H. B. 3054
(By Delegates Border and Perdue)
[Introduced March 29, 2001; referred to the
Committee on Government Organization then Finance.]
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 six-b,
relating to requiring permits for internet pharmacies.
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 six-b,
to read as follows:
ARTICLE 5. PHARMACISTS, PHARMACY TECHNICIANS, PHARMACY INTERNS
AND PHARMACIES.
§30-5-6b. Permits for internet pharmacies.
(a) "Internet pharmacy" means a website that receives
prescriptions electronically, by telephone, or by facsimile and
which, through electronic means, causes the drug prescribed to be dispensed directly to the patient from a satellite pharmacy or
delivered to the patient from a central source by mail or common
carrier.
(b) Every internet pharmacy which dispenses drugs or medicines
through the United States mail or otherwise from any point in the
state of West Virginia to any point outside the state of West
Virginia shall be registered as an internet pharmacy as an
additional permit to the pharmacy permit issued pursuant to the
provisions of section fourteen of this article. Every initial
application for a permit as an internet pharmacy shall be
accompanied by a fee of five hundred dollars. The fee for renewal
of the permit or license shall be five hundred dollars annually.
(c) Every internet pharmacy which dispense drugs or medicines
through the United States mail or otherwise from any point outside
of the state of West Virginia to any point within the state of West
Virginia shall, as a condition precedent to being qualified and
authorized to transact business in the state of West Virginia,
annually register with the board as an internet pharmacy. Every
initial application for a permit as an internet pharmacy shall be
accompanied by a fee of five hundred dollars. The fee for renewal
of the permit or license shall be five hundred dollars annually.
(d) In order to be eligible for initial licensure and renewal,
an internet pharmacy must demonstrate that it meets the criteria
and standards adopted from time to time by the National Association of Boards of Pharmacy (NABP) in its Verified Internet Pharmacy
Practice Sites (VIPPS) program. The applicant for licensure as an
internet pharmacy must file with its initial license application or
renewal application a certificate from NABP certifies that the
internet pharmacy met these standards and criteria on the date of
the filing of the application.
NOTE:
The purpose of this bill is to
require websites that
receive prescriptions electronically and cause prescribed drugs to
be dispensed, by electronic means, from a satellite pharmacy
directly to the patient or to be delivered to the patient from a
central source by mail or common carrier, to register and meet
standards adopted by the National Association of Boards of
Pharmacy.
This section is new; therefore, strike-throughs and
underscoring have been omitted.