W. Va. Code R. § 15-1-6

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

Section 15-1-6 - Transfer of Prescription Drugs

6.1. No prescription drug may be transferred except by the following methods:

6.1.1. Transfer of drugs without prescription.

6.1.1.a. Prescription drugs without a prescription may be transferred only to a permittee or practitioner and the transaction shall be recorded and the gross dollar value of the transfers shall not exceed five percent (5%) of the total prescription drug sales revenue of either the transferor or the transferee pharmacy during any twelve (12) consecutive month period.

6.1.1.b. The record showing transfers of prescription drugs without a prescription shall contain:

6.1.1.b.1. the name of the drug and its quantity;

6.1.1.b.2. the date of transaction;

6.1.1.b.3. the permittee or practitioner to whom the prescription drug was transferred; and

6.1.1.b.4. the selling price.

6.1.1.c. The record of the transfer shall be kept in the pharmacy and be immediately accessible within one year from the date of transfer, and available within seventy-two (72) hours if between one year and five years from the date of transfer.

6.1.1.d. Any pharmacy with transfers of prescription drugs that exceed the five percent restriction set forth in paragraph 9.6.1.1a of this section shall obtain a permit to be a wholesaler. Intracompany sales and transfers of drugs by a retail pharmacy to another retail pharmacy to alleviate a temporary shortage shall not be included in calculation of the drug sales revenue.

6.1.2. Transfer of drugs with a Prescription.

6.1.2.a. Prescription drugs transferred by a practitioner's prescription order are dispensed. A prescription shall contain at least the following elements:

6.1.2.a.1. The patient's name and address and the date the prescription is written, Provided that, if the prescription is for expedited partner therapy as permitted by West Virginia Code Chapter 16, Article 4F, then the words "Expedited Partner Therapy" or the designation "EPT" may be written for the name of the patient;

6.1.2.a.2. The drug's name and quantity; and

6.1.2.a.3. Directions for use.

6.1.2.a.3.A. If the prescription is written on a practitioner's date prescription blank, the order shall contain the following:

6.1.2.a.3.A.1. The practitioner's printed name, address, professional designation and practitioner identifier number; and

6.1.2.a.3.A.2. The practitioner's signature.

6.1.2.a.3.B. If the prescription is written on an institutional prescription blank, the order shall contain the following:

6.1.2.a.3.B.1. The printed name of the practitioner and DEA number with suffix; and

6.1.2.a.3.B.2. The practitioner's signature.

6.1.2.a.3.C. No sticker or other substance shall be allowed to obliterate or cover any of the information required by this subdivision.

6.2. Samples

6.2.1. Pharmacies may not sell, purchase, or trade or offer to sell, purchase, or trade any prescription drug sample.

W. Va. Code R. § 15-1-6