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- 4/22/2024
2023 Surveillance Maps
The WV Violence and Injury Prevention Program (VIPP) received Centers for Disease Control and Prevention (CDC) funding through the Overdose Data to Action (OD2A) cooperative agreement in 2023. An activity under this grant is to improve PDMP infrastructure or information systems to support proactive reporting and data analysis, including enhancing reporting systems to increase frequency and quality of reporting. The VIPP is able to achieve the goal of this activity through collaboration with the West Virginia Board of Pharmacy (BOP), which houses the Controlled Substance Monitoring Program (CSMP). The CDC provided specific indicators to measure opioid prescribing behaviors during the previous cooperative agreement (PDO-PfS) which continue to be used in the state. The BOP and VIPP were interested in modifying these indicators to establish state-specific measures. The results of this analysis were obtained using 2023 CSMP data.
West Virginia County Prescription Data Reports
The West Virginia Board of Pharmacy, in collaboration with the West Virginia Violence and Injury Prevention Program (WV VIPP) and the West Virginia University Injury Control Research Center (ICRC), under the direction of the Centers for Disease Control and Prevention (CDC), are working to address prescription drug misuse, diversion, and overdose within the state of West Virginia. Prescription drug overdose continues to be a major issue in West Virginia. To help combat this epidemic, CDC provided specific indicators to identify high-risk areas within the state to allow for intervention and community education. The Executive summary and county specific details for these indicators are available at the following links:
The link to both can be found below:
https://dhhr.wv.gov/vip/county-reports/Pages/2023-CSMP-Surveillance-Reports.aspx - 4/3/2024
Due to power outage issues the WVBOP office will not be open today, April 3, 2024. The office will not be available by phone. All online submissions, applications and emails will continue to be processed by available staff working from home.We apologize for any inconvenience. We will reopen when the power is back on. - 3/24/2024
The 2023 Legislature passed a law that will be implemented this renewal cycle (2024) for pharmacists regarding the Drug Diversion Continuing Education (CE) requirement. - 5/2/2023
The West Virginia Board of Pharmacy (Board) staff has received inquiries concerning the compounding of semaglutide. This topic has become very prominent across the nation, as the medication has gained notoriety for various reasons. Semaglutide is, of course, a commercially available drug product marketed as Ozempic™ for treating diabetes and as Wegovy™ for weight loss. The Board of Pharmacy in both Mississippi and North Carolina have already issued statements, and the Boards of Pharmacy in other states appear ready to make similar statements. - 4/21/2023
The West Virginia Board of Pharmacy (Board) staff has received inquiries concerning the
compounding of semaglutide. This topic has become very prominent across the nation, as the
medication has gained notoriety for various reasons. Semaglutide is, of course, a commercially
available drug product marketed as OzempicTM for treating diabetes and as WegovyTM for weight loss. The Board of Pharmacy in both Mississippi and North Carolina have already issued statements, and the Boards of Pharmacy in other states appear ready to make similar statements.
The federal Food Drug & Cosmetic Act prohibits pharmacies from compounding “drug
products that are essentially copies of a commercially available drug product.” In general, compounding pharmacies may not compound semaglutide, a commercially available drug product. - 4/20/2023
After the FDA updated the Emergency Use Authorization for the mRNA COVID-19 bivalent vaccines, the CDC issued new, simplified recommendations yesterday and effective now. Their complete guidance can be found here. The CDC is working to update the Interim COVID-19 Clinical Considerations and this will be updated as soon as possible. We will add them and a link to the WV BOP FAQ section as soon as they are available. See below for a summary of the new guidelines. - 3/27/2023
Pharmacies and pharmacists are receiving calls from individuals claiming to be employees of the WV Board of Pharmacy (caller ID indicates the Board's phone number). The WV Board of Pharmacy would NOT and is not making these calls and would not be requesting your wholesaler account numbers. - 10/3/2022
The WVBOP is currently in the process of relocating to a new office. During this time there will be periods of unavailability. The WVBOP phones will be down for a period of time. We are still processing online applications and submissions as normal and we can be reached by email during this phone down time. Please use the WVBOP email address below for any questions/inquiries/communications.
boardofpharmacy@wv.gov - 9/3/2022
On September 1, 2022, the Centers for Disease Control (CDC) endorsed the CDC Advisory Committee on Immunization Practices’ (ACIP) recommendations for use of updated COVID-19 boosters from Pfizer-BioNTech for people ages 12 years and older and from Moderna for people ages 18 years and older. The vaccines can now be administered to qualifying patients under the FDA issued Emergency Use Authorization (EUA). - 5/31/2022
Currently the WV BOP internet and phones are down. - 5/20/2022
WV immunization law allows vaccines to be provided that follow the CDC’s recommended immunization schedule for adults, children, and adolescents (§15-12-3. Immunizations). This is to notify you that the CDC has updated these recommendations related to COVID-19 vaccinations.
The FDA has authorized, Advisory Committee on Immunization Practices has met and recommended and the CDC has concurred with the recommendation to expand booster eligibility for ages 5-11 years and strengthen some recommendations. - 5/16/2022
New/Post Graduates Pharmacist Application Process - 5/13/2022
The WV BOP has been notified that numerous pharmacists has received calls that they are being investigated by the WV BOP. You would never be asked to provide social security numbers or pay fines to an investigator or inspector to avoid penalties and all of our officers can be will have identification. This unfortunately is a scam being perpetuated across the country. You may certainly call the Board if you have questions. - 3/29/2022
Today, the FDA authorized second booster doses of two COVID-19 vaccines for older and immunocompromised individuals and the CDC has updated its recommendations to allow certain immunocompromised individuals and people over age 50 who received an initial booster over 4 months ago to be eligible for another mRNA booster to increase their protection against severe COVID-19 disease. - 2/4/2022
Alert regarding New fraudulent rxs 2/4/2022 - 11/24/2021
CHARLESTON, W.Va. – The West Virginia Board of Pharmacy, with support from the West Virginia Department of Health and Human Resources’ Bureau for Public Health and partners from the Joint Interagency Task Force for Vaccines (JIATF), is working with Davis Brothers Pharmacy, a family-owned pharmacy with two locations in Hancock County, to connect patients to revaccination after the pharmacies administered overly-diluted doses of the Pfizer-BioNTech COVID-19 vaccines for individuals 12 years and older between April and November 2021. Other COVID-19 vaccines, pediatric Pfizer-BioNTech, Moderna, and Johnson & Johnson’s Janssen COVID-19 vaccines, were not affected by the dosing error. - 11/19/2021
Per the CDC
Everyone ages 18+ is eligible for a #COVID19 booster. - 11/6/2021
The Pfizer BioNTech Pediatric COVID-19 vaccine has been authroized for ages 5-11 years. This is a NEW DRUG and the adult (purple cap) cannot be used in this age group.. - 10/22/2021
Booster doses for all three COVID-19 vaccines have now been authorized for certain populations in the United States. - 9/22/2021
The CDC has finalized the Pfizer-BioNTech Booster recommendation for the following populations as long as they received the Pfizer-BioNTech initial primary dose series, are 6 months after its completion, AND are in the following populations: - 7/12/2021
WVBOP Launches Pharmacy Workload Survey ... The West Virginia Board of Pharmacy remains vigilant and concerned about the state of patient safety and pharmacist/pharmacy staff workload in WV. - 12/19/2020
I have a patient who comes in to pick up their controlled substance and the driver’s license is expired. Can the prescription medication be released?
Because a controlled substance prescription requires a valid government-issued identification, it is important for pharmacies to be aware of the action taken by the WV Division of Motor Vehicles.
The DMV is extending the expiration date of any driver’s license or instructional permit with March 1, 2020 or later, can be extended until March 31, 2021. Identification cards are included in the extension as well.
Utilize this “new” expiration date when assisting patients during this State of Emergency. - 8/28/2020
WV Board of Pharmacy
FAQ WV BOP for COVID-19 (updated 9/18/2020)
These waivers will CEASE to be in effect when the WV State of Emergency related to the COVID-19 pandemic ends.
Are the limitations on dispensing of hydroxychloroquine from March 2020 still in place?
No. The WV BOP has voted 8/25/2020 to rescind the Emergency Rule limiting the quantity allowed for hydroxychloroquine. The drug has been removed from the FDA Drug Shortage list. For information regarding the latest study results on the use of hydroxychloroquine in COVID-19 and other therapies being tested for its treatment, a summary table can be found for FREE at ASHP Assessment of Evidence for COVID-19-related Treatments.
Can a pharmacist provide emergency refills of a life sustaining medication?
Yes. This is current law and does not require a waiver. According to §30-5-36. Emergency prescriptions for life-sustaining medication. The pharmacist may provide a 30 day supply or standard unit of dispensing of life sustaining medication or therapy for a chronic condition under the stipulations of 30-5-36. Schedule III-V are limited to 72 hour supply. Details can be found on page 39 of the 2019 electronic WV law book.
If the patient has a prescription for 30 days with 2 RF, can this be converted to a 90 day supply?
Yes. This is current law and does not require a waiver. According to §30-5-35. Conversion of prescriptions authorizing refills. The pharmacist may convert a 30 day supply of medication with 2 refills remaining to a 90 day supply under the stipulations of 30-5-35. Details can be found on page 38 of the 2019 electronic WV law book.
Can my pharmacy use remote processing of prescriptions for social distancing?
Yes. Due to the WV State of Emergency, the WV BOP has adopted the following guidance to permit licensed pharmacy professionals (pharmacists, pharmacy interns, and pharmacy technicians/pharmacy technician trainees) to process prescriptions and medication orders from remote locations. This guidance is being adopted based on §15-14-4, §15-15-7.7, and §15-1-24.
For the purpose of this guidance, “remote processing” is defined as the processing of a medication order or prescription for a WV pharmacy from a location other than the physical licensed pharmacy.
An additional frequently asked questions document for this topic will be placed on the WV BOP Website ASAP.
For pharmacists, remote processing does not include the dispensing of a drug, but may include receiving, interpreting, evaluating, clarifying, and approval of medication orders and prescriptions. Additionally, remote processing may include order entry, other data entry, performing prospective drug utilization review, interpreting clinical data, insurance processing, performing therapeutic interventions, providing drug information services, and authorizing release of medication for administration. A pharmacist at all settings must hold the physical product in hand to do the physical product final check. This does not change current procedure at rural access facilities.
For pharmacy technicians, registered pharmacy technicians, technician trainees, and pharmacy interns, remote processing does not include the dispensing of a drug, but may include prescription or order entry, other data entry, insurance processing, and clarifying prescriptions and medication orders.
Provided that the pharmacies/pharmacists: have computer software and hardware that is adequate for the task being performed, steps are taken to safeguard protected health information and the Board is notified (approval not necessary).
Can I, as the pharmacist, permit a patient to get his/her controlled substance medication filled early?
Yes. WV law prohibits early refills on controlled substances no more than 3 days early per §15-2-8.15. Refilling of Schedule III or IV prescriptions. The WV BOP guidance is that the pharmacist may dispense the refill early using his or her professional judgement and shall document the reason for the early refill.
With exposure to COVID-19 and suspected illness, it is necessary for to exceed the pharmacy technician to pharmacist ratio. Is this at all possible?
Yes. Per §15-7-5.3. A ratio of no more than four pharmacy technicians and/or pharmacy technician trainees per on-duty pharmacist operating in any pharmacy shall be maintained. This ratio shall not include pharmacy interns. During the COVID-19 WV State of Emergency, only if exceeding the ratio is due to actual impact of COVID-19 virus directly on the pharmacy, facility or staff involved, the pharmacy may exceed the ratio of 4 to 1. If the pharmacy will exceed the ratio for more than 2 days, the Board must be notified at boardofpharmacy@wv.gov.
I am not currently licensed in WV, but I do hold a current, active, non-restricted license (pharmacist, technician, intern) in another state. Can I come to help in WV?
West Virginia Code 30-5-6(5) gives the Board the authority to “determine the qualifications of any applicant for a license, permit, and registration. The WV BOP will allow a pharmacist, pharmacy intern, or pharmacy technician to work in WV with a temporary permit.
The “temporary permit” is defined as a limited, legal authorization issued by the board to a pharmacist, pharmacy technician, or pharmacy intern in this state while serving under special circumstances of public need after having demonstrated he/she has identification to verify current unrestricted licensure in another state.
Passport as a pre-requisite for a temporary or emergency license
Pharmacists and Pharmacy Technicians who are seeking temporary or emergency license with West Virginia must first obtain an NABP Passport. The NABP Passport is a license verification process administered by the National Association of Boards of Pharmacy to assist in the COVID-19 pandemic response.
Individuals can obtain an NABP Passport by logging into their NABP e-Profile at https://dashboard.nabp.pharmacy/Login/Splash, clicking ‘customer’, then ‘my e-Profile’, and then click on the tile labeled: “NABP Passport/COVID-19 Emergency”. Please follow the “add a state” instructions on this page. Once complete, click submit.
Please note, your license information must be up to date including expiration date and license status. Licensure information will be reviewed and approved by NABP and will be sent to the Board for review and issuance of the temporary license. Individuals are only approved to practice after receipt of the state-issued temporary license. Licensees will also be notified on their e-Profile and via email.
Once you have received your NABP Passport approval, come back to the WV BOP website at https://www.wvbop.com/practitioners/temp/application/person.asp, complete the application information and upload your NABP Passport.
What should my pharmacy do if PPE is limited and we must do sterile compounding?
In anticipation of possible shortages of masks, USP supports appropriate risk-based enforcement discretion during the COVID-19 pandemic, in the interest of conserving garbing and personal protective equipment. FDA has also issued a statement regarding conservation strategies.
Therefore, pharmacists may implement a process for reusing masks in a manner that does not compromise the microbial state of control in cleanrooms. The user should visibly inspect the product prior to use and, if there are concerns (such as degraded materials or visible tears), discard the product.
• A policy and procedure should clearly indicate how an employee’s reused mask will be identified, stored, and under what conditions it may no longer be used.
• Garb (gowns and masks) for non-hazardous drug compounding may be reused in accordance with facility standard operating procedures. Gowns must be stored in a manner that minimizes contamination (e.g., away from sinks to avoid splashing).
• Soiled, contaminated, torn, or punctured garb must be changed immediately and not re-used.
• Be aware that counterfeit masks and gowns may be on the market, especially during this time of reduced supply.
• Weekly surface sampling inside ISO 5 space must be performed when garbing in a manner that is not consistent with USP requirements.
• Refer to:
CDC’s Interim Guidance on preventing COVID-19 from spreading, which includes Strategies for Optimizing the Supply of N95 Respirators https://www.cdc.gov/coronavirus/2019-ncov/hcp/respirators-strategy/
Healthcare Supply of Personal Protective Equipment and https://www.cdc.gov/coronavirus/2019-ncov/hcp/healthcare-supply-ppe-index.html
FDA’s Surgical Mask and Gown Conservation Strategies - Letter to Healthcare Providers at https://www.fda.gov/medical-devices/letters-health-care-providers/surgical-mask-and-gown-conservation-strategies-letter-healthcare-providers
USP Response to Shortages of Garb and Personal Protective Equipment (PPE) for Sterile Compounding During COVID-19 Pandemic https://www.usp.org/sites/default/files/usp/document/about/public-policy/usp-covid19-garb-and-ppe.pdf
An additional resource for information for up-to-date information on sterile compounding is the CriticalPoint Peer Network. We would suggest to subscribe to the Silver level which is free and you can see the latest webinars, recommendations and other material. This should be done ASAP because CriticalPoint will continually monitor the situation and make updates. https://peernetwork.criticalpoint.info/
What if my pharmacy is closed? Do I still need to submit CSMP reports?
Per §15-8-4.1 a pharmacy or dispenser of controlled substances is required to report a daily “zero” report if there are no dispensings. The WV BOP waive the requirement to submit reports of “zero” when the pharmacy is closed due to COVID-19 during the state of emergency. The notice that the pharmacy is closed will serve as the notice for this, also.
I am not going to have my 6 live continuing education hours required to renew my pharmacy license. What am I supposed to do?
Rule:
§15-3-4.3 Six (6) hours of the thirty (30) CPE hours required every two (2) years shall be obtained through a live presentation requiring the physical presence of the pharmacist at the CPE program.
§15-3-4.4 3 hrs Drug diversion requirement
§15-12-4.1.c basic life-support training for immunization renewal
The WV BOP anticipates completing online renewals as usual this renewal season. Because of the COVID-19 emergency pharmacists who have not met the 6 hours live CE requirement or 3 hour drug diversion requirement are expected to renew on time as usual, however, note that they are missing the live CE or drug diversion requirement. The WV BOP determined today to grant everyone missing those two requirements, OR the CPR immunization requirement, 90 days after the END of the WV State of Emergency to complete the necessary licensure requirements. It is vital that the renewal be completed on time for the waiver of live hours, drug diversion or CPR to be utilized. Failure to renew on time will result in the pharmacist license being inactive.
We have reached influenza vaccine season and my CPR card is expired, but there are no live classes being taught. What should I do?
The WV BOP determined at the beginning of the COVID-19 emergency to grant everyone missing those live CE, OR the CPR immunization requirement, 90 days after the END of the WV State of Emergency to complete the necessary licensure requirements. If you are going to be providing immunizations this fall, it is strongly recommended that you review the appropriate steps for CPR should you have an emergency and need to use the skill.
My pharmacy must close due to staffing issues and illness. What do I need to do?
Post notifications of the closure on the doors, website, social media, etc. In the event that a pharmacy must close due to illness or staff shortages, the pharmacy must notify the WV BOP within 48 hours at krista.d.capehart@wv.gov.
My pharmacy fills numerous prescriptions for Office-Based treatment Programs. Have there been any new rules for them?
Yes. These are posted on the WV BOP website at Opioid Treatment Program Providers Emergency Rule.
I have a patient who comes in to pick up their controlled substance and the driver’s license is expired. Can the prescription medication be released?
Because a controlled substance prescription requires a valid government-issued identification, it is important for pharmacies to be aware of the action taken by the WV Division of Motor Vehicles.
The DMV is extending the expiration date of any driver’s license, instructional permit, or vehicle registration with an expiration date in March or April of 2020 until September 30, 2020.
Utilize this “new” expiration date when assisting patients during this State of Emergency.
How should I keep my pharmacy staff and patients safe?
The WV BOP strongly recommends pharmacies implement strategies to ensure the safety of the pharmacy professionals and patients including the items listed below:
OSHA has provided recommendations specifically for retail pharmacies available here.
CDC Guidance for Pharmacies in community pharmacies is available here.
Remember: Governor Justice signed the statewide indoor face covering requirement to include that a face covering must be worn in all public indoor places where social distancing cannot be maintained. This does not apply to children under age 9 or anyone who has trouble breathing or otherwise is unable to remove the mask without assistance.
I have a patient requesting an immunization. Can I provide the immunization?
The CDC has provided updated Guidance on the provision of vaccination during a pandemic. This Guidance includes important information including recognizing that vaccination is an essential preventative care service during the pandemic, screening of patients for COVID-19 symptoms and defer vaccination if symptoms are present, the importance of personal protective equipment, and other considerations.
I heard about the US Dept of Health and Human Services has issues an order that allows pharmacists to vaccinate children ages 3 and up. Is this allowed in WV?
The WV BOP position statement is being sent out with this FAQ document regarding this question and can be found on the BOP website here.
I heard that there have been changes to Schedule II prescribing in WV. Can you summarize what those changes have been?
On March 31, 2020 Governor Justice waived the requirement that for chronic pain patients there must be an in-person physical examination every 90 days prior to prescribing a refill for a Schedule II opioid medication to an existing patient for chronic pain treatment (WV Code §16-54-4(h)) provided that the provider utilizes other appropriate tools to evaluate the patient at these intervals, and assesses whether continuing the course of treatment would be safe and effective for the patient.
On March 30, 3030 the DEA provided the Guidance allowing two exceptions enabling greater flexibility for oral Schedule II prescribing. However, because WV rules contain the same language, before the DEA exceptions could be enacted, WV emergency rules had to be filed permitting the same exceptions. The exceptions are to §15-1-17.1.6.c and §15-2-8.9.2 and are as follows:
8.9.2. In the case of an emergency situation, a practitioner may communicate a prescription for a Schedule II controlled substance orally or by way of electronic transmission other than electronic prescribing, provided that if the prescribing practitioner is not known to the pharmacist, the pharmacist shall make a reasonable effort to determine that the oral authorization came from a registered practitioner, which may include a call-back to the practitioner using the practitioner’s phone number as listed in the telephone directory and other good faith efforts to insure his or her identity; and:
8.9.2.a. the quantity prescribed and dispensed is limited to the amount adequate to treat the patient during the emergency period. Dispensing beyond the emergency period shall be pursuant to a prescription issued in the normal course of practice as authorized in subsection 8.9.1. of this rule.
8.9.2.b. the orally communicated prescription is immediately reduced to writing by the pharmacist, or, if necessary, the prescription communicated by way of electronic transmission other than electronic prescribing is immediately reduced to a hard copy;
8.9.2.c. within seven fifteen days after authorizing an emergency oral prescription, the practitioner delivers a valid paper or electronic prescription for the emergency quantity prescribed to the dispensing pharmacist. The practitioner may send the follow-up prescription to the pharmacy via facsimile, or take a photograph or scan of this follow-up prescription and send the photograph or scan to the pharmacy in place of the paper prescription. It is the responsibility of the practitioner to ensure that, whichever method the practitioner uses, the prescription contains all of the required information outlined in 21 CFR 1306.05 and 1306.11(d), including the statement that the prescription is “Authorization for Emergency Dispensing. The prescription shall have written on its face “Authorization for Emergency Dispensing” and the date of the orally or electronically transmitted prescription. The paper prescription may be delivered to the pharmacist in person or by mail, but if delivered by mail, it shall be postmarked within the seven fifteen day period; if sent by electronic prescription, it must be transmitted by the prescriber within the seven fifteen day period. Upon receipt, the dispensing pharmacist shall attach this written prescription to the emergency oral prescription which had earlier been reduced to writing or to the hard copy of the electronically transmitted prescription. The pharmacist shall notify the nearest office of the U.S. Drug Enforcement Administration and the Board if the prescribing practitioner fails to deliver a written prescription.
To summarize the changes now effective until the end of the State of Emergency:
The DEA reiterates that there is not a defined time for “amount adequate to treat the emergency.” Please see further discussion on the DEA Guidance.
The practitioner must speak to the pharmacist. This cannot be done via an agent of the physician. (See 8.9.2 above)
The pharmacist must get an “original” prescription within FIFTEEN days, instead of the original seven.
The “original” may come in one of four methods to be filed with the verbal prescription by the pharmacist: 1) paper prescription with a wet signature mailed within 15 days 2) sent via fax 3) sent as a photograph 4) sent as a scan
The prescribing practitioner is responsible for ensuring that all of the information is on the prescription, including “Authorization for Emergency Dispensing” and maintaining the original prescription.
An APRN has come into my pharmacy telling me that she has the ability to prescribe Schedule II medications. Is this permitted now?
Governor Justice has provided an Executive Order that permits the Board of Nursing, at their discretion, to temporarily suspend or modify the requirements for the authorization of prescriptive authority, prescriptive formulary limitations, prescriptive refill and supply limitations, and other prescriptive limitations.
Pursuant to the Governor’s Executive Order 17-20 permitting the West Virginia Board of Examiners for Registered Professional Nurses, in their discretion, to temporarily suspend or modify the requirements for the authorization for prescriptive authority, collaborative requirements for prescriptive authority, prescriptive formulary limitations, prescriptive refill and supply limitations, and other prescriptive limitations including continuing education and renewal requirements, contained in W. Va. Code §30-7-15a, §30-7-15b, §30-7-15c), the Board suspends and modifies the requirements as follows:
The advanced practice registered nurse shall practice in conformity with the advanced practice registered nurse’s education, training, and certification and in accord with the delineation of privileges granted to the advanced practice registered nurse by the hospital/facility to use the advanced practice registered nurse to the fullest extent possible.
For West Virginia APRNs, who have been approved to practice in West Virginia during the State of Emergency, the requirement for collaborative agreements with physicians for the prescribing of medications is suspended and automatically reinstated when the declared emergency is lifted.
For West Virginia APRNs with prescriptive authority, who have been approved to practice in West Virginia during the State of Emergency, Schedule II drugs of the Uniform Controlled Substances Act and antineoplastics, if the patient has been on these medications, are permitted to be refilled if the refill is required during the declared emergency. The prescribing physician’s name must be written on the prescription as well as the last date the prescription was filled. The Board of Pharmacy requests the name of practitioner and prescription number of the original prescription the APRN is refilling. They suggest notifying that practitioner as well. This authority has been implemented and remains in effect as of this update on September 18, 2020. The Board of Pharmacy will notify pharmacy registrants as soon as there is any change in this authority and the state of emergency ends.
For West Virginia APRNs with prescriptive authority, who have been approved to practice in West Virginia during the State of Emergency, the Drugs listed under Schedule III shall not be limited to a thirty day supply and are permitted to be refilled if the refill is required during the declared emergency.
How should we handle the certification of sterile compound areas and primary engineering controls (compounding hoods) during the COVID-19 pandemic?
The question has come up regarding the requirement of certification of sterile compounding areas and equipment when facilities are limiting access to outside vendors during the COVID-19 crisis. The Board will not require sterile compounding facilities to have their primary and secondary engineering controls recertified if they become due during the period of limiting outside exposure. However, we would expect the facilities to continue the required gloved fingertip and media fill testing. Also, if facilities have the means to incubate contact plates or paddles, surface sampling should be done weekly in the compounding rooms and primary engineering controls (hoods). All compounding staff must be cautioned that the need for impeccable aseptic technique is of paramount importance. Recertification may be rescheduled after the emergency status has been lifted; however, we know that there is the likelihood that a backlog will develop quickly. We will expect all facilities and PICs to do the best they can.
Is the WV BOP currently doing inspections?
Yes. The WV BOP has resumed regular inspections.
I saw the HHS announcement about pharmacists doing COVID-19 testing on 4/8/2020. Is this permissible in WV?
Questions regarding pharmacists doing COVID-19 testing can be found on the wvbop.com website here.
Where does the USP 800 enforcement stand with the WV BOP?
Because of significant shortages of PPE and construction limitations during COVID-10, the WV BOP has voted to delay enforcement of USP 900 standards until July 1, 2021.
Is there a new version of the WV Pharmacy Law Book?
Yes. The New 2020 WV Pharmacy Law Book is now available for free download at our website here.
Questions?
Pharmacists with immediate concerns or questions can contact the Director of Professional and Regulatory Affairs, Krista Capehart, at 304-206-5767.
- 8/28/2020
WV BOP Statement about the HHS declaration to allow pharmacists and pharmacy interns to order and administer ACIP-recommended vaccines to ages 3 years and up during COVID-19 State of Emergency. - 5/21/2020
Update on info related to RPh COVID-19 Testing - 3/30/2020
Advance Practice Registered Nurse (APRN or NP) Prescribing Authority in WV during COVID-19
Governor Jim Justice had issued an order expanding the prescriptive authority of NPs in WV on March 23, 2020. This order was rescinded on March 26, 2020. APRN prescriptive authority remains what is has been prior to the COVID-19 pandemic. The Executive Order from the Governor can be found at https://www.wvbop.com/www/download_resource.asp?id=294 and details are on the WV Board of Nursing at https://wvrnboard.wv.gov/Pages/COVID-19-Information.aspx.
§19-8-5. Drugs Excluded from Prescriptive Authority; Prescriptive Authority Requirements.
5.1. The advanced practice registered nurse shall not prescribe from the following categories of drugs:
5.1.a. Schedules I and II of the Uniform Controlled Substances Act;
5.1.b. Antineoplastics;
5.1.c. Radio-pharmaceuticals; or
5.1.d. General anesthetics.
5.1.e. Drugs listed under Schedule III are limited to a 30 day supply without refill. - 3/23/2020
West Virginia Board of Pharmacy Current COVID-19 Update 3-23-2020
In response to the national public health emergency associated with the COVID-19 virus, the WV BOP is issuing the following information and reminders. As this is a rapidly developing situation, additional information will be available on our website, www.wvbop.com, as it becomes available.
These waivers will CEASE to be in effect when the WV State of Emergency related to the COVID-19 pandemic ends.
This includes implementing safeguards to protect pharmacy professionals (pharmacists, interns, technician, and support personnel) and patients during a public health emergency. The WV BOP strongly recommends pharmacies implement strategies to ensure the safety of the pharmacy professionals and patients including the items listed below:
For pharmacies open to the public:
Develop a process for older adults (60+), pregnant women, and individuals with chronic health conditions to pick up medications without waiting in line (i.e. post signs directing to drive-thru, offer curb-side delivery, mail delivery, senior hours, etc.).
Implement infection control procedures, especially for waiting areas, to include the following:
Pharmacies with workspaces that currently allow patients to get closer than the minimum recommended distance of 3 feet should post signage or utilize other methods to ensure patients who are waiting are maintained at a safe distance. These measures could include physical barriers to maintain the safe-distance or floor markings indicating appropriate patient spacing.
Pharmacies may consider utilizing only drive-thru or curb-side drop-off and pick-up to minimize exposure and protect pharmacy staff and patients.
Pharmacy professionals who are older adults, pregnant women, or individuals with chronic health conditions should not be prohibited from wearing appropriate PPE to operate within a pharmacy.
Regularly clean and disinfect counters, credit/debit card devices, waiting areas, and other spaces where public interaction occurs with an EPA-approved disinfectant. Clean at least every hour or after every 10 patients, whichever is more frequent. If cleaning and disinfecting products are in short supply, consider utilizing the FDA guidance for compounding hand sanitizer on the WV BOP website.
If available, place alcohol-based hand sanitizer next to the checkout window so people can sanitize their hands after using common items, like the pen used to sign for prescriptions or devices used to process credit/debit card transactions. REMINDER: Manual signatures from patients are only required for controlled substance prescriptions.
Provide regular breaks for staff to engage in proper hand hygiene (i.e. routinely washing hands with soap and water for at least 20 seconds).
Monitor pharmacy staff for symptoms of respiratory illness, including any of the following:
Fever (NOTE: This does not require mandatory temperature checks. However, it is recommended that the staff member’s temperature be taken once per shift. A sample form is available on the WV BOP website.)
Cough; or
Shortness of breath.
Staff exhibiting or reporting any of these symptoms must be sent home.
Immunizations
Pharmacists and pharmacy interns shall no longer be permitted to administer immunizations or other injections without standard protective measures, which includes gloves and proper hand hygiene (i.e. routinely washing hands with soap and water for at least 20 seconds). Standard protective measures do not include the use of masks or gowns. Pharmacists should utilize professional judgement when determining appropriateness of giving a vaccine during the State of Emergency.
Pharmacists and pharmacy interns should not administer any immunizations or other injections to patients displaying or reporting symptoms of respiratory illness, including any of the following:
Fever (NOTE: This does not require mandatory temperature checks);
Cough; or
Shortness of breath.
PEIA UPDATES
PEIA has issued some new policies and updates related to telepharmacy, prior authorizations, and early refills. This document can be found on the WV BOP Website.
Out of State Pharmacy Staffing
The WV BOP is awaiting a technology update promised from NABP. We will place information on our website as soon as this process is in place for the Temporary permit process - 3/21/2020
West Virginia Board of Pharmacy Current COVID-19 Update 3-21-2020
In response to the national public health emergency associated with the COVID-19 virus, the WV BOP is issuing the following information and reminders. As this is a rapidly developing situation, additional information will be available on our website, www.wvbop.com, as it becomes available.
These waivers will CEASE to be in effect when the WV State of Emergency related to the COVID-19 pandemic ends.
New Temporary Rule Effective Immediately
The State of West Virginia is currently under a declared State of Emergency for the Covid-19 pandemic. The drugs chloroquine and hydroxychloroquine are thought to potentially be helpful in the treatment of Covid-19. These two drugs are also used in the treatment of other conditions unrelated to Covid-19.
Currently, both nationally and in West Virginia, some prescribers have begun writing prescriptions for these drugs for family, friends, and coworkers in anticipation of Covid-19 related illness. This is leading to a shortage of the drug both for patients prescribed the drug for issues unrelated to Covid-19 and potentially to individuals suffering from the effects of Covid-19.
In response to this issue, the West Virginia Board of Pharmacy proposed an emergency rule pursuant to its general rulemaking authority found in West Virginia Code§ 30-5-7, along with West Virginia Code §§ 29A-3-15 and 30-5-14. This rule seeks to ensure that these drugs are only dispensed to individuals currently in need of these drugs. The rule has been approved by the WV Secretary of State and is Effective 3/21/2020.
§ 15-1-26. Medication Limitations.
26.1 No prescription for chloroquine or hydroxychloroquine may be dispensed except if all the following apply:
26.1.a. The prescription bears a written diagnosis from the prescriber consistent with the evidence for its use;
26.1.b. The prescription is limited to no more than thirty (30) tablets, unless the patient was previously established on the medication prior to the effective date of this rule; and
26.1.c. No refills may be permitted unless a new prescription is furnished. This requirement does not apply to the patient previously established on the medication prior to the effective date of this rule.
The West Virginia Poison Center will be posting additional safety information on its Facebook Page.
WV DMV Regional Offices Closed
Because a controlled substance prescription requires a valid government-issued identification, it is important for pharmacies to be aware of the action taken by the WV Division of Motor Vehicles.
The DMV is extending the expiration date of any driver’s license, instructional permit, or vehicle registration with an expiration date in March or April of 2020 for three months from the date of expiration on the face of the document.
Utilize this “new” expiration date when assisting patients during this State of Emergency.
Guidance from SAMSHA COVID-19 Public Health Emergency Response and 42 CFR Part 2 Guidance
In response to the Novel Coronavirus Disease (COVID-19) pandemic, the Substance Abuse and Mental Health Services Administration (SAMHSA) is providing this guidance to ensure that substance use disorder treatment services are uninterrupted during this public health emergency. This is available at https://www.samhsa.gov/sites/default/files/covid-19-42-cfr-part-2-guidance-03192020.pdf. They emphasis that providers make their own determinations whether a bona fide medical emergency exists for purposes of providing needed treatment to patients. - 3/20/2020
COVID 19 Memo 3/20/2020
West Virginia Board of Pharmacy Current COVID-19 Update 3-20-2020
In response to the national public health emergency associated with the COVID-19 virus, the WV BOP is issuing the following information and reminders. As this is a rapidly developing situation, additional information will be available on our website, www.wvbop.com, as it becomes available.
These waivers will CEASE to be in effect when the WV State of Emergency related to the COVID-19 pandemic ends.
Remote Processing of Prescriptions for Social Distancing
Due to the WV State of Emergency, the WV BOP has adopted the following guidance to permit licensed pharmacy professionals (pharmacists, pharmacy interns, and pharmacy technicians/pharmacy technician trainees) to process prescriptions and medication orders from remote locations. This guidance is being adopted based on §15-14-4, §15-15-7.7, and §15-1-24.
For the purpose of this guidance, "remote processing" is defined as the processing of a medication order or prescription for a WV pharmacy from a location other than the physical licensed pharmacy.
An additional frequently asked questions document for this topic will be placed on the WV BOP Website ASAP.
For pharmacists, remote processing does not include the dispensing of a drug, but may include receiving, interpreting, evaluating, clarifying, and approval of medication orders and prescriptions. Additionally, remote processing may include order entry, other data entry, performing prospective drug utilization review, interpreting clinical data, insurance processing, performing therapeutic interventions, providing drug information services, and authorizing release of medication for administration. A pharmacist at all settings must hold the physical product in hand to do the physical product final check. This does not change current procedure at rural access facilities.
For pharmacy technicians, registered pharmacy technicians, technician trainees, and pharmacy interns, remote processing does not include the dispensing of a drug, but may include prescription or order entry, other data entry, insurance processing, and clarifying prescriptions and medication orders.
Provided that the pharmacies/pharmacists: have computer software and hardware that is adequate for the task being performed, steps are taken to safeguard protected health information and the Board is notified (approval not necessary).
Signature for Received Prescriptions
Signatures for the receipt of prescriptions is only required to pick up controlled medications in §60A-10-5.e.2 and with the purchase of pseudoephedrine (PSE) products in §15-11-3 and over-the-counter controls §15-13-4.4.3. Signatures are no longer required for the purchase of PSE or OTC controls. However, the PSE reporting requirements are still in effect.
The WV BOP has made a recommendation to the Governor’s office to ensure PBMs are not requiring patient signatures on non-controls at pick-up. The WV BOP will provide further information as it is available. Until such time, please utilize gloves, sanitizer, etc. to help minimize contact and ensure patient and pharmacy staff safety. At this time we have heard from Optum, ExpressScripts, and CMS indicating that they are willing to waive patient signatures as long as notation of the reason is made. However, check your other PBM contracts.
Early Refills for Controls
WV law prohibits early refills on controlled substances no more than 3 days early per §15-2-8.15. Refilling of Schedule III or IV prescriptions. The WV BOP guidance is that the pharmacist may dispense the refill early using his or her professional judgement and shall document the reason for the early refill.
Pharmacy Technician to Pharmacist Ratios
Per §15-7-5.3. A ratio of no more than four pharmacy technicians and/or pharmacy technician trainees per on-duty pharmacist operating in any pharmacy shall be maintained. This ratio shall not include pharmacy interns. During the COVID-19 WV State of Emergency, only if exceeding the ratio is due to actual impact of COVID-19 virus directly on the pharmacy, facility or staff involved, the pharmacy may exceed the ratio of 4 to 1. If the pharmacy will exceed the ratio for more than 2 days, the Board must be notified at boardofpharmacy@wv.gov.
Out of state pharmacy staffing
West Virginia Code 30-5-6(5) gives the Board the authority to "determine the qualifications of any applicant for a license, permit, and registration. The WV BOP will allow a pharmacist, pharmacy intern, or pharmacy technician to work in WV with a temporary permit.
The "temporary permit" is defined as a limited, legal authorization issued by the board to a pharmacist, pharmacy technician, or pharmacy intern in this state while serving under special circumstances of public need after having demonstrated he/she has identification to verify current unrestricted licensure in another state.
The process for utilizing the Temporary Permit will be available on the WV BOP website for pharmacists, pharmacy interns, and pharmacy technicians.
Conserving Personal Protective Equipment/Sterile Compounding
In anticipation of possible shortages of masks, USP supports appropriate risk-based enforcement discretion during the COVID-19 pandemic, in the interest of conserving garbing and personal protective equipment. FDA has also issued a statement regarding conservation strategies. Therefore, pharmacists may implement a process for reusing masks in a manner that does not compromise the microbial state of control in cleanrooms. The user should visibly inspect the product prior to use and, if there are concerns (such as degraded materials or visible tears), discard the product.
• A policy and procedure should clearly indicate how an employee’s reused mask will be identified, stored, and under what conditions it may no longer be used.
• Garb (gowns and masks) for non-hazardous drug compounding may be reused in accordance with facility standard operating procedures. Gowns must be stored in a manner that minimizes contamination (e.g., away from sinks to avoid splashing).
• Soiled, contaminated, torn, or punctured garb must be changed immediately and not re-used.
• Be aware that counterfeit masks and gowns may be on the market, especially during this time of reduced supply.
• Weekly surface sampling inside ISO 5 space must be performed when garbing in a manner that is not consistent with USP requirements.
• Refer to:
o CDC’s Interim Guidance on preventing COVID-19 from spreading, which includes Strategies for Optimizing the Supply of N95 Respirators https://www.cdc.gov/coronavirus/2019-ncov/hcp/respirators-strategy/
o Healthcare Supply of Personal Protective Equipment and https://www.cdc.gov/coronavirus/2019-ncov/hcp/healthcare-supply-ppe-index.html
o FDA’s Surgical Mask and Gown Conservation Strategies - Letter to Healthcare Providers at https://www.fda.gov/medical-devices/letters-health-care-providers/surgical-mask-and-gown-conservation-strategies-letter-healthcare-providers
An additional resource for information for up-to-date information on sterile compounding is the CriticalPoint Peer Network. We would suggest to subscribe to the Silver level which is free and you can see the latest webinars, recommendations and other material. This should be done ASAP because CriticalPoint will continually monitor the situation and make updates. https://peernetwork.criticalpoint.info/
Pharmacy Preparedness and Reducing Risks of Person-to-Person Transmission
ï‚· Have a handout of information available for patients on refill requests, emergency supplies, and other prescription medication information.
ï‚· Develop a process to care for high risk populations (elderly, pregnant, and those with chronic health conditions) so they can pick up medications without waiting in long, crowded lines.
　
ï‚· The Board recommends reworking workflows to minimize person-to-person transmission. These efforts could include having special times for high risk populations, signage to direct flow, moving of chairs in waiting areas, and utilization of curbside or drive-thru services.
ï‚· Implement appropriate infection control measure in the pharmacy:
o Maintain social distance: 3 feet from asymptomatic patients, 6 feet from those actively coughing
o Clean and disinfect counters and other spaces every hour or every 10 patients with appropriate disinfectant.
o Place alcohol-based hand sanitizer or gloves next to the checkout area like the pen where patients sign for prescriptions
ï‚· Develop an Emergency Response Plan for your pharmacy including monitoring staff for sickness, evaluating sick-leave policies, determining how staff absences will be handled and post-illness return to work policies.
Controlled Substance Monitoring Program Reporting
Per §15-8-4.1 a pharmacy or dispenser of controlled substances is required to report a daily "zero" report if there are no dispensings. The WV BOP waive the requirement to submit reports of "zero" when the pharmacy is closed due to COVID-19 during the state of emergency. The notice that the pharmacy is closed will serve as the notice for this, also.
Continuing Education
If you are unable to obtain the 6 required hours of live continuing education since all of the programs have been canceled due to COVID-19. How will I renew?
Rule:
1. §15-3-4.3 Six (6) hours of the thirty (30) CPE hours required every two (2) years shall be obtained through a live presentation requiring the physical presence of the pharmacist at the CPE program.
2. §15-3-4.4 3 hrs Drug diversion requirement
3. §15-12-4.1.c basic life-support training for immunization renewal
The WV BOP anticipates completing online renewals as usual this renewal season. Because of the COVID-19 emergency pharmacists who have not met the 6 hours live CE requirement or 3 hour drug diversion requirement are expected to renew on time as usual, however, note that they are missing the live CE or drug diversion requirement. The WV BOP determined today to grant everyone missing those two requirements, OR the CPR immunization requirement, 90 days after the END of the WV State of Emergency to complete the necessary licensure requirements. It is vital that the renewal be completed on time for the waiver of live hours, drug diversion or CPR to be utilized. Failure to renew on time will result in the pharmacist license being inactive.
Technician and technician trainees
Pharmacy technician trainees who have licenses that are expiring during the State of Emergency will be granted a blanket additional 90 day extension to complete the national exam because the testing centers have discontinued testing. He/she will receive an email from the Board notifying them of this information.
Pharmacy Emergency Closure
In the event that a pharmacy must close due to illness or staff shortages, the pharmacy must notify the WV BOP within 48 hours at krista.d.capehart@wv.gov.
SAMSHA and WV State Opioid Treatment Authority
WV Opioid Treatment Programs and Office-based Medication Assisted Therapy have provided additional waivers.
Pharmacists Willing to Help List
There has been interest in compiling a list of pharmacists and pharmacy technicians willing to help out in case of worker shortages. The link for signing up for this will be on the WV BOP Facebook page.
Questions?
Pharmacists with immediate concerns or questions can contact the Director of Professional and Regulatory Affairs, Krista Capehart, at 304-206-5767. - 3/20/2020
MAT Prescribing and Dispensing COVID Exceptions Federal Law - 3/20/2020
Opioid Treatment Program Providers Emergency Rule March 18 - 3/17/2020
In response to the national public health emergency associated with the COVID-19 virus, the WV BOP is issuing the following information and reminders. As this is a rapidly developing situation, additional information will be available on our website, www.wvbop.com, as it becomes available.
§30-5-36. Emergency prescriptions for life-sustaining medication
The pharmacist may provide a 30 day supply or standard unit of dispensing of life sustaining medication or therapy for a chronic condition under the stipulations of 30-5-36. Schedule III-V are limited to 72 hour supply. Details can be found on page 39 of the 2019 electronic WV law book.
§30-5-35. Conversion of prescriptions authorizing refills.
The pharmacist may convert a 30 day supply of medication with 2 refills remaining to a 90 day supply under the stipulations of 30-5-35. Details can be found on page 38 of the 2019 electronic WV law book.
Insurance related directive related to COVID-19 from the WV Insurance Commissioner
The WV Insurance Commissioner has issued Guidance in the form of an Insurance Bulletin answering many questions related to coverage surrounding needs related to COVID-19. This bulletin can be found at https://dhhr.wv.gov/Coronavirus%20Disease-COVID-19/Documents/West%20Virginia%20Insurance%20Bulletin%20No.%202020%20-%2001.pdf
Managing shortages of Personal Protective Equipment (PPE) needed for sterile compounding
The WV BOP recognizes that there may be shortages of PPE developing. At current time, waivers are not able to be granted because WV is in a State of Preparedness. Recommendations for handling the shortages of PPE are being updated and will be made available ASAP.
Pharmacy Emergency Closure
In the event that a pharmacy must close due to illness or staff shortages, the pharmacy must notify the WV BOP immediately via fax or email.
Pharmacy Preparedness
Have a handout of information available for patients on refill requests, emergency supplies, and other prescription medication information.
Develop a process to care for high risk populations (elderly, pregnant, and those with chronic health conditions) so they can pick up medications without waiting in long, crowded lines.
Implement appropriate infection control measure in the pharmacy:
Maintain social distance: 3 feet from asymptomatic patients,6 feet from those actively coughing
Clean and disinfect counters and other spaces every hour or every 10 patients with appropriate disinfectant.
Place alcohol-based hand sanitizer or gloves next to the checkout area like the pen where patients sign for prescriptions
Develop an Emergency Response Plan for your pharmacy including monitoring staff for sickness, evaluating sick-leave policies, determining how staff absences will be handled and post-illness return to work policies.
Continuing Pharmacist Education (CPE)
The WV BOP also realizes that as a result of the COVID-19 virus related cancellation of numerous meeting and training events, live CPE availability will be greatly reduced or unavailable. We will be reviewing those 6 hour requirements and will address the issue prior to the upcoming licensing cycle.
Pharmacists with immediate concerns or questions can contact the Director of Professional and Regulatory Affairs, Krista Capehart, at 304-206-5767. - 3/2/2020
2020 License Renewal Notice
Open renewal period will begin on May 1st and run through June 30th.
Per Rule §15-1-14.4.2 renewal forms must be RECEIVED in our office by June 15th in order to allow time to process by June 30th.
Any licensee not renewed by June 30th is not permitted to practice pharmacy in the state of West Virginia until their license has been renewed. There are no grace periods for expired registrations.
All renewal forms RECEIVED in our office after June 30th will be required to pay a late fee. Late renewal period will run from July 1st-August 31st.
If renewal form has not been RECEIVED by August 31st licensee must complete a reinstatement form to reactivate their license/registration.
Online Renewals:
Beginning May 1st online renewals can be completed on our website at www.wvbop.com.
Online renewals will be processed within 5-7 business days.
Online renewals are payable by credit/debit payments only.These payments will be subject to a 2.25% processing fee.
Licensees may check the status of their online renewal on our website’s renewal status page only.Status requests will not be accepted by phone unless applicant’s renewal was submitted over 2 weeks prior.
Paper Renewals:
If you wish to still submit a paper renewal you may print your renewal form from our website at https://www.wvbop.com/practitioners/resources.asp. Once completed you must mail your renewal to West Virginia Board of Pharmacy, 2310 Kanawha Blvd. E, Charleston, WV 25311.
Paper renewals will be processed within 2-3 weeks.
Paper renewals are payable to WVBOP by check or money order only.
Status requests will not be accepted by phone unless applicant’s renewal was submitted over 2 weeks prior.
If renewals are submitted online, you may check the status of your renewal online. If no status is available, then your renewal has been either approved or denied and you can visit our verification page to see updated expiration date. If approved the verification page will reflect the new expiration date. If denied an email or letter will be sent detailing reasoning. No incomplete renewal will be held. If submitted as incomplete or missing required documentation your renewal will be denied, refunded, and a notice will be sent to the email address provided during renewal detailing reasoning. If denied renewal must be resubmitted with all required documentation and payment.
License Renewal Links
Practitioners:
Intern Renewal
Pharmacy Technician Renewal
Pharmacist Renewal
Immunization Renewal
Consultant Renewal
Check Renewal Status
Facilities:
Resident Controlled Substance Renewal
Resident Pharmacy Renewal
Resident Charitable Clinic Renewal
Mail Order Pharmacy Renewal
Manufacturer Renewal
Wholesale Distributor Renewal
Third Party Logistics Provider Renewal
Limited Pseudoephedrine Renewal
Check Renewal Status
- 12/4/2019
West Virginia County Prescription Data Reports
The West Virginia Board of Pharmacy, in collaboration with the West Virginia Violence and Injury Prevention Program (WV VIPP) and the West Virginia University Injury Control Research Center (ICRC), under the direction of the Centers for Disease Control and Prevention (CDC), are working to address prescription drug misuse, diversion, and overdose within the state of West Virginia. Prescription drug overdose continues to be a major issue in West Virginia. Preliminary data from the West Virginia Heath Statistics Center shows that in 2018, over 895 people died in association with drug misuse (including prescription and illicit drugs), and the number continues to rise. This is nearly three times the national average. To help combat this epidemic, CDC provided specific indicators to identify high-risk areas within the state to allow for intervention and community education. The county specific details for these indicators are available at the following link:
https://dhhr.wv.gov/vip/county-reports/Pages/default.aspx
CSMP Data Dashboard
https://arcgis.com/apps/opsdashboard/index.html#/4b314711d252496d941048cd4867ab85 - 6/5/2019
2019 Pharmacy Laws Effective week of June 3, 2019 - 9/18/2018
DATE: September 11, 2018
The West Virginia Board of Pharmacy (“Board”) continues to receive inquiries regarding the sale of Cannabidiol (“CBD”) in pharmacies. The position of the Board is that the sale of CBD products in the pharmacy setting is prohibited.
There are a number of factors that influenced the Board’s decision, but our duty to protect the public is the most significant. It has been reported that some of the products contain no CBD, while others not only contain CBD, but also include a significant amount of tetrahydrocannabinol (“THC”). The lack of Food and Drug Administration (“FDA”) involvement with the increasing number of these CBD products give us great concern regarding their safety and composition.
THC is a schedule I substance in both federal and state law (WV Code § 60A-2-201(d)(32)), so its presence in these CBD products is a violation of both. The legal status of CBD is less clear, but it appears to be included in the DEA regulations as a schedule I marijuana extract (drug code 7350). The THC issue, and the questions about CBD’s legal status were also a consideration in our decision.
To date, the only CBD product that has gained FDA approval is Epidiolex. As such, Epidiolex is currently the only CBD product that may be lawfully sold in the pharmacy setting. - 8/30/2018
On and after October 17, 2018, West Virginia Medicaid will begin to deny all claims for prescriptions written by any prescriber not enrolled with West Virginia Medicaid. This includes hospital residents and interns, advanced practice nurse practitioners, physician assistants and pharmacists who administer vaccines. Even though the facility you are employed by (clinic, hospital or pharmacy) is currently enrolled, individual prescribers must also be enrolled. Failing to enroll with West Virginia Medicaid as a prescribing provider could cause serious consequences for your patients.
The requirement for prescribers to enroll is a provision of the Patient Protection and Affordable Care Act of 2010. All prescribers serving Medicaid patients MUST enroll and their name and national provider identifier (NPI) must be recorded on claims for prescription medications submitted for Medicaid members on and after October 17, 2018. Providers may enroll as a billing provider or an “ordering, referring, or prescribing” (ORP) provider.” “ORP only provider” is a category for prescribers who write orders, refer, or prescribe medications, but do not actually submit claims to Medicaid for their services. “ORP only providers” may not bill Medicaid for services.
If you are not already enrolled, you may go to the website of the West Virginia Medicaid claims processor, Molina Medicaid Solutions, at https://www.wvmmis.com and enroll online as a billing provider or as an “ORP only provider.” The quickest enrollment option is the ORP-only online application process, if applicable. Provider application approval is 5 days from receipt of a completed application. All required documentation can be uploaded to the portal.
A paper application can be requested by calling Molina Provider Enrollment at 888-483-0793.
To prevent interruptions in Medicaid members’ access to needed prescription medications, prescribers must make sure they are enrolled with West Virginia Medicaid.
For questions, please contact Molina Provider Enrollment at 888-483-0793 or the Molina Pharmacy Help Desk at 888-483-0801. - 7/6/2018
WEST VIRGINIA BOARD OF PHARMACY ANNOUNCES STATEWIDE ELECTRONIC HEALTH RECORD INTEGRATION OF PRESCRIPTION DATA
The West Virginia Board of Pharmacy has partnered with Appriss Health to utilize, analyze, and present information from West Virginia’s Controlled Substances Monitoring Program (CSMP) into the clinical workflow of both prescribers and pharmacists via the comprehensive platform NarxCare. All practitioners who dispense Schedule II, III, IV and V controlled substances or opioid antagonists to residents of West Virginia, must provide the dispensing information to the West Virginia Board of Pharmacy CSMP each 24-hour period. RxDataTrack/CSAPP is the online CSMP software (Mahantech Corp.) used by the Board to track these substances. NarxCare will integrate this CSMP information, as well as additional data sources, into Electronic Health Records or Pharmacy Management Systems to empower clinicians to identify patients that may be at risk for prescription drug addiction, overdose and death, and equips those clinicians and care teams with the advanced analytics, tools and technology they need to help those patients. These invaluable insights and tools can be presented and accessed within clinical workflow, up front, for every patient, every time.
NarxCare provides machine learning and artificial intelligence-based patient risk scores, prescription data, patient safety alerts and other information in a visually interactive format to help prescribers and pharmacists quickly identify potential signs of addiction/overdose. NarxCare also helps clinicians connect patients with additional resources within their community if needed, such as medication-assisted treatment. By obtaining CSMP prescription information through PMP Gateway, which can include data from neighboring states, this one-click workflow process eliminates the need for prescribers and pharmacists to manually log into the WV CSMP website separately and then enter a patient’s name and demographics to search for them.
The new NarxCare platform will be made available at no cost to all West Virginia healthcare providers via their electronic health record and pharmacy management system vendors. (It is important to note that not all vendors are currently integrated. Your integration process and duration time is dependent upon your vendor). For more detailed information about the integration process, please visit:
https://info.apprisshealth.com/wvehrintregrationrequest - 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:
CHAPTER 16. PUBLIC HEALTH.
ARTICLE 5H. CHRONIC PAIN CLINIC LICENSING ACT.
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)
http://www.wvlegislature.gov/Bill_Text_HTML/2018_SESSIONS/RS/bills/SB273%20SUB2%20ENR.pdf
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. - 3/8/2018
Continuing Pharmacy Education Info
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Frequently Asked Questions on CPE Hours Given Recent Changes
Q. By when must I complete the new required 3 CPE hours for best practices prescribing and dispensing for pain (Drug Diversion CPE)?
A. The statute and rules require the Drug Diversion CPE to be completed every reporting period. So, if you are up for renewal on July 1, 2014, then you must have completed the 3 hours as required for your renewal this time around. If you are up for renewal July 1, 2015, you must have completed it for your reporting period for your July 1, 2013 through June 30, 2015, license period. However, if you are a newly licensed pharmacist, you must complete this requirement during your first year of practice, regardless of when you come up for renewal.
Q. Do I still need to complete the "End of Life Care" CPE that was mandatory for all first time license renewals?
A. No, the end of life CPE requirement was deleted from the law. The statute now requires the Drug Diversion CPE each reporting period. So, you will have to get 3 hours of this CPE every 2 years going forward as part of your 30 hours, but end of life care is no longer required.
Q. I am registered as a consultant pharmacist [and/or immunizing pharmacist] and registered pharmacist. Can the CPE hours I've completed for my consultant license [and/or immunizing pharmacist permit] be applied towards the 30 hours needed to renew my pharmacist license?
A. Yes, the hours can count toward your 30 required total CPE hours. The same is also true for the new best practices prescribing and dispensing for pain hours (Drug Diversion CPE).
To find out about CPE programs provided by the WVU School of Pharmacy Office of Continuing Pharmacy Education click here.
Consulting Practice | Application for Continuing Education
INFORMATION SHEET
CONTINUING PHARMACY EDUCATION IN CONSULTING PRACTICE
Rule 23.3 of the Board's Legislative Rules, 15 CSR 1, requires all pharmacists registered as consultants to have three (3) hours of CPE in the subjects of consulting practice each year.
All programs offered by the American Society of Consultant Pharmacists (ASCP) are acceptable programs to meet this requirement.
Any other program not offered by ASCP must be submitted to the Board's continuing education committee for approval and assignment of a number.
Programs in the subjects of consulting practice may include, but are not limited to, topics related to:
Depression in the Elderly
Arthritis
Alzheimer's Disease
Nutritional Status in the Elderly
Wound Care
Osteoporosis
Congestive Heart Failure
Strokes
Issues with HCFA Regulations
Special Considerations in the Elderly
Recordkeeping requirements
Prevention and Recognition of Drug Events in the Elderly Population or programs provided by:
WVU Geriatric Education Center Programs
WV Center of Aging Program
West Virginia Board of Pharmacy's Application for Continuing Pharmacy Education Credit
NOTE: (Application only required for general CPE programs not already approved by ACPE or for programs submitted to meet Drug Diversion Training and Best Practice Prescribing of Controlled Substances or consulting practice CPE requirements.)
All applications must be received by the end of each month. Applicants will be notified by the 20th of the following month if the program was approved or disapproved. If approved, continuing education certificates issued to participants must list the title of the program, number of CPE hours awarded, WV Board of Pharmacy Program Number, signature of administrator of the program, and date signed. A record of the participant’s attendance and copy of the CPE certificate must be maintained for a period of 4 years from the program’s date.
PROVIDER / RPH INFORMATION:
Date of Submission:
Applicant (Check One): CPE Provider____ Pharmacist ____
Name of CPE Provider/Pharmacist:
Street Address:
City: State: Zip Code:
Phone Number: Fax Number:
Contact Person:
Phone Number:
PROGRAM INFORMATION:
The following 3 items must also be submitted with each application:
Agenda with times of events
Listing of all faculty and brief bio sketch for each faculty member
Learning Objectives for each Session (List the session title followed by at least 3 learning objectives. Each objective should start with a behavioral verb such as describe, list, state and others. Additional sheets may be attached if needed.):
Date of Program: Title of Program:
Location (Facility, City and State):
Number of hours of CPE requested:
Type of CPE credit requested (Check One):
Consulting ____ General ____ Live_____
Drug Diversion Training and Best Practice Prescribing of Controlled Substances____ - 3/8/2018
This link is to an interesting article entitled "Effects of Illegal Drugs on the Heart".
https://www.acls.net/effects-of-drugs.htm - 3/8/2018
The Opioid Antagonists Act Based on a Practitioner's Prescription
1. Q. Can I dispense Naloxone or other opioid antagonists to an addict pursuant to a prescription?
A. Yes. So long as you have a valid, lawful prescription for it. WEST VIRGINIA CODE Chapter 16, Article 46 is the "ACCESS TO OPIOID ANTAGONISTS ACT." The purpose of the Act is to prevent opioid-related overdose deaths. In §16-46-3(b), the Act provides:
All licensed health care providers in the course of their professional practice may offer to a person considered by the licensed health care provider to be at risk of experiencing an opiate-related overdose, or to a relative, friend, caregiver or person in a position to assist a person at risk of experiencing an opiate-related overdose, a prescription for an opioid antagonist.
2. Q. Q. Can I dispense Naloxone or other opioid antagonists on a prescription to a relative, friend, caregiver or person in a position to assist a person at risk of experiencing an opiate-related overdose?
A. Yes, even though there is no traditional prescriber-patient relationship, §16-46-3(b) permits a practitioner to issue a prescription to these people to help prevent fatalities from opioid-related overdoses.
3. Q. Can I dispense Naloxone or other opioid antagonists to initial (first) responders?
A. Yes, you can do this based on a prescription or the a standing order to do so, or you can do it under the pharmacist's protocol. The Act defines an initial responder as follows:
"Initial responder" means emergency medical service personnel, as defined in subdivision (g), section three, article four-c of this chapter, including, but not limited to, a member of the West Virginia State Police, a sheriff, a deputy sheriff, a municipal police officer, a volunteer or paid firefighter and any other person acting under color of law who responds to emergencies.
In §16-46-3(a), the Act states: "All licensed health care providers in the course of their professional practice may offer to initial responders a prescription for opioid antagonists, including a standing order, to be used during the course of their professional duties as initial responders."
While this would normally be seen as a "for stock" transaction, this statute permits a pharmacy to make this sale based on the prescription or standing order, or the pharmacist's protocol. - 3/8/2018
Manufacturers and Wholesale Drug Distributors: In the past, West Virginia licensed non-resident manufacturers as wholesale drug distributors when they distributed their product into the state. Federal law requires a new scheme. Anyone manufacturing prescription-only drugs in West Virginia must be licensed by the state as a manufacturer to do so. Likewise, if you are a drug manufacturer located outside of West Virginia, but distribute any of your product into West Virginia, either yourself or through the use of a Third-Party Logistics Provider (3PL), you must be licensed by this state as a manufacturer (in other words, if you distribute or have your product distributed into West Virginia on your behalf, you must be licensed).
If you are a virtual manufacturer (you own the product, but someone else manufacturers it for you on contract or otherwise at their facility), if any of that product is to be manufactured in West Virginia, or shipped in or into West Virginia on your behalf, you must get a manufacturer's license. Of course, the actual manufacturer will have to be licensed as a manufacturer if it is in West Virginia. If the actual manufacturer is outside West Virginia, it does not need licensed if it never sends the product into West Virginia on your behalf (i.e., it transfers it to a 3PL or wholesaler outside of West Virginia, and it is that other entity that actually sends it into West Virginia). If it is manufacturing the drugs on behalf of a virtual manufacturer, and it sends that product into West Virginia on behalf of the virtual manufacturer or otherwise, it must be licensed as a manufacturer. In other words, if it is located outside of West Virginia and it distributes any of the product into West Virginia, it must get a manufacturers license.
If controlled substances are involved, the actual manufacturer must have a controlled substances handling permit as well. If you are a virtual manufacturer which does not handle the product, then you do not have to also get the CS handling permit since you won't actually touch the product.
If you are a virtual manufacturer and use a 3PL to distribute your product in or into West Virginia, you must have a manufacturer's license, and your 3PL must have a 3PL distributor's license. If controlled substances are involved, the 3PL must have a controlled substances handling permit as well. If you do not handle the product, then you do not have to also get the CS handling permit since you won't actually touch the product.
Wholesale Drug Distributors: If you are a wholesale drug distributor and distribute drugs in or into West Virginia, you must be licensed as a wholesale drug distributor. In the past, West Virginia licensed 3PL's as a wholesale drug distributor. However, federal law requires a new scheme. West Virginia will now have a 3PL distributor's license category to distribute any drug products in or into West Virginia as a 3PL. If controlled substances are involved, the 3PL must have a controlled substances handling permit as well. For any product you are shipping in on behalf of a virtual or actual manufacturer or other party who actually owns title to and control over the drug, that virtual manufacturer, actual manufacturer, or other party must be properly licensed as a manufacturer. - 3/8/2018
Mid-Level Practitioners Authorization by State: The table available from the DEA Diversion website provides information for the controlled substances authority for Mid-level Practitioner's by discipline and state:
DEA Diversion mid-level Practitioner page: http://www.deadiversion.usdoj.gov/drugreg/practioners/index.html
Download the Table from the page: http://www.deadiversion.usdoj.gov/drugreg/practioners/mlp_by_state.pdf - 3/8/2018
2017 Law Book: Pharmacy Laws And Legislative Rules of West Virginia (Governing: The Practice of Pharmacy; Controlled Substances Act), 2017Edition.
To Purchase the Law Book, please remit a law book request with your name and address where the book is to be mailed. Fee: $20.00.
The most recent versions of the West Virginia Code and the Rules are available on the Legislature's website and the Secretary of State's website, respectively.
Below are links to current West Virginia Code (on the Legislature's web site) and West Virginia Code of State Rules (on the Secretary of State's web site) governing the practice of pharmacy. To view a particular provision, click on the link and perform the required search on the linked site.
West Virginia Code Sec 30-5-1, et seq., creates the Board of Pharmacy, provides for its powers and duties generally, and sets forth requirements for licensure and permitting of Pharmacists, Pharmacy Technicians, Pharmacy Interns, and Pharmacies.
West Virginia Code Chapter 60A, Uniform Controlled Substances Act.
(a) Board of Pharmacy Rules, Title 15 of CSR, Series 1 through 13, click here: http://apps.sos.wv.gov/adlaw/csr/, and select "Pharmacy" in the Agency drop-down field of the search box.
(b) Board of Medicine, Board of Osteopathy, and Board of Pharmacy Joint Rules for Collaborative Pharmacy Practice, Title 11, Series 8.
West Virginia Code Generally.
DEA law links.
Code of Federal Regulations (CFR) Main Page.
- 3/8/2018
Naloxone Order from State Health Office Dr. Amjad
Download Naloxone Use of Devices Brochure
Download Naloxone Brochure for Substance Use Disorder
The dispensing of opioid antagonists approved by the FDA for use in treating an overdose must be reported to the CSMP. You must work with your software, or, if need be, work with your software provider, to include naloxone as a reportable item.
West Virginia Board of Pharmacy
Protocol for Pharmacist or interns Furnishing
Opioid Antagonist Naloxone Hydrochloride
Developed in Consultation with the DHHR Bureau for Public Health
A pharmacist or intern furnishing an opioid antagonist, naloxone hydrochloride, pursuant to West Virginia Code § §16-46-3a shall satisfy the requirements of this protocol.
(a) As used in this protocol:
(1) “Recipient” means the person to whom naloxone hydrochloride is furnished.
(b) West Virginia Code § 16-46-3a provides that a pharmacist or pharmacy intern under the supervision of a pharmacist may dispense an opioid antagonist without a prescription pursuant to a protocol developed by the Board of Pharmacy in consultation with the Bureau for Public Health. As set forth in subsection (b) of section 16-46-3a,
A pharmacist or intern or pharmacy intern who dispenses [naloxone hydrochloride] without a prescription under this [protocol] shall provide patient counseling to the individual for whom the opioid antagonist is dispensed regarding, but not limited to, the following topics: (1) The proper administration of the opioid antagonist; (2) the importance of contacting emergency services as soon as practicable either before or after administering the opioid antagonist; and (3) the risks associated with failure to contact emergency services following administration of an opioid antagonist. The patient counseling described in this section is mandatory and the person receiving the opioid antagonist may not opt out.
Further, subsection (d) provides: “All pharmacists or pharmacy interns who dispense an opioid antagonist under this section shall provide educational materials to any person receiving such an opioid antagonist on opiate-related overdose prevention and treatment programs, as well as materials on administering the opioid antagonist.” Following is the protocol developed to meet these requirements.
The law clearly requires only a protocol issued by the Board in consultation with the Bureau for Public Health for pharmacists to dispense Naloxone without any prescription from any practitioner. However, although not required, a pharmacy may choose to have a prescribing practitioner sign the protocol set forth in subsection (c) below to treat it as a standing order.
(c) Protocol for Pharmacist or Interns Furnishing Naloxone Hydrochloride.
(1) Before providing an FDA-approved naloxone hydrochloride product, the pharmacist or intern shall screen the potential recipient by asking whether the person to whom the naloxone hydrochloride would be administered has a known hypersensitivity to naloxone. (If the recipient answers yes, the pharmacist or intern may not provide naloxone. If the recipient responds no, the pharmacist or intern may continue.)
(2) When naloxone hydrochloride is furnished:
(A) The pharmacist or intern shall provide the recipient with appropriate counseling and information on the product furnished, including dosing, effectiveness, adverse effects, storage conditions, shelf---life, and safety. The recipient is not permitted to waive the required consultation.
(B) The pharmacist or intern shall provide the recipient with the number to talk with someone about available substance abuse treatment and recovery services near them, 1-844-HELP-4-WV, if the recipient indicates interest in addiction treatment or recovery services at this time.
(C) The pharmacist or intern shall answer any questions the recipient may have regarding naloxone hydrochloride.
(3) Product Selection: A pharmacist or intern may supply naloxone hydrochloride in any FDA- approved product form.
(4) The dispensing shall be documented and labelled as a prescription dispensed per this protocol.
(5) Fact Sheet: The pharmacist or intern shall provide the recipient
(A) a copy of the current Naloxone Administration Tri-fold “I Have Narcan” created and maintained by the West Virginia Department of Health & Human Resources, Bureau for Public Health, Office of Emergency Medical Services (OEMS): http://www.wvoems.org/medical-direction/naloxone-information; or other appropriate patient information for the FDA-approved product dispensed; and
(B) the Naloxone Tri-fold Brouchure concerning recognition of signs of an overdose and other information created and maintained by the OEMS: http://www.wvoems.org/medical-direction/naloxone-information.
(6) Privacy: All pharmacist or interns furnishing naloxone hydrochloride in a pharmacy or health care facility shall operate under the pharmacy or facility’s policies and procedures to ensure that recipient confidentiality and privacy are maintained.
(7) Although not required, a pharmacy may choose to have a prescribing practitioner sign the protocol to treat it as a standing order. - 3/8/2018
Licensure Information for Pharmacists and Pharmacy Technicians/Trainees
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In order to be licensed as a Pharmacist in West Virginia, all applicants will be required to pass the Multistate Pharmacy Jurisprudence Examination (MPJE), administered by NABP.
If you are a new pharmacy school graduate or score transfer applicant, then you will also be required to take and pass the MPJE and/or NAPLEX examination administered by NABP. NABP will then issue you an Authorization to Test for which you will need to schedule an appointment to take the MPJE at a computer testing center.
If you are an applicant for licensure by Reciprocity, or are a Foreign Pharmacy Graduate please see below.
For information on registration as a Pharmacy Technician, or to start as a Pharmacy Technician Trainee see below:
Click here for Applications.
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Information for Pharmacist Reciprocity
“Licensure Transfer” and Licensure Transfer Application
Step One - Applicant logs onto www.napb.net, under: Licensure Transfer" and Licensure Transfer Application and follows the directions for Reciprocity and MPJE.
Step Two –After Applicant receives official application from the National Board, please submit the Official Application within 90 days to the West Virginia Board of pharmacy –The applicant must mail the completed Official Application to the West Virginia Board of Pharmacy along with the application fee of two hundred and fifty five dollars ($255.00).
When the West Virginia Board of Pharmacy receives your completed application and fee we will mail you the latest edition of our Law Book “Pharmacy Laws and Legislative Rules of West Virginia” Governing The Practice Of Pharmacy and Controlled Substances Act. You are responsible for any changes made in the statutes or rules after the Law Book was published. All such information is available online. If you have questions regarding the MPJE call the NABP at (847) 391-4406.
In order to be licensed in West Virginia, you will be required to pass the Multistate Pharmacy Jurisprudence Examination (MPJE).
The MPJE is a two-hour, computer-adaptive examination. You will need to familiarize yourself with the specific federal and state pharmacy laws and regulations as they apply in West Virginia. To get information regarding sitting for the MPJE, you will need to get on the NAPB web site at: http://www.nabp.net/. NABP will then issue you an Authorization to Test for which you will need to schedule an appointment to take the MPJE at a computer testing center.
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Foreign Pharmacy Graduate
A Foreign Pharmacy Graduate, whose undergraduate pharmacy degree was conferred by a recognized school of pharmacy outside of the fifty (50) United States, the District of Columbia, and Puerto Rico, may establish educational equivalency by obtaining a Foreign Pharmacy Graduate Examination Committee Certificate (FPGEC) from the National Association of Boards of Pharmacy (NABP).
To Obtain an FPGEC Certificate, you must meet all of NABP’s requirements for the program including passing the Foreign Pharmacy Graduate Equivalency Examination (FPGEE), the Test of English as a Foreign Language (TOEEL), and the Test of Spoken English (TSE).
Applicants who receive FPGEC certification meet the educational requirement for licensure and may apply to sit for the licensure exams (NAPLEX and MPJE). Provided they meet all other qualifications for licensure as a pharmacist.
You will need an application for initial license as a registered intern if you plan to work in this State prior to licensure. Upon successfully receiving the FPGE, send a copy of your certificate with your application to become an intern in West Virginia. Fifteen hundred (1500) Intern hours are required by the State of West Virginia prior to taking the NAPLEX and only up to five Hundred (500) of those hours may have been served in a foreign country. After passing the Foreign Pharmacy Graduate Examination (FPGEC), and getting your 1500 Intern hours you may then apply to take the NAPLEX and West Virginia MPJE.
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Pharmacy Technicians
Legislative Rule for Pharmacy Technicians: § 15-7-2. Definitions.
2.3. "Pharmacy Technician" means a person registered with the board to practice certain tasks related to the practice of pharmacist care in this State within the scope of practice permitted by West Virginia Code Section 30-5-12, as provided, permitted, and limited by the laws and rules governing the practice of pharmacist care.
TEN (10) FREQUENTLY ASKED QUESTIONS
1- Since I have to be nationally certified, how I do it, how much does it cost, and where do I had to go to take the certification exam?
ANSWER: We accept either the PTCB or the NHA national certification. They have their own requirements and testing. You can research them at their websites: http://www.ptcb.org (or call 1-800-363-8012), and http://www.nhanow.com/pharmacy-technician.aspx (or call 1-800-499-9092).
2- What type of questions are on the Examinations?
ANSWER: Please refer to their websites for information on their examinations.
3- If I am already nationally certified, or if I get nationally certified, can I go ahead and practice as a PT or PTT in West Virginia?
ANSWER: No. You must first get registered with the State before you start practice, even if nationally certified.
4- So, how do how do I become registered in West Virginia with my national certification?
ANSWER: You must have completed a competency-based pharmacy technician education and training program of a learning institution or training center as approved by legislative rule of the board; or completed a 500 hour pharmacy provided, on-the-job, competency-based education and training program approved by the board. If one of the aforementioned requirements is completed you may then submit an application for pharmacy technician, which includes and state and federal fingerprint based, criminal history background check with the results being released to The West Virginia Board of Pharmacy.
If you have not completed the education and training component then you must register as a PTT and do the training (see Question 6 below) before you can apply to then become a PT.
5- If I am registered in another state how can I become registered in West Virginia (reciprocity or license transfer)?
ANSWER: We don't have reciprocity given our training and national certification requirements. You must have completed a competency-based pharmacy technician education and training program of a learning institution or training center as approved by legislative rule of the board; or completed a 500 hour pharmacy provided, on-the-job, competency-based education and training program approved by the board. Applicants must also be nationally certified via PTCB or NHA. If the aforementioned requirements are completed you may then submit an application for pharmacy technician, which includes and state and federal fingerprint based background check with the results being released to The West Virginia Board of Pharmacy.
6- I'm not nationally certified. How can I become a West Virginia registered pharmacy technician?
ANSWER: You must first apply to the Board (including getting a criminal background check) to register as a trainee, and either complete a school-based pharmacy-technician training program, or do an on-the -job training program where you work 960hours in a pharmacy in its training program within a 15-month period. Upon completion of the training program, you will have 90 days to pass one of the two approved national PT certification examinations to become registered, during which time you can continue to work as a PTT. If you don't pass within the 90-day period, you must request an extension from the Board or stop working until you do. See PTT section below.
7- Do I need continuing education to be a West Virginia registered pharmacy technician?
ANSWER: No (but, yes). The Board does not have a CPE requirement for Pharmacy Technicians. However, to maintain PTCB or NHA CPhT certifications, you must comply with their requirements. PTCB and NHA have their own requirements for maintaining their certifications which include continuing education.
8- If I am not working do I have to renew my registration?
ANSWER: Yes and no, or not necessarily. If you do not renew, this will cause your registration to lapse. See next question.
9- If I do not renew my license in the designated renewal period are there any consequences?
ANSWER: You would have to complete a reinstatement application and pay reinstatement fees, and show proof of ongoing national certification. If you were a PT who was grandfathered-in as a registered PT without national certification prior to the changes in the law, you would have to meet the new requirements and become nationally certified to be reinstated.
10- Do I have to let the Board know where I am working?
ANSWER: You must notify the Board in writing as to your place of employment and any change of address.
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Pharmacy Technician Trainee
2.3. "Pharmacy Technician Trainee" means an individual currently engaged in a competency-based pharmacy technician education and training program which has been approved by the Board and who is performing the duties of a pharmacy technician under the direct supervision of a pharmacist.
TEN (10) FREQUENTLY ASKED QUESTIONS
1- Do I have to register with the Board of Pharmacy just to work in the pharmacy?
ANSWER: Yes.
2- How do I register to work as a trainee?
ANSWER: If you are going to do an on-the-job pharmacy-based 960-hour training course, the pharmacist-in-charge (PIC) must help you complete a Pharmacy Technician Trainee Application. If you are enrolling in a school-based training program, the school must help you fill out the application. As part of the application, you must get a state and federal fingerprint based criminal history background check to be reported to the Board, and have your application approved by the Board prior to beginning.
3- How long can I work as a pharmacy technician trainee?
ANSWER: If enrolled in a school-based program, then, so long as you are enrolled and actively working toward your degree or certificate. If you are doing the on-the-job pharmacy-based 500-hour training course, then you have a maximum of 15-months to complete the training and have 500 hours in the pharmacy. After you complete the training, you have 90 days to continue working while you try to pass a national certification exam. If you don't pass, you can keep trying; you just can't continue to work. However, the law does provide that you can petition the board to continue working if you are taking some approved re-training, or you can petition to start over at the beginning. This petition requires you to complete the pharmacy technician trainee extension request form located on our website under applications/forms.
4- What if I cannot get the 960 hours in a 15-month period.
ANSWER: You can petition the Board for more time provided you can show good cause for the need for the extension (e.g. medical leave during the 15 month period that prevented you from working the needed hours). This petition requires you to complete the pharmacy technician trainee extension request form located on our website under applications/forms.
5- How old do I have to be to work in a pharmacy?
ANSWER: The law does not contain a specific age requirement. It used to require a minimum age of 18, but that provision was removed. However, to become registered as a PT or PTT in West Virginia you must be a high school graduate or you must have a General Education Development Diploma (GED) issued by the Board of Education. So, it is possible to become a PTT or PT prior to reaching the age of 18.
6- What if I have a criminal record (i.e., a misdemeanor or felony conviction in my criminal history)?
ANSWER: You must disclose all convictions on your application, whether a misdemeanor or a felony. To be eligible to be a PT or PTT, the statute requires the Board to find that you are not an alcohol or drug abuser (although you can be in demonstrated recovery), not have been convicted of any felony with the last 10 years prior to application, and not have been convicted of a misdemeanor or felony if the offense bears a rational nexus to the practice of pharmacy. The board will review the nature of the conviction to determine if it precludes you or not. However, if you fail to disclose it on your application, then the board may deny your application for untruthfulness or failure to provide required information.
7- Will my hours count if I change jobs within my training period?
ANSWER: Yes, as long as they can be verified and the new pharmacy/PIC agree.
8- What do I need to wear?
ANSWER: Pharmacy technicians and pharmacy technician trainees shall wear appropriate clean attire and a coat, jacket, or apron of a color other than white, and have a proper name tag.
9- Can I transfer my PT registration from another state?
ANSWER: No. However, if you can show that you completed approved training, and are nationally registered, the Board will grant your WV PT registration based on that information.
10- Can a high school student be a PT or PTT, or can they "shadow" (observe) in a pharmacy?
ANSWER: The law requires that, in order to be a pharmacy technician (PT), or a pharmacy technician trainee (PTT), one must be a high school graduate or its equivalent (GED). The under 18 restriction was removed, but the graduation/GED requirement is still there. (See West Virginia Code § 30-5-11 and Code of State Rules § 15-7-3 and 4.) However, a high school student can go in and “shadow”. They just cannot do any part of the dispensing process (prescription entry, review, filling, dispensing to patient, etc.), or any other duties that are restricted to pharmacists, PTs/PTTs, or pharmacist interns (pharmacy school students in college). The Board has no requirements specifically on “shadowing”, except that the law requires no unauthorized personnel in the pharmacy unless the pharmacist ok’s them, and supervises their presence. Again, no unlicensed/unregistered people can do any part of the dispensing functions, etc., but they can observe. - 3/8/2018
West Virginia Pharmacists and Buprenorphine-Assisted Therapy: Guidelines for a pharmacist providing pharmaceutical care to patients with opioid addiction and opioid use disorders using buprenorphine medications.
Author: Michael C. LeMasters, Pharm.D.
Download PDF
- 3/8/2018
The Board has been provided a link to a CPE on Naloxone that is extended for another year. It is supported by an educational grant from Adapt Pharma and is ACPE approved for 2 hours.
https://www.pharmacytimes.org/landing/787-
The CPE is entitled "Naloxone Rescue: The Emerging Role of Pharmacists in Preventing Opioid Overdose" - 3/8/2018
CDC Releases Guideline for Prescribing Opioids for Chronic Pain
See the CDC's article and guidelines at: http://www.cdc.gov/media/dpk/2016/dpk-opioid-prescription-guidelines.html - 3/8/2018
Pharmacists have a Corresponding Responsibility with the Prescriber to Prevent Drug Diversion
Article after article is out there on preventing drug diversion, and the pharmacists' corresponding responsibility with the prescriber to ensure the prescriptions they dispense are legitimate. Nonetheless, it is worth repeating. So, here is an excerpt from the DEA's Pharmacist Manual, "SECTION IX – VALID PRESCRIPTION REQUIREMENTS", directly on point:
Corresponding Responsibility
A pharmacist also needs to know there is a corresponding responsibility for the pharmacist who fills the prescription. An order purporting to be a prescription issued not in the usual course of professional treatment or in legitimate and authorized research is an invalid prescription within the meaning and intent of the CSA (21 U.S.C. § 829). The person knowingly filling such a purported prescription, as well as the person issuing it, shall be subject to the penalties provided for violations of the provisions of law relating to controlled substances.
A pharmacist is required to exercise sound professional judgment when making a determination about the legitimacy of a controlled substance prescription. Such a determination is made before the prescription is dispensed. The law does not require a pharmacist to dispense a prescription of doubtful, questionable, or suspicious origin. To the contrary, the pharmacist who deliberately ignores a questionable prescription when there is reason to believe it was not issued for a legitimate medical purpose may be prosecuted along with the issuing practitioner, for knowingly and intentionally distributing controlled substances. Such action is a felony offense, which may result in the loss of one’s business or professional license (see United States v. Kershman, 555 F.2d 198 [United States Court Of Appeals, Eighth Circuit, 1977]).
(http://www.deadiversion.usdoj.gov/pubs/manuals/pharm2/pharm_content.htm#9)
West Virginia law incorporates this same duty in Rule Section 15-2-7.4. This is a responsibility that the pharmacist must be aware of, and cannot ignore - 3/8/2018
Prescritions from Suspended/Revoked Prescribers
Q: A prescriber in my area recently had his/her license to practice suspended/revoked. Can I fill a prescription written by him/her? What about refills?
A. The answer in West Virginia is fairly simple. The law generally requires for a prescription to be valid, it must be written by a properly licensed prescriber, written in the normal or ordinary course of practice, for an actual patient of that prescriber, and be for a legitimate medical reason if necessary. Thus, so long as the prescriber's license was valid when the prescription was written for his/her patient (with whom there was an actual provider-patient relationship), the prescription was written in the usual course of practice, and it is for a legitimate medical reason, then the prescription may be filled. The same analysis applies for refills. For a quick example, Dr. Jones writes a prescription for his patient, Mr. Smith, on April 6, 2010, with three refills. The next day, on April 7, Dr. Jones surrenders his license and DEA registration. If Mr. Smith's presents the prescription and the pharmacist believes it was written in the usual course and for a legitimate medical purpose, the prescription and the refills may be honored. It is recommended that, since the doctor-patient relationship is severed, that the pharmacy direct the patient to get a new prescriber as soon as possible, and that the pharmacy consider limiting the number of refills it will give under the old prescriber. - 3/8/2018
Floricet and Florinal, and Federal DEA Exempted Products
Q. Does West Virginia honor the DEA’s Exempt Prescription Product list.
A. No. West Virginia has its own controlled substances act and it schedules several things that the DEA exempts. For example, Fioricet and Fiorinal are treated the same here as controlled drugs, whereas the DEA schedules one but exempts the other. The Board has fielded several questions recently on state versus federal scheduling of Chlordiazepoxide and Butalbital products. Federal law has some exemptions for some of these. However, our state law is tighter. To reiterate and flesh things out:
For Butalbital containing products in Schedule III of state statutes, West Virginia Code § 60A-2-208(c)(3) states that any substance which contains any quantity of a derivative of barbituric acid or any salt of barbituric acid is a CIII, and subsection (6) specifically states “Butalbital (including, but not limited to Fioricet)” is included as a CIII. So, we treat Fioricet and Fiorinal the same under state law since they both contain butalbital, which comes from barbituric acid.
For products containing Chlordiazepoxide, regardless of federal exemptions, the state statute for Schedule IV at West Virginia Code § 60A-2-210(c)(8) specifically includes Chlordiazepoxide. - 4/27/2021
The WVBOP will not currently be accepting paper applications/renewals/notices. Please use the online applications provided and submit any necessary notice via the WVBOP email address.
Beginning May 1, 2020 the WVBOP will no longer be printing/mailing permits. Applicants/Licensees will now receive an emailed link to print their own permits.
Please use the WVBOP Contact Form to submit any inquiries/questions. - 10/13/2020
The WV BOP is receiving an increased number of reports of calls alerting us to threats of legal action if outrageous fines are not paid over the phone. The callers identify themselves as either Board of Pharmacy or DEA employees working an investigation and state that the "fine" must be paid over the phone via wire transfer or face arrest, prosecution, imprisonment, and license revocation. - 4/1/2021
I have a patient who comes in to pick up their controlled substance and the driver’s license is expired. Can the prescription medication be released?
Because a controlled substance prescription requires a valid government-issued identification, it is important for pharmacies to be aware the WV Division of Motor Vehicles will NOT extend the expiration date of any driver’s license or instructional permit beyond March 31, 2021. These are now considered to be expired and should be handled as they would have been Pre-COVID. - 10/15/2018
STATE OF WEST VIRGINIA
DEPARTMENT OF HEALTH AND HUMAN RESOURCES
BUREAU FOR MEDICAL SERVICES
Commissioner’s Office
350 Capitol Street, Room 251
Charleston, West Virginia 25301-3712
Telephone: (304) 558-1700 Fax: (304) 558-1451
Notice to Pharmacy Providers
On October 17, 2018, prescription claims will deny for Medicaid members whose prescribers are not enrolled with Medicaid. West Virginia Medicaid is required to deny these prescriptions in order to comply with Federal regulations.
If a prescription denies for one of your patients due to edit 7091 (Prescriber not enrolled with Medicaid), please ask the member to contact the prescriber’s office and request that an enrolled prescriber in that office provide them with a prescription which can be written, electronically prescribed or transmitted via telephone or fax.
Exception: if a patient is prescribed a drug used to treat a behavioral health condition (depression, schizophrenia, anxiety, ADD, ADHD, etc) and it results in a denial with Edit 7091 (prescriber not enrolled with Medicaid), please use the NPI of the behavioral health facility in which your patient is being treated. You may call the facility, the Molina Pharmacy Help Desk at 888-483-0801 or the Bureau for Medical Services Pharmacy Office at 304-558-1700 to obtain the NPI number. This is a temporary measure while Molina enrollment continues to process enrollment applications through 2018.
For claims prescribed by pharmacists, you may temporarily use the NPI of your pharmacy. But please continue to pursue your individual pharmacist enrollment with Molina.
You will be notified in the future when the enrollment process has been completed and you can begin using the individual prescriber’s NPI.
Thank you for your help in this matter. For more information, you may call the Molina Pharmacy Help Desk at 888-483-0801 or the Bureau for Medical Services at 304-558- 1700. - 4/28/2020
APRN Sch II prescribing, COVID testing, FDA info, Immunizations - 10/9/2018
Hepatitis A-Statewide Outbreak: Provider's Guide to Transmission, Risk Groups, and Prevention - 4/9/2020
Summary of FAQs related to COVID-19 all Memos are summarized here - 4/1/2020
Updates on Schedule II prescribing, APRN prescribing, Insurance Commissioner information - 4/17/2019
April 12, 2019
Re: CBD Sales in Pharmacies
Dear Licensee:
On June 25, 2018, the West Virginia Board of Pharmacy ("the Board") voted to prohibit the sale of non-FDA approved cannabidiol ("CBD") products in the pharmacy setting. After further consideration of both state and federal regulations regarding these products, the Board is withdrawing that prohibition, effective immediately.
While the Board no longer specifically prohibits these sales of CBD products in its licensed pharmacies, it offers no opinion on the legality of such sales under federal law. Additionally, selling or possessing CBD products that contain THC or other controlled substances could be violations of both state and federal laws. Recent testing of retail CBD oil samples from across West Virginia, indicated that over a third of the samples tested contained Delta 9 THC, which is a Schedule I controlled substance. Therefore, it is up to each pharmacy to determine whether they will sell CBD products, and to carefully consider the impact that any state and federal regulations may have on such sales. This notification should not be construed as a defense to prosecution for any criminal charges related to the sale or possession of these CBD products.
The Board encourages pharmacies electing to sell CBD products to stay aware of U.S. Food and Drug Administration (FDA) alerts and warning letters issued regarding CBD containing products. FDA information regarding these products can be found at https://www.fda.gov/NewsEvents/PublicHealthFocus/ucm421168.htm.
Sincerely,
Michael L. Goff
Executive Director & CSMP Administrator - 4/10/2019
Open renewal period will begin on May 1st and run through June 30th.
Per Rule §15-1-14.4.2 renewal forms must be RECEIVED in our office by June 15th in order to allow time to process by June 30th.
Any licensee not renewed by June 30th is not permitted to practice pharmacy in the state of West Virginia until their license has been renewed. There are no grace periods for expired registrations.
All renewal forms RECEIVED in our office after June 30th will be required to pay a late fee. Late renewal period will run from July 1st-August 31st. Practitioner late renewals will be required to pay a late fee.
If renewal form has not been RECEIVED by August 31st licensee must complete a reinstatement form to reactivate their license/registration.
Online Renewals:
• Beginning May 1st online renewals can be completed on our website at www.wvbop.com.
• Online renewals will be processed within 5-7 business days.
• Online renewals are payable by credit/debit payments only. These payments will be subject to a 2.25% processing fee.
• Licensees may check the status of their online renewal on our websites application status page only. Status requests will not be accepted by phone unless applicant’s renewal was submitted over 2 weeks prior and there is no information available on our online application status page.
Paper Renewals:
• If you wish to still submit a paper renewal you may print your renewal form from our website at https://www.wvbop.com/practitioners/resources.asp. Once completed you must mail your renewal to West Virginia Board of Pharmacy, 2310 Kanawha Blvd. E, Charleston, WV 25311.
• Paper renewals will be processed within 2-3 weeks.
• Paper renewals are payable to WVBOP by check or money order only.
• Licensees may check the status of their online renewal on our websites application status page only. Status requests will not be accepted by phone unless applicant’s renewal was submitted over 2 weeks prior and there is no information available on our online application status page.
Renewals will not be accepted before May 1st. Any renewal received prior to May 1st will be returned to applicant The Board has 30 days to process any renewal received after June 15th - 4/10/2019
NOTICE TO WV PHARMACIES & PHARMACISTS
Legislative Rules Effective Immediately (March 22, 2019):
Reciprocity for Pharmacy Technicians: A pharmacy technician who has obtained a national certification and practiced in another jurisdiction for at least a year is eligible to apply for reciprocity in WV. He/she must still apply as a pharmacy technician trainee and complete the 20 site-specific training program. The individual must be in good standing in the original state of jurisdiction. Then, the individual will apply to be a pharmacy technician providing satisfactory proof to the Board of his or her licensure status with the BOP in the state in which the individual was licensed. If states where there is no technician licensure, a notarized document of proof of satisfactory employment by the previous pharmacist in charge is sufficient. Also, provide the proof of national certification.
Pharmacy Technician Trainee Hours: Pharmacy technician trainees now are required to have a minimum of 500 hours employment within a 12-month period under the direct supervision of a pharmacist to complete the on-the-job, competency-based pharmacy technician training program. This is a reduction in hours required from the 960 hours in 15 months. The pharmacy technician trainee has 90 days to pass the national test and get registered at a pharmacy technician after obtaining the required hours. If an individual is currently registered as a pharmacy technician trainee and has 500 hours (including the 20 hour site specific training program), he/she may go ahead and apply to take a national pharmacy technician certification exam. Once the exam is passed, he/she is may apply to be a WV pharmacy technician through the usual process.
Cashiers in the Pharmacy: A person who handles the prescription drug only during the point of sale to provide the prescription drug to a patient and accept payment is NOT subject to the licensure requirements of 15-7 (the pharmacy tech). This handling process includes the cashier having access to the pharmacy’s operating system to unique information for each patient. A pharmacy may require an individual to complete a criminal background check before he or she is hired.