WEST virginia legislature

2017 regular session

Committee Substitute

for

Senate Bill 507

By Senators Cline, Maynard, Ojeda, Rucker, Smith, Swope, Takubo and Stollings

[Originating in the Committee on Banking and Insurance; reported on March 21, 2017]

 

 

A BILL to amend and reenact §30-5-10 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §30-5-12c, all relating to permitting pharmacists to inform customers about lower cost alternatives for their prescription, dispense and deliver such alternatives, and to inform customers if their copay exceeds the cost for their prescription; expanding permissible scope of practice for licensed pharmacists; and declaring public policy.

Be it enacted by the Legislature of West Virginia:

That §30-5-10 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and to amend said code by adding thereto a new section, designated §30-5-12c, all to read as follows:

ARTICLE 5. PHARMACISTS, PHARMACY TECHNICIANS, PHARMACY INTERNS AND PHARMACIES.

§30-5-10. Scope practice for licensed pharmacist;

(a) A licensed pharmacist may:

(1) Provide care related to the interpretation, evaluation, and implementation of medical orders;

(2) Dispense of prescription drug orders; participate in drug and device selection;

(3) Provide drug administration;

(4) Provide drug regimen review;

(5) Provide drug or drug-related research;

(6) Perform patient counseling;

(7) Provide pharmacy related primary care;

(8) Provide pharmacist care in all areas of patient care, including collaborative pharmacy practice;

(9) Compound and label drugs and drug devices;

(10) Proper and safe storage of drugs and devices;

(11) Maintain proper records;

(12) Provide patient counseling concerning the therapeutic value and proper use of drugs and devices;

(13) Order laboratory tests in accordance with drug therapy management; and

(14) Provide medication therapy management;

(15) Inform customers about lower cost alternatives for their prescription, including but not limited to biosimilar and generic drugs, and dispense and deliver such alternatives: Provided: That any therapeutic equivalent drug is authorized by the prescriber before it is dispensed; and

(16) Inform customers if their copay exceeds the cost for their prescription.

(b) A licensee meeting the requirements as promulgated by legislative rule may administer immunizations.

(c) The sale of any medicine, if the contents of its container, or any part thereof, taken at one time, are likely to prove poisonous, deleterious, or habit-forming is prohibited by any person other than a registered pharmacist, who shall take precautions to acquaint the purchaser of the nature of the medicine at the time of sale.

§30-5-12c. Public policy declaration.

It is declared to be the public policy of the State of West Virginia that pharmacy customers be able to receive information that enables them to make informed decisions about the cost to fill their prescription.

 

NOTE: The purpose of this bill is to permit pharmacists to inform customers about lower cost alternatives for their prescription and whether their copay exceeds the prescription cost.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.