Senate Bill No. 24
(By Senator Foster)
[Introduced January 13, 2010; referred to the Committee on Health
and Human Resources; and then to the Committee on the Judiciary.]
A BILL to amend and reenact §30-5-14 of the Code of West Virginia,
1931, as amended, relating to the registration and permits for
operation of pharmacies; and forbidding the sale of tobacco
products in licensed pharmacies.
Be it enacted by the Legislature of West Virginia:
That §30-5-14 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 5. PHARMACISTS, PHARMACY TECHNICIANS, PHARMACY INTERNS
§30-5-14. Pharmacies to be registered; permit to operate; fees;
pharmacist to conduct business.
(a) The Board of Pharmacy shall require and provide for the
annual registration of every pharmacy doing business in this state,
including an ambulatory health care facility, as that term is
defined in section one, article five-b, chapter sixteen of this code, who offers pharmaceutical care, and a facility operated to
provide health care or mental health care services free of charge
or at a reduced rate and who operates charitable clinic pharmacy.
Any person, firm, corporation or partnership desiring to operate,
maintain, open or establish a pharmacy in this state shall apply to
the Board of Pharmacy for a permit to do so. The application for
such permit shall be made on a form prescribed and furnished by the
Board of Pharmacy, which, when properly executed, shall indicate
the owner, manager, trustee, lessee, receiver or other person or
persons desiring such permit, as well as the location of such
pharmacy, including street and number, and any other information as
the Board of Pharmacy may require. If it is desired to operate,
maintain, open or establish more than one pharmacy, separate
application shall be made and separate permits or licenses shall be
issued for each.
(b) Every initial application for a permit shall be
accompanied by the required fee of $150. The fee for renewal of
such permit or license shall be $100 annually.
(c) If an application is approved, the Secretary of the Board
of Pharmacy shall issue to the applicant a permit or license for
each pharmacy for which application is made. Permits or licenses
issued under this section shall not be transferable and shall
expire on June 30 of each calendar year and if application for
renewal of permit or license is not made on or before that date, or a new one granted on August 1 following, the old permit or license
shall lapse and become
void and shall require an
inspection of the pharmacy and a fee of $150 plus $150 for the
(d) Every place of business so registered shall employ a
pharmacist in charge and operate in compliance with the general
provisions governing the practice of pharmacy and the operation of
The provisions of
This section shall have no application
to the sale of nonprescription drugs which are not required to be
dispensed pursuant to a practitioner's prescription.
(f) After June 30, 2011, no entity holding a permit or license
to operate a pharmacy under this section may sell any tobacco
products. For the purposes of this section "tobacco products"
means cigars, cigarettes, cigarette paper, chewing tobacco, snuff,
bidis, tobacco of any other description or any of the products made
from tobacco. If "tobacco products" are sold by any entity holding
a permit or license to operate a pharmacy under this section, the
renewal of such permit or license to operate a pharmacy is
NOTE: The purpose of this bill is to forbid the sale of
tobacco products in licensed pharmacies.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would