Insurance Commissioner Allan McVey announced an $800,000 civil penalty on PBM Navitus for violating state laws governing pharmacy reimbursement, rebate pass‑through requirements and audit standards. State regulators found that Navitus failed to fully pass through negotiated drug rebates as required by state law, and, in some cases, reimbursed pharmacies below the mandated minimum of NADAC plus a $10.49 dispensing fee. Regulators also determined that Navitus paid its affiliated specialty pharmacy significantly higher rates than non‑affiliated pharmacies for certain drugs, creating an improper competitive advantage. The enforcement action reflects West Virginia’s aggressive oversight of PBMs since implementing licensure requirements in 2020 and signals increasing regulatory scrutiny of PBM transparency, affiliate relationships and reimbursement practices.

For more information, contact NACDS’ Jill McCormack at 717-592-8977.

NACDS reminds members that SB 526, the “Pharmacists Prescribing Authority Act” was effective July 11, 2025, and allows pharmacists to test and treat patients for flu, RSV and COVID under their own authority. The law does not require rules. Further details on this law, as well as other new laws and rules, are available in the West Virginia Pharmacists Association July newsletter.

For more information, contact NACDS’ Jill McCormack at 717-592-8977.

The Secretary of State published a series of new proposed Board of Pharmacy rules that would implement legislation adopted in the 2025 session. Note that these include rules that allow pharmacist and technician licensing reciprocity and streamlining and that include a prohibition on dispensing abortion drugs and gender altering drugs for non-adults. Comments are due to the Board of Pharmacy by 5:00 pm on July 17.

For more information, contact NACDS’ Jill McCormack at 717-592-8977.

A bill granting pharmacists broad prescriptive authority passed the Senate overwhelmingly and is now in the House Health and Human Resources Committee for consideration. SB 526 allows pharmacists to prescribe any appropriate therapy to treat a condition diagnosed by a CLIA-waived test.

For more information, contact NACDS’ Jill McCormack at 717-592-8977.

The Board of Pharmacy’s July Newsletter contains a comprehensive review of significant legislation passed by the Legislature in 2023 and an update on corresponding rules.

For more information, contact NACDS’ Jill McCormack at 717-592-8977.

The Board of Pharmacy’s April newsletter contains valuable information regarding legislation passed in the 2023 session and its impact on pharmacies, including HB 2754, which will make pharmacies PREP Act immunization authority permanent once rules have been promulgated. The Board’s goal is to do so by July 1, 2023. Of note, the newsletter provides information on an updated, online process to file Collaborative Practice Agreements.

For more information, contact NACDS’ Jill McCormack at 717-592-8977.

Gov. Jim Justice (R) signed the following priority bills into law on March 23: 

• Committee Substitute SB 345, a bill that would provide legislative approval of the PBM rule pursuant to the passage of HB 4112 of 2022. Effective from passage – March 10, 2023. 
• HB 2754 adopts the immunization authority from the federal PREP Act into state law. It allows both pharmacists and pharmacy technicians to administer all vaccines to patients aged three years and older and removes the long-standing prescription requirement for children. Effective from passage – March 7, 2023. 

NACDS thanks our members, Bridget Lambert of the West Virginia Retailers Association, Conrad Lucas of Capitol Resources and the West Virginia Pharmacists Association for their daily engagement on getting HB 2754 across the finish line.  

For more information, contact NACDS’ Jill McCormack at 717-592-8977.

Pharmacy had several important victories in the 2023 Legislative Session that adjourned last week. The Legislature approved several priority pharmacy bills that are now on Governor Justice’s desk for signing. These include SB 345, which gives legislative approval for the PBM Auditing Rule pursuant to the passage of HB 4112 of last session. HB 2754 which adopts PREP Act immunization authority for both pharmacists and technicians at age 3 and deletes the long-standing prescription requirement for childhood vaccines. Lastly, SB 361, an omnibus Rules package that increases the pharmacy technician ratio from 1:4 to 1:6. The same bill also includes a final rule modernizing collaborative practice agreements to allow for population-based care.

For more information, contact NACDS’ Jill McCormack at 717-592-8977.

Our priority bills continue to advance in the Legislature. HB 2754, that would make the pharmacy immunization allowances from the federal PREP Act permanent in state law, was approved by the Senate Health and Human Resources Committee and is now on the Senate Floor for a final vote. The Senate passed an omnibus Rules package, SB 361, that authorizes the Board of Pharmacy to promulgate a rule increasing the pharmacy technician ratio from 1:4 to 1:6. The same bill also includes a final rule modernizing collaborative practice agreements to allow for population-based care. Notably, the collaborative practice rule is currently effective as an emergency rule. The package now awaits action in the House Judiciary Committee, as does Committee Substitute SB 345, a bill that would provide legislative approval of the PBM rule pursuant to the passage of HB 2263 of 2021.

For more information, contact NACDS’ Jill McCormack at 717-592-8977.