West Virginia Code of State Rules
Agency 11 - Medicine
Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE
Series 11-05 - Dispensing of Prescription Drugs by Practitioners
Section 11-5-5 - General Practice Requirements Applicable to All Drug Dispensing Practitioners

Universal Citation: 11 WV Code of State Rules 11-5-5

Current through Register Vol. XLI, No. 38, September 20, 2024

5.1. A drug dispensing practitioner may not fill prescriptions written by other practitioners.

5.2. A drug dispensing practitioner may only dispense or administer prescription drugs to a patient under the practitioner's care in the course of his or her professional practice.

5.3. The sale at retail of prescription drugs by dispensing practitioners is prohibited.

5.4. A legible notice, no smaller than 8 1/2" by 11", shall be posted in a conspicuous place in every office of where a drug dispensing practitioner engages in dispensing. The notice must include: "Every patient has the right to receive a written prescription as an alternative to having prescription medications dispensed to you by your physician, podiatric physician or physician assistant."

5.5. A drug dispensing practitioner may administer those drugs to a patient under his or her care, which are, in the practitioner's medical judgment, therapeutically beneficial or necessary for the patient's treatment and in keeping with approved use of the medication.

5.6 A drug dispensing practitioner shall comply with all appropriate record keeping requirements applicable to the drugs administered. A practitioner must assure compliance with the record keeping requirements by persons acting under his or her direction and supervision.

5.7. Prior to dispensing a prescription drug to a patient, a drug dispensing practitioner shall offer to provide a written prescription to the patient, which the patient may elect to have filled by the practitioner or by any licensed pharmacy of the patient's choice.

5.8. The dispensing of prescription drugs shall be the personal act of the drug dispensing practitioner to a patient under his or her care. A drug dispensing practitioner may not delegate any aspect of dispensing prescription drugs which requires the utilization of the knowledge, judgment, ability or skill of a drug dispensing practitioner.

5.9. Drug dispensing practitioners may make reasonable charges for their services, including reasonable charges for any prescription drugs they dispense. If a drug dispensing practitioner charges for dispensing prescription drugs, a charge for prescription drugs shall be separately listed on the patient's bill, and the patient shall be informed of the separate charge for said prescription drug prior to the medication being dispensed by the practitioner.

5.10. When a patient receives a generic drug product from a dispensing practitioner, the patient shall be informed that a generic drug product is being dispensed.

5.11. Except as otherwise limited by state or federal law, a drug dispensing practitioner may dispense amounts of drugs as the provider determines is sufficient to a patient's course of treatment. A drug dispensing practitioner may not dispense a quantity or classification of prescription drugs which exceeds the quantity or classification that the practitioner is authorized by law to prescribe.

5.12. Prior to dispensing a prescription drug, a dispensing practitioner shall discuss with the patient matters pertaining to the drug, why the dispensing practitioner has prescribed the drug, contraindications to the drug's use, and he or she shall provide the patient with an opportunity to ask questions regarding the drug, any side effects and/or the directions for usage.

5.13. A drug dispensing practitioner must clearly document in the patient's medical record when a prescription drug is dispensed or administered to a patient. The documentation must include:

5.13.a. The date the prescription drug was dispensed or administered;

5.13.b. The name of the prescription drug which was dispensed or administered;

5.13.c. The quantity and/or dose of prescription drug dispensed or administered; and

5.13.d. The basis or reason the prescription drug was prescribed, dispensed or administered.

5.14. Dispensing practitioners are prohibited from:

5.14.a. Dispensing or administering any unit or quantity of a prescription drug which has exceeded its expiration or beyond use date; and

5.14.b. Dispensing any unit or quantity of a prescription drug which will exceed its expiration or beyond use date prior to the end user's reasonable use of the dispensed quantity.

5.15. A dispensing practitioner shall ensure that expired prescription drugs are promptly removed from his or her prescription drug office use and dispensing inventory.

5.16. Practitioner disposal of expired or unwanted controlled substances in the practitioner's office use or dispensing inventory shall comport with the requirements of 21 C.F.R. § 1317.05(a), and any other applicable state or federal requirements for the documentation and disposal of controlled substances.

Disclaimer: These regulations may not be the most recent version. West Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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