W. Va. Code R. § 15-20-8

Current through Register Vol. XLI, No. 25, June 21, 2024
Section 15-20-8 - Dispensing of donated drugs
8.1. Donated drugs may only be dispensed to eligible patients pursuant to a valid prescription order.
8.2. A donated drug repository program shall dispense donated prescription drugs in compliance with federal and state laws and regulations for dispensing prescription drugs, including but not limited to all requirements relating to packaging, labeling, record keeping, drug utilization review, and patient counseling. The eligible patient will be counseled and sign an acknowledgement that the drug was donated.
8.3. Donated drugs may not be resold and shall be considered nonsalable. However, reimbursement for any handling fee does not constitute reselling. A donated drug repository program may charge the eligible recipient a handling fee not to exceed the reasonable costs of participating in the program including, but not limited to, the current and anticipated costs of educating eligible donors, providing technical support to participating donors, shipping and handling, labor, storage, licensing, utilities, advertising, technology, supplies, and equipment.
8.4. The fees charged, and costs listed in 15 CSR 20-8.3 shall be included in the audit information made available to the Board.
8.5. Nothing in the preceding paragraph limits an eligible recipient from charging fees, including, but not limited to, a usual and customary charge, to donors, eligible recipients, health plans, pharmacy benefit managers, and other entities.

W. Va. Code R. § 15-20-8