H. B. 2289
(By Mr. Speaker, (Mr. Thompson), and Delegate Armstead)
[By Request of the Executive]
[Introduced January 17, 2007; referred to the
Committee on Health and Human Resources then the Judiciary.]
A BILL to amend and reenact §30-5-1b, §30-5-12, §30-5-12b and
§30-5-16b of the Code of West Virginia, 1931, as amended; to
amend said code by adding thereto a new section, designated
§30-5-12c; to amend and reenact §30-7-15c of said code; and to
amend and reenact §60A-3-308 of said code, all relating to the
authorization of E-prescribing generally.
Be it enacted by the Legislature of West Virginia:
That §30-5-1b, §30-5-12, §30-5-12b and §30-5-16b of the Code
of West Virginia, 1931, as amended, be amended and reenacted; that
said code be amended by adding thereto a new section, designated
§30-5-12c; that §30-7-15c of said code be amended and reenacted;
and that §60A-3-308 of said code be amended and reenacted, all to
read as follows:
CHAPTER 30. PROFESSIONS AND OCCUPATIONS.
ARTICLE 5. PHARMACISTS, PHARMACY TECHNICIANS, PHARMACY INTERNS AND PHARMACIES.
The following words and phrases, as used in this article, have
the following meanings, unless the context otherwise requires:
(1) "Administer" means the direct application of a drug to the
body of a patient or research subject by injection, inhalation,
ingestion or any other means.
(2) "Board of pharmacy" or "Board" means the West Virginia
State Board of Pharmacy.
(3) "Collaborative pharmacy practice" is that practice of
pharmacy where one or more pharmacists have jointly agreed, on a
voluntary basis, to work in conjunction with one or more physicians
under written protocol where the pharmacist or pharmacists may
perform certain patient care functions authorized by the physician
or physicians under certain specified conditions and limitations.
(4) "Collaborative pharmacy practice agreement" is a written
and signed agreement between a pharmacist, a physician, and the
individual patient or the patient's authorized representative who
has granted his or her informed consent, that provides for
collaborative pharmacy practice for the purpose of drug therapy
management of a patient, which has been approved by the Board of
Pharmacy, the Board of Medicine in the case of an allopathic
physician or the West Virginia Board of Osteopathy in the case of
an osteopathic physician.
(5) "Compounding" means:
(A) The preparation, mixing, assembling, packaging or labeling
of a drug or device:
(i) As the result of a practitioner's prescription drug order
or initiative based on the practitioner/patient/pharmacist
relationship in the course of professional practice for sale or
(ii) For the purpose of, or as an incident to, research,
teaching or chemical analysis and not for sale or dispensing; and
(B) The preparation of drugs or devices in anticipation of
prescription drug orders based on routine, regularly observed
(6) "Confidential information" means information maintained by
the pharmacist in the patient record or which is communicated to
the patient as part of patient counseling or which is communicated
by the patient to the pharmacist. This information is privileged
and may be released only to the patient or to other members of the
health care team and other pharmacists where, in the pharmacists'
professional judgment, the release is necessary to the patient's
health and well-being; to health plans, as that term is defined in
45 CFR §160.103, for payment; to other persons or governmental
agencies authorized by law to receive the privileged information;
as necessary for the limited purpose of peer review and utilization
review; as authorized by the patient or required by court order. Appropriate disclosure, as permitted by this section, may occur by
the pharmacist either directly or through an electronic data
intermediary, as defined in subdivision (14) of this section.
(7) "Deliver" or "delivery" means the actual, constructive or
attempted transfer of a drug or device from one person to another,
whether or not for a consideration.
(8) "Device" means an instrument, apparatus, implement or
machine, contrivance, implant or other similar or related article,
including any component part or accessory, which is required under
federal law to bear the label, "Caution: Federal or state law
requires dispensing by or on the order of a physician."
(9) "Dispense" or "dispensing" means the preparation and
delivery of a drug or device in an appropriately labeled and
suitable container to a patient or patient's representative or
surrogate pursuant to a lawful order of a practitioner for
subsequent administration to, or use by, a patient.
(10) "Distribute" means the delivery of a drug or device other
than by administering or dispensing.
(11) "Drug" means:
(A) Articles recognized as drugs in the USP-DI, facts and
comparisons, physicians desk reference or supplements thereto, for
use in the diagnosis, cure, mitigation, treatment or prevention of
disease in human or other animals;
(B) Articles, other than food, intended to affect the structure or any function of the body of human or other animals;
(C) Articles intended for use as a component of any articles
specified in paragraphs (A) or (B) of this subdivision.
(12) "Drug regimen review" includes, but is not limited to,
the following activities:
(A) Evaluation of the prescription drug orders and patient
(i) Known allergies;
(ii) Rational therapy-contraindications;
(iii) Reasonable dose and route of administration; and
(iv) Reasonable directions for use.
(B) Evaluation of the prescription drug orders and patient
records for duplication of therapy.
(C) Evaluation of the prescription drug for interactions
and/or adverse effects which may include, but are not limited to,
any of the following:
(iii) Drug-disease; and
(iv) Adverse drug reactions.
(D) Evaluation of the prescription drug orders and patient
records for proper use, including over use and under use and
optimum therapeutic outcomes.
(13) "Drug therapy management" means the review of drug
therapy regimens of patients by a pharmacist for the purpose of
evaluating and rendering advice to a physician regarding adjustment
of the regimen in accordance with the collaborative pharmacy
practice agreement. Decisions involving drug therapy management
shall be made in the best interest of the patient. Drug therapy
management shall be limited to:
(A) Implementing, modifying, and managing drug therapy
according to the terms of the collaborative pharmacy practice
(B) Collecting and reviewing patient histories;
(C) Obtaining and checking vital signs, including pulse,
temperature, blood pressure and respiration;
(D) Ordering screening laboratory tests that are dose related
and specific to the patient's medication or are protocol driven and
are also specifically set out in the collaborative pharmacy
practice agreement between the pharmacist and physician.
(14) "Electronic data intermediary" means an entity that
provides the infrastructure to connect a computer system, handheld
electronic device, or other electronic device used by a prescribing
practitioner with a computer system or other electronic device used
by a pharmacist to facilitate the secure transmission of:
(A) An electronic prescription order;
(B) A refill authorization request;
(C) A communication; or
(D) Other patient care information.
(15) "E-prescribing" means the transmission, using electronic
media, of prescription or prescription-related information between
a practitioner, pharmacist, pharmacy benefit manager or health plan
as defined in 45 CFR §160.103, either directly or through an
electronic data intermediary. E-prescribing includes, but is not
limited to, two-way transmissions between the point of care and the
pharmacist. E-prescribing may also be referenced by the terms
"electronic prescription" or "electronic order".
(14) (16) "Intern" means an individual who is:
(A) Currently registered by this state to engage in the
practice of pharmacy while under the supervision of a licensed
pharmacist and is satisfactorily progressing toward meeting the
requirements for licensure as a pharmacist; or
(B) A graduate of an approved college of pharmacy or a
graduate who has established educational equivalency by obtaining
a foreign pharmacy graduate examination committee (FPGEC)
certificate, who is currently licensed by the board for the purpose
of obtaining practical experience as a requirement for licensure as
a pharmacist; or
(C) A qualified applicant awaiting examination for licensure;
(D) An individual participating in a residency or fellowship program.
(15) (17) "Labeling" means the process of preparing and
affixing a label to a drug container exclusive, however, of a
labeling by a manufacturer, packer or distributor of a
nonprescription drug or commercially packaged legend drug or
device. Any label shall include all information required by
federal law or regulation and state law or rule.
(16) (18) "Mail-order pharmacy" means a pharmacy, regardless
of its location, which dispenses greater than ten percent
prescription drugs via the mail.
(17) (19) "Manufacturer" means a person engaged in the
manufacture of drugs or devices.
(18) (20) "Manufacturing" means the production, preparation,
propagation or processing of a drug or device, either directly or
indirectly, by extraction from substances of natural origin or
independently by means of chemical or biological synthesis and
includes any packaging or repackaging of the substance or
substances or labeling or relabeling of its contents and the
promotion and marketing of the drugs or devices. Manufacturing
also includes the preparation and promotion of commercially
available products from bulk compounds for resale by pharmacies,
practitioners or other persons.
(19) (21) "Nonprescription drug" means a drug which may be
sold without a prescription and which is labeled for use by the consumer in accordance with the requirements of the laws and rules
of this state and the federal government.
(20) (22) "Patient counseling" means the oral communication by
the pharmacist of information, as defined in the rules of the
board, to the patient to improve therapy by aiding in the proper
use of drugs and devices.
(21) (23) "Person" means an individual, corporation,
partnership, association or any other legal entity, including
(22) (24) "Pharmaceutical care" is the provision of drug
therapy and other pharmaceutical patient care services intended to
achieve outcomes related to the cure or prevention of a disease,
elimination or reduction of a patient's symptoms or arresting or
slowing of a disease process as defined in the rules of the board.
(23) (25) "Pharmacist" or "registered pharmacist" means an
individual currently licensed by this state to engage in the
practice of pharmacy and pharmaceutical care.
(24) (26) "Pharmacist-in-charge" means a pharmacist currently
licensed in this state who accepts responsibility for the operation
of a pharmacy in conformance with all laws and rules pertinent to
the practice of pharmacy and the distribution of drugs and who is
personally in full and actual charge of the pharmacy and personnel.
(25) (27) "Pharmacist's scope of practice pursuant to the
collaborative pharmacy practice agreement" means those duties and limitations of duties placed upon the pharmacist by the
collaborating physician, as jointly approved by the Board of
Pharmacy and the Board of Medicine or the Board of Osteopathy.
(26) (28) "Pharmacy" means any drugstore, apothecary or place
within this state where drugs are dispensed and sold at retail or
displayed for sale at retail and pharmaceutical care is provided
and any place outside of this state where drugs are dispensed and
pharmaceutical care is provided to residents of this state.
(27) (29) "Physician" means an individual currently licensed,
in good standing and without restrictions, as an allopathic
physician by the West Virginia Board of Medicine, or an osteopathic
physician by the West Virginia Board of Osteopathy.
(28) (30) "Pharmacy technician" means registered supportive
personnel who work under the direct supervision of a pharmacist who
have passed an approved training program as described in this
(29) (31) "Practitioner" means an individual currently
licensed, registered or otherwise authorized by any state,
territory or district of the United States to prescribe and
administer drugs in the course of professional practices, including
allopathic and osteopathic physicians, dentists, physician's
assistants, optometrists, veterinarians, podiatrists and nurse
practitioners as allowed by law.
(30) (32) "Preceptor" means an individual who is currently licensed as a pharmacist by the board, meets the qualifications as
a preceptor under the rules of the board and participates in the
instructional training of pharmacy interns.
(31) (33) "Prescription drug" or "legend drug" means a drug
which, under federal law, is required, prior to being dispensed or
delivered, to be labeled with either of the following statements:
(A) "Caution: Federal law prohibits dispensing without
(B) "Caution: Federal law restricts this drug to use by, or
on the order of, a licensed veterinarian"; or a drug which is
required by any applicable federal or state law or rule to be
dispensed pursuant only to a prescription drug order or is
restricted to use by practitioners only.
(32) (34) "Prescription drug order" means a lawful order of a
practitioner for a drug or device for a specific patient.
(33) (35) "Prospective drug use review" means a review of the
patients' drug therapy and prescription drug order, as defined in
the rules of the board, prior to dispensing the drug as part of a
drug regimen review.
(34) (36) "USP-DI" means the United States pharmacopeia-
(35) (37) "Wholesale distributor" means any person engaged in
wholesale distribution of drugs, including, but not limited to,
manufacturers' and distributors' warehouses, chain drug warehouses and wholesale drug warehouses, independent wholesale drug trader
and retail pharmacies that conduct wholesale distributions.
§30-5-12. Responsibility for quality of drugs dispensed;
exception; falsification of labels; deviation from
(a) All persons, whether licensed pharmacists or not, shall be
responsible for the quality of all drugs, chemicals and medicines
they may sell or dispense, with the exception of those sold in or
dispensed unchanged from the original retail package of the
manufacturer, in which event the manufacturer shall be responsible.
(b) Except as provided in section twelve-b of this article,
the following acts shall be prohibited: (1) The falsification of
any label upon the immediate container, box and/or package
containing a drug; (2) the substitution or the dispensing of a
different drug in lieu of any drug prescribed in a prescription
without the approval of the practitioner authorizing the original
prescription: Provided, That this shall not be construed to
interfere with the art of prescription compounding which does not
alter the therapeutic properties of the prescription or appropriate
generic substitute; (3) the filling or refilling of any
prescription for a greater quantity of any drug or drug product
than that prescribed in the original prescription without a written
or electronic order or an oral order reduced to writing, or the
refilling of a prescription without the verbal,
or written or electronic consent of the practitioner authorizing the original
§30-5-12b. Definitions; selection of generic drug products;
exceptions; records; labels; manufacturing
standards; rules; notice of substitution;
complaints; notice and hearing; immunity.
(a) As used in this section:
(1) "Brand name" means the proprietary or trade name selected
by the manufacturer and placed upon a drug or drug product, its
container, label or wrapping at the time of packaging.
(2) "Generic name" means the official title of a drug or drug
combination for which a new drug application, or an abbreviated new
drug application, has been approved by the United States Food and
Drug Administration and is in effect.
(3) "Substitute" means to dispense without the prescriber's
express authorization a therapeutically equivalent generic drug
product in the place of the drug ordered or prescribed.
(4) "Equivalent" means drugs or drug products which are the
same amounts of identical active ingredients and same dosage form
and which will provide the same therapeutic efficacy and toxicity
when administered to an individual and is approved by the United
States Food and Drug Administration.
(b) A pharmacist who receives a prescription for a brand name
drug or drug product shall substitute a less expensive equivalent generic name drug or drug product unless in the exercise of his or
her professional judgment the pharmacist believes that the less
expensive drug is not suitable for the particular patient:
Provided, That no substitution may be made by the pharmacist where
the prescribing practitioner indicates that, in his or her
professional judgment, a specific brand name drug is medically
necessary for a particular patient.
written prescription order shall permit the pharmacist
to substitute an equivalent generic name drug or drug product
except where the prescribing practitioner has indicated in his or
her own handwriting the words "Brand Medically Necessary". The
following sentence shall be printed on the prescription form.
"This prescription may be filled with a generically equivalent drug
product unless the words 'Brand Medically Necessary' are written,
in the practitioner's own handwriting, on this prescription form.":
Provided, That "Brand Medically Necessary" may be indicated on the
prescription order other than in the prescribing practitioner's own
handwriting unless otherwise required by federal mandate the
prescription order that a specific brand is medically necessary.
In the case of a verbal prescription order, the pharmacist shall
note the instruction that a specific brand is medically necessary
on the file copy of the prescription or chart order form. In the
case of an electronic prescription order, the practitioner shall
electronically communicate his or her order that a specific brand is medically necessary by utilizing appropriate coding.
(d) A verbal prescription order shall permit the pharmacist to
substitute an equivalent generic name drug or drug product except
where the prescribing practitioner shall indicate to the pharmacist
that the prescription is "Brand Necessary" or "Brand Medically
Necessary". The pharmacist shall note the instructions on the file
copy of the prescription or chart order form.
(e) (d) No person may by trade rule, work rule, contract or in
any other way prohibit, restrict, limit or attempt to prohibit,
restrict or limit the making of a generic name substitution under
the provisions of this section. No employer or his or her agent
may use coercion or other means to interfere with the professional
judgment of the pharmacist in deciding which generic name drugs or
drug products shall be stocked or substituted: Provided, That this
section shall not be construed to permit the pharmacist to
generally refuse to substitute less expensive therapeutically
equivalent generic drugs for brand name drugs and that any
pharmacist so refusing shall be subject to the penalties prescribed
in section twenty-two of this article.
(f) (e) A pharmacist may substitute a drug pursuant to the
provisions of this section only where there will be a savings to
the buyer. Where substitution is proper, pursuant to this section,
or where the practitioner prescribes the drug by generic name, the
pharmacist shall, consistent with his or her professional judgment, dispense the lowest retail cost, effective brand which is in stock.
(g) (f) All savings in the retail price of the prescription
shall be passed on to the purchaser; these savings shall be equal
to the difference between the retail price of the brand name
product and the customary and usual price of the generic product
substituted therefor: Provided, That in no event shall such
savings be less than the difference in acquisition cost of the
brand name product prescribed and the acquisition cost of the
(h) (g) Each pharmacy shall maintain a record of any
substitution of an equivalent generic name drug product for a
prescribed brand name drug product on the file copy of a written,
electronic or verbal prescription or chart order. Such record
shall include the manufacturer and generic name of the drug product
(i) (h) All drugs shall be labeled in accordance with the
instructions of the practitioner.
(j) (i) Unless the practitioner directs otherwise, the
prescription label on all drugs dispensed by the pharmacist shall
indicate the generic name using abbreviations, if necessary, and
either the name of the manufacturer or packager, whichever is
applicable in the pharmacist's discretion. The same notation will
be made on the original prescription retained by the pharmacist.
(k) (j) A pharmacist may not dispense a product under the provisions of this section unless the manufacturer has shown that
the drug has been manufactured with the following minimum good
manufacturing standards and practices by:
(1) Labeling products with the name of the original
manufacturer and control number;
(2) Maintaining quality control standards equal to or greater
than those of the United States Food and Drug Administration;
(3) Marking products with identification code or monogram; and
(4) Labeling products with an expiration date.
(l) (k) The West Virginia Board of Pharmacy shall promulgate
rules in accordance with the provisions of chapter twenty-nine-a of
this code which establish a formulary of generic type and brand
name drug products which are determined by the board to demonstrate
significant biological or therapeutic inequivalence and which, if
substituted, would pose a threat to the health and safety of
patients receiving prescription medication. The formulary shall be
promulgated by the board within ninety days of the date of passage
of this section and may be amended in accordance with the
provisions of chapter twenty-nine-a of this code.
(m) (l) No pharmacist shall substitute a generic named
therapeutically equivalent drug product for a prescribed brand name
drug product if the brand name drug product or the generic drug
type is listed on the formulary established by the West Virginia
Board of Pharmacy pursuant to this article or is found to be in violation of the requirements of the United States Food and Drug
(n) (m) Any pharmacist who substitutes any drug shall, either
personally or through his or her agent, assistant or employee,
notify the person presenting the prescription of such substitution.
The person presenting the prescription shall have the right to
refuse the substitution. Upon request the pharmacist shall relate
the retail price difference between the brand name and the drug
substituted for it.
(o) (n) Every pharmacy shall post in a prominent place that is
in clear and unobstructed public view, at or near the place where
prescriptions are dispensed, a sign which shall read: "West
Virginia law requires pharmacists to substitute a less expensive
generic named therapeutically equivalent drug for a brand name
drug, if available, unless you or your physician direct otherwise."
The sign shall be printed with lettering of at least one and
one-half inches in height with appropriate margins and spacing as
prescribed by the West Virginia Board of Pharmacy.
(p) (o) The West Virginia Board of Pharmacy shall promulgate
rules in accordance with the provisions of chapter twenty-nine-a of
this code setting standards for substituted drug products,
obtaining compliance with the provisions of this section and
enforcing the provisions of this section.
(q) (p) Any person shall have the right to file a complaint with the West Virginia Board of Pharmacy regarding any violation of
the provisions of this article. Such complaints shall be
investigated by the board of pharmacy.
(r) (q) Fifteen days after the board has notified, by
registered mail, a person, firm, corporation or copartnership that
such person, firm, corporation or copartnership is suspected of
being in violation of a provision of this section, the board shall
hold a hearing on the matter. If, as a result of the hearing, the
board determines that a person, firm, corporation or copartnership
is violating any of the provisions of this section, it may, in
addition to any penalties prescribed by section twenty-two of this
article, suspend or revoke the permit of any person, firm,
corporation or copartnership to operate a pharmacy.
(s) (r) No pharmacist complying with the provisions of this
section shall be liable in any way for the dispensing of a generic
named therapeutically equivalent drug, substituted under the
provisions of this section, unless the generic named
therapeutically equivalent drug was incorrectly substituted.
(t) (s) In no event where the pharmacist substitutes a drug
under the provisions of this section shall the prescribing
physician be liable in any action for loss, damage, injury or death
of any person occasioned by or arising from the use of the
substitute drug unless the original drug was incorrectly
(u) (t) Failure of a practitioner to specify that a specific
brand name is necessary for a particular patient shall not
constitute evidence of negligence unless the practitioner had
reasonable cause to believe that the health of the patient required
the use of a certain product and no other.
§30-5-12c. Electronic prescribing.
(a) Notwithstanding any other provision of this code to the
contrary, E-prescribing, as defined in subdivision (15), section
one-b of this article, is hereby permitted and electronic
prescriptions shall be treated as valid prescriptions orders.
E-prescribing of controlled substances listed in Schedule II shall
not be permitted, except as provided by emergency rules promulgated
by the board pursuant to the provisions of section fifteen, article
three, chapter twenty-nine-a of this code, which such rules shall
not be contrary to any applicable federal law, rule or regulation.
(b) All electronic data intermediaries shall ensure the
integrity of all electronic prescriptions
information, such that the data or information are not altered or
destroyed in an unauthorized manner. Electronic data
intermediaries shall implement policies and procedures to protect
electronic prescriptions and all confidential information from
improper alteration or destruction.
(c) All electronic prescriptions shall be transmitted in a
manner consistent with applicable federal law, rules and regulations, including, but not limited to, the Health Insurance
Portability and Accountability Act of 1996, Public Law 104-191, as
amended, the Medicare Prescription Drug, Improvement and
Modernization Act of 2003, Public Law 108-173, as amended, the
Controlled Substances Act of 1970, Public Law 91-513, as amended,
the Drug Abuse Prevention, Treatment and Rehabilitation Act, Public
Law 92-255, as amended, and the Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970,
Public Law 91-616, as amended.
(d) The board shall promulgate emergency rules pursuant to the
provisions of article three, chapter twenty-nine-a of this code to
implement and enforce the provisions of this section.
§30-5-16b. Partial filling of prescriptions.
(a) The partial filling of a prescription for a controlled
substance listed in Schedule II is permissible if the pharmacist is
unable to supply the full quantity called for in a written or
emergency oral prescription and
he the pharmacist makes a notation
of the quantity supplied on the face of the written prescription or
on the written record of the emergency oral prescription. The
remaining portion of the prescription may be filled within
seventy-two hours of the first partial filling: Provided, That if
the remaining portion is not or cannot be filled within the
seventy-two hour period, the pharmacist shall so notify the
prescribing individual practitioner. No further quantity may be supplied beyond seventy-two hours without a new prescription.
(b) To the extent E-prescribing of controlled substances
listed in Schedule II is permitted by rules promulgated pursuant to
the provisions of subsection (d), section twelve of this article,
and not contrary to any applicable federal law, rule or regulation,
the partial filling of an electronic prescription for a controlled
substance listed in Schedule II shall be permissible if the
pharmacist is unable to supply the full quantity called for in an
electronic prescription and the pharmacist makes a notation on the
quantity supplied within the electronic record. The remaining
portion of the prescription may be filled consistent with the
limitations set forth in subsection (a) of this section.
ARTICLE 7. REGISTERED PROFESSIONAL NURSES.
§30-7-15c. Form of prescriptions; termination of authority;
renewal; notification of termination of authority.
(a) Prescriptions authorized by an advanced nurse practitioner
must comply with all applicable state and federal laws; must be
signed by the prescriber with the initials "A.N.P." or the
designated certification title of the prescriber; and must include
the prescriber's identification number assigned by the board or the
prescriber's National Provider Identifier assigned by the National
Provider System pursuant to 45 CFR §162.408.
(b) Prescriptive authorization shall be terminated if the
advanced nurse practitioner has:
(1) Not maintained current authorization as an advanced nurse
(2) Prescribed outside the advanced nurse practitioner's scope
of practice or has prescribed drugs for other than therapeutic
(3) Has not filed verification of a collaborative agreement
with the board.
(c) Prescriptive authority for an advanced nurse practitioner
must be renewed biennially. Documentation of eight contact hours
of pharmacology during the previous two years must be submitted at
the time of renewal.
(d) The board shall notify the Board of Pharmacy and the Board
of Medicine within twenty-four hours after termination of, or
change in, an advanced nurse practitioner's prescriptive authority.
60A. UNIFORMED CONTROLLED SUBSTANCES ACT.
ARTICLE 3. REGULATION OF MANUFACTURE, DISTRIBUTION AND DISPENSING
OF CONTROLLED SUBSTANCES.
(a) Except when dispensed directly by a practitioner, other
than a pharmacy, to an ultimate user, no controlled substance in
Schedule II may be dispensed without the
prescription of a practitioner.
(b) In emergency situations, as defined by rule of the said
appropriate department, board or agency, Schedule II drugs may be dispensed upon oral prescription of a practitioner, reduced
promptly to writing and filed by the pharmacy. Prescription shall
be retained in conformity with the requirements of section three
hundred six of this article. No prescription for a Schedule II
substance may be refilled.
(c) Except when dispensed directly by a practitioner, other
than a pharmacy, to an ultimate user, a controlled substance
included in Schedule III or IV, which is a prescription drug as
determined under appropriate state or federal statute, shall not be
dispensed without a
written or oral lawful prescription of a
practitioner. The prescription shall not be filled or refilled
more than six months after the date thereof or be refilled more
than five times, unless renewed by the practitioner.
(d) (1) A controlled substance included in Schedule V shall
not be distributed or dispensed other than for a medicinal purpose:
Provided, That buprenorphine shall be dispensed only by
prescription pursuant to subsections (a), (b) and (c) of this
section: Provided, however, That the controlled substances
included in subsection (e), section two hundred twelve, article two
of this chapter shall be dispensed, sold or distributed only by a
physician, in a pharmacy by a pharmacist or pharmacy technician, or
health care professional.
(2) If the substance described in subsection (e), section two
hundred twelve, article two of this chapter is dispensed, sold or distributed in a pharmacy:
(A) The substance shall be dispensed, sold or distributed only
by a pharmacist or a pharmacy technician; and
(B) Any person purchasing, receiving or otherwise acquiring
any such substance shall produce a photographic identification
issued by a state or federal governmental entity reflecting his or
her date of birth.
NOTE: The purpose of this bill is to authorize the practice
of E-prescribing, by which prescription orders are electronically
transmitted between such health care providers and pharmacists.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
§30-5-12c is new; therefore, strike-throughs and underscoring
have been omitted.