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Senate adopts amendments expanding pharmacist prescribing authority with notification and supply limits

2764744 · March 25, 2025
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Summary

CHARLESTON, W.Va. — The West Virginia Senate on March 24 adopted floor amendments that expand pharmacists’ authority to prescribe certain drugs and devices for limited conditions and emergencies, with supply and notification restrictions.

CHARLESTON, W.Va. — The West Virginia Senate on March 24 debated and adopted amendments to a committee substitute that would expand pharmacists’ authority to prescribe certain drugs, drug categories and devices for limited conditions and emergencies, while adding supply and notification limits.

Senator Jefferson described a strike-and-insert amendment that would permit pharmacists to prescribe drugs and devices after taking a relevant medication history for conditions that do not require a new diagnosis or tests guiding diagnosis, or for patient emergencies. The amendment included a provision that a pharmacist “may within 72 hours notify the patient's primary care physician, if identified, of the test results and any permissible drug, drug categories, or devices that the pharmacist has prescribed.”

Senator Martin offered an amendment to the amendment, and Senator from Lewis proposed language that limits prescriptions to a 30-day supply within a six-month period and requires the pharmacy to notify a primary care physician if the prescription exceeds 10 days. Senator Jefferson said he had seen the language shortly before floor consideration and would support the change. Senator from Ohio rose in opposition to the Lewis amendment, arguing it “puts an absolute large burden on the pharmacist” and could create billing complexities and potential liability under statute 55-7-—the senator said the requirement could give rise to a cause of action and increase costs to patients.

The Senate adopted the amendment to the amendment and then adopted the committee-on-rules amendment as amended; the clerk recorded the amendments as adopted on the floor. The journal entry does not record a roll-call tally for final passage of the underlying bill on March 24.

Ending

The adopted amendments impose notification and supply limits and will be reflected in the committee substitute as it advances; sponsors and opponents asked that the pharmacy and physician communities review the language as the bill proceeds through the legislative process.