W. Va. Code R. § 15-15-7

Current through Register Vol. XLI, No. 25, June 21, 2024
Section 15-15-7 - Professional Work Environment
7.1 A pharmacist, pharmacy intern, and pharmacy technician who works eight continuous hours or longer per day shall take, at a minimum, one thirty-minute uninterrupted meal break during that work period. If such a pharmacist, pharmacy intern, or pharmacy technician is required to work twelve continuous hours per twenty-four hours, at a minimum, the individual qualifies for an additional twenty-minute break. A pharmacist, pharmacy intern, or pharmacy technician, who is entitled to take such breaks shall not be required to work more than five continuous hours, excluding a twenty-minute break, before being given the opportunity to take a thirty-minute uninterrupted meal break.
7.2 A pharmacy shall not require a pharmacist, pharmacy intern, or pharmacy technician to work longer than twelve continuous hours per twenty-four-hour period, inclusive of the required breaks under 7.1.
7.3 A pharmacy shall keep and maintain a complete and accurate record showing its pharmacists' daily break periods.
7.4 In the case of an emergency, as deemed by the professional judgement of the pharmacist, a pharmacist, pharmacy intern, or pharmacy technician may work longer than twelve continuous hours, work without taking meal breaks, or have a break interrupted in order to minimize immediate health risks for patients. The pharmacist must document and date the amount of time worked beyond the twelve hours limit or breaks missed along with the reason and make it available to the Board.
7.5 The pharmacist-in-charge or designee shall determine the work schedule for pharmacy technicians based upon prior dispensing records. The pharmacist shall ensure adequate staffing levels based on prior dispensing records and patient care tasks. The pharmacist-in-charge shall have final approval of the work schedule. Any decision overriding such control of the PIC may be grounds for disciplinary action against the pharmacy permit.
7.6 The pharmacist on duty or the pharmacy registrant shall notify the pharmacist-in-charge via telephone, e-mail, or text message whenever a prescription error, loss of drugs, or a violation of any statute or rule occurs and the pharmacist-in-charge is not present.
7.7 A pharmacy shall not use advertisements or make solicitations that may jeopardize the health, safety, or welfare of patients, including, but not limited to, the use of advertisements or solicitations that:
7.7.1 Are false, fraudulent, deceptive, or misleading;
7.7.2 Include any claim regarding a professional service or product or the cost or price thereof that cannot be substantiated by the licensee.
7.8 A pharmacy shall not require a pharmacist to participate in the use or distribution of advertisements.
7.9. A pharmacy shall provide a working environment for all pharmacy personnel that protects the health, safety, and welfare of a patient, which includes, but is not limited to:
7.9.1 employing sufficient personnel to prevent fatigue, distraction or other conditions that interfere with a pharmacist's ability to practice with competency and safety or creates an environment that jeopardizes patient care as determined by the pharmacist-in-charge or pharmacists based on prior dispensing records and current patient care responsibilities;
7.9.2 Providing appropriate opportunities for uninterrupted rest periods and meal breaks;
7.9.3 Providing adequate time for a pharmacist to complete professional duties and responsibilities, including but not limited to:
7.9.3.a. drug utilization review;
7.9.3.b. immunization;
7.9.3.c. counseling;
7.9.3.d. verification of the accuracy of a prescription;
7.9.3.e. all other duties and responsibilities of a pharmacist as listed in the rules of the Board.

W. Va. Code R. § 15-15-7