Skip to main content
Find a Lawyer

West Virginia Code Chapter 30. Professions and Occupations § 30-5-35. Conversion of prescriptions authorizing refills

Current as of January 01, 2024 | Updated by FindLaw Staff

(a) If a prescription authorizes a drug to be dispensed by refilling the prescription one or more times and the total quantity of the drug does not exceed a 90-day supply of the drug, a pharmacist who is filling or refilling the prescription may dispense a quantity of the drug that varies from the quantity or amount of the drug originally written on the prescription, if all of these conditions are met:

(1) The action taken by the pharmacist does not result in a quantity or amount of the drug being dispensed that exceeds the total quantity that may be dispensed by filling and refilling the prescription.

(2) The prescription is for one of the following:

(A) A maintenance drug to be taken on a regular, recurring basis to treat a chronic condition;

(B) A drug to be taken on a regular, recurring basis to prevent disease; or

(C) A contraceptive.

(3) If the prescription is for a maintenance drug, the patient has used an initial 30-day supply of the drug, or a 90-day supply of the drug has previously been prescribed to the patient, and the pharmacist determines, after consulting with the patient, that the drug has stabilized the patient's condition.

(4) The prescription is not for a controlled substance, as set forth in § 60A-1-1 et seq. and;

(5) The pharmacist consults with the patient, and the pharmacist determines the action authorized by this section is appropriate for the patient.

(b) When a licensed practitioner authorizes a drug to be dispensed in a certain dosage, and the pharmacist is unable to dispense the drug in the same dosage as specified, the pharmacist may substitute the same drug in a different dosage, if the aggregate dosage of the prescription remains the same and the following conditions are met:

(1) The pharmacist counsels the patient on the differences; and

(2) The pharmacist notifies the patient's prescriber of the drug product substitution within five business days of the substitution.

(c) This section does not require a health care insurer, government health care program, pharmacy benefit manager, or other entity that offers health benefit plans to provide coverage for a drug in a manner that is inconsistent with the patient's benefit plan.

Back to chapter list
Previous part of code Next part of code
Back to chapter list

Cite this article: FindLaw.com - West Virginia Code Chapter 30. Professions and Occupations § 30-5-35. Conversion of prescriptions authorizing refills - last updated January 01, 2024 | https://codes.findlaw.com/wv/chapter-30-professions-and-occupations/wv-code-sect-30-5-35/

Read this complete West Virginia Code Chapter 30. Professions and Occupations § 30-5-35. Conversion of prescriptions authorizing refills on Westlaw. Westlaw subscription required.

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

Was this helpful?

Search all West Virginia Codes

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About the Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to find an attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard