Introduced Version Senate Bill 485 History

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Senate Bill No. 485

(By Senators Prezioso and Unger)


[Introduced March 8, 2005; referred to the Committee

on Health and Human Resources; and then 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 the Board of Pharmacy powers and duties; empowering the Board of Pharmacy to grant a waiver or variance of all or part of a rule; and empowering the Board of Pharmacy to waive rules for up to twelve months for approved pilot or demonstration projects.

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:

§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 of five practicing pharmacists and two public members, who shall be 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 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 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 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) Each member of the Board shall receive two hundred dollars for each day spent in attending to the duties of the Board or of its committees, and 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 date this section takes effect 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 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.
(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:
(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;
(6) Upon a showing that substantially equal protection of health, safety and welfare will be afforded by a means other than that prescribed in the particular rule without undue hardship or upon a showing that compliance with the particular rule would be unnecessarily and unreasonably costly and would serve no public benefit, grant a waiver of, or variance from, all or part of a rule: Provided, That no waiver or variance may be granted from a requirement imposed by statute: Provided, however, That any waiver or variance must be consistent with state and federal statutes and pursuant to rules proposed by the Board for legislative approval in accordance with the provisions of article three, chapter twenty- nine-a of this code establishing the procedure for requesting a waiver or variance and the applicability of a Board ruling; and
(7) For approved pilot or demonstration projects involving new and better methods or concepts involving the ethical practice of pharmacy, waive rules for up to twelve months: Provided, That project waiver requests shall be submitted to the Board in detail by the pharmacist-in-charge of the pharmacy in which the project is to be implemented and no plan or project may be approved by the Board if the project might jeopardize public health or welfare: Provided, however, That inspectors of the Board shall monitor all projects and the pharmacist-in-charge shall make written reports monthly to the Board on the progress and objective results, and on or before the completion date of the project waiver, the Board shall review the project results and either make appropriate legislative change recommendations or require termination of the project: Provided further, That the Board may rescind approval and terminate the project at any time it considers the public interest is not fully protected.
(f) A majority of the membership of the Board constitutes 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 authorize the Board of Pharmacy to grant a waiver or variance of all or part of a rule, and to empower the Board to approve pilot or demonstration projects.

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