H. B. 4569
(By Delegates Stephens, Hatfield, Long and Mahan)
[Introduced February 14, 2008; referred to the
Committee on Government Organization.]
A BILL to amend and reenact §30-5-2 of the Code of West Virginia,
1931, as amended, relating to limiting members of the Board of
Pharmacy to two full terms.
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
AND PHARMACIES.
§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 is continued.
It consists of five practicing pharmacists and two public members, who
shall be are 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 requires 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 is required to 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 are required to 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 pharmacy.
(c)
The compensation for each member of the board
shall
receive is two hundred dollars for each day spent in attending to
the duties of the board or of its committees.
and Each member 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
effective date
of the amendments made to this section
takes effect in two thousand
eight, 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 are
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 the first day of July, one thousand nine hundred
ninety-five, are eligible for reappointment to additional terms
regardless of the length of time they have previously served on the
board. Members, including those in office on the effective date
of the amendments made to this section during two thousand eight,
may not be reappointed if they have served two full terms.
(e) The board, in addition to the authority, powers and duties
granted
to the board by this chapter and chapter sixteen of this
code,
shall have the authority to may:
(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 is
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.
NOTE: The purpose of this bill is to limit members of the
Board of Pharmacy to two full terms.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.