H. B. 4509
(By Delegates Perdue, Border and Michael)
[Introduced February 17, 2004; referred to the
Committee on Health and Human Resources then the Judiciary.]
A BILL to amend the code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §30-5-26, relating
generally to prescriptions; prohibiting anyone except a
dispensing physician or a licensed pharmacy from acting as a
pick-up or drop-off point or intermediary for filling or
delivering prescriptions; limiting prescription transmissions
to only the prescribing practitioner or the patient's relative
or caretaker; and providing for a penalty.
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 §30-5-26, to read as
follows:
ARTICLE 5. PHARMACISTS, PHARMACY TECHNICIANS, PHARMACY INTERNS
AND PHARMACIES.
§30-5-26. Limitations on filling or delivering prescriptions; limitations on transmitting prescription information;
penalty.
No person, firm or business establishment, other than a
dispensing physician or a pharmacy licensed by the West Virginia
board of pharmacy, may serve as a pick-up station, drop-off point
or intermediary for the purpose of having prescriptions filled or
delivered. No person, firm or business establishment may transmit
prescription information to a pharmacy on behalf of a patient
except for the office or facility of the prescribing practitioner
or the patient's relative or caretaker.
Any person who violates this section is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not less
than two hundred fifty dollars nor more than one thousand dollars,
or confined in the county or regional jail not to exceed six
months, or both fined and imprisoned.
NOTE: The purpose of this bill is to prohibit anyone except
a dispensing physician or a licensed pharmacy from acting as a
pick-up or drop-off point or intermediary for filling or delivering
prescriptions; to limit prescription transmissions to only the
prescribing practitioner or the patient's relative or caretaker;
and to provide for a penalty.
This section is new; therefore, strike-throughs and
underscoring have been omitted.