ENGROSSED
Senate Bill No. 436
(By Senators Minard, Kessler and Ross)
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[Originating in the Committee on the Judiciary;
reported March 7, 2001.]
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A BILL to amend and reenact section five, article five, chapter
thirty of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to conforming licensure
requirements for pharmacists with other medical professions.
Be it enacted by the Legislature of West Virginia:
That section five, 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.
§30-5-5. Qualifications for licensure as pharmacist; fees;
certificates of licensure; rules for licensure; reciprocity;
minimum standards.
(a) In order to be licensed as a pharmacist within the meaning
of this article, a person shall:
(1) Be eighteen years of age or older;
(2) Present to the board satisfactory evidence that he or she
is a graduate of a recognized school of pharmacy as defined by the
board of pharmacy;
(3) Present to the board satisfactory evidence that he or she
has completed at least fifteen hundred hours of internship in a
pharmacy under the instruction and supervision of a pharmacist;
(4) Pass an examination approved by the board of pharmacy; and
(5) Present to the board satisfactory evidence that he or she
is a person of good moral character has not been convicted of a
felony involving controlled substances or violent crime, and is not
addicted to alcohol or the use of controlled substances: Provided,
That application for license of a person whose license has been
previously revoked or application denied as a result of a
conviction for a felony controlled substance offense or a felony
offense involving a violent crime against the person may not be
considered for five years from the date of the conviction.
(b) An applicant for examination shall pay to the board a fee
of one hundred twenty-five dollars with his or her application.
(c) The board shall issue certificates of licensure to all
persons who successfully pass the required examination and are otherwise qualified and to all those whose certificates or licenses
the board shall accept in lieu of an examination as provided in
section six of this article.
(d) The board shall by rule stipulate the forms to be used for
licensure application, the requirements for reciprocity and the
required minimum score for passing of the licensure examination.
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(NOTE: The purpose of this bill is to permit a person to apply
for licensure as pharmacist who was previously convicted of a
felony involving controlled substances or violence after a period
of five years after the last denial of application or revocation of
an existing license.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.)