Does the PIC of a Nonresident
Pharmacy Also Have to Be the PIC of
the West Virginia Mail-Order Permit?
Although West Virginia Code §30-5-23 requires each
pharmacy to have a pharmacist-in-charge (PIC) who is
responsible for the pharmacy’s compliance, which has
long been the law in this state, and although the law
requires pharmacists practicing pharmacist care in West
Virginia, including dispensing into this state from outside
of this state, to have a West Virginia pharmacist’s license,
the Board in the past found that most nonresident mailorder
pharmacies had no one licensed in West Virginia.
In 2013, the West Virginia Legislature amended the
Pharmacy Practice Act and added language to the Board’s
rulemaking authority to make it clear that nonresident
pharmacies dispensing into West Virginia, ie, mail-order
pharmacies, must have a PIC licensed to practice in West
Virginia (see West Virginia Code §30-5-7(a)(13)). That
provision, effective July 1, 2013, also gives the Board
the authority to provide differently in some respects by
rule. So, as a reasonable accommodation to nonresident
pharmacies, West Virginia Code §30-5-7(a)(13) allows
for just the nonresident PIC to be licensed in West Virginia,
and all the other pharmacists in that pharmacy to
just hold a license in the home state where the mail-order
pharmacy is located. The Board set a full implementation
date of July 1, 2014, to allow pharmacists to get license
transfers done; further, for the first couple of years of
this new enforcement, the Board has not required the
actual PIC of the nonresident pharmacy to be the PIC of
the mail-order permit, but, if it so chooses, allows the
nonresident mail-order pharmacy to have any pharmacist
on staff working there to get licensed in West Virginia
and take responsibility as PIC for the mail-order permit,
and, as such, be considered the PIC for all prescriptions
dispensed into this state. So, while in a perfect world it
would be one pharmacist as PIC of the pharmacy and PIC
of the mail-order permit, and it can be so, the Board has
allowed some flexibility as it adjusts to this new statute.
quoted from here
quoted from here
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