Current through Register Vol. XLI, No. 25, June 21, 2024
Section 15-13-4 - Controlled Substances Restricted; Prescriptions to qualified patients4.1. A charitable clinic pharmacy shall not purchase, possess, trade, distribute, or dispense controlled substances.4.2. Patient Dispensing. Prescriptions filled in a charitable clinic pharmacy may only be dispensed to qualified patients of that pharmacy on lawful orders or prescriptions of practitioners authorized by law to prescribe or administer said drugs.4.2.1. All prescriptions filled by the charitable clinic pharmacy must be checked by a pharmacist or a prescribing practitioner licensed as such in the State of West Virginia prior to being dispensed; Provided That any prescribing practitioner licensed in this State may access the charitable clinic pharmacy to fill, check, or dispense prescriptions when no pharmacist is present, provided that he or she insures proper labeling and documentation of the dispensing.4.2.2. Any other rule notwithstanding, in the absence of a pharmacist, a prescribing practitioner who is licensed in the State of West Virginia may also supervise the work of pharmacy technicians within the pharmacy, so that they may continue to work during that period of time.4.2.3. Any other rule notwithstanding, if there is no pharmacist or prescribing practitioner who is licensed in the State of West Virginia present to supervise the pharmacy technicians, the pharmacy technicians may continue to process and fill prescriptions, and perform all other duties which may be performed by a pharmacy technician, for up to two hours during the charitable clinic pharmacy's regular hours of operation provided that no actual dispensing may occur until the prescriptions filled are checked in accordance with subsection 4.2.1 above.4.3. The charitable clinic pharmacy may not charge any fee for dispensing prescription drug samples or prescription legend drugs to qualified patients of the charitable clinic pharmacy. However, this rule does not prevent a charitable clinic or charitable clinic pharmacy from requesting voluntary donations from its patients who receive prescriptions, provided that a sign is posted in a conspicuous location where it can be seen by all patients stating that a donation is not required to receive prescription drugs.4.4. Any other rule notwithstanding, a charitable clinic pharmacy may allow completed prescription orders to be dispensed to its patients by permitting a pharmacy technician or other licensed health care provider working on behalf of the charitable clinic to transport the completed prescription to another remote clinic operated by the charitable clinic, Provided That: 4.4.1. the completed prescriptions are kept in a locked tote or other such storage container and remain in the possession of the licensed health care provider until such time as they are actually dispensed directly to the patient or someone picking up on behalf of the patient;4.4.2. the completed prescriptions are accompanied by a manifest indicating the contents of the tote at the time they leave the pharmacy;4.4.3. the patient or person picking up the prescription on behalf of the patient signs for receipt of the prescription; and4.4.4. any prescriptions which are not dispensed at the remote clinic site are returned in the locked tote to the charitable clinic pharmacy, along with the manifest, by a licensed health care provider working on behalf of the charitable clinic, and are reconciled by the pharmacy.4.5. Charitable clinic pharmacies are exempt from the restrictions in Section 15-1.19.10 insofar as the charitable clinic pharmacy may provide prescription blanks imprinted with its name for prescribers working in the clinic to write prescriptions to be filled at the charitable clinic pharmacy.