COMMITTEE SUBSTITUTE
FOR
H. B. 3052
(By Delegates Border and Perdue)
(Originating in the Committee on the Judiciary)
[April 5, 2001]
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; providing for a maximum
break period in which a registered pharmacy technician may be
indirectly supervised; limiting the physical area a pharmacist
may take a break; providing for certain functions a registered
pharmacy technician may perform while being indirectly
supervised; requiring certain communication vehicles to be
implemented between a registered pharmacy technician and a
pharmacist while on break; and providing for certain protocols to be established by individual pharmacies in the event of an
emergency while a pharmacist is on 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 a
break of no more than thirty minutes. The pharmacist may leave the
pharmacy area but may not leave the building during the break.
(b) When a pharmacist is on break, pharmacy technicians may
continue to prepare prescriptions for the pharmacist's
verification. No prescription may be delivered until the
pharmacist has verified the accuracy of the prescription, and
counseling, if required, has been provided to or refused by the
patient.
(c) A pharmacy that permits indirect supervision of registered
pharmacy technicians during a pharmacist's break shall have either
an interactive voice response system or a voice mail system
installed on the pharmacy phone line in order to receive new
prescription orders and refill authorizations during the break.
(d) The pharmacy shall establish protocols that require a
registered pharmacy technician to interrupt the pharmacist's break
if an emergency arises.