(1) As a prescription drug, pursuant to a prescription issued by a veterinarian or physician licensed within the state; or
(2) To a person who is actively engaged in the legal practice of animal husbandry of livestock.
(b) Prescriptions issued under this section:
(1) Shall provide for a specified number of refills;
(2) May be issued by any means authorized by the Board of Pharmacy; and
(3) May be filled by a person other than the veterinarian or physician issuing the prescription.
(c) A person offering iodine matrix for sale:
(1) Shall store the iodine matrix so that the public does not have access to the iodine matrix without the direct assistance or intervention of a retail employee;
(2) Shall keep a record, which may consist of sales receipts of each person purchasing iodine matrix; and
(3) Shall, if necessary to ascertain the identity of the purchaser, ask for proof of identification from the purchaser.
(d) A person engaging in a regulated transaction pursuant to the provisions of subsection (a) of this section shall not possess with intent to distribute or distribute an iodine matrix to a person who:
(1) Does not present a prescription or is not engaged in animal husbandry, as required under subsection (a) of this section; or
(2) Is not excepted under subsection (h) of this section.
(e) Any person who violates subsection (d) of this section is guilty of a misdemeanor and, upon conviction, shall be fined not more than ten thousand dollars.
(f) A person shall not:
(1) Possess iodine crystals and/or an iodine matrix without proof of obtaining the crystals and/or solution in compliance with subsection (a) of this section; or
(2) Possess with intent to distribute or distribute iodine crystals and/or an iodine matrix in violation of subsection (a) of this section.
(g) Any person who violates subsection (f) of this section is guilty of a misdemeanor and, upon conviction, shall be fined not more than ten thousand dollars.
(h) The provisions of subdivision (1), subsection (f) of this section do not apply to:
(1) A public or private regularly established primary or secondary school or a public or private institution of higher education that is accredited by a regional or national accrediting agency recognized by the United States Department of Education;
(2) A veterinarian licensed to practice pursuant to the provisions of article ten, chapter thirty of this code;
(3) A health care facility; or
(4) A veterinarian, physician, pharmacist, retail distributor, wholesaler, manufacturer, warehouseman or common carrier, or an agent of any of these persons, who possesses an iodine matrix in the regular course of lawful business activities.
(5) The transfer or receipt of any betadine or povidone solution with an iodine content not exceeding ten percent in containers of eight ounces or less, or any tincture of iodine not exceeding two percent in containers of one ounce or less that is sold over the counter and is employed solely for its intended common household use.
(i) As used in this section, "iodine matrix" means iodine at a concentration greater than two percent, by weight, in a matrix or solution.
Note: WV Code updated with legislation passed through the 2012 1st Special Session