Senate Bill No. 326

(By Senators Ross, Anderson, Bowman and Boley)

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[Introduced January 28, 1999; referred to the

Committee

on Health and Human Resources; and then to the

Committee on the Judiciary.]

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A BILL to amend and reenact section eleven, article nine, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the board of pharmacy to promulgate a legislative rule relating to the board.

Be it enacted by the Legislature of West Virginia:

That section eleven, article nine, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted, to read as follows:
ARTICLE 9. AUTHORIZATION FOR MISCELLANEOUS AGENCIES AND BOARDS TO PROMULGATE LEGISLATIVE RULES.

§64-9-11. Board of pharmacy.
The legislative rule relating to the board of pharmacy (rules and regulations of the board of pharmacy, 15 CSR1), effective the fourteenth day of June, one thousand nine hundred ninety-three, is reauthorized and shall be refiled by the board of pharmacy, with only the following amendment:
Page 2, Subsection 2.9, is amended by adding at the end of the subsection, the following sentence: 'The terms Pharmacy, Drug Store or Apothecary do not include a free clinic or a physician's office that dispenses medicines for free.'
The legislative rule filed in the state register on the thirty-first day of July, one thousand nine hundred ninety-eight, authorized under the authority of sections three and nineteen, article five, chapter thirty, of this code, modified by the board of pharmacy to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-first day of January, one thousand nine hundred ninety-nineeight, relating to the board of pharmacy (rules and regulations of the board of pharmacy, 15 CSR 1), is authorized.

NOTE: The purpose of this bill is to authorize the Board of Pharmacy to promulgate a legislative rule relating to the Board.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.