(a) A pharmacy, an ambulatory health care facility, and a charitable clinic pharmacy shall register with the board.

Terms Used In West Virginia Code 30-5-22

  • Ambulatory health care facility: includes any facility defined in §. See West Virginia Code 30-5-4
  • Board: means the West Virginia Board of Pharmacy. 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
  • Distribution: means to sell, offer to sell, deliver, offer to deliver, broker, give away, or transfer a drug, whether by passage of title, physical movement, or both. 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-in-charge: means a pharmacist currently licensed in this state who accepts responsibility for the operation of a pharmacy in conformance with all laws and legislative rules pertinent to the practice of pharmacist care and the distribution of drugs and who is personally in full charge of the pharmacy and pharmacy personnel. 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
  • 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 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, open or establish a pharmacy the applicant shall:

(1) Submit a written application to the board;

(2) Pay all applicable fees;

(3) Designate a pharmacist-in-charge; and

(4) Successfully complete an inspection by the board.

(d) A separate application shall be made and separate registration issued for each location.

(e) Registration is not transferable.

(f) Registration expire and shall be renewed annually.

(g) If a registration expires, the pharmacy shall be reinspected and an inspection fee is required.

(h) A registrant shall employ a pharmacist-in-charge and operate in compliance with the legislative rules governing the practice of pharmacist care and the operation of a pharmacy.

(i) The provisions of this section do not apply to the sale of nonprescription drugs which are not required to be dispensed pursuant to a practitioner’s prescription.

(j) The provisions of this section do not apply to the sale or distribution of dialysate, drugs or devices necessary to perform home peritoneal renal dialysis to patients with end state renal disease, provided the requirements of § 30-5-29 of this code are met.