Chapter 30, Chapter 30

(a) The board may initiate a complaint upon receipt of the quarterly report from the Board of Pharmacy as required by §60A-9-1 et seq. of this code or upon receipt of credible information and shall, upon the receipt of a written complaint of any person, cause an investigation to …

The practices authorized under the provisions of this article and the Board of Dentistry are subject to article one of this chapter, the provisions of this article and any rules promulgated hereunder.

(a) In any hearing where a question exists as to the level of central nervous system depression a licensee has induced, as outlined in this article, the board may base its findings on, among other things, the types, dosages and routes of administration of drugs administered to th…

(a) No dental laboratory technician may perform any dental laboratory service without the issuance of a work authorization by a dentist or other dental practitioner. (b) Each work authorization shall contain: (1) The name and address of the dental laboratory to which it is direct…

(a) Hearings are governed by the provisions of §30-1-8 of this code and the legislative rules promulgated pursuant to this article. (b) The board may conduct the hearing or elect to have an administrative law judge conduct the hearing. (c) If the hearing is conducted by an admini…

A person adversely affected by a decision of the board denying an application or entered after a hearing may obtain judicial review of the decision in accordance with section four, article five, chapter twenty-nine-a of this code and may appeal any ruling resulting from judicial …

(a) When, as a result of an investigation under this article or otherwise, the board has reason to believe that a person has committed a criminal offense in violation of this article, the board may bring such information to the attention of an appropriate law-enforcement official…

In any action brought under this article, or under §30-4A-1 et seq. or §30-4B-1 et seq. of this code evidence of the commission of a single act prohibited by said article is sufficient to justify a penalty, injunction, restraining order or conviction without evidence of a general…

The provisions of this article do not apply to: (1) A licensed physician or surgeon in the practice of his or her profession when rendering dental relief in emergency cases, unless he or she undertakes to reproduce or reproduces lost parts of the human teeth or to restore or repl…

During a declared public health emergency, dentists and dental hygienists with a local anesthesia certificate, may administer vaccines, perform FDA-authorized diagnostic tests to screen patients for infectious diseases, triage medical patients, and perform other ancillary medical…

(a) The board shall issue the following permits: (1) Class 2 Permit: A Class 2 Permit authorizes a dentist to induce anxiolysis/minimal sedation. (2) Class 3 Permit: A Class 3 Permit authorizes a dentist to induce conscious sedation/moderate sedation as limited enteral (3a) and/o…

As used in §30-4-1 et seq., §30-4A-1 et seq., and §30-4B-1 et seq. of this code, the following words and terms have the following meanings: "AAOMS" means the American Association of Oral and Maxillofacial Surgeons; "AAPD" means the American Academy of Pediatric Dentistry; "ACLS" …

A dental laboratory or a dentist who engages in dental laboratory services and who fabricates any full upper or full lower set of prosthetic dentures shall affix upon the dentures, in a nonremovable manner, the name of the patient for whom the dentures are made and the initials o…

(a) The West Virginia Board of Dental Examiners is continued and on July 1, 2013, the board shall be renamed the West Virginia Board of Dentistry. The members of the board in office on the date this section takes effect shall, unless sooner removed, continue to serve until their …

(a) The board shall allow administration of relative analgesia/minimal sedation if the practitioner: (1) Is a licensed dentist in the state; (2) Holds valid and current documentation showing successful completion of a Health Care Provider BLS/CPR course; and (3) Has completed a t…

The board may review the dental laboratory services of a dental laboratory on a random and general basis without any requirement of a formal complaint or suspicion of impropriety.

The board has all the powers and duties set forth in this article, by rule, in article one of this chapter and elsewhere in law, including: (1) Hold meetings; (2) Establish procedures for submitting, approving and rejecting applications for a license, certificate and permit; (3) …

(a) The board shall issue a Class 2 Permit to an applicant who: (1) Is a licensed dentist in West Virginia; (2) Holds valid and current documentation showing successful completion of a Health Care Provider BLS/CPR; and (3) Has completed a board approved course of at least six hou…

(a) The board shall propose rules for legislative approval, in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement the provisions of this article and articles four-a and four-b of this chapter including: (1) Standards and requirements …

(a) The board shall issue or renew a Class 3 Permit to an applicant who: (1) Is a licensed dentist in West Virginia; (2) Holds valid and current documentation showing successful completion of a Health Care Provider BLS/CPR course, ACLS and/or a PALS course if treating pediatric p…

(a) All fees and other moneys, except administrative fines, received by the board shall be deposited in a separate special revenue fund in the State Treasury designated the Board of Dentists and Dental Hygienist Special Fund, which is continued and shall be known as the Board of …

(a) A Class 4 Permit permits the use of general anesthesia/deep conscious sedation, conscious sedation/moderate sedation and anxiolysis/minimal sedation. (b) The board shall issue or renew a Class 4 Permit to an applicant who: (1) Is a licensed dentist in West Virginia; (2) Holds…

(a) The board shall issue a license to practice dentistry to an applicant who meets the following: (1) Is at least 18 years of age; (2) Does not have any criminal convictions which would bar the applicant’s licensure pursuant to §30-1-24 of this code; (3) Is a graduate of and has…

(a) By making application to the board for an anesthesia permit, a dentist consents and authorizes the board to review his or her credentials, inspect or reinspect his or her facilities and investigate any alleged anesthesia mortalities, misadventure or other adverse occurrences.…

(a) The Board of Dentistry may issue a dental specialty license authorizing a dentist to represent himself or herself to the public as a specialist, and to practice as a specialist, upon proper application and fee for each specialty and as provided pursuant to the provisions of t…

(a) A person may not provide dental services through teledentistry to a patient who is located at an originating site in this state unless the person: (1) Is licensed pursuant to this article or registered pursuant to §30-1-1 et seq. of this code to practice dentistry or dental h…

(1) Coordinate dental services to meet the oral health needs of the patient; (2) Examine, evaluate and diagnose diseases, disorders and conditions of the oral cavity, maxillofacial area and adjacent and associated structures; (3) Treat diseases, disorders and conditions of the or…

(a) The in-office evaluation shall include: (1) Observation of one or more cases of anesthesia to determine the appropriateness of technique and adequacy of patient evaluation and care; (2) Inspection of facilities, which shall include but not be limited to, the inspection of equ…

This article shall be known as and may be cited as the "The Larry W. Border Pharmacy Practice Act".

(a) A licensed pharmacist may: (1) Provide care related to the interpretation, evaluation, and implementation of medical orders; (2) Dispense of prescription drug orders; participate in drug and device selection; (3) Provide drug administration; (4) Provide drug regimen review; (…

(a) To be eligible for registration as a pharmacy technician to assist in the practice of pharmacist care, the applicant shall: (1) Submit a written application to the board; (2) Pay the applicable fees; (3) Have graduated from high school or obtained a Certificate of General Edu…

(a) To be eligible for registration as a pharmacy technician trainee to assist in the practice of pharmacist care, the applicant shall: (1) Submit a written application to the board; (2) Pay the applicable fees; (3) (A) Have graduated from a high school or obtained a Certificate …

(a) A registered pharmacy technician shall, under the direct supervision of the licensed pharmacist, perform at a minimum the following: (1) Assist in the dispensing process; (2) Receive new written or electronic prescription drug orders; (3) Compound; (4) Stock medications; (5) …

(a) As used in this section: (1) "Brand name" means the proprietary or trade name selected by the manufacturer and placed upon a drug or drug product, its container, label, or wrapping at the time of packaging. (2) "Covered entity" means: (A) Any hospital or medical service organ…

(a) As used in this section: “Biological product” means the same as that term is defined in 42 U.S.C.§ 262. “Brand name” means the proprietary or trade name selected by the manufacturer and placed upon a drug or drug product, its container, label, or wrapping at the time of packa…

(a) To be eligible for a license to assist in the practice of pharmacist care as a pharmacy intern, the applicant shall be: (1) Enrolled and progressing to obtain a degree in a professional degree program of a school or college of pharmacy that has been approved by the board, and…

A pharmacist may not compound or dispense any prescription order when he or she has knowledge that the prescription was issued by a practitioner without establishing a valid practitioner-patient relationship. An online or telephonic evaluation by questionnaire, or an online or te…

(a) The board may by reciprocity license pharmacists in this state who have been authorized to practice pharmacist care in another state: Provided, That the applicant for licensure meets the requirements of the rules for reciprocity promulgated by the board in accordance with the…

(a) All persons regulated by this article shall annually or biannually, renew his or her board authorization by completing a form prescribed by the board and submitting any other information required by the board. (b) The board shall charge a fee for each renewal of an board auth…

(a) There is a special volunteer pharmacist license for pharmacists retired or retiring from the active practice of pharmacist care who wish to donate their expertise for the pharmacist care and treatment of indigent and needy patients in the clinical setting of clinics organized…

For a pharmacist to participate in a collaborative pharmacy practice agreement, the pharmacist shall: (a) Have an unrestricted and current license to practice as a pharmacist in West Virginia; (b) Personally have or have employer coverage of at least $1 million of professional li…

(a) A pharmacist engaging in collaborative pharmacy practice shall have on file at his or her place of practice the collaborative pharmacy practice agreement. The existence and subsequent termination of the agreement and any additional information the rules may require concerning…

(a) It is unlawful for any person in this state to practice or offer to practice pharmacist care without a license pursuant to the provisions of this article; or to practice or offer to assist in the practice of pharmacist care without being registered pursuant to the provisions …

(a) The board shall prescribe the form for an board authorization, and may issue a duplicate upon payment of a fee. (b) Any person regulated by the article shall conspicuously display his or her board authorization at his or her principal business location.

(a) All persons, whether licensed pharmacists or not, shall be responsible for the quality of all drugs, chemicals and medicines they may sell or dispense, with the exception of those sold in or dispensed unchanged from the original retail package of the manufacturer, in which ev…

(a) A pharmacy, an ambulatory health care facility, and a charitable clinic pharmacy shall register with the board. (b) A person desiring to operate, maintain, open, or establish a pharmacy shall register with the board. (c) To be eligible for a registration to operate, maintain,…

(a) A pharmacy shall be under the direction and supervision of a licensed pharmacist who shall be designated by the owner of the pharmacy as the pharmacist-in-charge: Provided, That the Board may permit by rule for a charitable clinic pharmacy to be supervised by a committee of p…

(a) A mail-order pharmacy which dispenses drugs shall register with the board. (b) A mail-order pharmacy shall submit an application for a permit to the board. The application shall require the following information: (1) The owner of the mail-order pharmacy, whether an individual…

(a) Drugs may not be manufactured, made, produced, packed, packaged or prepared within the state, except under the personal supervision of a pharmacist or other qualified person as may be approved by the board; (b) A person may not manufacture, package or prepare a drug without o…

A prescription order may not be dispensed after twelve months from the date of issuance by the practitioner. A pharmacist may fill the prescription after twelve months if the prescriber confirms to the pharmacist that he or she still wants the prescription filled and the pharmaci…