Senate Bill No. 408
(By Senator Minard)
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[Introduced March 6, 2001; referred to the Committee on the
Judiciary.]
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A BILL to amend and reenact section five, article five, chapter
thirty of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to permitting pharmacists of
good moral character but with certain prior felony convictions
to become licensed; and reissue of surrendered licenses.
Be it enacted by the Legislature of West Virginia:
That section five, article five, chapter thirty of the code of
West Virginia, one thousand nine hundred thirty-one, as amended, be
amended and reenacted to read as follows:
ARTICLE 5. PHARMACISTS, PHARMACY, TECHNICIANS, PHARMACY INTERNS
AND PHARMACIES.
§30-5-5. Qualifications for licensure as pharmacist; fees;
certificates of licensure; rules for licensure; reciprocity; minimum standards.
(a) In order to be licensed as a pharmacist within the meaning
of this article, a person shall:
(1) Be eighteen years of age or older;
(2) Present to the board satisfactory evidence that he or she
is a graduate of a recognized school of pharmacy as defined by the
board of pharmacy;
(3) Present to the board satisfactory evidence that he or she
has completed at least fifteen hundred hours of internship in a
pharmacy under the instruction and supervision of a pharmacist;
(4) Pass an examination approved by the board of pharmacy; and
(5) Present to the board satisfactory evidence that he or she
is a person of good moral character
has not been convicted of a
felony involving controlled substances or violent crime, and is not
addicted to alcohol or the use of controlled substances.
(b) An applicant for examination shall pay to the board a fee
of one hundred twenty-five dollars with his or her application.
(c) The board shall issue certificates of licensure to all
persons who successfully pass the required examination and are
otherwise qualified and to all those whose certificates or licenses
the board shall accept in lieu of an examination as provided in section six of this article.
(d) The board shall by rule stipulate the forms to be used for
licensure application, the requirements for reciprocity and the
required minimum score for passing of the licensure examination.
(e) In order to receive reissuance of a license previously
surrendered to the board, an applicant shall provide the following:
(1) Evidence of a prior valid licensure; (2)evidence that it has
been at least five years since the license was surrendered; (3)
performance of at least one year of required continuing education;
(4) proof relative to the circumstances under which the license was
surrendered; and (5) evidence satisfactory to the board that the
circumstances under which the license was surrendered have been
remedied or cured so as to constitute no threat to the general
public. The board, upon receipt of all the above, may issue a
license to the applicant with any conditions it may require in its
protection of the public.
NOTE: The purpose of this bill is to permit licensure of a
pharmacist who is otherwise of good moral character,
notwithstanding that he or she may have had a previous felony
conviction involving controlled substances or violence.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would
be added.
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