H. B. 2440
(By Delegate Hunt)
[Introduced February 14, 2013; referred to the
Committee on Health and Human Resources then Government
A BILL to amend and reenact §30-5-2 of the Code of West Virginia,
1931, as amended, relating to professions and occupations;
pharmacists; and requiring the Board of Pharmacy to adopt
guidelines to permit pharmacists to prescribe medications.
Be it enacted by the Legislature of West Virginia:
That §30-5-2 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 5. PHARMACISTS, PHARMACY TECHNICIANS, PHARMACY INTERNS
§30-5-2. Board of pharmacy; appointment, qualifications and terms
of members; compensation; powers and duties generally;
meetings and notices.
(a) There shall be a State Board of Pharmacy, known as the
"West Virginia Board of Pharmacy," which shall consist of five practicing pharmacists and two public members, who shall be
appointed by the Governor, by and with the advice and consent of
the Senate. Any vacancy which occurs in the membership of the
board for any reason, including expiration of term, removal,
resignation, death, disability or disqualification shall be
immediately filled by the Governor as provided by this section.
Nothing in this section shall require the Governor to change the
composition of the board prior to the usual expiration of any
member's term. The Governor may consider the diversity of pharmacy
areas of practice when filling vacancies.
(b) Each pharmacist member of the board, at the time of his or
her appointment, shall be a resident of this state, licensed and in
good standing to engage in the practice of pharmacy in this state
for a period of at least five years prior to their appointment.
The public members shall be residents of this state who have
attained the age of eighteen years and may not be a past or present
pharmacist, the spouse of a pharmacist, a person who has ever had
any material financial interest in providing pharmacy services or
who has engaged in any activity directly related to the practice of
(c) Each member of the board shall receive $200 for each day
spent in attending to the duties of the board or of its committees,
and shall be reimbursed for all actual and necessary expenses
incurred in carrying out his or her duties.
(d) The members of the board in office on the date this
section takes effect shall, unless sooner removed, continue to
serve until their respective terms expire and until their
successors have been appointed and have qualified. Board member
terms shall be for five years with at least one pharmacist member's
term expiring yearly. The Governor may, with the advice and
consent of the Senate, reappoint any member for additional
consecutive terms. Members as of July 1, 1995, are eligible for
reappointment to additional terms regardless of the length of time
they have previously served on the board.
(e) The board, in addition to the authority, powers and duties
granted to the board by this chapter and chapter sixteen of this
shall have has the authority to:
(1) Regulate the practice of pharmacy;
(2) Regulate the employment of licensed interns in pharmacy;
(3) Appoint, within the limit of appropriations, inspectors
who shall be pharmacists, and investigators, to act as agents of
the board within the provisions of this chapter and chapter sixteen
of this code and rules as the board shall promulgate;
(4) Adopt rules of professional conduct; and
(5) Hire an attorney, as may be necessary.
(f) A majority of the membership of the board constitutes a
quorum for the transaction of business, and any motion is approved
by a majority vote of a quorum. All board members shall be given advance notice of each board meeting.
(g) Meetings of the board shall be held in public session,
except that the board may hold closed sessions to prepare, approve,
grade or administer examinations. Disciplinary proceedings, prior
to a finding of probable cause, as provided in section seven of
this article shall be held in closed sessions, unless the party
subject to discipline requests that the hearing be held in public
sessions. All discussions or meetings of the board concerning
personnel matters shall be held in closed session.
(h) Effective July 1, 2013, the board shall develop guidelines
and an approved list of medications that pharmacists may prescribe
without a lawful order of a practitioner.
NOTE: The purpose of this bill is to require the Board of
Pharmacy to adopt guidelines to permit pharmacists to prescribe
medications; and develop an approved list of those medications.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would