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Engrossed Version Senate Bill 485 History

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SB485 SUB1 eng
ENGROSSED

COMMITTEE SUBSTITUTE

FOR


Senate Bill No. 485

(By Senators Prezioso and Unger)

____________

[Originating in the Committee on Government Organization;

reported March 28, 2005.]

____________




A BILL to amend and reenact §30-5-2 of the Code of West Virginia, 1931, as amended, relating to the Board of Pharmacy; stating parameters of compensation and expenses of Board; and empowering the Board of Pharmacy to waive rules for up to twelve months for approved pilot or demonstration projects.

Be it enacted by the Legislature of West Virginia:
That §30-5-2 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 5. PHARMACISTS, PHARMACY TECHNICIANS, PHARMACY INTERNS AND PHARMACIES.

§30-5-2. Board of pharmacy; appointment, qualifications and terms

of members; compensation; powers and duties generally; meetings and notices.
(a) There shall be a State Board of Pharmacy, known as the "West Virginia Board of Pharmacy", which shall consist of five practicing pharmacists and two public members who shall be appointed by the Governor, by and with the advice and consent of the Senate. Any vacancy which occurs in the membership of the board for any reason, including expiration of term, removal, resignation, death, disability or disqualification, shall be immediately filled by the Governor as provided by this section. Nothing in this section shall require the Governor to change the composition of the Board prior to the usual expiration of any member's term. The Governor may consider the diversity of pharmacy areas of practice when filling vacancies.
(b) Each pharmacist member of the Board, at the time of his or her appointment, shall be a resident of this state, licensed and in good standing to engage in the practice of pharmacy in this state for a period of at least five years prior to their appointment. The public members shall be residents of this state who have attained the age of eighteen years and may not be a past or present pharmacist, the spouse of a pharmacist, a person who has ever had any material financial interest in providing pharmacy services or who has engaged in any activity directly related to the practice of pharmacy.
(c) Each member of the Board shall receive two hundred dollars compensation not to exceed the amount paid to members of the Legislature for their interim duties as recommended by the Citizens Legislative Compensation Commission for each day spent in attending to the duties of the Board or of its committees, not including days solely spent on travel, and shall be reimbursed for all actual and necessary expenses incurred in carrying out his or her duties in a manner consistent with the guidelines of the Travel Management Office of the Department of Administration.
(d) The members of the Board in office on the date this section takes effect shall, unless sooner removed, continue to serve until their respective terms expire and until their successors have been appointed and have qualified. Board member terms shall be for five years with at least one pharmacist member's term expiring yearly. The Governor may, with the advice and consent of the Senate, reappoint any member for additional consecutive terms. Members as of the first day of July, one thousand nine hundred ninety-five, are eligible for reappointment to additional terms regardless of the length of time they have previously served on the Board.
(e) The Board, in addition to the authority, powers and duties granted to the Board by this chapter and chapter sixteen of this code, shall have the authority to:
(1) Regulate the practice of pharmacy;
(2) Regulate the employment of licensed interns in pharmacy;
(3) Appoint, within the limit of appropriations, inspectors, who shall be pharmacists, and investigators to act as agents of the Board within the provisions of this chapter and chapter sixteen of this code and rules as the Board shall promulgate;
(4) Adopt rules of professional conduct; and
(5) Hire an attorney, as may be necessary; and
(6) Waive rules for up to twelve months
for approved, innovative pharmacy pilot or demonstration projects. Detailed project waiver requests shall be submitted to the Board by the pharmacist-in-charge of the pharmacy where the project is to be implemented. No project may be approved by the Board that may jeopardize public health or safety. Once approved by the Board, the pharmacist-in-charge shall make written monthly reports to the Board on the progress and objective results of the project. Board inspectors shall monitor all projects. On or before the completion date of the project waiver, the Board shall review the project results and either make appropriate legislative recommendations or require termination of the project. The Board may rescind approval and terminate the project at any time it considers the public interest is not fully protected. All approved pilot projects shall be printed in the State Register. The Board shall also annually report on all approved pilot projects to the Joint Committee on Government and Finance. The authority granted under this subdivision shall expire on the first day of July, two thousand seven .
(f) A majority of the membership of the Board constitutes a quorum for the transaction of business, and any motion is approved by a majority vote of a quorum. All Board members shall be given advance notice of each Board meeting.
(g) Meetings of the Board shall be held in public session, except that the Board may hold closed sessions to prepare, approve, grade or administer examinations. Disciplinary proceedings, prior to a finding of probable cause, as provided in section seven of this article shall be held in closed sessions, unless the party subject to discipline requests that the hearing be held in public sessions. All discussions or meetings of the Board concerning personnel matters shall be held in closed session.
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