(a) In accordance with article five, chapter thirty of this code, the Board of Pharmacy may suspend, revoke or refuse to renew any license issued to a wholesale distributor of prescription drugs pursuant to this article or may impose a civil money penalty not to exceed $1,000, in the discretion of the board for any of the following causes:
(1) Making any false material statements in an application for a license or for renewal of a license as a wholesale distributor or pharmacy distributor of prescription drugs;
(2) Violating any federal, state or local drug law, any provision of this article or any rule of the board;
(3) Conviction of a felony. For purposes of this subdivision "felony" means a felony or crime punishable as a felony under the laws of this state, any other state or the United States;
(4) Ceasing to satisfy the qualifications for licensure under section seven of this article or the rules of the board;
(5) The license or registration of a wholesale drug distributor licensed under this article has been revoked by the licensing authority of another state, jurisdiction of foreign nation; or
(6) Any reason for which the board may impose disciplinary sanctions under the provisions of chapter thirty of this code.
(b) Upon the suspension or revocation of the license of any wholesale distributor of prescription drugs, the distributor shall immediately surrender the license to the board.
(c) If the board suspends, revokes or refuses to renew any license issued to a wholesale distributor of prescription drugs and
determines that there is clear and convincing evidence of a danger
of immediate and serious harm to any person, the board may place
under seal all drugs owned by or in the possession, custody or
control of the affected wholesale distributor. Except as provided
in this article, the board may not dispose of the drugs sealed
under this subsection until the distributor exhausts all of his or
her appeal rights under this article or article five, chapter
thirty of this code. The court involved in the appeal may order
the board, during the pendency of the appeal, to sell sealed
dangerous drugs that are perishable. The board shall deposit the
proceeds of the sale with the court.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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