Informational Fax 5/15/2018 - Current Topics

Informational Fax 5/15/2018


West Virginia Board of Pharmacy

2310 Kanawha Boulevard East

Charleston, WV 25311

(304) 558-0558

An information FAX for WV pharmacies from the Chief Compliance Officer

   1.    One of the most significant actions the West Virginia Legislature undertook during the 2018 Regular Session was the enactment of The Chronic Pain Clinic Licensing Act of 2018 which will take effect on June 7, 2018. This Act has far reaching limitations on the prescribing of opioid drugs. Pharmacists need to be fully aware of the restrictions it places on most all medical and dental providers. Those limitations are too many to try and list in a one-page fax, but they can be found in the section §16-54-4. Opioid prescription limitations outlined in the code titled:



Below is a link that you can use to find and download a copy of this law:

(You might also find the law by googling WV SB 273 of 2018)

   2.    Additional action by the Legislature places gabapentin in the list of Schedule V Controlled Drugs and now requires ALL Schedule V drugs to be reported to the monitoring program.

   3.    A PDF version of the WVBOP Law & Rule Book is now available on the Board website and may be downloaded for your personal use. It may be found by pointing at the LAWS tab on the  upper right-hand corner of the Home Page and then clicking on Most Recent Law Editions. The 2018 edition includes actions taking by the Legislature this year. If you have an up to date version of Adobe Reader you should be able to search the book for answers by using key words. Please be advised that your pharmacy must also have a printed copy of the most recent published version (currently 2017).

   4.    The DEA has won a case in court and CBD Oil (which may contain up to 15% CBD) is now considered a Schedule I drug and should not be stocked or sold in a pharmacy. Hemp Oil or Hempseed oil, which is an extract of hemp seeds, contains less than 25 parts per million CBD may be sold in West Virginia at present.

   5.    The WVBOP Legislative Rules committee is working on changes in the Rules to permit the employment of non-registered cashiers in the pharmacy area. That change has been submitted to the Legislature but probably will not be approved until the 2019 session.

   6.    Effective today, May 7, 2018, the medical license of Stephen Scott Brown, M.D. was revoked by the West Virginia Board of Medicine.  Accordingly, Dr. Brown is no longer authorized to prescribe.  Effective at 11:59 p.m. today, May 7, 2018, the podiatric license of Steven Scott Melek, D.P.M. will be suspended by the West Virginia Board of Medicine.  Please be advised that while his license is suspended, Dr. Melek is not authorized to prescribe. 

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