W. Va. Code R. § 15-1-15

Current through Register Vol. XLI, No. 24, June 14, 2024

Section 15-1-15 - Rules of Professional Conduct

15.1. Statement of purpose

15.1.1. The practice of pharmacy is a profession dedicated to the service of public health which requires knowledge, skill and integrity. The practice of pharmacy is restricted to persons who possess special education and qualifications and licenses to practice pharmacy. The pharmacist recognizes his or her responsibility to the public in providing pharmacist care, providing safe storage and handling of drugs, in dispensing drugs and devices and the dissemination of information on drugs and devices to other health care specialists. For these reasons he or she is obligated to the highest standards of professional conduct.

15.1.2. In order that the citizens of West Virginia shall receive the best possible pharmacist care, and that the public health, welfare and safety be fully protected, the following rules of professional conduct shall be followed at all times.

15.2. Freedom of practice.

15.2.1. No person practicing pharmacist care shall engage in conduct, in the practice of pharmacy or the operation of a pharmacy, which tends to reduce the public confidence in the ability and integrity of the profession of pharmacy, or endangers the public health, safety and welfare; nor shall he or she interfere in the provision of pharmacist care or offer pharmaceutical services under any terms or conditions which tend to impair the free and complete exercise of the professional skill and judgment of another pharmacist. A person practicing pharmacist care shall at all times practice his or her profession in conformity with federal and state laws and regulations and the rules of this Board.

15.2.2. Every pharmacist, pharmacy intern, and pharmacy technician, when practicing the profession of pharmacy, shall provide pharmacist care as defined in this rule.

15.3. Uncertain Prescription orders.

15.3.1. No pharmacist, pharmacy intern, or pharmacy technician shall compound or dispense any prescription order which, in his or her judgment and/or professional opinion, contains any error, irregularity or ambiguity. The pharmacist shall hold a conference with the prescriber before dispensing, if there is any doubt that the prescription order is not legal or correct or issued for a legitimate medical purpose.

15.4. Professional services - It is the duty of a practicing pharmacist to make his or her professional services available to the public. Every licensed pharmacy, except for a nuclear pharmacy, shall provide pharmacist care, including the compounding and dispensing of all prescription orders which may reasonably be expected to be compounded or dispensed by pharmacists.

15.5. Confidential information.

15.5.1. No person practicing pharmacist care shall exhibit, discuss or reveal any patient-specific confidential information as defined in this rule with any person other than:

15.5.1.a. Agents of the Board engaged in the performance of their official duties;

15.5.1.b. Another pharmacist or pharmacy technician when necessary;

15.5.1.c. The patient or his or her authorized representative;

15.5.1.d. The prescriber or other members of the health care team treating the patient; or

15.5.1.e. Any person authorized by law to receive the information.

15.6. Diagnosis or treatment - No pharmacist, pharmacy intern, or pharmacy technician shall attempt to diagnose any disease, illness or organic disorder. This does not preclude evaluation of a patient after a diagnosis is made by a practitioner. A pharmacist may advise individuals on the merits and quality of over-the-counter (OTC) products.

15.7. Coded prescription orders - No pharmacist, pharmacy intern, or pharmacy technician shall dispense any prescription order which is coded. A "coded" prescription order is one which bears letters, numbers, words, or symbols, or any other device used in lieu of the name, quantity, strength and directions for use, other than those normal letters, numbers, words or symbols recognized by the profession of pharmacy as a means of conveying information by prescription order.

15.8. False or misleading advertising - No pharmacist, pharmacy intern, pharmacy technician, or pharmacy shall make, permit to be made, conduct or otherwise participate in any false, misleading or fraudulent advertising.

15.9. Promotion of and reliability of drugs.

15.9.1. No person practicing pharmacist care shall promote to the public by any means a controlled substance or any other drug which may only be dispensed pursuant to a prescription order, which tends to cause the drugs to be used in excess of the requirements established in a legitimate physician-patient-pharmacist relationship.

15.9.2. No pharmacist or pharmacy intern shall purchase, accept, compound or dispense any medicinal preparation, whether by prescription order or otherwise which in his or her professional judgment is not therapeutically reliable.

15.10. Prescription order forms - No pharmacist or pharmacy shall provide any practitioner with prescription orders forms imprinted with any reference to a pharmacy or pharmacist.

15.11 Place of practice - No place of practice or location shall be maintained to dispense prescription orders other than a pharmacy for which a permit has been issued by the Board.

15.12. Physician agreements - No pharmacist or pharmacy shall enter into or engage in any agreement or arrangement with any practitioner which may tend to exploit the patient, nor shall he or she enter into an agreement of any kind where in any way a patient's free choice of pharmacist or pharmacy is limited in any manner.

15.13. Duties and responsibilities - It is the duty and responsibility of the pharmacist in every pharmacy to perform, at the minimum, the following duties:

15.13.1. To accept all new prescription orders from authorized prescribers transmitted by oral communication, immediately reduce them to writing and document the prescription by entering on the prescription order form:

15.13.1.a. the name of the caller;

15.13.1.b. the time and date of transmission; and

15.13.1.c. the hand-written initials of the receiver.

15.13.2. To dispense, deliver, or distribute a prescription drug order accurately as prescribed. For the purposes of this paragraph "accurately as prescribed" means:

15.13.2.a. To the correct patient (or agent of the patient) for whom the drug or devise was prescribed;

15.13.2.b. with the correct drug in the correct strength, quantity, and dosage form ordered by the practitioner, unless converting a prescription order in accordance with W. Va. Code § 30-5-35; a pharmacist may substitute a generic drug pursuant to W. Va. Code § 30-5-12b; and

15.13.2.c. With correct labeling (including directions for use) as ordered by the practitioner;

15.13.3. To ensure that his or her initials are on all prescription labels dispensed while he or she is on duty, whether prepared by him or her or prepared by a pharmacy technician under his or her supervision;

15.13.4. To ensure that his or her initials are on all prescription order forms dispensed while he or she is on duty, whether prepared by him or her or prepared by a pharmacy technician under his or her supervision;

15.13.5. To possess a list of the drugs which may be prescribed by a physician's assistant with prescriptive privileges and also to possess prescriptive authority of nurse practitioners prior to dispensing prescription orders from those prescribers;

15.13.6. To counsel or inform patients about their drugs, which may include supplemental media according to the pharmacist's professional judgment, to the patient, care giver, or agent. An offer to counsel shall be made by the pharmacist or designee in an oral communication with the patient, care giver or agent who presents a new prescription order, unless in the professional judgment of the pharmacist it is permissible for the offer to counsel to be made in a written communication, by telephone, in person, or in a manner determined by the pharmacist to be appropriate. The exercise of and reasons for this judgment shall be documented including the hand-written pharmacist's initials. An offer to counsel has not been made by a mere question of whether the patient has any questions.

15.13.6.a. In those cases, when the offer to counsel, as described in this subsection, has been accepted, a pharmacist who provides pharmacist care to patients shall discuss with the patient or care giver or agent who presents a new prescription order, any matter which in the exercise of the pharmacist's professional judgment he or she considers significant, which may or may not include the following:

15.13.6.a.1. The name of and a description of the medication;

15.13.6.a.2. the dosage form, route of administration, degree, and duration of drug therapy;

15.13.6.a.3. Special directions and precautions for preparation, administration, and use by the patient;

15.13.6.a.4. Common severe side or adverse effects or interactions and therapeutic contraindications that may be encountered, including their avoidance and the actions required if they occur;

15.13.6.a.5. Techniques for self-monitoring drug therapy;

15.13.6.a.6. Proper storage and handling;

15.13.6.a.7. Prescription refill information; and

15.13.6.a.8. Any action to take in the event of a missed dose.

15.13.6.b. Nothing in this sub-section requires a pharmacist to provide consultation if the patient, care giver, or agent does not accept the offer to counsel. If counseling is refused it shall be documented, followed by the initials of the recording pharmacist. Patient counseling is not required for inpatients of a hospital or institution where other licensed health care workers are authorized to administer the drugs;

15.13.7. To make a reasonable effort to obtain, record, and maintain at least the following information at the individual pharmacy:

15.13.7.a. The patients name, address, telephone number, date of birth or age, and gender;

15.13.7.b. The patient's individual history including disease states, known allergies and drug reactions, and a comprehensive list of medications and relevant devices; and

15.13.7.c. The pharmacist's comments regarding the patient's therapy;

15.13.8. To perform all of the functions in this section;

15.13.9. To adequately supervise all pharmacy interns, registered pharmacy technicians and pharmacy technician trainees; and

15.13.10. To perform any other functions of any nature or kind which:

15.13.10.a. Require the knowledge, ability or skill of a licensed pharmacist and

15.13.10.b. Attempt to improve the therapeutic outcome to the patient of the pharmacist care provided by the pharmacist.

15.14. Violation of the rules of professional conduct.

15.14.1. The rules of professional conduct in this section are intended to govern all pharmacists, pharmacy interns, pharmacy technicians, and pharmacies licensed or registered by the Board and improve the pharmacist care provided to the citizens of West Virginia.

15.14.2. The violation of the provisions of this section by a licensed pharmacist, pharmacy intern, pharmacy technician, or person with a permit to operate a pharmacy may result in disciplinary action. To the extent not otherwise provided, pharmacy interns and pharmacy technicians must comply with the requirements of subsection 19.15.13 of this section to the extent permitted by his or her scope of practice.

15.14.3. Any pharmacist who knowingly accepts and continues employment with any permittee who violates the rules of the Board is guilty of a violation of the rule the same as if he or she had personally engaged in the violation.

15.15. Publication and posting of rules - The Board shall make a copy of the Rules of Professional Conduct in this section available to every pharmacy and pharmacist licensed by the Board. Every pharmacy shall visibly post a copy of the rules in the prescription area.

W. Va. Code R. § 15-1-15