Current through Register Vol. XLI, No. 25, June 21, 2024
Section 15-8-4 - Information To Be Transmitted Within 24 Hours4.1. The information may be transmitted at any time, but shall be transmitted at least within twenty-four hours of the dispensing. If the dispensing is done by mail or other postal, courier, or logistics services such as United Parcel Service or Federal Express, then the information shall be submitted at least within forty-eight hours of the time the dispensing is placed in the mail for delivery. If a reporter is closed for a holiday, or week-end day, the reporter shall make the required report as soon as is practicable upon reopening, or within forty-eight hours, whichever occurs first. If there are no dispensings of any Schedule II, III, IV, or V controlled substances, drug of concern, or opioid antagonists, then the reporter shall submit a daily "zero" report If there are no such dispensings within up to seven days of the last report, the reporter may submit a weekly "zero" report no later than seven days after the last date and time reported on the previous report. If a reporter is unable to make the required reporting in a timely manner due to an emergency, the reporter shall inform the board of the emergency and provide the board with information on when the reporter believes it will return to full compliance. Such notification may be taken into consideration by any agency, licensing board, or court, when determining if the reporter is in compliance with reporting requirements of West Virginia Code § 60A-9-3 and section three of this rule, and any penalties that may attach for any violation thereof.4.2. If a reporter does not possess for the purpose of dispensing any Schedule II, III, IV, or V controlled substances, drug of concern, or opioid antagonists, the dispenser may notify the board in writing by requesting a waiver from reporting on a form supplied by the board. If the waiver is granted by the board, the reporter is not required to submit a zero report unless and until the reporter possesses a Schedule II, III, IV, or V controlled substance or opioid antagonist for the purpose of dispensing.