State Rules › Agency 15 - Pharmacy › Title 15 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF PHARMACY › Series 15-07 - Board of Pharmacy Rules for Registration of Pharmacy Technicians › Section 15-7-6 - Nuclear Pharmacy Technician Endorsement Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Submit a written application to the
				board;
6.2. Pay the applicable
				fees;
6.3. Have graduated from high
				school or obtained a Certificate of General Educational Development (GED) or
				equivalent;
6.4. Have successfully
				completed a pharmacy provided, competency-based nuclear pharmacy technician
				education and training program approved by the board;
6.5. Have all applicable national
				certifications and comply with all federal rules and regulations;
6.6. Not be an alcohol or drug abuser, as
				these terms are defined in
§27-1A-11
of this
				code:
Provided
, That an applicant in an active recovery
				process, which may, in the discretion of the board, be evidenced by
				participation in a 12-step program or other similar group or process, may be
				considered;
6.7. Not have been
				convicted of a felony in any jurisdiction within 10 years preceding the date of
				application for license, which conviction remains unreversed;
6.8. Not have been convicted of a misdemeanor
				or felony in any jurisdiction if the offense for which he or she was convicted
				bearing a rational nexus to the practice of pharmacist care, which conviction
				remains unreversed; and
6.9. Have
				fulfilled any other requirement specified by the board in any rule.
6.10. A person whose license to practice
				pharmacist care has been denied, revoked, suspended, or restricted for
				disciplinary purposes in any jurisdiction is not eligible to be registered as a
				nuclear pharmacy technician.
West Virginia Code of State Rules › Agency 15 - Pharmacy › Title 15 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF PHARMACY › Series 15-07 - Board of Pharmacy Rules for Registration of Pharmacy Technicians › Section 15-7-7 - Nuclear Pharmacy Technician Endorsement Scope of Practice

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. A registered
				pharmacy technician who has obtained a nuclear pharmacy technician endorsement,
				may under the direct supervision of the licensed nuclear pharmacist, perform
				the following:
7.1.a. Assist in the
				dispensing process;
7.1.b. Receive
				new written or electronic prescription drug orders;
7.1.c. Mix compound ingredients for liquid
				products, suspensions, ointments, mixes, or blend for tablet granulations and
				capsule powders;
7.1.d. Prepare
				radiopharmaceuticals;
7.1.e. Record
				keeping;
7.1.f. File and organize
				prescriptions;
7.1.g. Create
				reports;
7.1.h. Inventory
				tasks;
7.1.i. Handle raw materials
				and intermediate or finished products;
7.1.j. Perform general maintenance as
				required on pumps, homogenizers, filter presses, tablet compression machines,
				and other like machines;
7.1.k.
				Perform standard operating procedures to meet current good manufacturing
				practices (GMP);
7.1.l. Maintain
				records;
7.1.m. Monitor and verify
				quality in accordance with statistical process or other control procedures;
				and
7.1.n. Stock
				medications.
West Virginia Code of State Rules › Agency 15 - Pharmacy › Title 15 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF PHARMACY › Series 15-07 - Board of Pharmacy Rules for Registration of Pharmacy Technicians › Section 15-7-8 - Identification of Technicians and Technician Trainees

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Pharmacy technicians shall wear a name
				tag which contains the designation "Pharmacy Technician" while working in a
				pharmacy within this State. The name tags shall contain lettering of a legible
				size. Pharmacy technicians and pharmacy technician trainees shall wear
				appropriate sanitary attire, other than a white coat.
8.2. During the period of training, a
				pharmacy technician trainee shall wear a name tag which contains the
				designation "Pharmacy Technician Trainee."
West Virginia Code of State Rules › Agency 15 - Pharmacy › Title 15 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF PHARMACY › Series 15-07 - Board of Pharmacy Rules for Registration of Pharmacy Technicians › Section 15-7-9 - Certificate of Registration; Transfer of Registration

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The Board will provide a certificate of
				registration to applicants meeting the requirements for registration as a
				pharmacy technician or pharmacy technician trainee.
9.2. The registration of the pharmacy
				technician or pharmacy technician trainee may not be transferred to another
				pharmacy unless:
9.2.a. the pharmacies are
				under common ownership and control and have a common training program;
				or
9.2.b. the pharmacist-in-charge
				of the pharmacy at which the pharmacy technician or pharmacy technician trainee
				intends to work certifies that the pharmacy technician or pharmacy technician
				trainee is competent to perform the duties assigned in that pharmacy, and the
				pharmacist-in-charge submits to the Board certification in the form of an
				affidavit from the pharmacist-in-charge that the pharmacy technician or
				pharmacy technician trainee has adequately completed the pharmacy-specific
				20-hour training program as outlined in subsection 3.2 of this rule.
West Virginia Code of State Rules › Agency 15 - Pharmacy › Title 15 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF PHARMACY › Series 15-08 - Controlled Substances Monitoring Program › Section 15-8-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes requirements for the recordation and retention in a single
				repository of information regarding the prescribing, dispensing and consumption
				of certain controlled substances, drugs of concern, and opioid
				antagonists.
1.2. Authority. -- W.
				Va. Code §§
									30-5-7,
				60A-9-6,
				and
				60A-9-9.
1.3. Filing Date. -- April 14, 2022
1.4. Effective Date. -- April 14,
				2022
1.5. Sunset Date. -- This rule
				shall terminate and have no further force or effect upon August 1,
				2027.
West Virginia Code of State Rules › Agency 15 - Pharmacy › Title 15 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF PHARMACY › Series 15-08 - Controlled Substances Monitoring Program › Section 15-8-4 - Information To Be Transmitted Within 24 Hours

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The information may be transmitted at
				any time, but shall be transmitted at least within twenty-four hours of the
				dispensing. If the dispensing is done by mail or other postal, courier, or
				logistics services such as United Parcel Service or Federal Express, then the
				information shall be submitted at least within forty-eight hours of the time
				the dispensing is placed in the mail for delivery. If a reporter is closed for
				a holiday, or week-end day, the reporter shall make the required report as soon
				as is practicable upon reopening, or within forty-eight hours, whichever occurs
				first. If there are no dispensings of any Schedule II, III, IV, or V controlled
				substances, drug of concern, or opioid antagonists, then the reporter shall
				submit a daily "zero" report If there are no such dispensings within up to
				seven days of the last report, the reporter may submit a weekly "zero" report
				no later than seven days after the last date and time reported on the previous
				report. If a reporter is unable to make the required reporting in a timely
				manner due to an emergency, the reporter shall inform the board of the
				emergency and provide the board with information on when the reporter believes
				it will return to full compliance. Such notification may be taken into
				consideration by any agency, licensing board, or court, when determining if the
				reporter is in compliance with reporting requirements of West Virginia Code
				§
									60A-9-3
				and section three of this rule, and any penalties that may attach for any
				violation thereof.
4.2. If a
				reporter does not possess for the purpose of dispensing any Schedule II, III,
				IV, or V controlled substances, drug of concern, or opioid antagonists, the
				dispenser may notify the board in writing by requesting a waiver from reporting
				on a form supplied by the board. If the waiver is granted by the board, the
				reporter is not required to submit a zero report unless and until the reporter
				possesses a Schedule II, III, IV, or V controlled substance or opioid
				antagonist for the purpose of dispensing.
West Virginia Code of State Rules › Agency 15 - Pharmacy › Title 15 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF PHARMACY › Series 15-08 - Controlled Substances Monitoring Program › Section 15-8-5 - Accuracy of Information Transmitted

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Information shall be reported
				accurately. If the reporting individual or entity discovers that information
				contained in the central repository is not accurate, he or she shall make the
				necessary corrections and resubmit the correct information as soon as possible,
				but in no event longer than 7 days after the discovery of the inaccurate
				reporting.
West Virginia Code of State Rules › Agency 15 - Pharmacy › Title 15 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF PHARMACY › Series 15-08 - Controlled Substances Monitoring Program › Section 15-8-6 - Central Repository; Designation; Powers and Duties

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The central repository shall maintain a
				database for the information required to be transmitted by this rule. This
				database shall be referred to as the "Controlled Substances Monitoring
				Program", or the "CSMP".
6.2. The
				central repository shall provide the board with continuous 24-hour a day,
				on-line access.
6.3. The central
				repository shall secure the information collected and the database maintained
				against access by unauthorized persons.
6.4. If the relationship between the board
				and the central repository is terminated by statute, the central repository
				shall provide to the board within a reasonable time, all collected information
				and the database maintained.
6.5.
				The board may accept a designated grant, public and private financial
				assistance, and licensure fees to provide funding for the central
				repository.
West Virginia Code of State Rules › Agency 15 - Pharmacy › Title 15 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF PHARMACY › Series 15-08 - Controlled Substances Monitoring Program › Section 15-8-8 - Pharmacist Requirement to Check the Controlled Substances Monitoring Program Database

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. A
				pharmacist shall access the West Virginia Controlled Substances Monitoring
				Program Database for information regarding specific patients in the following
				scenarios:
8.1.a. upon initially dispensing
				any Schedule II controlled substance, any opioid, or any benzodiazepine to a
				patient who is not suffering from a terminal illness; and
8.1.b. at least annually thereafter should
				the pharmacist continue to dispense the patient with a controlled
				substance.
West Virginia Code of State Rules › Agency 15 - Pharmacy › Title 15 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF PHARMACY › Series 15-09 - Disciplinary Procedures › Section 15-9-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule relates to the complaint and hearing procedures for all licensees and
				registrants.
1.2. Authority. -- W.
				Va. Code
				30-5-1 et.
				seq. and
				30-1-8(h).
1.3. Filing Date. - August 26, 2020
1.4. Effective Date. -- September 27,
				2020
West Virginia Code of State Rules › Agency 15 - Pharmacy › Title 15 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF PHARMACY › Series 15-09 - Disciplinary Procedures › Section 15-9-3 - Proceedings for Disciplinary Action

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Contested case hearings shall be held as provided in W. Va. Code §§
									29A-5-1.
				et. seq., and
				30-1-1.
				et. seq.
3.2. The board may amend
				the charges set forth in a statement of charges as it considers
				proper.
3.3. Motions for a
				continuance of a hearing may be granted upon a showing of good cause. Motions
				for continuance shall be in writing and received in the office of the board or
				with the delegated hearing examiner no later than seven (7) days prior to the
				hearing date. In determining whether good cause exists, the board or delegated
				hearing examiner shall give consideration to the ability of the party
				requesting the continuance to proceed effectively without a continuance. The
				board or designated hearing examiner shall deny a motion for continuance filed
				less than seven (7) days from the date of the hearing unless the reason for the
				motion could not have been ascertained earlier. Motions for continuance filed
				prior to the date of the hearing may be ruled on by the officer of the board to
				preside or the designated hearing examiner. The board member or the hearing
				examiner presiding over the hearing shall rule on all other motions for
				continuance.
3.4. All motions
				related to a case set for hearing before the board, except motions for
				continuance shall be received in the office of the board or with the designated
				hearing examiner at least ten (10) days before the hearing. Prehearing motions
				shall be heard at the prehearing conference or at the hearing prior to the
				commencement of testimony. The board member or the hearing examiner presiding
				at the hearing shall hear the motions and the response from the non-moving
				party and shall rule on the motions accordingly.
3.5. Any party may submit proposed findings
				of fact and conclusions of law at the time and manner designated by the board
				or its duly appointed hearing examiner.
West Virginia Code of State Rules › Agency 15 - Pharmacy › Title 15 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF PHARMACY › Series 15-09 - Disciplinary Procedures › Section 15-9-4 - Conferences; Informal Disposition of Cases

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. At any time prior to the hearing or
				thereafter, the board, its designee or its duly appointed hearing examiner may
				hold conferences for the following purposes:
4.1.1. To dispose of procedural requests,
				prehearing motions or similar matters;
4.1.2. To simplify or settle issues by
				consent of the parties; or
4.1.3.
				To provide for informal disposition of cases by stipulation or
				agreement.
West Virginia Code of State Rules › Agency 15 - Pharmacy › Title 15 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF PHARMACY › Series 15-10 - Board of Pharmacy Rules for Pharmacist Recovery Networks › Section 15-10-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope --This
				rule provides for the operation of Pharmacist Recovery Networks.
1.2. Authority -- W. Va. Code §
									30-5-7.
1.3. Filing date -- April 2, 2018.
1.4. Effective date -- April 2,
				2018
1.5. Sunset Date -- This
				legislative rule shall terminate April 2, 2028 unless renewed prior to that
				date.
West Virginia Code of State Rules › Agency 15 - Pharmacy › Title 15 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF PHARMACY › Series 15-10 - Board of Pharmacy Rules for Pharmacist Recovery Networks › Section 15-10-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Applicant"
				means a person applying to the Board for licensure as a pharmacist, licensed
				intern, or registered pharmacy technician.
2.2. "Board" means the West Virginia Board of
				Pharmacy.
2.3. "Committee" means
				the Board of Directors established to function as a supervisory and advisory
				body to the WVPRN, made up of professional peers actively licensed or
				registered to practice pharmacist care in West Virginia.
2.4. "Executive Director" means a person
				selected by the committee to administer the WVPRN.
2.5. "Facility" means a residential or
				in-patient treatment hospital or institution, a partial hospital programming
				hospital or institution with a housing component, or an intensive outpatient
				programming hospital or institution, all of which have a specific program with
				expertise in treating healthcare professionals.
2.6. "Impairment" means mental illness,
				chemical dependency, physical illness, or any abnormal physical or mental
				condition of a pharmacist, intern or technician which threatens a licensee or
				the safety of persons to whom that licensee might sell or dispense prescription
				drugs or devices.
2.7. "Licensee"
				means a licensed pharmacist, licensed intern, or registered pharmacy technician
				or registered pharmacy technician trainee.
2.8. "West Virginia Pharmacist Recovery
				Network (WVPRN)" means the program established by agreement between the special
				impaired pharmacist peer review organization and the Board.
West Virginia Code of State Rules › Agency 15 - Pharmacy › Title 15 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF PHARMACY › Series 15-10 - Board of Pharmacy Rules for Pharmacist Recovery Networks › Section 15-10-3 - Board of Directors

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The
				Board of Directors shall consist, at a minimum, of the following:
3.1.a. Six licensed pharmacists various
				practice settings and state regions, a minimum of two shall be past clients of
				the WVPRN in recovery, or if not past clients of the WVPRN, otherwise be in
				recovery from alcohol or drug dependency or other mental impairment;
3.1.b. One pharmacy technician actively
				registered with the Board; and
3.1.c. One actively licensed intern from each
				ACPE accredited school of pharmacy located in the state.
West Virginia Code of State Rules › Agency 15 - Pharmacy › Title 15 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF PHARMACY › Series 15-10 - Board of Pharmacy Rules for Pharmacist Recovery Networks › Section 15-10-5 - Due Process

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Any
				action taken pursuant to the WVPRN shall afford the licensee all due process
				rights enumerated in W. Va. Code §§
									29A-1-1
				et. seq.
West Virginia Code of State Rules › Agency 15 - Pharmacy › Title 15 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF PHARMACY › Series 15-10 - Board of Pharmacy Rules for Pharmacist Recovery Networks › Section 15-10-6 - Receipt and Use of Information of Suspected Impairment

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Licensees, family members, and other
				persons may submit reports containing information concerning suspected
				impairment of a licensee to the WVPRN.
6.2. Upon receipt of information of a
				suspected impairment, the WVPRN shall initiate an investigation.
6.3. The WVPRN may conduct routine inquiries
				regarding suspected impairments.
6.4. The WVPRN may require a licensee
				suspected of impairment to submit to personal interviews before any person
				authorized by the WVPRN, including but not limited to evaluators or treatment
				centers.
West Virginia Code of State Rules › Agency 15 - Pharmacy › Title 15 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF PHARMACY › Series 15-10 - Board of Pharmacy Rules for Pharmacist Recovery Networks › Section 15-10-7 - Intervention and Referral

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				When, following an investigation, the impairment of a licensee is confirmed,
				the Executive Director shall cause an intervention to be conducted using
				specialized techniques designed to assist the licensee in acknowledging
				responsibility for dealing with the impairment. The Executive Director shall
				request the licensee to surrender their license to the WVPRN to be put into
				inactive status at the Board, and then refer the licensee to an appropriate
				treatment source acceptable to the WVPRN.
7.2. The WVPRN shall decide the methods and
				objectives of interventions on a case-by-case basis.
7.3.The WVPRN shall arrange and conduct
				interventions as soon as possible.
7.4. The WVPRN shall evaluate treatment
				sources before making case referrals for treatment.
7.5.The WVPRN shall record intervention
				outcomes including treatment contracts that result from the administration of
				the case.
West Virginia Code of State Rules › Agency 15 - Pharmacy › Title 15 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF PHARMACY › Series 15-10 - Board of Pharmacy Rules for Pharmacist Recovery Networks › Section 15-10-8 - Monitoring Treatment

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The
				WVPRN shall monitor a treatment source by receiving updates from it as to the
				treatment source's ability to provide:
8.1.a.
				adequate medical and non-medical staffing, facilities, and experience with
				health professional clients;
8.1.b.
				appropriate treatment;
8.1.c.
				affordable treatment; and
8.1.d.
				appropriate post-treatment support.
West Virginia Code of State Rules › Agency 15 - Pharmacy › Title 15 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF PHARMACY › Series 15-10 - Board of Pharmacy Rules for Pharmacist Recovery Networks › Section 15-10-9 - Monitoring Rehabilitation and Performance

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The WVPRN shall designate monitoring
				requirements for each licensee participating in the WVPRN. Licensees may be
				required to be tested regularly or randomly on demand of the WVPRN.
9.2. The WVPRN may require treatment sources
				to submit reports regarding a licensee's rehabilitation and performance to the
				WVPRN.
9.3.The WVPRN may require
				impaired licensees to submit to periodic personal interviews before any person
				authorized by the WVPRN.
9.4. The
				WVPRN shall maintain appropriate case records in a HIPPA encrypted data file
				regarding each licensee that is a participant.
West Virginia Code of State Rules › Agency 15 - Pharmacy › Title 15 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF PHARMACY › Series 15-10 - Board of Pharmacy Rules for Pharmacist Recovery Networks › Section 15-10-10 - Monitoring Post-Treatment Support

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Post-treatment support may include
				family counseling, advocacy and other services and programs considered
				appropriate to the licensee's recovery.
10.2. The WVPRN shall monitor the
				post-treatment support of treatment sources on an ongoing basis.
10.3. The WVPRN's own post-treatment support
				shall be monitored by the WVPRN on an ongoing basis utilizing recognized
				performance measures.
West Virginia Code of State Rules › Agency 15 - Pharmacy › Title 15 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF PHARMACY › Series 15-10 - Board of Pharmacy Rules for Pharmacist Recovery Networks › Section 15-10-11 - Reports of Cases of Impairment to the Board

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. A voluntary agreement entered into
				between the WVPRN and a licensee is not considered a disciplinary action or
				order by the Board, shall not be disclosed to the Board, and shall not be
				public information if:
11.1.a.The voluntary
				agreement is the result of the licensee or applicant self-enrolling or
				voluntarily participating in the WVPRN;
11.1.b. The Board has not received nor filed
				any written complaints regarding the licensee or applicant relating to an
				alcohol, chemical dependency or major mental illness affecting the care and
				treatment of patients; and
11.1.c.
				The licensee or applicant is in compliance with the voluntary treatment program
				and the conditions and procedures to monitor compliance.
West Virginia Code of State Rules › Agency 15 - Pharmacy › Title 15 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF PHARMACY › Series 15-10 - Board of Pharmacy Rules for Pharmacist Recovery Networks › Section 15-10-12 - Periodic Reporting of Statistical Information

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. The WVPRN shall annually report to the
				board comprehensive statistical reports concerning suspected impairments,
				impairments, self-referrals, post-treatment support and other significant
				demographic and substantive information collected through program operations.
				The WVPRN may not disclose any personally identifiable information relating to
				any pharmacist, intern, pharmacy technician, or pharmacy technician trainee
				participating in a voluntary agreement as provided herein.
12.2. The WVPRN shall, on a quarterly basis,
				report on the status of licensees subject to monitoring by the WVPRN by Order
				of the Board.
West Virginia Code of State Rules › Agency 15 - Pharmacy › Title 15 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF PHARMACY › Series 15-10 - Board of Pharmacy Rules for Pharmacist Recovery Networks › Section 15-10-13 - Confidentiality

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. All
				information, interviews, reports, statements, memoranda, or other documents
				furnished to or produced by the WVPRN, all communications to or from the WVPRN,
				and all proceedings, findings, and conclusions of the WVPRN, including those
				relating to intervention, treatment, or rehabilitation, that in any way pertain
				to or refer to a person participating in a pharmacist recovery network are
				privileged and confidential.
13.2.
				All records and proceedings of the WVPRN that pertain or refer to a person
				participating in a pharmacist recovery network shall be privileged and
				confidential, used by the WVPRN and its members only in the exercise of the
				proper function of the program, not be considered public records, and not be
				subject to court subpoena, discovery, or introduction as evidence in any civil,
				criminal, or administrative proceedings, except as provided in subsections
				4.1.b.2 and 11.4. of this rule.
13.3. The WVPRN may only disclose the
				information relative to an impaired licensee if:
13.3.a. it is essential to disclose the
				information to a person or an organization needing the information in order to
				address the intervention, treatment, or rehabilitation needs of the impaired
				licensee and a release by the licensee has been executed;
13.3.b. the release is authorized in writing
				by the impaired licensee; or
13.3.c. the WVPRN is required to make a
				report to the board pursuant to subsections 4.1.b.2 or 11.4. of this
				rule.
West Virginia Code of State Rules › Agency 15 - Pharmacy › Title 15 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF PHARMACY › Series 15-10 - Board of Pharmacy Rules for Pharmacist Recovery Networks › Section 15-10-14 - Discretionary Authority of the Board to Designate Program

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. The board has the sole discretion to
				designate pharmacy recovery programs for licensees of the board and no
				provision of this rule may be construed to entitle any pharmacist, pharmacy
				intern, pharmacy technician, or pharmacy technician trainee to the creation or
				designation of a pharmacy recovery program for any individual qualifying
				illness or group of qualifying illnesses.
West Virginia Code of State Rules › Agency 15 - Pharmacy › Title 15 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF PHARMACY › Series 15-10 - Board of Pharmacy Rules for Pharmacist Recovery Networks › Section 15-10-15 - Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. The board
				shall assess the following fees to be added to each licensure renewal
				application fee payable to the board with any revenue generated by the
				assessment dedicated to the operation of the pharmacist recovery network:
15.1.a. Pharmacist - $20 with each biennial
				renewal;
15.1.b. Intern - $5 with
				each annual renewal; and
15.1.c.
				Pharmacy Technician - $10 with each biennial renewal.
West Virginia Code of State Rules › Agency 15 - Pharmacy › Title 15 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF PHARMACY › Series 15-11 - Ephedrine and Pseudoephedrine Control › Section 15-11-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- To
				establish rules for ephedrine and pseudoephedrine control in West Virginia
				including pharmacy reporting requirements; notification processes; and special
				registration for distributors.
1.2.
				Authority. -- W. Va. Code §
									60A-10-1 et.seq
				.
1.3. Filing Date. --June10,
				2013.
1.4. Effective Date. --
				June10, 2013.
West Virginia Code of State Rules › Agency 15 - Pharmacy › Title 15 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF PHARMACY › Series 15-11 - Ephedrine and Pseudoephedrine Control › Section 15-11-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Central
				repository" refers to the central repository designated by the board for the
				collection of controlled substance information. It may be a vendor designated
				by the board and under contract with the board to act as the central
				repository.
2.2. "Government-issued
				photo identification card" meansan identification card of an individual
				thatprovides a photograph of him or her and is issued by a Stateor the Federal
				Government of the Unites States of America, or a documentthat, with respect to
				identification, is consideredacceptable for purposes of
				sections274a.2(b)(1)(v)(A) and 274a.2(b)(1)(v)(B) of title8, Code of Federal
				Regulations.
2.3. "Schedule V
				pseudoephedrine products" means any compound, mixture or preparation containing
				ephedrine, pseudoephedrine or phenylpropanolamine, their salts or optical
				isomers, or salts of optical isomers, including any drug products added to the
				supplemental list pursuant to W. Va. Code §
									60A-10-7,
				except products which are for pediatric use primarily intended for
				administration to children under the age of twelve.
West Virginia Code of State Rules › Agency 15 - Pharmacy › Title 15 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF PHARMACY › Series 15-11 - Ephedrine and Pseudoephedrine Control › Section 15-11-3 - Pharmacy Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Schedule V pseudoephedrine products may be sold, delivered, or provided only in
				licensed pharmacies, behind the pharmacy counter, by a pharmacist, registered
				pharmacy intern, or registered pharmacy technician. This limitation applies to
				consumer transactions or dispensings, and does not apply to wholesale or
				distribution transactions between licensed manufactures, wholesale drug
				distributors, pharmacies or other healthcare practitioners holding the products
				as stock. Schedule V pseudoephedrine products may not be sold, delivered, or
				provided to any person who is under the age of eighteen.
3.2. The pharmacy, pharmacist, registered
				pharmacy intern, and registered pharmacy technician with access to the Schedule
				V pseudoephedrine products have an affirmative duty to guard against the theft
				and diversion of the products.
3.3.
				Apharmacy that sells Schedule V pseudoephedrine products shall offer patient
				counseling for each transaction, and require the person purchasing, receiving
				or otherwise acquiring the drug product to:
3.3.a. Produce a valid government-issued
				photo identification showing his or her date of birth. Examples of acceptable
				forms of ID include, but are not limited to: driver's licenses, non-driver
				identification cards, passports, and military IDs; and
3.3.b.Sign a logbook containing the
				information required by subsection 4.1 of this rule and attesting to the
				validity of the information. The signature may be captured electronically and
				the information maintained as an electronic record as long as a hard copy may
				be produced upon request.
West Virginia Code of State Rules › Agency 15 - Pharmacy › Title 15 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF PHARMACY › Series 15-11 - Ephedrine and Pseudoephedrine Control › Section 15-11-4 - Pseudoephedrine Monitoring Program

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				After January 1, 2006, and continuing thereafter until January 1, 2013, each
				time any Schedule V pseudoephedrine product is transferred, sold, or delivered,
				the pharmacy shall electronically transmit not less than monthly to the central
				repository the information required by West Virginia Code §
				60A-10-8.
4.2. The information may
				be transmitted at any time during the month as a batch transmission and may be
				sent with the Schedule II, III, and IV information.
4.3. Until January 1, 2013, the board and the
				central repository shall receive the electronic transmission of the information
				required to be provided by and through the use of a secure upload from the
				pharmacy via the internet or other means approved by the board. Beginning on
				January 1, 2013, the information shall be transmitted to the Multi-State
				Real-Time Tracking System as required by West Virginia Code § 60A-10-8.
				The pharmacy shall retain the information until transmission to the central
				repository has been confirmed.
West Virginia Code of State Rules › Agency 15 - Pharmacy › Title 15 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF PHARMACY › Series 15-11 - Ephedrine and Pseudoephedrine Control › Section 15-11-5 - Lawful Possession of Schedule V Pseudoephedrine Products

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The following
				persons are allowed to lawfully possess Schedule V pseudoephedrine products
				while in the course of legitimate business:
5.1.a. Any Schedule V pseudoephedrine-only
				limited pharmaceutical distributor, or it agents, licensed by the
				board;
5.1.b. Any wholesale
				distributor, or its agents, licensed by the board;
5.1.c. Any manufacturer of controlled
				substances, or its agents, licensed by the board;
5.1.d.Apharmacy, pharmacist,registered
				pharmacy intern, registered pharmacy technician, or other pharmacy employee
				under the direct supervision of a pharmacist;
5.1.e.Health care professionals appropriately
				licensed and engaged in legitimate patient care: and
5.1.f.Persons possessing the products
				pursuant to a valid prescription.
West Virginia Code of State Rules › Agency 15 - Pharmacy › Title 15 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF PHARMACY › Series 15-11 - Ephedrine and Pseudoephedrine Control › Section 15-11-6 - Prescriptions for Schedule V Pseudoephedrine Products

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Schedule V pseudoephedrine products that
				are dispensed pursuant to a valid prescription are exempt from the reporting
				required by this Rule, and by West Virginia Code Chapter 60A, Article 10, and
				are subject to the requirements of non-scheduled prescription drugs. Any
				product that is dispensed by prescription shall be provided in a container that
				is supplied by the pharmacy and shall be labeled with the information required
				on a prescription label.
West Virginia Code of State Rules › Agency 15 - Pharmacy › Title 15 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF PHARMACY › Series 15-11 - Ephedrine and Pseudoephedrine Control › Section 15-11-7 - Records and Invoices

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Any
				pharmacy, wholesaler, manufacturer, or distributor of Schedule V
				pseudoephedrine products shall keep readily retrievable records and invoices
				documenting the sale and distribution of these products. All pharmacy log
				records of sales of Schedule V pseudoephedrine products shall be kept for a
				minimum of 5 years from the date of sale or distribution.
West Virginia Code of State Rules › Agency 15 - Pharmacy › Title 15 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF PHARMACY › Series 15-11 - Ephedrine and Pseudoephedrine Control › Section 15-11-8 - Registration to Sell, Distribute, or Transfer Schedule V Pseudoephedrine Products

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Every
				wholesaler, manufacturer, or distributor of Schedule V pseudoephedrine products
				shall obtain a registration annually from the board.
8.2. A facility that holds a license as a
				pharmacy, manufacturer, or wholesaler from the boarddoes not need to obtain an
				additional permit to sell, distribute, or transfer Schedule V pseudoephedrine
				products or be required to meet any additional storage or security
				requirements.
8.3. A facility that
				does not hold a license as a pharmacy, manufacturer, or wholesaler from the
				board may apply for and be granted a limited Schedule V pseudoephedrine
				distributor license. An applicant for this registration shall meet the
				following conditions:
8.3.a. The applicant is
				actively engaged in the interstate sale of grocery or pharmaceutical
				items;
8.3.b. The applicant's sales
				are not limited to pseudoephedrine items alone, or to pseudoephedrine items in
				conjunction with other items associated with the illegal manufacture of
				methamphetamine or other controlled drugs;
8.3.c. The applicant does not have a history
				of diversion of pseudoephedrine; or of having failed to guard against the
				diversion of pseudoephedrine or other products used in manufacturing illegal
				drugs
8.3.d. The applicant verifies
				that Schedule V pseudoephedrine products shall be stored in a locked area that
				is monitored and the applicant has established security measures to guard
				against diversion; and
8.3.e. The
				applicant submits a fully completed application to the board with a fee of $200
				for annual registration.
West Virginia Code of State Rules › Agency 15 - Pharmacy › Title 15 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF PHARMACY › Series 15-11 - Ephedrine and Pseudoephedrine Control › Section 15-11-9 - Supplemental List

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The
				Superintendent of the State Police and the Executive Director of the board
				shall meet at least quarterly to identify drug products which are a designated
				precursor, in addition to those that contain ephedrine, pseudoephedrine, or
				phenylpropanolamine, that are commonly being used in the production and
				distribution of methamphetamine.
9.2. The Superintendent of the State Police
				shall demonstrate by empirical evidence those drug products being used in the
				manufacture of methamphetamine and recommend the addition of these products to
				the list of Schedule V pseudoephedrine products.
9.3. The board, upon receiving a
				recommendation from the Superintendent of the State Police, shall promulgate
				emergency and legislative rules to implement an updated supplemental list of
				Schedule V pseudoephedrine products.
9.4. The board shall provide written
				notification to the pharmacist-in-charge of each pharmacy physically located in
				West Virginia and to the West Virginia Community Pharmacy Council that Schedule
				V pseudoephedrine products shall be sold, transferred or dispensed only from
				behind a pharmacy counter and a list of brand name Schedule V pseudoephedrine
				products that are subject to this rule.
9.5. The board shall provide written
				notification to the pharmacist-in-charge of each pharmacy physically located in
				West Virginia and to the West Virginia Retailers Association Community Pharmacy
				Council, West Virginia Oil Marketers and Grocers Association, and West Virginia
				Wholesalers Association of each drug product added to the list of Schedule V
				pseudoephedrine products pursuant to the legislative rule referred to in
				subsection 9.3 of this rule. Any changes in pseudoephedrine products subject to
				this rule shall become effective 30 days after notice is provided pursuant to
				this section.
West Virginia Code of State Rules › Agency 15 - Pharmacy › Title 15 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF PHARMACY › Series 15-12 - Immunizations Administered by Pharmacists and Pharmacy Interns, and Pharmacy Technicians › Section 15-12-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- To
				provide the rules for pharmacists
,
pharmacy interns,
				and pharmacy technicians to administer immunizations to patients in this State
				through joint rulemaking by the West Virginia Board of Pharmacy, Board of
				Medicine, and Board of Osteopathy.
1.2. Authority. -- W. Va. Code §
									30-5-7 and
				29A-3-15.
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 on August 1, 203.
West Virginia Code of State Rules › Agency 15 - Pharmacy › Title 15 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF PHARMACY › Series 15-12 - Immunizations Administered by Pharmacists and Pharmacy Interns, and Pharmacy Technicians › Section 15-12-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1 "ACPE" means
				American Council for Pharmacy Education.
2.2. "Board" means the West Virginia Board of
				Pharmacy.
2.3. "CDC" means the
				United States Centers for Disease Control and Prevention.
2.4 "CPR" means cardiopulmonary
				resuscitation.
2.5. "Direct
				supervision" means the supervising immunizing pharmacist is physically present
				and readily and immediately available during the administration of an
				immunization.
2.6. "Immunizations"
				means the action of making a person immune to infection, typically by
				inoculation.
2.7. "VAERS" means
				vaccine adverse event reporting system which is the national vaccine safety
				surveillance program co-sponsored by the Centers for Disease Control and
				Prevention (CDC) and the Food and Drug Administration (FDA) and is available at
http://vaers.hhs.gov/index
.
West Virginia Code of State Rules › Agency 15 - Pharmacy › Title 15 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF PHARMACY › Series 15-12 - Immunizations Administered by Pharmacists and Pharmacy Interns, and Pharmacy Technicians › Section 15-12-3 - Qualifications

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. A licensed
				pharmacist may order and administer immunizations as permitted by this rule
				provided that the pharmacist:
3.1.a. is
				registered with the board to administer immunizations;
3.1.b. has successfully complete the American
				Pharmacists Association's (APhA) immunization training program or
				Board-approved training program, as provided in section 8, which courses shall
				be based on the standards established for immunization training by the Centers
				for Disease Control and Prevention (CDC) in the public health service of the
				United States Department of Health and Human Services;
3.1.c. maintain current certification in
				basic life-support training, including basic cardiopulmonary resuscitation
				(CPR), from the American Heart Association, or the American Red Cross or other
				Board-approved course; and
3.1.d.
				complete a minimum of two hours of continuing pharmacy education related to
				immunizations each licensing year for a total of four hours each renewal
				period. The continuing education shall be by a provider approved by the
				Accreditation Council for Pharmacy Education (ACPE).
West Virginia Code of State Rules › Agency 15 - Pharmacy › Title 15 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF PHARMACY › Series 15-12 - Immunizations Administered by Pharmacists and Pharmacy Interns, and Pharmacy Technicians › Section 15-12-4 - Registration

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Prior to
				administering immunizations, a pharmacist shall submit an application supplied
				by the Board for review and approval of the Board, providing that all of the
				requirements of section 3.1. have been met. The application shall be submitted
				along with a required fee of $10.00. Provided all requirements of section 3.1.
				have been met and the required fee is received, the Board shall issue the
				pharmacist a registration to administer immunizations. Registrations shall
				expire biennially on June 30 of year in which the pharmacist's license to
				practice pharmacy expires.
4.2. The
				registration shall be posted conspicuously at all locations at which the
				pharmacist administers an immunization.
4.3. Prior to administering immunizations, a
				pharmacy intern shall provide to his or her supervising pharmacist
				documentation that the pharmacy intern has completed all of the training and
				current certification required by subsections 3.1.b. and 3.1.c. of this rule.
				The supervising pharmacist shall maintain this documentation in the pharmacy
				where the pharmacist and pharmacy intern who administers an immunization is
				employed or otherwise practicing at the time any immunization is administered
				by a pharmacy intern.
4.4 Prior to
				administering immunizations, a pharmacy technician shall submit an application
				supplied by the Board providing that all of the requirements of Section 3.3
				have been met. Providing all requirements of Section 3.3 have been met, the
				Board shall issue a registration to administer immunizations. Registrations
				shall expire biennially on June 30 of the year in which the pharmacy
				technician's license expires.