West Virginia Code 30-5-21 – Responsibility for quality of drugs dispensed; exception; falsification of labels; deviation from prescription
(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 event the manufacturer shall be responsible.
Terms Used In West Virginia Code 30-5-21
- Compounding: means :
(A) The preparation, mixing, assembling, packaging, or labeling of a drug or device:
(i) As the result of a practitioner's prescription drug order or initiative based on the practitioner/patient/pharmacist relationship in the course of professional practice for sale or dispensing. See West Virginia Code 30-5-4
- dispensing: means the interpretation, evaluation, and implementation of a prescription drug order, including the preparation, verification, and delivery of a drug or device to a patient or patient's agent in a suitable container appropriately labeled for subsequent administration to, or use by, a patient. See West Virginia Code 30-5-4
- Drug: means :
(A) Articles recognized as drugs by the United States Food and Drug Administration, or in any official compendium, or supplement. See West Virginia Code 30-5-4
- Immediate container: means a container and does not include package liners. See West Virginia Code 30-5-4
- Label: means a display of written, printed, or graphic matter upon the immediate container of any drug or device. See West Virginia Code 30-5-4
- Manufacturer: means any person who is engaged in manufacturing, preparing, propagating, processing, packaging, repackaging, or labeling of a prescription drug, whether within or outside 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
(b) Except as provided in section twelve-b of this article, the following acts shall be prohibited:
(1) The falsification of any label upon the immediate container, box and/or package containing a drug;
(2) The substitution or the dispensing of a different drug in lieu of any drug prescribed in a prescription without the approval of the practitioner authorizing the original prescription: Provided, That this may not be construed to interfere with the art of prescription compounding which does not alter the therapeutic properties of the prescription or appropriate generic substitute;
(3) The filling or refilling of any prescription for a greater quantity of any drug or drug product than that prescribed in the original prescription without a written or electronic order or an oral order reduced to writing, or the refilling of a prescription without the verbal, written or electronic consent of the practitioner authorizing the original prescription.