H. B. 2483


(By Mr. Speaker, Mr. Kiss (By Request))
[Introduced February 22, 2001; referred to the
Committee on Health and Human Resources then Finance.]




A BILL to amend and reenact section seven, article five, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to providing that fines collected by the board of pharmacy be used by the board of pharmacy to promote and support board activities.

Be it enacted by the Legislature of West Virginia:
That section seven, 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.
§30-5-7. Grounds for suspension or revocation of license or
disciplinary proceedings; penalties and procedures; temporary suspensions; reporting of disciplinary action.
(a) The board shall have the power to withhold, revoke or suspend any license or any certificate issued under this article or to penalize or discipline any pharmacist or pharmacy after giving reasonable notice and an opportunity to be heard pursuant to the provisions of section one, article five, chapter twenty-nine-a of this code, any person who has:
(1) Become unfit or incompetent to practice pharmacy by reason of: (A) Alcohol or substance abuse; (B) insanity; or (C) any abnormal physical or mental condition which threatens the safety of persons to whom such person might sell or dispense prescriptions, drugs, or devices, or for whom he might manufacture, prepare or package, or supervise the manufacturing, preparation, or packaging of prescriptions, drugs or devices;
(2) Been convicted in any of the courts of this state, the United States of America, or any other state, of a felony or any crime involving moral turpitude which bears a rational nexus to the individual's ability to practice as a pharmacist or pharmacist technician;
(3) Violated any of the provisions of this chapter or chapter sixteen of this code;
(4) Failed to comply with the rules of professional conduct adopted by the board pursuant to section two of this article;
(5) Knowledge or suspicion that a pharmacist, pharmacy technician or pharmacy intern is incapable of engaging in the practice of pharmacy with reasonable skill, competence and safety and has failed to report this information to the board;
(6) Committed fraud as a licensee in connection with the practice of pharmacy;
(7) Performed an act outside this state which would constitute a violation within this state; or
(8) Agreed to participate in a legend drug product conversion program promoted or offered by a manufacturer, wholesaler or distributor of such product for which the pharmacist or pharmacy received any form of financial remuneration, or agreed to participate in a legend drug program in which the pharmacist or pharmacy is promoted or offered as the exclusive provider of legend drug products or whereby in any way the public is denied, limited or influenced in selecting pharmaceutical service or counseling.
(b) Upon a finding of a violation of one or more of the above grounds for discipline by a pharmacist, intern or pharmacy technician, the board may impose one or more of the following penalties:
(1) Suspension of the offender's license or registration for a term to be determined by the board;
(2) Revocation of the offender's license or registration;
(3) Restriction of the offender's license or registration to prohibit the offender from performing certain acts or from engaging in the practice of pharmacy in a particular manner for a term to be determined by the board;
(4) Imposition of a fine not to exceed one thousand dollars for each offense: Provided, That notwithstanding the provisions of section ten, article one of this chapter, fines collected by the board shall be deposited in the board's separate special fund and used exclusively for the purposes of administration and enforcement of the board's duties.
(5) Refusal to renew the offender's license or registration;
(6) Placement of the offender on probation and supervision by the board for a period to be determined by the board.
(c) All final decisions of the board shall be subject to judicial review pursuant to the procedures of article five, chapter twenty-nine-a of this code.
(d) In the case of a pharmacy or wholesale distributor, the disciplinary order may be entered as to the corporate owner, if any, as well as to the pharmacist, officer, owner or partner of the pharmacy or wholesale distributor if it is found that such person or entity had knowledge of or knowingly participated in one or more of the violations set forth in this article or of article three, chapter sixty-a of this code.
(e) Notwithstanding the provisions of section eight, article one, chapter thirty of this code, if the board determines that the evidence in its possession indicates that a pharmacist's continuation in practice or unrestricted practice constitutes an immediate danger to the public, the board may, on a temporary basis and without a hearing, take any of the actions provided for in this section if proceedings for a hearing before the board are initiated simultaneously with the temporary action and begin within fifteen days of such action. The board shall render its decision within five days of the conclusion of a hearing conducted pursuant to the provisions of this section.
(f) In every disciplinary or licensure case considered by the board pursuant to this article, whether initiated by the board or upon complaint or information from any person or organization, the board shall make a preliminary determination as to whether probable cause exists to substantiate charges of disqualification due to any reason set forth in this section. If such probable cause is found to exist, all proceedings on such charges shall be open to the public, who shall be entitled to all reports, records and nondeliberative materials introduced at such hearing, including the record of any final action taken: Provided, That any medical records pertaining to a person who has not expressly waived his or her right to the confidentiality of such records shall not be open to the public.
(g) All disciplinary actions taken by the board shall be reported to the national board of pharmacy, appropriate federal agencies and to any other state boards with which the disciplined licensee may also be registered or licensed.
NOTE: The purpose of this bill is to provide that fines collected by the board of pharmacy go into the board's special fund to be used by the board in the pursuit of fullfilling board duties. Current law mandates that fines collected by the board go to the state's general revenue fund.

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