W. Va. Code R. § 15-11-3 - Pharmacy Requirements

3.1. Schedule V pseudoephedrine products may be sold, delivered, or provided only in licensed pharmacies, behind the pharmacy counter, by a pharmacist, registered pharmacy intern, or registered pharmacy technician. This limitation applies to consumer transactions or dispensings, and does not apply to wholesale or distribution transactions between licensed manufactures, wholesale drug distributors, pharmacies or other healthcare practitioners holding the products as stock. Schedule V pseudoephedrine products may not be sold, delivered, or provided to any person who is under the age of eighteen.

3.2. The pharmacy, pharmacist, registered pharmacy intern, and registered pharmacy technician with access to the Schedule V pseudoephedrine products have an affirmative duty to guard against the theft and diversion of the products.

3.3. Apharmacy that sells Schedule V pseudoephedrine products shall offer patient counseling for each transaction, and require the person purchasing, receiving or otherwise acquiring the drug product to:

3.3.a. Produce a valid government-issued photo identification showing his or her date of birth. Examples of acceptable forms of ID include, but are not limited to: driver's licenses, non-driver identification cards, passports, and military IDs; and

3.3.b.Sign a logbook containing the information required by subsection 4.1 of this rule and attesting to the validity of the information. The signature may be captured electronically and the information maintained as an electronic record as long as a hard copy may be produced upon request.

3.4. The pharmacy, pharmacist, registered pharmacy intern, and/or registered pharmacy technician involved in the sale of the product have the responsibility to ensure that the information required in this rule provided by the customer is recorded accurately as indicated on the required government-issued photo identification.

3.5. The bound record book kept for distribution of Schedule V exempt narcotics pursuant to West Virginia Board of Pharmacy Rule, Rules of the Board of Pharmacy for the Uniform Controlled Substances Act, 15 CSR 2.7.19.1(e), may be used for recording the information required by this rule.

Notes

W. Va. Code R. § 15-11-3