West Virginia Code 60B-1-2 – Authority and waivers
(a) A donor or eligible recipient may request a waiver or variance from the board with regard to any rule related to this program upon a showing that such action would be in the interest of public health and safety.
Terms Used In West Virginia Code 60B-1-2
- Board: means the West Virginia Board of Pharmacy. See West Virginia Code 60B-1-1
- Donor: The person who makes a gift.
- Donor: means any person, including an individual member of the public, or any entity legally authorized to possess drugs with a license or permit in good standing in the state in which it is located, including, but not limited to, a wholesaler or distributor, third party logistic provider, pharmacy, dispenser, clinic, surgical or health center, detention and rehabilitation center, laboratory, medical or pharmacy school, prescriber or other health care professional, or healthcare facility. See West Virginia Code 60B-1-1
- Drugs: means both prescription and nonprescription ("over-the-counter") drugs. See West Virginia Code 60B-1-1
- Eligible recipient: means a pharmacy, wholesaler, reverse distributor, hospital, federally qualified health center, nonprofit clinic, healthcare facility, an entity participating in a drug donation or repository program pursuant to another state's law, or private office of a healthcare professional that has been authorized by the West Virginia Board of Pharmacy. See West Virginia Code 60B-1-1
- Program: means the donated drug repository program established by rule pursuant to §. See West Virginia Code 60B-1-1
(b) The board and its rules have sole regulatory authority over the program. Notwithstanding any rule to the contrary:
(1) A person or entity may dispose of an eligible drug by donating it to an eligible recipient in accordance with the rules of this program.
(2) An eligible recipient including, but not limited to, a pharmacy may receive drugs from a donor in accordance with the rules of this program.
(3) An eligible recipient may accept donated drugs that are in tamper-evident packaging, including, but not limited to, drugs that have a tamper-evident seal on either their immediate, outer, secondary, or shipping container.
(4) An eligible recipient, including, but not limited to, a pharmacy, may receive, accept, replenish, repackage, and store donated drug samples in accordance with the rules of this program.