H. B. 3052
(By Delegates Border and Perdue)
[Introduced March 29, 2001; referred to the
Committee on Health and Human Resources then the
Judiciary.]
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.
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 an
uninterrupted break of approximately thirty minutes. The
pharmacist may leave the pharmacy area but may not leave the
building during the break.
(b) Pharmacy technicians may continue to prepare prescriptions
for the pharmacist's verification, but no prescription may be
delivered unless the pharmacist has already verified the accuracy
of the prescription, and counseling, if required, has already been
provided or refused by the patient.
(c) A pharmacy allowing indirect supervision of registered
pharmacy technicians during a pharmacist's break shall have either
an interactive voice response system or a voice mail installed on
the doctor's phone line in order to receive new prescription orders
and refill authorizations during the break.
(d) A protocol shall be established to allow a registered
pharmacy technician to interrupt the pharmacist's break if an
emergency arises.
NOTE:
The purpose of this bill is to
permit pharmacists to
take a 30-minute break within the building and continue to
supervise pharmacy technicians indirectly during the break.
This section is new; therefore, strike-throughs and
underscoring have been omitted.