The Legislative Rule Making Review Committee adopted the PBM rule as currently written without any debate. The rule, based on the passage of HB 2263 or 2021, must now receive final approval by the Legislature during the 2022 session.

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

The Legislative Rule Making Committee will be considering the PBM rule as approved by the agency on December 8. You can link to the agenda here. NACDS is currently analyzing the rule and will follow up with members operating in the state via email. In the meantime, please share any concerns you may have with the rule with Jill McCormack as soon as possible.

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

The Insurance Commissioner recently released the Insurance Bulletin No. 21-07 regarding how recent legislation impacts the state's network adequacy requirements. Of note, the bulletin emphasizes that any sub-networks for specialty drugs that consist of only mail order pharmacies violates the state's network adequacy standards.  

For more information, contact NACDS’ Sandra Guckian at 703-774-4801.

The Board of Pharmacy launched a pharmacy workload survey that opened on July 7 and will close on August 17. The aggregate data will be used by the Board and a WV Pharmacy Workload Task Force to develop a list of recommended regulatory actions for the Board and the WV Legislature to consider. Individuals interested in participating on the WV Pharmacy Workload Task Force may complete an application by August 17 at 5:00 p.m.

For more information, contact NACDS’ Sandra Guckian at 703-774-4801.

The Board of Pharmacy proposed amendments to regulations under 15 WVCSR 16 to reduce the biennial pharmacist license renewal fee to $50 for applicants aged 65 years or older. Comments are due July 15. 

For more information, contact NACDS’ Sandra Guckian at 703-774-4801.

The Board of Pharmacy rules package was approved by the legislature via SB 182.  This action authorizes the Board to promulgate legislative rules as outlined below.  All are effective June 11, 2021.

• 15 CSR 01 – relating to licensure and practice of pharmacist care; adds a new definition of “electronic supervision” and adds “electronic” supervision of a pharmacy technician by a pharmacist to the definition of “pharmacy technician”.  For more background information click here.
• 15 CSR 02 – relating to the Uniform Controlled Substances Act; adds Schedule V prescriptions to 8.15 Refilling Schedule III, IV, or V prescriptions. For more background information click here.
• 15 CSR 03 – relating to continuing education requirements for pharmacists to maintain their license to practice pharmacy in the state. For more background information click here.
• 15 CSR 05 – relating to wholesale distributors, third-party logistics, and manufacturers of prescription drugs. For more background information click here.
• 15 CSR 08 – relating to the controlled substances monitoring program; adds Schedule V prescriptions and removes gabapentin from list of drugs of concern. For more background information click here.
• 15 CSR 12 – relating to immunizations administered by pharmacists and pharmacy interns; makes permanent the current emergency rule. For more background information click here.

For more information, contact NACDS’ Sandra Guckian at 703-774-4801.

Gov. Jim Justice (R) recently signed the following bills:

• SB 182, legislation making permanent the Board of Pharmacy’s emergency rule related to the pharmacist and pharmacy intern’s authority to immunize adults according to the CDC’s Recommended Adult Immunization Schedule as well as individuals ages 11-17 years of age following the CDC’s Recommended Child and Adolescent Schedule according to a prescription and parental consent, if there are no contraindications to the vaccine, was signed on March 31 and became effective on the date of passage on March 23, 2021.
• HB 2263, legislation relating to the regulation of PBMs including establishing a reimbursement rate floor of NADAC (or WAC, if NADAC is not available) plus a $10.64 professional dispensing fee, was signed into law on April 9, 2021, and effective 90 days from passage on June 28, 2021.

For more information, contact NACDS’ Sandra Guckian at 703-774-4801.

Gov. Jim Justice (R) signed HB 2262, removing the requirement that a veterinarian monitor the controlled substance monitoring database and adding the requirement that a pharmacist licensed by the West Virginia Board of Pharmacy shall access the West Virginia Controlled Substances Monitoring Program Database for information regarding specific patients upon initially dispensing any Schedule II controlled substance, any opioid or any benzodiazepine to a patient who is not suffering from a terminal illness, and at least annually thereafter should the practitioner or dispenser continue to treat the patient with a controlled substance.  The effective date is May 31, 2021.

For more information, contact NACDS’ Sandra Guckian at 703-774-4801.

HB 2263, relating to the regulation of PBMs, advances to the desk of Gov. Jim Justice (R) for signature. Both the House of Representatives and the Senate adopted the Joint House and Senate Conference Committee Report and passed the bill. Among the various provisions is language establishing a reimbursement rate floor of NADAC (or WAC, if NADAC is not available) plus a $10.49 professional dispensing fee.

Also in West Virginia, SB 182, legislation enacting the Board of Pharmacy’s emergency rule related to the pharmacist and pharmacy intern authority to immunize, was approved by Gov. Jim Justice (R) on April 1.  The emergency rule permits pharmacists and pharmacy interns to administer vaccines to adults listed in the CDC’s Recommended Adult Immunization Schedule as well as to individuals ages 11-17 years of age listed in the CDC’s Recommended Child and Adolescent Schedule according to a prescription and parental consent if there are no contraindications to the vaccine.

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