Terms Used In West Virginia Code > Chapter 5 > Article 15 - White Cane Law

• Active Ingredients: means chemicals, substances, or other components of articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of diseases in humans or animals or for use as nutritional supplements. See West Virginia Code 30-5-4
• Administer: means the direct application of a drug to the body of a patient or research subject by injection, inhalation, ingestion, or any other means. See West Virginia Code 30-5-4
• Advanced practice registered nurse: means a registered nurse who has acquired advanced clinical knowledge and skills preparing him or her to provide direct and indirect care to patients as a certified nurse practitioner, certified nurse-midwife, certified registered nurse anesthetist, or clinical nurse specialist, who has completed a board-approved graduate-level education program and who has passed a board-approved national certification examination. See West Virginia Code 30-7-1
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Alkaline hydrolysis: means the reduction of a dead human body to essential elements through a water-based dissolution process using alkaline chemicals, heat, agitation, and pressure to accelerate natural decomposition. See West Virginia Code 30-6-3
• Ambulatory health care facility: includes any facility defined in §. See West Virginia Code 30-5-4
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Apprentice: means a person who is preparing to become a licensed funeral director or a funeral service licensee and is learning the practice of embalming, funeral directing, or cremation under the direct supervision and personal instruction of a duly licensed funeral service licensee. See West Virginia Code 30-6-3
• Approved dialysis technician training program: means any board approved program used to train dialysis technicians including, but not limited to, a Board approved dialysis facility-sponsored training program or another state approved program. See West Virginia Code 30-7C-1
• Authorized representative: means a person legally authorized or entitled to order the cremation or burial of the deceased, as established by rule. See West Virginia Code 30-6-3
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Board: means the West Virginia Board of Funeral Service Examiners. See West Virginia Code 30-6-3
• Board: means the West Virginia Board of Examiners for Registered Professional Nurses. See West Virginia Code 30-7-1
• board: as used in this article , shall mean the board of examiners for licensed practical nurses as set forth in section five of this article. See West Virginia Code 30-7A-1
• Board: means the Board of Directors for the West Virginia Center for Nursing. See West Virginia Code 30-7B-1
• Board: means the West Virginia Board of Examiners for Registered Professional Nurses. See West Virginia Code 30-7C-1
• Board: means the West Virginia Board of Pharmacy. See West Virginia Code 30-5-4
• Board authorization: means a license, registration, or permit issued under this article. See West Virginia Code 30-5-4
• Center: means the West Virginia Center for Nursing. See West Virginia Code 30-7B-1
• Center for Nursing Fund: means the special revenue account established in section four, article three, chapter . See West Virginia Code 30-7B-1
• Certificate: means a certification by the board to be a crematory operator. See West Virginia Code 30-6-3
• Chain Pharmacy Warehouse: means a permanent physical location for drugs or devices that acts as a central warehouse and performs intracompany sales and transfers of prescription drugs or devices to chain pharmacies, which are members of the same affiliated group, under common ownership and control. 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
• Collaborative pharmacy practice agreement: is a written and signed agreement, which is a physician directed approach, that is entered into between an individual physician or physician group, or for a medical provider in training where the agreement is signed by the supervising physician or chairperson of the medical department where the medical provider in training is practicing, and an individual pharmacist or pharmacists that provides for collaborative pharmacy practice for the purpose of drug therapy management of a patient. See West Virginia Code 30-5-4
• Commission: means the West Virginia Higher Education Policy Commission. See West Virginia Code 30-7B-1
• Common Carrier: means any person or entity who undertakes, whether directly or by any other arrangement, to transport property including prescription drugs for compensation. See West Virginia Code 30-5-4
• common control: means the power to direct or cause the direction of the management and policies of a person or an organization, whether by ownership of stock, voting rights, by contract, or otherwise. See West Virginia Code 30-5-4
• Component: means any active ingredient or added substance intended for use in the compounding of a drug product, including those that may not appear in such product. See West Virginia Code 30-5-4
• 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

• Continuance: Putting off of a hearing ot trial until a later time.
• Conviction: A judgement of guilt against a criminal defendant.
• cremains: means all human remains, including foreign matter cremated with the human, recovered after the completion of cremation. See West Virginia Code 30-6-3
• Cremation: means the mechanical or thermal process whereby a dead human body is reduced to ashes and bone fragments and then further reduced by additional pulverization, burning, or re-cremating when necessary. See West Virginia Code 30-6-3
• Crematory: means a licensed place of business where a deceased human body is reduced to ashes and bone fragments. See West Virginia Code 30-6-3
• Crematory operator: means a person certified by the board to operate a crematory. See West Virginia Code 30-6-3
• Crematory operator in charge: means a certified crematory operator who accepts responsibility for the operation of a crematory. See West Virginia Code 30-6-3
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deceased: means a dead human being for which a death certificate is required. See West Virginia Code 30-6-3
• Decedent: A deceased person.
• delivery: means the actual, constructive, or attempted transfer of a drug or device from one person to another, whether or not for a consideration. See West Virginia Code 30-5-4
• Dependent: A person dependent for support upon another.
• Device: means an instrument, apparatus, implement or machine, contrivance, implant or other similar or related article, including any component part or accessory, which is required under federal law to bear the label, "Caution: Federal or state law requires dispensing by or on the order of a physician. See West Virginia Code 30-5-4
• Dialysis care: means performing and monitoring dialysis procedures which includes initiating and discontinuing dialysis, drawing blood, and administering medications authorized under section seven of this article. See West Virginia Code 30-7C-1
• Dialysis technician trainee: means an individual enrolled in an approved dialysis technician program. See West Virginia Code 30-7C-1
• Direct patient care: means the provision of services to a sick, injured, mentally or physically disabled, elderly or fragile patient that requires some degree of interaction with that patient. See West Virginia Code 30-7-1
• Direct supervision: means initial and ongoing direction, procedural guidance, observation and evaluation, and the on-site presence of a registered nurse or physician. See West Virginia Code 30-7C-1
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• 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
• 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
• Drop shipment: means the sale of a prescription drug to a wholesale distributor by the manufacturer of the prescription drug or by that manufacturer's colicensed product partner, that manufacturer's third-party logistics provider, that manufacturer's exclusive distributor, or by an authorized distributor of record that purchased the product directly from the manufacturer or from one of these entities whereby:

  (A) The wholesale distributor takes title to but not physical possession of such prescription drug. 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

• Drug regimen review: includes , but is not limited to, the following activities:

  (A) Evaluation of the prescription drug orders and if available, patient records for:

  (i) Known allergies. See West Virginia Code 30-5-4

• Drug therapy management: means the review of drug therapy regimens of patients by a pharmacist for the purpose of evaluating and rendering advice to a physician regarding adjustment of the regimen in accordance with the collaborative pharmacy practice agreement. See West Virginia Code 30-5-4
• E-prescribing: means the transmission, using electronic media, of prescription or prescription-related information between a practitioner, pharmacist, pharmacy benefit manager, or health plan as defined in 45 CFR §. See West Virginia Code 30-5-4
• Electronic data intermediary: means an entity that provides the infrastructure to connect a computer system, hand-held electronic device, or other electronic device used by a prescribing practitioner with a computer system or other electronic device used by a pharmacy to facilitate the secure transmission of:

  (A) An electronic prescription order. See West Virginia Code 30-5-4

• Electronic Signature: means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. See West Virginia Code 30-5-4
• Electronic transmission: means transmission of information in electronic form or the transmission of the exact visual image of a document by way of electronic equipment. See West Virginia Code 30-5-4
• Embalmer: means a person licensed to practice embalming. See West Virginia Code 30-6-3
• Embalming: means the practice of introducing chemical substances, fluids, or gases used for the purpose of preservation or disinfection into the vascular system or hollow organs of a dead human body by arterial or hypodermic injection for the restoration of the physical appearance of a deceased. See West Virginia Code 30-6-3
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• Exclusive distributor: means an entity that:

  (A) Contracts with a manufacturer to provide or coordinate warehousing, wholesale distribution, or other services on behalf of a manufacturer and who takes title to that manufacturer's prescription drug, but who does not have general responsibility to direct the sale or disposition of the manufacturer's prescription drug. See West Virginia Code 30-5-4

• Facility: means any entity that is certified by the Office of Health Facilities Licensure and Certification to provide dialysis services. See West Virginia Code 30-7C-1
• Fraud: Intentional deception resulting in injury to another.
• Funeral: means a service, ceremony, or rites performed for the deceased with a body present. See West Virginia Code 30-6-3
• Funeral directing: means the business of engaging in the following:

  (a) The shelter, custody, or care of a deceased. See West Virginia Code 30-6-3

• Funeral director: means a person licensed to practice funeral directing. See West Virginia Code 30-6-3
• Funeral establishment: means a licensed place of business devoted to the care, preparation, and arrangements for the transporting, embalming, funeral, burial, or other disposition of a deceased. See West Virginia Code 30-6-3
• Funeral service licensee: means a person licensed after July 1, 2003, to practice embalming and funeral directing. See West Virginia Code 30-6-3
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Health care entity: means a person that provides diagnostic, medical, pharmacist care, surgical, dental treatment, or rehabilitative care but does not include a wholesale distributor. See West Virginia Code 30-5-4
• Health information: means any information, whether oral or recorded in a form or medium, that:

  (A) Is created or received by a health care provider, health plan, public health authority, employer, life insurer, school or university, or health care clearinghouse, and

  (B) Relates to the past, present, or future physical or mental health or condition of an individual. 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
• in writing: includes any representation of words, letters, or figures, whether by printing, engraving, writing, or otherwise. See West Virginia Code 2-2-10
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Intern: means an individual who is currently licensed to engage in the practice of pharmacist care while under the supervision of a pharmacist. See West Virginia Code 30-5-4
• Intracompany sales: means any transaction between a division, subsidiary, parent, or affiliated or related company under the common ownership and control of a corporate or other legal business entity. See West Virginia Code 30-5-4
• Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
• 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
• Labeling: means the process of preparing and affixing a label to a drug container exclusive, however, of a labeling by a manufacturer, packer, or distributor of a nonprescription drug or commercially packaged prescription drug or device. See West Virginia Code 30-5-4
• License: means a license, which is not transferable or assignable, to:

  (a) Practice embalming and funeral directing. See West Virginia Code 30-6-3

• Licensee: means a person holding a license issued under the provisions of this article. See West Virginia Code 30-6-3
• Licensee in charge: means a licensed embalmer and funeral director who accepts responsibility for the operation of a funeral establishment. See West Virginia Code 30-6-3
• Mail-order pharmacy: means a pharmacy, regardless of its location, which dispenses greater than 25 percent of its prescription drugs via the mail or other delivery services. 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
• Manufacturing: means the production, preparation, propagation, or processing of a drug or device, either directly or indirectly, by extraction from substances of natural origin or independently by means of chemical or biological synthesis and includes any packaging or repackaging of the substance or substances or labeling or relabeling of its contents and the promotion and marketing of the drugs or devices. See West Virginia Code 30-5-4
• Medication therapy management: is a distinct service or group of services that optimize medication therapeutic outcomes for individual patients. See West Virginia Code 30-5-4
• Memorial service: means a service, ceremony, or rites performed for the deceased without a body present. See West Virginia Code 30-6-3
• Mortuary: means a licensed place of business devoted solely to the shelter, care, and embalming of the deceased. See West Virginia Code 30-6-3
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Nonprescription drug: means a drug which may be sold without a prescription and which is labeled for use by the consumer in accordance with the requirements of the laws and rules of this state and the federal government. See West Virginia Code 30-5-4
• Normal distribution channel: means a chain of custody for a prescription drug that goes directly or by drop shipment, from a manufacturer of the prescription drug, the manufacturer's third-party logistics provider, or the manufacturer's exclusive distributor to:

  (A) A wholesale distributor to a pharmacy to a patient or other designated persons authorized by law to dispense or administer such prescription drug to a patient. See West Virginia Code 30-5-4

• Oversight: Committee review of the activities of a Federal agency or program.
• Patient counseling: means the communication by the pharmacist of information, as prescribed further in the rules of the board, to the patient to improve therapy by aiding in the proper use of drugs and devices. See West Virginia Code 30-5-4
• Person: means an individual, partnership, association, corporation, not-for-profit organization, or any other organization. See West Virginia Code 30-6-3
• 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
• 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
• Pharmacy Technician: means a person registered with the board to practice certain tasks related to the practice of pharmacist care as permitted by the board. See West Virginia Code 30-5-4
• Physician: means an individual currently licensed, in good standing and without restrictions, as an allopathic physician by the West Virginia Board of Medicine or an osteopathic physician by the West Virginia Board of Osteopathic Medicine. See West Virginia Code 30-5-4
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• practical nurse: means a person who has met all the requirements for licensure as a practical nurse and who engages in practical nursing as hereinabove defined. See West Virginia Code 30-7A-1
• practical nursing: means the performance for compensation of selected nursing acts in the care of the ill, injured, or infirm under the direction of a registered professional nurse or a licensed physician or a licensed dentist, and not requiring the substantial specialized skill, judgment and knowledge required in professional nursing. See West Virginia Code 30-7A-1
• Practice notification: means a written notice to the appropriate licensing board that an individual physician or physician group or a medical provider in training where the agreement is signed by the supervising physician or chairperson of the medical department where the medical provider in training is practicing, and an individual pharmacist or pharmacists will practice in collaboration. See West Virginia Code 30-5-4
• Practice of telepharmacy: means the provision of pharmacist care by properly licensed pharmacists located within United States jurisdictions through the use of telecommunications or other technologies to patients or their agents at a different location that are located within United States jurisdictions. 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
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Prescription drug: means any human drug required by federal law or regulation to be dispensed only by prescription, including finished dosage forms and active ingredients subject to section 503(b) of the federal Food, Drug and Cosmetic Act. See West Virginia Code 30-5-4
• Prescription or prescription drug order: means a lawful order from a practitioner for a drug or device for a specific patient, including orders derived from collaborative pharmacy practice, where a valid patient-practitioner relationship exists, that is communicated to a pharmacist in a pharmacy. See West Virginia Code 30-5-4
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Product Labeling: means all labels and other written, printed, or graphic matter upon any article or any of its containers or wrappers, or accompanying such article. See West Virginia Code 30-5-4
• Quorum: The number of legislators that must be present to do business.
• registered professional nursing: means the performance for compensation of any service requiring substantial specialized judgment and skill based on knowledge and application of principles of nursing derived from the biological, physical and social sciences, such as responsible supervision of a patient requiring skill in observation of symptoms and reactions and the accurate recording of the facts, or the supervision and teaching of other persons with respect to such principles of nursing, or in the administration of medications and treatments as prescribed by a licensed physician, a licensed dentist or a licensed advanced practice registered nurse, or the application of such nursing procedures as involve understanding of cause and effect in order to safeguard life and health of a patient and others. See West Virginia Code 30-7-1
• Registration: means a registration issued by the board to be an apprentice to learn the practice of embalming, funeral directing, or cremation. See West Virginia Code 30-6-3
• Repackage: means changing the container, wrapper, quantity, or product labeling of a drug or device to further the distribution of the drug or device. See West Virginia Code 30-5-4
• Repackager: means a person who repackages. See West Virginia Code 30-5-4
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• State: means the State of West Virginia. See West Virginia Code 30-6-3
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Subpoena duces tecum: A command to a witness to produce documents.
• Temporary permit: means a permit authorizing the holder to practice registered professional nursing in this state until such permit is no longer effective or the holder is granted a license by the West Virginia State Board of Examiners for Registered Professional Nurses. See West Virginia Code 30-7-1
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Third-party logistics provider: means a person who contracts with a prescription drug manufacturer to provide or coordinate warehousing, distribution, or other services on behalf of a manufacturer, but does not take title to the prescription drug or have general responsibility to direct the prescription drug's sale or disposition. See West Virginia Code 30-5-4
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Valid patient-practitioner relationship: means the following have been established:

  (A) A patient has a medical complaint. See West Virginia Code 30-5-4

• video lottery license: means authorization granted by the commission pursuant to this article to a person permitting that person to engage in the activity for which the license was issued. See West Virginia Code 29-22B-314
• West Virginia dialysis technician or dialysis technician: means an individual certified by the board who has successfully completed an approved dialysis technician training program and who has achieved national certification as a dialysis technician, or an individual who meets the requirements set forth in subsection (b), section three of this article. See West Virginia Code 30-7C-1
• wholesale distributor: means any person or entity engaged in wholesale distribution of prescription drugs, including, but not limited to, manufacturers, repackers, own-label distributors, jobbers, private-label distributors, brokers, warehouses, including manufacturers' and distributors' warehouses, chain drug warehouses and wholesale drug warehouses, independent wholesale drug traders, prescription drug repackagers, physicians, dentists, veterinarians, birth control and other clinics, individuals, hospitals, nursing homes and/or their providers, health maintenance organizations and other health care providers, and retail and hospital pharmacies that conduct wholesale distributions, including, but not limited to, any pharmacy distributor as defined in this section. See West Virginia Code 30-5-4