H. B. 2807
(By Delegates Hatfield and Doyle)
[Introduced March 1, 2005; referred to the
Committee on Health and Human Resources then the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §30-5-26, relating to
prohibiting pharmacists and other persons involved in
dispensing medicines from refusing to fill prescriptions;
creating exceptions; providing for complaints to be filed with
the Board of Pharmacy; providing for an administrative fine;
and providing for a civil cause of action.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §30-5-26, to read as
ARTICLE 5. PHARMACISTS, PHARMACY TECHNICIANS, PHARMACY INTERNS
§30-5-26. Prohibition against refusal to dispense prescriptive
medicines; exceptions; and remedies.
(a) No pharmacist licensed in West Virginia and no other
person involved in dispensing medications may refuse to fill any
prescription or dispense any substance for any reason other than
those exceptions provided in subsection (b) of this section.
(b) A pharmacist or other person involved in dispensing
medications may refuse to fill a prescription only if:
(1) The medication is not in stock and is unavailable for
(2) A review of the patient history at the pharmacy shows that
the medication sought to be purchased is contraindicated when used
in combination with other medications that the patient takes and it
appears that the patient's physician is not aware of the
(c) Any pharmacist or other individual involved in dispensing
medicines who refuses to fill or dispense any prescription in
violation of this section is subject to disciplinary action by the
Board of Pharmacy.
(d) Upon receipt of a written complaint to the Board of
Pharmacy about any violation of this section, the Board shall
conduct an investigation pursuant to its administrative provisions.
Any person found to be in violation of this section is subject to
a fine by the Board of Pharmacy of not less than five hundred
dollars and not more than one thousand dollars per occurrence.
(e) In the event a person suffers physical or emotional harm as a result of any pharmacist or other person refusing to dispense
medications or other substances in violation of this section, the
pharmacist or other person and the pharmaceutical business or
employer is liable for the damages, including physical, economical
or special damages, attorney fees and costs and punitive damages.
NOTE: The purpose of this bill is to prohibit pharmacists and
other persons involved in dispensing medicines from refusing to
fill prescriptions or dispense any substance without a valid
reason. It provides for complaints to the Board of Pharmacy and a
civil cause of action.
This section is new; therefore, strike-throughs and
underscoring have been omitted.