Virginia Code 54.1-3410.3: Accessible prescription labels.
A. For the purposes of this section, “prescription reader” means a device that is designed to audibly identify the prescription drug contained on the label of a prescription drug.
Terms Used In Virginia Code 54.1-3410.3
- Board: means the Board of Pharmacy. See Virginia Code 54.1-3401
- Device: means instruments, apparatus, and contrivances, including their components, parts, and accessories, intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or animals or to affect the structure or any function of the body of man or animals. See Virginia Code 54.1-3401
- dispense: includes only the provision of drugs by a practitioner to patients to take with them away from the practitioner's place of practice. See Virginia Code 54.1-3401
- Drug: means (i) articles or substances recognized in the official United States Pharmacopoeia National Formulary or official Homeopathic Pharmacopoeia of the United States, or any supplement to any of them; (ii) articles or substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or animals; (iii) articles or substances, other than food, intended to affect the structure or any function of the body of man or animals; (iv) articles or substances intended for use as a component of any article specified in clause (i), (ii), or (iii); or (v) a biological product. See Virginia Code 54.1-3401
- Label: means a display of written, printed, or graphic matter upon the immediate container of any article. See Virginia Code 54.1-3401
- Labeling: means all labels and other written, printed, or graphic matter on an article or any of its containers or wrappers, or accompanying such article. See Virginia Code 54.1-3401
- Person: means both the plural and singular, as the case demands, and includes an individual, partnership, corporation, association, governmental agency, trust, or other institution or entity. See Virginia Code 54.1-3401
- Prescription: means an order for drugs or medical supplies, written or signed or transmitted by word of mouth, telephone, telegraph, or other means of communication to a pharmacist by a duly licensed physician, dentist, veterinarian, or other practitioner authorized by law to prescribe and administer such drugs or medical supplies. See Virginia Code 54.1-3401
- Prescription drug: means any drug required by federal law or regulation to be dispensed only pursuant to a prescription, including finished dosage forms and active ingredients subject to § 503(b) of the Federal Food, Drug, and Cosmetic Act (Virginia Code 54.1-3401
B. A pharmacy shall notify each person who identifies themselves or a patient as blind, visually impaired, or otherwise print disabled to whom a prescription drug is dispensed that an accessible prescription label or alternate accommodation is available to the person upon request at no additional cost.
C. If a person informs the pharmacy that he is blind, visually impaired, or otherwise print disabled, and the person requests an accessible prescription label or accommodation, as determined between the pharmacist and the patient, the pharmacy shall:
1. Upon request of a person for an accessible prescription label, provide the person, either at the pharmacy or through mail order, an accessible prescription label fixable to the bottle or container that:
a. Is available to the person in a timely manner comparable to other patient wait times and will remain available for at least the duration of the prescription;
b. Utilizes audible or large print labels or enclosures that are appropriate to the disability and preference of the person making the request;
c. Seeks to attain best practice standards established by the U.S. Access Board; and
d. Is compatible with a prescription reader; or
2. As determined between the pharmacist and patient, provide appropriate counseling and accommodation to the patient and dispense the medication in suitable packaging with sufficient labeling and other information.
2024, c. 725.