§ 30-5-21 — Responsibility for quality of drugs dispensed; exception; falsification of labels; deviation from prescription

West Virginia § 30-5-21

• Jurisdiction: West Virginia
• Ch. 30: PROFESSIONS AND OCCUPATIONS
• Art. 5: PHARMACISTS, PHARMACY TECHNICIANS, PHARMACY INTERNS AND PHARMACIES

Text

(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.

(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.

Legislative History

2013 Reg. Sess., HB2577; 2011 Reg. Sess., HB2513; 2008 Reg. Sess., SB722; 1995 Reg. Sess., HB2451; 1951 Reg. Sess., SB55; 1939 Reg. Sess., SB106