W. Va. Code R. § 11-8-3

Current through Register Vol. XLI, No. 44, November 1, 2024

Section 11-8-3 - Requirements for Collaborative Pharmacy Practice

3.1. Pharmacists and physicians may engage in collaborative pharmacy practice in accordance with the provisions of this rule.

3.2. Collaborative pharmacy practice may only occur:

3.2.1. Pursuant to a collaborative pharmacy practice agreement developed in accord with this rule; and

3.2.2. Once a complete and valid practice notification is filed with the boards.

3.3. A physician's eligibility to serve as a collaborating physician may be verified through information available on the websites of the Board of Medicine and Board of Osteopathic Medicine. Physicians who are eligible to collaborate with pharmacists shall ensure that pharmacy collaboration remains within:

3.3.1. The medical specialty and scope of the physician's practice; and

3.3.2. The education, training and experience of the collaborating pharmacist.

3.4. The Board of Pharmacy shall verify a pharmacist's eligibility to enter into collaborative pharmacy practice agreements upon receipt of an eligibility verification request which is accompanied by satisfactory documentation that the pharmacist:

3.4.1. Has an unrestricted and current license to practice as a pharmacist in West Virginia;

3.4.2. Has at least one million dollars of professional liability insurance coverage; and

3.4.3. Meets one of the following eligibility criteria:

3.4.3.a. The pharmacist earned a Certification from the Board of Pharmaceutical Specialties, or has completed an American Society of Health System Pharmacists (ASHP) accredited residency program, and two years of experience verified by the Board of Pharmacy;

3.4.3.b. The pharmacist successfully completed the course of study and holds an academic degree of Doctor of Pharmacy and has three years of clinical experience verified by the Board of Pharmacy and has completed an Accreditation Council for Pharmacy Education (ACPE) approved certificate program in the area of practice covered by the collaborative pharmacy practice agreement; or

3.4.3.c. The pharmacist successfully completed the course of study and holds the academic degree Bachelor of Science in Pharmacy and has five years clinical experience verified by the Board of Pharmacy and has completed two ACPE approved certificate programs with at least one program in the area of practice covered by the collaborative pharmacy practice agreement.

3.5. Eligible pharmacists and physicians may enter into collaborative pharmacy practice agreements in any practice setting. Collaborative pharmacy practice agreements must contain all required elements set forth in section 4 of this rule.

3.6. Prior to commencing practice pursuant to a collaborative pharmacy practice agreement, the parties shall file a complete practice notification with the Board of Pharmacy.

3.7. A practice notification shall be submitted on a form approved by the boards and shall be accompanied by a $50 fee payable to the Board of Pharmacy. The practice notification form shall be published on the boards' websites.

3.8. A practice notification shall include:

3.8.1. The full name, license number, licensing board, preferred mailing address, telephone number, and email address of the pharmacist(s) and physician(s) who are entering into a collaborative pharmacy practice agreement;

3.8.2. The name and address of each location where the pharmacist will engage in collaborative pharmacy practice pursuant to the agreement;

3.8.3. The proposed effective date of the collaborative pharmacy practice agreement;

3.8.4. Certification by the collaborating pharmacist and collaborating physician that:

3.8.4.a. The pharmacist has been verified as eligible for collaborative pharmacy practice by the Board of Pharmacy;

3.8.4.b. The physician is eligible to serve as a collaborating physician;

3.8.4.c. A collaborative pharmacy practice agreement has been agreed upon and executed by the pharmacist and physician which is consistent with the physician's scope of practice, the pharmacist's education, training and experience, and includes, at a minimum, the protocols required by section 4 of this rule;

3.8.4.d. The collaborating pharmacist will maintain a copy of the collaborative pharmacy practice agreement at his or her place of practice and the parties will provide a copy to any of the boards, upon request;

3.8.4.e. Collaborative pharmacy practice shall only occur after informed consent of the patient, which must be noted in the patient medical record; and

3.8.4.f. The parties acknowledge that the collaborative pharmacy practice agreement does not include the management of controlled substances.

3.9. A complete practice notification is effective upon filing, remains valid until the collaborative pharmacy practice agreement terminates, and is not subject to renewal or renewal fees.

3.10. The boards shall acknowledge receipt of all practice notifications. If a practice notification is incomplete or appears to be invalid, the Board of Pharmacy shall contact the collaborating pharmacist about any issue of validity and any information needed to complete the practice notification. The Board of Pharmacy may request the assistance of the Board of Medicine or the Board of Osteopathic Medicine to evaluate or respond to any issues of practice notification completeness or validity.

3.11. Within five business days of receiving a complete, valid practice notification, the Board of Pharmacy shall confirm receipt to the collaborating pharmacist and provide a copy of the practice notification to the collaborating physician's licensing board. Within five days of receipt of the practice notification from the Board of Pharmacy, the Board of Medicine or Board of Osteopathic Medicine shall notify the collaborating physician.

3.12. The boards shall maintain a current list of all practice notifications for collaborative pharmacy practice agreements.

W. Va. Code R. § 11-8-3