Current through Register Vol. XLI, No. 24, June 14, 2024
Section 15-1-3 - General Provisions3.1. Officers of the Board. - The members of the board shall annually elect as officers of the Board one (1) member to serve as President of the Board, one (1) to serve as Vice-president and one (1) to serve as Secretary, all to serve a one (1) year term or until their successors are elected. The election is to be held in June each year.3.2. Official Seal - The Board hereby reaffirms and readopts, as the official seal of the Board the following: The outer circle of the seal has inscribed in it 'West Virginia Board of Pharmacy'; and the inner circle of the seal consists of a base upon which rests a graduate entwined about which there is an Aesculapius serpent and holding in balance a set of scales, an impression of which is affixed to it.3.3. Disposition of moneys; report to auditor. - The Secretary shall receive and account for, all moneys derived by virtue of the provisions of W.Va. Code §§ 30-1-1 et. seq. and 30-5-1 et. seq., and shall pay such moneys into the State Treasury monthly on or before the tenth day of each month in which the monies are received.3.4. Record of proceedings; registration of applicant; certified copies of records prima facie evidence, report to governor. - The Secretary of the Board shall keep a record of its proceedings and a register of all applicants for license or registration, showing for each, the date of his or her application, name, age, educational and other qualifications, place of residence, whether an examination was required, whether the applicant was rejected or a certificate of licensure or registration granted, the license or registration number, if required, and any suspension or revocation of any license or registration. The books and register of the Board shall be open to public inspection at all reasonable times, and the books and register, or a copy of any part of them, certified by the Secretary and attested by the seal of the Board, is prima facie evidence of all matters recorded by the Board.3.5. Roster of licensed or registered persons. - The Secretary shall prepare and maintain a complete roster of all persons, granted a board authorization, alphabetically and by class or type and by whether within or without the state.3.6. Power of Inspection and Investigation - The authorized agents of the Board may inspect and investigate in a lawful manner and during regular business hours all places or persons holding a board authorization. The investigation may include, but not be limited to, all inventories, invoices for prescription drugs, selling prices, and other records required by law, acts of individuals and facilities, but shall not extend to financial data or sales data other than shipment data or pricing data; unless the owner, operator or agent in charge of the controlled premises consents in writing. The board authorization holder shall allow access to selling prices only when needed for a specific investigation or inquiry by the Board regarding a particular drug.3.7. During the course of any inspection or investigation by an agent of the Board the agent may temporarily close any holder of a board authorization upon the discovery of any of the following: 3.7.1. the ability of the pharmacist to practice pharmacist care with reasonable skill, competency, or safety to the public is impaired because the board authorization holder's cognitive, interpersonal, or psychomotor skills are affected by psychiatric, psychological, or emotional problems, or excessive alcohol or drug use or addiction; or3.7.2. the absence of valid board authorization issued by the Board or by the absence of an available pharmacist to be on duty.3.8. When a board authorization holder is closed under subsection 3.7.1 of this section they shall remain closed until an unimpaired pharmacist arrives on the premises or when a board authorization holder is closed under subsection 3.7.2 of this section, the permittee shall remain closed until a valid permit is obtained and on display as required by law.3.9. Agents of the Board when acting in good faith and without malice are immune from individual civil liability while acting within the scope of their duties as such agents of the Board.