Terms Used In West Virginia Code > Chapter 30 > Article 5 - Pharmacists, Pharmacy Technicians, Pharmacy Interns and Pharmacies

• Active Ingredients: means chemicals, substances, or other components of articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of diseases in humans or animals or for use as nutritional supplements. See West Virginia Code 30-5-4
• Administer: means the direct application of a drug to the body of a patient or research subject by injection, inhalation, ingestion, or any other means. See West Virginia Code 30-5-4
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Ambulatory health care facility: includes any facility defined in §. See West Virginia Code 30-5-4
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Board: means the West Virginia Board of Pharmacy. See West Virginia Code 30-5-4
• Board authorization: means a license, registration, or permit issued under this article. See West Virginia Code 30-5-4
• Chain Pharmacy Warehouse: means a permanent physical location for drugs or devices that acts as a central warehouse and performs intracompany sales and transfers of prescription drugs or devices to chain pharmacies, which are members of the same affiliated group, under common ownership and control. See West Virginia Code 30-5-4
• Charitable clinic pharmacy: means a clinic or facility organized as a not-for-profit corporation that has a pharmacy, offers pharmacist care, or is otherwise engaged in the practice of pharmacist care and dispenses its prescriptions free of charge to appropriately screened and qualified indigent patients. See West Virginia Code 30-5-4
• Collaborative pharmacy practice agreement: is a written and signed agreement, which is a physician directed approach, that is entered into between an individual physician or physician group, or for a medical provider in training where the agreement is signed by the supervising physician or chairperson of the medical department where the medical provider in training is practicing, and an individual pharmacist or pharmacists that provides for collaborative pharmacy practice for the purpose of drug therapy management of a patient. See West Virginia Code 30-5-4
• Common Carrier: means any person or entity who undertakes, whether directly or by any other arrangement, to transport property including prescription drugs for compensation. See West Virginia Code 30-5-4
• common control: means the power to direct or cause the direction of the management and policies of a person or an organization, whether by ownership of stock, voting rights, by contract, or otherwise. See West Virginia Code 30-5-4
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Component: means any active ingredient or added substance intended for use in the compounding of a drug product, including those that may not appear in such product. See West Virginia Code 30-5-4
• Compounding: means :

  (A) The preparation, mixing, assembling, packaging, or labeling of a drug or device:

  (i) As the result of a practitioner's prescription drug order or initiative based on the practitioner/patient/pharmacist relationship in the course of professional practice for sale or dispensing. See West Virginia Code 30-5-4

• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• delivery: means the actual, constructive, or attempted transfer of a drug or device from one person to another, whether or not for a consideration. See West Virginia Code 30-5-4
• Dependent: A person dependent for support upon another.
• Device: means an instrument, apparatus, implement or machine, contrivance, implant or other similar or related article, including any component part or accessory, which is required under federal law to bear the label, "Caution: Federal or state law requires dispensing by or on the order of a physician. See West Virginia Code 30-5-4
• dispensing: means the interpretation, evaluation, and implementation of a prescription drug order, including the preparation, verification, and delivery of a drug or device to a patient or patient's agent in a suitable container appropriately labeled for subsequent administration to, or use by, a patient. See West Virginia Code 30-5-4
• Distribution: means to sell, offer to sell, deliver, offer to deliver, broker, give away, or transfer a drug, whether by passage of title, physical movement, or both. See West Virginia Code 30-5-4
• Drop shipment: means the sale of a prescription drug to a wholesale distributor by the manufacturer of the prescription drug or by that manufacturer's colicensed product partner, that manufacturer's third-party logistics provider, that manufacturer's exclusive distributor, or by an authorized distributor of record that purchased the product directly from the manufacturer or from one of these entities whereby:

  (A) The wholesale distributor takes title to but not physical possession of such prescription drug. See West Virginia Code 30-5-4

• Drug: means :

  (A) Articles recognized as drugs by the United States Food and Drug Administration, or in any official compendium, or supplement. See West Virginia Code 30-5-4

• Drug regimen review: includes , but is not limited to, the following activities:

  (A) Evaluation of the prescription drug orders and if available, patient records for:

  (i) Known allergies. See West Virginia Code 30-5-4

• Drug therapy management: means the review of drug therapy regimens of patients by a pharmacist for the purpose of evaluating and rendering advice to a physician regarding adjustment of the regimen in accordance with the collaborative pharmacy practice agreement. See West Virginia Code 30-5-4
• E-prescribing: means the transmission, using electronic media, of prescription or prescription-related information between a practitioner, pharmacist, pharmacy benefit manager, or health plan as defined in 45 CFR §. See West Virginia Code 30-5-4
• Electronic data intermediary: means an entity that provides the infrastructure to connect a computer system, hand-held electronic device, or other electronic device used by a prescribing practitioner with a computer system or other electronic device used by a pharmacy to facilitate the secure transmission of:

  (A) An electronic prescription order. See West Virginia Code 30-5-4

• Electronic Signature: means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. See West Virginia Code 30-5-4
• Electronic transmission: means transmission of information in electronic form or the transmission of the exact visual image of a document by way of electronic equipment. See West Virginia Code 30-5-4
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Exclusive distributor: means an entity that:

  (A) Contracts with a manufacturer to provide or coordinate warehousing, wholesale distribution, or other services on behalf of a manufacturer and who takes title to that manufacturer's prescription drug, but who does not have general responsibility to direct the sale or disposition of the manufacturer's prescription drug. See West Virginia Code 30-5-4

• Fraud: Intentional deception resulting in injury to another.
• Health care entity: means a person that provides diagnostic, medical, pharmacist care, surgical, dental treatment, or rehabilitative care but does not include a wholesale distributor. See West Virginia Code 30-5-4
• Health information: means any information, whether oral or recorded in a form or medium, that:

  (A) Is created or received by a health care provider, health plan, public health authority, employer, life insurer, school or university, or health care clearinghouse, and

  (B) Relates to the past, present, or future physical or mental health or condition of an individual. See West Virginia Code 30-5-4

• Immediate container: means a container and does not include package liners. See West Virginia Code 30-5-4
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Intern: means an individual who is currently licensed to engage in the practice of pharmacist care while under the supervision of a pharmacist. See West Virginia Code 30-5-4
• Intracompany sales: means any transaction between a division, subsidiary, parent, or affiliated or related company under the common ownership and control of a corporate or other legal business entity. See West Virginia Code 30-5-4
• Judgment: includes decrees and orders for the payment of money, or the conveyance or delivery of land or personal property, or some interest therein, or any undertaking, bond or recognizance which has the legal effect of a judgment. See West Virginia Code 2-2-10
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Label: means a display of written, printed, or graphic matter upon the immediate container of any drug or device. See West Virginia Code 30-5-4
• Labeling: means the process of preparing and affixing a label to a drug container exclusive, however, of a labeling by a manufacturer, packer, or distributor of a nonprescription drug or commercially packaged prescription drug or device. See West Virginia Code 30-5-4
• Mail-order pharmacy: means a pharmacy, regardless of its location, which dispenses greater than 25 percent of its prescription drugs via the mail or other delivery services. See West Virginia Code 30-5-4
• Manufacturer: means any person who is engaged in manufacturing, preparing, propagating, processing, packaging, repackaging, or labeling of a prescription drug, whether within or outside this state. See West Virginia Code 30-5-4
• Manufacturing: means the production, preparation, propagation, or processing of a drug or device, either directly or indirectly, by extraction from substances of natural origin or independently by means of chemical or biological synthesis and includes any packaging or repackaging of the substance or substances or labeling or relabeling of its contents and the promotion and marketing of the drugs or devices. See West Virginia Code 30-5-4
• Medication therapy management: is a distinct service or group of services that optimize medication therapeutic outcomes for individual patients. See West Virginia Code 30-5-4
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Nonprescription drug: means a drug which may be sold without a prescription and which is labeled for use by the consumer in accordance with the requirements of the laws and rules of this state and the federal government. See West Virginia Code 30-5-4
• Normal distribution channel: means a chain of custody for a prescription drug that goes directly or by drop shipment, from a manufacturer of the prescription drug, the manufacturer's third-party logistics provider, or the manufacturer's exclusive distributor to:

  (A) A wholesale distributor to a pharmacy to a patient or other designated persons authorized by law to dispense or administer such prescription drug to a patient. See West Virginia Code 30-5-4

• Offense: includes every act or omission for which a fine, forfeiture, or punishment is imposed by law. See West Virginia Code 2-2-10
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Patient counseling: means the communication by the pharmacist of information, as prescribed further in the rules of the board, to the patient to improve therapy by aiding in the proper use of drugs and devices. See West Virginia Code 30-5-4
• Person: means an individual, corporation, partnership, association, or any other legal entity, including government. See West Virginia Code 30-5-4
• Pharmacist: means an individual currently licensed by this state to engage in the practice of pharmacist care. See West Virginia Code 30-5-4
• Pharmacist Care: means the provision by a pharmacist of patient care activities, with or without the dispensing of drugs or devices, intended to achieve outcomes related to the cure or prevention of a disease, elimination, or reduction of a patient's symptoms, or arresting or slowing of a disease process and as provided for in section ten. See West Virginia Code 30-5-4
• Pharmacist-in-charge: means a pharmacist currently licensed in this state who accepts responsibility for the operation of a pharmacy in conformance with all laws and legislative rules pertinent to the practice of pharmacist care and the distribution of drugs and who is personally in full charge of the pharmacy and pharmacy personnel. See West Virginia Code 30-5-4
• 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. See West Virginia Code 30-5-4
• Pharmacy Technician: means a person registered with the board to practice certain tasks related to the practice of pharmacist care as permitted by the board. See West Virginia Code 30-5-4
• Physician: means an individual currently licensed, in good standing and without restrictions, as an allopathic physician by the West Virginia Board of Medicine or an osteopathic physician by the West Virginia Board of Osteopathic Medicine. See West Virginia Code 30-5-4
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Practice notification: means a written notice to the appropriate licensing board that an individual physician or physician group or a medical provider in training where the agreement is signed by the supervising physician or chairperson of the medical department where the medical provider in training is practicing, and an individual pharmacist or pharmacists will practice in collaboration. See West Virginia Code 30-5-4
• Practice of telepharmacy: means the provision of pharmacist care by properly licensed pharmacists located within United States jurisdictions through the use of telecommunications or other technologies to patients or their agents at a different location that are located within United States jurisdictions. See West Virginia Code 30-5-4
• Practitioner: means an individual authorized by a jurisdiction of the United States to prescribe drugs in the course of professional practices, as allowed by law. See West Virginia Code 30-5-4
• Prescription drug: means any human drug required by federal law or regulation to be dispensed only by prescription, including finished dosage forms and active ingredients subject to section 503(b) of the federal Food, Drug and Cosmetic Act. See West Virginia Code 30-5-4
• Prescription or prescription drug order: means a lawful order from a practitioner for a drug or device for a specific patient, including orders derived from collaborative pharmacy practice, where a valid patient-practitioner relationship exists, that is communicated to a pharmacist in a pharmacy. See West Virginia Code 30-5-4
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Product Labeling: means all labels and other written, printed, or graphic matter upon any article or any of its containers or wrappers, or accompanying such article. See West Virginia Code 30-5-4
• Quorum: The number of legislators that must be present to do business.
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Repackage: means changing the container, wrapper, quantity, or product labeling of a drug or device to further the distribution of the drug or device. See West Virginia Code 30-5-4
• Repackager: means a person who repackages. See West Virginia Code 30-5-4
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
• Statute: A law passed by a legislature.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Third-party logistics provider: means a person who contracts with a prescription drug manufacturer to provide or coordinate warehousing, distribution, or other services on behalf of a manufacturer, but does not take title to the prescription drug or have general responsibility to direct the prescription drug's sale or disposition. See West Virginia Code 30-5-4
• Valid patient-practitioner relationship: means the following have been established:

  (A) A patient has a medical complaint. See West Virginia Code 30-5-4

• wholesale distributor: means any person or entity engaged in wholesale distribution of prescription drugs, including, but not limited to, manufacturers, repackers, own-label distributors, jobbers, private-label distributors, brokers, warehouses, including manufacturers' and distributors' warehouses, chain drug warehouses and wholesale drug warehouses, independent wholesale drug traders, prescription drug repackagers, physicians, dentists, veterinarians, birth control and other clinics, individuals, hospitals, nursing homes and/or their providers, health maintenance organizations and other health care providers, and retail and hospital pharmacies that conduct wholesale distributions, including, but not limited to, any pharmacy distributor as defined in this section. See West Virginia Code 30-5-4