Lewis, 040219 WVAGO, AGO 040219
|Docket Nº:||AGO 040219|
|Case Date:||April 02, 2019|
Where a larger retail establishment contains a pharmacy, does the authority of the West Virginia Board of Pharmacy extend to the entire premises, or only the specific area where drugs are dispensed or pharmacist care is provided?We conclude that the Board’s jurisdiction under W.Va. Code § 30-5-7 does not extend to different departments and areas of a larger store that contains a separate pharmacy area. Discussion The Board’s authority, which is set forth in Chapter 30, Article 5 of the West Virginia Code—the Pharmacy Practice Act—includes the power to promulgate rules for the “[r]egulation of pharmacies.” W.Va. Code § 30-5-7(23). As used within Article 5, a “pharmacy” means “any place within this state where drugs are dispensed and pharmacist care is provided and any place outside of this state where drugs are dispensed and pharmacist care is provided to residents of this state.” Id. § 30-5-4(53). The same code section also defines the two components of this definition: what it means for “drugs” to be dispensed and for “pharmacist care” to be provided. First, a “drug” is a substance that is (1) so recognized “by the United States Food and Drug Administration, or in any official compendium, or supplement”; (2) “designated by the board, for...
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