WEST virginia legislature
2025 regular session
Engrossed
Committee Substitute
for
Senate Bill 526
By Senators Chapman and Rose
[Reported March 11, 2025, from the Committee on Government Organization]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new article, designated §30-5A-1, §30-5A-2, §30-5A-3, and §30-5A-4, relating to creating the Pharmacist Prescribing Authority Act; authorizing pharmacists to prescribe low-risk medications to patients; listing the limitations of the prescriptions that fall under that authority; and exempting addition to scope of pharmacy practice from sunrise review.
Be it enacted by the Legislature of West Virginia:
## Article 5A. Pharmacist Prescribing authority act.
This Act shall be known and may be cited as the Pharmacist Prescribing Authority Act.
The purpose of this Act is to authorize pharmacists to practice the full extent of their education and training to prescribe low-risk medications to patients.
The scope of the practice of pharmacy includes all of §30-5-1 et seq. of this code, as well as the prescribing of drugs, drug categories, or devices, excluding controlled substances, that are prescribed in accordance with the product’s federal Food and Drug Administration-approved labeling and that are limited to conditions for which a relevant patient medication history has been taken and:
(1) Do not require a new diagnosis; or
(2) Have a test that is used to guide diagnosis or clinical decision-making that is waived under the federal Clinical Laboratory Improvement Amendments of 1988 that indicates the existence of a condition that is minor and generally self-limiting; or
(3) In the professional judgment of the pharmacist, are patient emergencies.
(4) The pharmacist may, within 72 hours, notify the patient’s primary care physician, if identified, of the test result and any permissible drug, drug categories, or devices that are prescribed.
(5) Any prescription dispensed or prescribed pursuant to this article is limited to up to a 30-day supply within a six-month period: Provided, That if more than 10 days is prescribed or dispensed, then the pharmacist shall notify the primary care physician, if identified.
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