West Virginia Code 30-5-2 – Unlawful acts
(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 of this article. Further, it is unlawful to advertise or use any title or description tending to convey or give the impression that he or she is a pharmacist or pharmacy technician, unless the person is licensed or registered under the provisions of this article.
Terms Used In West Virginia Code 30-5-2
- Ambulatory health care facility: includes any facility defined in §. See West Virginia Code 30-5-4
- Charitable clinic pharmacy: means a clinic or facility organized as a not-for-profit corporation that has a pharmacy, offers pharmacist care, or is otherwise engaged in the practice of pharmacist care and dispenses its prescriptions free of charge to appropriately screened and qualified indigent patients. See West Virginia Code 30-5-4
- Person: means an individual, corporation, partnership, association, or any other legal entity, including government. See West Virginia Code 30-5-4
- Pharmacist: means an individual currently licensed by this state to engage in the practice of pharmacist care. See West Virginia Code 30-5-4
- Pharmacist Care: means the provision by a pharmacist of patient care activities, with or without the dispensing of drugs or devices, intended to achieve outcomes related to the cure or prevention of a disease, elimination, or reduction of a patient's symptoms, or arresting or slowing of a disease process and as provided for in section ten. See West Virginia Code 30-5-4
- Pharmacy: means any place within this state where drugs are dispensed and pharmacist care is provided and any place outside of this state where drugs are dispensed and pharmacist care is provided to residents of this state. See West Virginia Code 30-5-4
- Practitioner: means an individual authorized by a jurisdiction of the United States to prescribe drugs in the course of professional practices, as allowed by law. See West Virginia Code 30-5-4
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
(b) A business entity may not render any service or engage in any activity which, if rendered or engaged in by an individual, would constitute the practice of pharmacist care, except through a licensee.
(c) It is unlawful for the proprietor of a pharmacy or a ambulatory health care facility to permit a person, who is not a licensed pharmacist, to practice pharmacist care: Provided, That a charitable clinic pharmacy may permit a licensed prescribing practitioner to act in place of the pharmacist when no pharmacist is present in the charitable clinic.