Current through Register Vol. XLI, No. 25, June 21, 2024
Section 15-13-2 - Definitions2.1. The following terms and phrases as used in this Rule shall have the following meanings: 2.1.1. "Charitable clinic pharmacy" means a clinic or facility organized as a not-for-profit corporation that offers pharmaceutical care and dispenses prescriptions free of charge to appropriately screened and qualified patients. A charitable clinic pharmacy shall meet the minimum standards for a pharmacy as set forth in W. Va. Code § 30-5-1, et seq., and by this rule, but may not be charged any applicable licensing fees. A charitable clinic pharmacy may have pharmacists-in-charge, as that term is defined in this section, who volunteers his or her services. A charitable clinic may also receive donated drugs. It is not the intent of this rule to affect any organizations which are merely operating a prescribing practitioner's or clinic's free sample drug room.2.1.2. "Charitable organization" means an organization which operates a clinic or facility organized as a not-for-profit corporation which is qualified as a charitable organization pursuant to Section 501(c)(3) of the Internal Revenue Code, or its successor.2.1.3. "Legend drug sample" for purposes of this Series means an unopened package of a manufacturers legend drug product that has been distributed to either a practitioner or the charitable clinic pharmacy in accordance with the provisions of the Prescription Drug Marketing Act of 1987, 21 U.S.C. §301 et seq, or its successor.2.1.4. "Qualified patient" means a patient of the charitable clinic pharmacy that has been screened and approved by the charitable organization as meeting the organization's mission of providing pharmaceutical care to those who are without sufficient funds to obtain needed legend drugs. The requirements and screening process employed by the charitable organization must be in accordance with the "Guidelines" and other program requirements developed by the West Virginia Department of Health and Human Resources, Office of Community Health Systems, Division of Primary Care, for eligibility to receive funding as a "Free Clinic" for "Uncompensated Care and Equipment and Capital Costs Funding".