H. B. 2432

                        (By Delegates Ellington, Householder, Arvon, Howell and Stansbury)

                        [Introduced January 27, 2015; referred to the

                        Committee on Health and Human Resources then Government Organization.]

A BILL to amend and reenact §30-5-9 of the Code of West Virginia,1931, as amended, relating to the licensure requirements to practice pharmacist care.

Be it enacted by the Legislature of West Virginia:

            That §30-5-9 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.

§30-5-9. Qualifications for licensure as pharmacist.

            (a) To be eligible for a license to practice pharmacist care under the provisions of this article, the applicant shall:

            (1) Submit a written application to the board;

            (2) Be eighteen years of age or older;

            (3) Pay all applicable fees;

            (4) Graduate from an accredited school of pharmacy;

            (5) Complete at least fifteen hundred hours of internship in a pharmacy under the instruction and supervision of a pharmacist;

            (6) Pass an examination or examinations approved by the board;

            (7) Not be an alcohol or drug abuser, as these terms are defined in section eleven, article one-a, chapter twenty-seven of this code: Provided, That an applicant in an active recovery process, which may, in the discretion of the board, be evidenced by participation in a twelve-step program or other similar group or process, may be considered;

            (8) Present to the board satisfactory evidence that he or she is a person of good moral character, has not been convicted of a felony involving controlled substances or violent crime;

            (9) not been convicted in any jurisdiction of a felony or any crime which bears a rational nexus to the individual's ability to practice pharmacist care: Provided, That an applicant with a felony conviction may apply to the board for licensure no sooner than five years after the date of the conviction. The board shall evaluate each applicant on a case by case basis; and

            (10) (9) Has fulfilled any other requirement specified by the board in rule.

            (b) An applicant from another jurisdiction shall comply with all the requirements of this article.

            NOTE: The purpose of this bill is to permit the Board of Pharmacy to decide whether a person with a felony is qualified for licensure on a case by case basis.

            Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.