medicines, cosmetics; distribution of legend drugs;
regulations as to sanitation and equipment; penalties;
revocation of permit.
(a) No drugs or medicines, or toilet articles, dentifrices, or cosmetics, shall be manufactured, made, produced, packed, packaged or prepared within the state, except under the personal supervision of a pharmacist or such other person as may be approved by the board of pharmacy, after an investigation and determination by the board that they are qualified by scientific or technical training and/or experience to perform such duties of supervision as may be necessary to protect the public health and safety.
(b) No person shall manufacture, make, produce, pack, package or prepare any such articles without first obtaining a permit to do so from the board of pharmacy. The permit shall be subject to such rules with respect to sanitation and/or equipment, as the board of pharmacy may from time to time adopt for the protection of the public health and safety.
(c) Any person, firm, corporation, partnership, company, cooperative society or organization who offers for sale, sells, offers or exposes for sale through the method of distribution any legend drugs shall be subject to this article.
(d) The application for any permit required by this section shall be made on a form to be prescribed and furnished by the board of pharmacy and shall be accompanied by the following fees: For a distributor, one hundred fifty dollars, for a manufacturer, five hundred dollars, which amounts shall also be paid as the fees for each annual renewal of such permits. Separate applications shall be made and separate permits issued for each separate place of manufacture, distribution, making, producing, packing, packaging or preparation.
(e) The following fees shall be charged for a permit to handle controlled substances: For a hospital or clinic, fifty dollars; for extended care facilities, twenty-five dollars; for a nursing home, twenty-five dollars; for a teaching institution, twenty-five dollars; for a researcher, twenty-five dollars; for a medical examiner, twenty-five dollars; and for a pharmacy or drugstore, fifteen dollars, which amounts shall also be paid for each annual renewal of such permits.
(f) Permits issued under the provisions of this section shall be posted in a conspicuous place in the factory or place for which issued; such permits shall not be transferable, and shall expire on the thirtieth day of June following the day of issue and shall be renewed annually. Nothing in this section shall be construed to apply to those operating registered pharmacies.
(g) Any person, firm, corporation, partnership, company, cooperative society or organization violating any of the provisions of this section and any permittee hereunder who shall violate any of the conditions of this permit or any of the rules adopted by the board of pharmacy shall, upon conviction, be deemed guilty of a misdemeanor and fined not more than fifty dollars for each offense. Each and every day such violation continues shall constitute a separate and distinct offense. Upon conviction of a permittee, his permit shall also immediately be revoked and become null and void.
(h) Any person, firm, corporation, partnership, company, cooperative society, organization or any permittee who is convicted of two or more successive violations of the provisions of this section or of the rules adopted by the board of pharmacy shall at the discretion of the board of pharmacy have such permit permanently revoked, and the board of pharmacy shall refuse to issue further permits to such person, firm, corporation, partnership, company, cooperative society, organization or permittee.
Note: WV Code updated with legislation passed through the 2012 1st Special Session