ENGROSSED
H. B. 2713
(By Delegate Gallagher)
[Introduced March 25, 1993; referred to the
Committee on Health and Human Resources.]
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 two-a,
relating to requiring the board of pharmacy to allow
pharmacists to prescribe drugs; requiring the board of
pharmacy to establish a committee to recommend a formulary
of limited medicinal drugs that pharmacists may prescribe to
the public; requiring labeling; providing for third party
reimbursement; and providing a penalty for violations.
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 two-
a, to read as follows:
ARTICLE 5. PHARMACISTS, ASSISTANT PHARMACISTS AND DRUGSTORES.
§30-5-2a. Board to authorize limited prescriptive authority for
pharmacists; committee established to recommend
formulary of medicinal drugs; allowed categories ofdrugs; rules and regulations; labeling requirements;
third party reimbursement; penalties.
(a) The board of pharmacy shall authorize pharmacists to
prescribe certain drugs in accordance with state and federal laws
and the provisions of this section.
(b) To effect the purposes of this section, the board shall
convene a committee to recommend a formulary of medicinal drugs,
limited in accordance with subdivision (1) of this subsection,
which may be made available to the public upon the order of a
pharmacist and procedures for pharmacists to follow when
dispensing any medicinal drugs pursuant to the formulary. The
committee shall consist of three members designated by the board
of pharmacy, two members designated by the board of medicine, one
member designated by the board of osteopathy and one additional
person designated by the governor with a background in health
care or pharmacology.
(1) In developing the formulary of medicinal drug products,
the committee may include products falling within the following
categories:
(i) Any medicinal drug of single or multiple active
ingredients in any strengths when such active ingredients have
been approved individually or in combination for over-the-counter
sale by the U.S. Food and Drug Administration.
(ii) Any medicinal drug recommended by the U.S. Food and
Drug Administration Advisory Panel for transfer to over-the-
counter status pending approval by the U.S. Food and Drug
Administration.
(iii) Any medicinal drug containing any antihistamine ordecongestant as a single active ingredient or in combination.
(iv) Any medicinal drug containing fluoride in any strength.
(v) Any medicinal drug containing lindane in any strength.
Any drug which is sold as an over-the-counter proprietary drug
under federal law shall not be included in the formulary or
otherwise affected by this section.
(2) Dispensing procedures may include matters related to
reception of patient, description of the patient's condition,
patient interview, patient physician referral, product selection
and dispensing and use limitations.
(c) Pursuant to the recommendations of the committee, the
board of pharmacy shall promulgate rules in accordance with
chapter twenty-nine-a of this code delineating the prescriptive
authority of pharmacists pursuant to this section. A pharmacist
may order and dispense a product from the formulary pursuant to
the established dispensing procedures as provided in the rules
for each drug in conjunction with its inclusion in the formulary.
Any drug product ordered by a pharmacist may be selected and
dispensed only by the pharmacist so ordering, and the pharmacist
may not refill the order, nor may the pharmacist order another
medicinal drug for the same condition unless such act is
consistent with dispensing procedures established by the
committee. Appropriate referral to another health-care provider
shall be required under certain circumstances. On each occasion
of such dispensing, the pharmacist shall create and maintain a
prescription record in the form required by law.
(d) Affixed to the container containing a medicinal drug
dispensed pursuant to this section shall be a label bearing thefollowing information:
(1) The name of the pharmacist ordering the medication;
(2) The name and address of the pharmacy from which the
medication was dispensed;
(3) The date of dispensing;
(4) The order number or other identification adequate to
readily identify the order;
(5) The name of the patient for whom the medicinal drug was
ordered;
(6) The directions for use of the medicinal drug ordered;
and
(7) A clear, concise statement that the order may not be
refilled.
(f) Any person ordering or dispensing medicinal drugs in
violation of this section is guilty of a misdemeanor, and, upon
conviction thereof, shall be fined not less than fifty dollars
nor more than five hundred dollars, or imprisoned in the county
jail for not more than sixty days, or both fined and imprisoned.