Enrolled Committee Substitute
House Bill 3056 History
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Key: Green = existing Code. Red = new code to be enacted
ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 3056
(By Delegates
Perdue, Marshall, Evans,
Fleischauer, Guthrie, Staggers and Eldridge
)
[Passed March 6, 2008; in effect ninety days from passage.]
AN ACT to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §30-5-30, relating to
authorization for pharmacists to administer immunizations,
setting forth limitations on those immunizations as to type of
immunizations and age of the recipient; establishing training
requirements, establishing reporting requirements; providing
rule making authority and requiring annual reporting to the
West Virginia Board of Pharmacy.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §30-5-30, to read as
follows:
ARTICLE 5. PHARMACISTS, PHARMACY TECHNICIANS, PHARMACY INTERNS
AND PHARMACIES.
§30-5-30. Administration of immunizations.
(a) A pharmacist licensed under the provisions of this article and meeting the requirements of this section may administer
immunizations for the following to any person eighteen years of age
or older: Influenza and Pneumonia.
(b) The Board of Pharmacy with the advice of the Board of
Medicine and the Board of Osteopathy shall propose rules for
legislative approval in accordance with the provisions of article
three, chapter twenty-nine-a of this code to effectuate the
provisions of this section. These rules shall provide, at a
minimum, for the following:
(1) Establishment of a course, or provide a list of approved
courses, in immunization administration. The courses must be based
on the standards established for such courses by the Centers for
Disease Control and Prevention in the public health service of the
United States Department of Health and Human Services;
(2) Definitive treatment guidelines which shall include, but
not be limited to, appropriate observation for an adverse reaction
of an individual following an immunization;
(3) Prior to administration of immunizations, a pharmacist
shall have completed a board approved immunization administration
course and completed an American Red Cross or American Heart
Association basic life-support training, and maintain certification
in the same.
(4) Continuing education requirements for this area of
practice;
(5) Reporting requirements for pharmacists administering
immunizations to report to the primary care physician or other licensed health care provider as identified by the person receiving
the immunization;
(6) Reporting requirements for pharmacists administering
immunizations to report to the West Virginia Statewide Immunization
Information (WVSII);
(7) That a pharmacist may not delegate the authority to
administer immunizations to any other person; and
(8) Any other provisions necessary to implement the provisions
of this section.
(c) The Board of Pharmacy, the Board of Medicine and the Board
of Osteopathy may propose joint rules for legislative approval in
accordance with the provisions of article three, chapter twenty-
nine-a of this code to permit pharmacists licensed under the
provisions of this article to administer other immunizations such
as Hepatitis A, Hepatitis B, Herpes Zoster and Tetanus.
These
rules, if promulgated, shall provide at a minimum the same
provisions contained in subsections (b)(1) through (b)(8) of this
section.
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