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Committee Substitute House Bill 3052 History

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Key: Green = existing Code. Red = new code to be enacted


COMMITTEE SUBSTITUTE

FOR

H. B. 3052

(By Delegates Border and Perdue)


(Originating in the Committee on the Judiciary)


[April 5, 2001]


A BILL to amend article five, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section five-b, relating to indirect supervision of registered pharmacy technicians during pharmacist's break; providing for a maximum break period in which a registered pharmacy technician may be indirectly supervised; limiting the physical area a pharmacist may take a break; providing for certain functions a registered pharmacy technician may perform while being indirectly supervised; requiring certain communication vehicles to be implemented between a registered pharmacy technician and a pharmacist while on break; and providing for certain protocols to be established by individual pharmacies in the event of an emergency while a pharmacist is on break.

Be it enacted by the Legislature of West Virginia:
That article five, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section five-b, to read as follows:

ARTICLE 5. PHARMACISTS, PHARMACY TECHNICIANS, PHARMACY INTERNS AND PHARMACIES.
§30-5-5b. Indirect supervision of registered pharmacy technicians during pharmacist's break.

(a) Indirect supervision of registered pharmacy technicians within a pharmacy may be permitted to allow pharmacists to take a break of no more than thirty minutes. The pharmacist may leave the pharmacy area but may not leave the building during the break.
(b) When a pharmacist is on break, pharmacy technicians may continue to prepare prescriptions for the pharmacist's verification. No prescription may be delivered until the pharmacist has verified the accuracy of the prescription, and counseling, if required, has been provided to or refused by the patient.
(c) A pharmacy that permits indirect supervision of registered pharmacy technicians during a pharmacist's break shall have either an interactive voice response system or a voice mail system installed on the pharmacy phone line in order to receive new prescription orders and refill authorizations during the break.
(d) The pharmacy shall establish protocols that require a registered pharmacy technician to interrupt the pharmacist's break if an emergency arises.







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