W. Va. Code R. § 15-2-9 - [Effective 7/1/2025] Miscellaneous

9.1. Distribution upon discontinuance or transfer of business.

9.1.1. Any registrant desiring to discontinue or transfer business activities altogether or with respect to controlled substances shall notify the Board immediately and shall submit with the notification a complete and detailed closing inventory of all controlled substances in the registrant's possession.

9.2. Disposal of controlled substances.

9.2.1. Compliance with federal law and regulations is considered in compliance with this section. A registrant shall document the destruction or disposal of all controlled substances on the appropriate form approved by the Board. The disposal of excessive amounts of residual and wasted controlled substances accrued by extemporaneous compounding in an institutional setting may be completed by two registered or licensed health care professionals with a record of the destruction indicating the two witnesses with their signatures.

9.2.2. Registrants may become registered with the DEA as an authorized collector to receive the transfer from ultimate users any unwanted and unused pharmaceutical controlled substances in their lawful possession for safe, secure, and responsible disposal. Any authorized collector must comply fully with the DEA requirements for such an authorized collection program.

9.2.3 In acute care hospitals, discontinued individual patient medications not supplied by the hospital should be sent home with the patient. Those that remain in the hospital after discharge may be considered abandoned and shall be destroyed in the following manner and in compliance with federal law:

9.2.3.a. Drugs listed in Schedules I, II, III, IV, V of the Federal Comprehensive Drug Abuse Prevention and Control Act of 1970, as amended, or by W.Va. Code §60A-1 et seq. shall be destroyed in the presence of two pharmacists, a pharmacist and pharmacy technician, or a pharmacist and a registered nurse employed by the hospital. The name of patient or patient medical record number, the name and strength of the drug, the amount destroyed, the date of destruction, and documentation of the required witnesses shall be recorded and maintained in the medical record. The destruction should also be recorded without patient specific information and maintained with the pharmacy's controlled substance records.

9.2.3.b. Drugs not listed in Schedules I, II, III, IV, V of the Federal Comprehensive Drug Abuse Prevention and Control Act of 1970, as amended, or W.Va. Code §60A-1 et seq, shall be destroyed in the presence of a pharmacist.

9.3. Reporting theft or significant loss of drugs.

9.3.1. A registrant shall notify the Board in writing, of the theft or significant loss of any controlled substances within one business day of discovery of such loss or theft. The registrant must also file a complete and accurate DEA Form 106 with the Board within 45 days after discovery of the theft or significant loss.

9.3.2. The Pharmacist-in-charge must immediately notify the Board of the separation of employment of any pharmacist, pharmacy intern, pharmacy technician, or pharmacy technician trainee for any confirmed drug-related reason, including but not limited to, adulteration, abuse, theft, or diversion as required in W.Va. CSR §15-1-16.2.7.e-f.

9.4. Ordering of Controlled Substances.

9.4.1. A registrant shall complete DEA Form 222 for each transfer of a Schedule II controlled substance to another registrant without a prescription.

9.4.2. A pharmacist shall verify the receipt within the pharmacy of all controlled substances listed in Schedule II-V by reviewing and countersigning the invoices or packing documents.

Notes

W. Va. Code R. § 15-2-9