5A-10-1 Division created; purpose; director
5A-10-2 Leases for space to be made in accordance with article; exceptions
5A-10-3 Powers and duties of Real Estate Division
5A-10-3a Regulation of parking on state-owned or leased property in Charleston; creation of fund
5A-10-4 Leasing of space by executive director; delegation of authority
5A-10-5 Selection of grounds, etc.; acquisition by contract or lease; long-term leases
5A-10-6 Long-term leases of public lands for wireless communication towers
5A-10-7 Leases and other instruments for space signed by executive director; approval as to form; filing
5A-10-8 Inspection of leased property; requiring approval of executive director for permanent changes
5A-10-9 Real property accounting and records
5A-10-10 Real property review
5A-10-11 Rulemaking

Terms Used In West Virginia Code > Chapter 5A > Article 10

  • 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.
  • Ambulatory health care facility: includes any facility defined in section one, article five-b, chapter sixteen of this code, that also has a pharmacy, offers pharmacist care, or is otherwise engaged in the practice of pharmacist care. See West Virginia Code 30-5-4
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • 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.
  • Appendages: means the eyelids, the eyebrows, the conjunctiva and the lacrimal apparatus. See West Virginia Code 30-8-3
  • Applicant: means any person making application for a license, certificate or temporary permit under the provisions of this article. See West Virginia Code 30-8-3
  • Appraisal: A determination of property value.
  • Apprentice: means a person who is preparing to become a licensed funeral director and embalmer and is learning the practice of embalming, funeral directing or cremation under the direct supervision and personal instruction of a duly licensed embalmer or funeral director. 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
  • 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 Pharmacy. See West Virginia Code 30-5-4
  • 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 Examiners for Registered Professional Nurses. See West Virginia Code 30-7D-2
  • Board: means the West Virginia Board of Optometry. See West Virginia Code 30-8-3
  • Board: means the West Virginia Board of Optometry. See West Virginia Code 30-8A-1
  • Board authorization: means a license, registration or permit issued under this article. See West Virginia Code 30-5-4
  • Business entity: means any firm, partnership, association, company, corporation, limited partnership, limited liability company or other entity owned by licensees that practices optometry. See West Virginia Code 30-8-3
  • 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 eighteen-c of this code. 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
  • Certificate: means a prescription certificate issued under section fifteen of this article. See West Virginia Code 30-8-3
  • Certificate holder: means a person authorized to prescribe certain drugs under section fifteen of this article. See West Virginia Code 30-8-3
  • 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, an individual pharmacist or pharmacists and an individual patient or the patient's authorized representative who has given informed consent that provides for collaborative pharmacy practice for the purpose of drug therapy management of a patient, which has been approved by the board, the Board of Medicine in the case of an allopathic physician or the West Virginia Board of Osteopathic Medicine in the case of an osteopathic physician. See West Virginia Code 30-5-4
  • Collaborative relationship: means a working relationship, structured through a written agreement, in which an advanced practice registered nurse may prescribe drugs in collaboration with a qualified physician. See West Virginia Code 30-7-1
  • Commission: means the West Virginia Higher Education Policy Commission. See West Virginia Code 30-7B-1
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • 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

  • Contact Lens: means a lens placed directly on the surface of the eye, regardless of whether it is intended to correct a visual defect. See West Virginia Code 30-8A-1
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • 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 recremating 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 and includes a crematory that stands alone or is part of or associated with a funeral establishment. 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.
  • Designated facility: means a type of facility determined by the board as an environment in which medication assistive persons may serve in accordance with the requirements of this article and rules promulgated by the board. See West Virginia Code 30-7D-2
  • 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
  • Diagnostic contact lens: means a contact lens used to determine a proper contact lens fit. See West Virginia Code 30-8A-1
  • 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
  • Direct supervision: means supervision that occurs when a licensee is actually present in the building. See West Virginia Code 30-8A-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
  • 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 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
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • 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.
  • 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
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • 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:

    (1) 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
  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • 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 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: include any representation of words, letters or figures, whether by printing, engraving, writing or otherwise. See West Virginia Code 2-2-10
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • 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
  • 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.
  • judgment: includes decrees and orders for the payment of money or the conveyance or delivery of land or personal property, or some interest therein, or any undertaking, bond or recognizance which has the legal effect of a judgment. See West Virginia Code 2-2-10
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • 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
  • laws of the state: includes the Constitution of West Virginia and the Constitution of the United States, and treaties and laws made in pursuance thereof. See West Virginia Code 2-2-10
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • License: means a license, which is not transferable or assignable, to:

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

  • License: means a license to practice optometry. See West Virginia Code 30-8-3
  • Licensee: means a person holding a license issued under the provisions of this article. See West Virginia Code 30-6-3
  • Licensee: means an optometrist licensed under the provisions of this article. See West Virginia Code 30-8-3
  • Licensee: means a person who is authorized to engage in the practice of optometry under article eight, chapter thirty of this code. See West Virginia Code 30-8A-1
  • 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
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Long-Term care facility: means a nursing home, retirement care, mental care, or other facility or institution that provides extended health care to resident patients. See West Virginia Code 30-5-4
  • Mail-order pharmacy: means a pharmacy, regardless of its location, which dispenses greater than twenty-five percent 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 assistive person: means a person who is certified by the board to administer certain nonprescription and legend drugs in designated facilities. See West Virginia Code 30-7D-2
  • 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
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • 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.
  • oath: shall be deemed to include an affirmation and the word "swear" or "sworn" to be complied with if the person referred to make solemn affirmation. See West Virginia Code 2-2-7
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • offense: includes every act or omission for which a fine, forfeiture or punishment is imposed by law. See West Virginia Code 2-2-10
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • 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
  • permit: means a permit issued to a person who has graduated from an approved school, has taken the examination prescribed by the board, and is awaiting the results of the examination. See West Virginia Code 30-8-3
  • Permittee: means a person holding a temporary permit. See West Virginia Code 30-8-3
  • Person: means an individual, corporation, partnership, association or any other legal entity, including government. 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
  • personal representative: include the executor of a will, the administrator of the estate of a deceased person, the administrator of such estate with the will annexed, the administrator de bonis non of such estate, whether there be a will or not, the sheriff or other officer lawfully charged with the administration of the estate of a deceased person, and every other curator or committee of a decedent's estate for or against whom suits may be brought for causes of action which accrued to or against such decedent. See West Virginia Code 2-2-10
  • 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 related primary care: means the pharmacist's activities in patient education, health promotion, selection and use of over the counter drugs and appliances and referral or assistance with the prevention and treatment of health related issues and diseases. 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 of optometry: means the examining, diagnosing and treating of any visual defect or abnormal condition of the human eye or its appendages within the scope established in this article or associated rules. See West Virginia Code 30-8-3
  • 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
  • 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.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Quorum: The number of legislators that must be present to do business.
  • real property: include lands, tenements and hereditaments, all rights thereto and interests therein except chattel interests. See West Virginia Code 2-2-10
  • 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
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Service of process: The service of writs or summonses to the appropriate party.
  • 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.
  • Spectacles: means an optical instrument or device worn or used by an individual that has one or more lenses designed to correct or enhance vision to address the visual needs of the individual wearer. See West Virginia Code 30-8A-1
  • State: means the State of West Virginia. See West Virginia Code 30-6-3
  • 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
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Supervision: means the active oversight of patient care services while on the premises of a designated facility in a manner defined by the board. See West Virginia Code 30-7D-2
  • 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
  • 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 prescription: means one of the following, as applicable:

    (1) For a contact lens, a written or electronic order by a licensee who has conducted an examination and evaluation of a patient and has determined a satisfactory fit for the contact lens based on an analysis of the physiological compatibility of the lens or the cornea and the physical fit and refractive functionality of the lens on the patient's eye. See West Virginia Code 30-8A-1

  • Venue: The geographical location in which a case is tried.
  • 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