State Codes and Statutes

Statutes > Virginia > Title-54-1 > Chapter-33 > 54-1-3301

§ 54.1-3301. Exceptions.

This chapter shall not be construed to:

1. Interfere with any legally qualified practitioner of dentistry, orveterinary medicine or any physician acting on behalf of the VirginiaDepartment of Health or local health departments, in the compounding of hisprescriptions or the purchase and possession of drugs as he may require;

2. Prevent any legally qualified practitioner of dentistry, or veterinarymedicine or any prescriber, as defined in § 54.1-3401, acting on behalf ofthe Virginia Department of Health or local health departments, fromadministering or supplying to his patients the medicines that he deems properunder the conditions of § 54.1-3303 or from causing drugs to be administeredor dispensed pursuant to §§ 32.1-42.1 and 54.1-3408;

3. Prohibit the sale by merchants and retail dealers of proprietary medicinesas defined in Chapter 34 (§ 54.1-3400 et seq.) of this title;

4. Prevent the operation of automated drug dispensing systems in hospitalspursuant to Chapter 34 (§ 54.1-3400 et seq.) of this title;

5. Prohibit the employment of ancillary personnel to assist a pharmacist asprovided in the regulations of the Board;

6. Interfere with any legally qualified practitioner of medicine, osteopathy,or podiatry from purchasing, possessing or administering controlledsubstances to his own patients or providing controlled substances to his ownpatients in a bona fide medical emergency or providing manufacturers'professional samples to his own patients;

7. Interfere with any legally qualified practitioner of optometry, certifiedor licensed to use diagnostic pharmaceutical agents, from purchasing,possessing or administering those controlled substances as specified in §54.1-3221 or interfere with any legally qualified practitioner of optometrycertified to prescribe therapeutic pharmaceutical agents from purchasing,possessing, or administering to his own patients those controlled substancesas specified in § 54.1-3222 and the TPA formulary, providing manufacturers'samples of these drugs to his own patients, or dispensing, administering, orselling ophthalmic devices as authorized in § 54.1-3204;

8. Interfere with any physician assistant with prescriptive authorityreceiving and dispensing to his own patients manufacturers' professionalsamples of controlled substances and devices that he is authorized, incompliance with the provisions of § 54.1-2952.1, to prescribe according tohis practice setting and a written agreement with a physician or podiatrist;

9. Interfere with any licensed nurse practitioner with prescriptive authorityreceiving and dispensing to his own patients manufacturers' professionalsamples of controlled substances and devices that he is authorized, incompliance with the provisions of § 54.1-2957.01, to prescribe according tohis practice setting and a written agreement with a physician;

10. Interfere with any legally qualified practitioner of medicine orosteopathy participating in an indigent patient program offered by apharmaceutical manufacturer in which the practitioner sends a prescriptionfor one of his own patients to the manufacturer, and the manufacturer donatesa stock bottle of the prescription drug ordered at no cost to thepractitioner or patient. The practitioner may dispense such medication at nocost to the patient without holding a license to dispense from the Board ofPharmacy. However, the container in which the drug is dispensed shall belabeled in accordance with the requirements of § 54.1-3410, and, unlessdirected otherwise by the practitioner or the patient, shall meet standardsfor special packaging as set forth in § 54.1-3426 and Board of Pharmacyregulations. In lieu of dispensing directly to the patient, a practitionermay transfer the donated drug with a valid prescription to a pharmacy fordispensing to the patient. The practitioner or pharmacy participating in theprogram shall not use the donated drug for any purpose other than dispensingto the patient for whom it was originally donated, except as authorized bythe donating manufacturer for another patient meeting that manufacturer'srequirements for the indigent patient program. Neither the practitioner northe pharmacy shall charge the patient for any medication provided through amanufacturer's indigent patient program pursuant to this subdivision. Aparticipating pharmacy, including a pharmacy participating in bulk donationprograms, may charge a reasonable dispensing or administrative fee to offsetthe cost of dispensing, not to exceed the actual costs of such dispensing.However, if the patient is unable to pay such fee, the dispensing oradministrative fee shall be waived;

11. Interfere with any legally qualified practitioner of medicine orosteopathy from providing controlled substances to his own patients in a freeclinic without charge when such controlled substances are donated by anentity other than a pharmaceutical manufacturer as authorized by subdivision10. The practitioner shall first obtain a controlled substances registrationfrom the Board and shall comply with the labeling and packaging requirementsof this chapter and the Board's regulations; or

12. Prevent any pharmacist from providing free health care to an underservedpopulation in Virginia who (i) does not regularly practice pharmacy inVirginia, (ii) holds a current valid license or certificate to practicepharmacy in another state, territory, district or possession of the UnitedStates, (iii) volunteers to provide free health care to an underserved areaof this Commonwealth under the auspices of a publicly supported allvolunteer, nonprofit organization that sponsors the provision of health careto populations of underserved people, (iv) files a copy of the license orcertificate issued in such other jurisdiction with the Board, (v) notifiesthe Board at least five business days prior to the voluntary provision ofservices of the dates and location of such service, and (vi) acknowledges, inwriting, that such licensure exemption shall only be valid, in compliancewith the Board's regulations, during the limited period that such free healthcare is made available through the volunteer, nonprofit organization on thedates and at the location filed with the Board. The Board may deny the rightto practice in Virginia to any pharmacist whose license has been previouslysuspended or revoked, who has been convicted of a felony or who is otherwisefound to be in violation of applicable laws or regulations. However, theBoard shall allow a pharmacist who meets the above criteria to providevolunteer services without prior notice for a period of up to three days,provided the nonprofit organization verifies that the practitioner has avalid, unrestricted license in another state.

This section shall not be construed as exempting any person from thelicensure, registration, permitting and record keeping requirements of thischapter or Chapter 34 of this title.

(Code 1950, § 54-481; 1966, c. 171; 1968, c. 582, § 54-524.53; 1970, c. 650,§ 54-524.54; 1972, c. 798; 1988, cc. 765, 904; 1989, c. 510; 1998, c. 101;1999, cc. 745, 750; 2000, c. 924; 2001, c. 465; 2002, cc. 666, 707, 740;2003, c. 794; 2008, c. 674; 2009, cc. 101, 353, 761.)

State Codes and Statutes

Statutes > Virginia > Title-54-1 > Chapter-33 > 54-1-3301

§ 54.1-3301. Exceptions.

This chapter shall not be construed to:

1. Interfere with any legally qualified practitioner of dentistry, orveterinary medicine or any physician acting on behalf of the VirginiaDepartment of Health or local health departments, in the compounding of hisprescriptions or the purchase and possession of drugs as he may require;

2. Prevent any legally qualified practitioner of dentistry, or veterinarymedicine or any prescriber, as defined in § 54.1-3401, acting on behalf ofthe Virginia Department of Health or local health departments, fromadministering or supplying to his patients the medicines that he deems properunder the conditions of § 54.1-3303 or from causing drugs to be administeredor dispensed pursuant to §§ 32.1-42.1 and 54.1-3408;

3. Prohibit the sale by merchants and retail dealers of proprietary medicinesas defined in Chapter 34 (§ 54.1-3400 et seq.) of this title;

4. Prevent the operation of automated drug dispensing systems in hospitalspursuant to Chapter 34 (§ 54.1-3400 et seq.) of this title;

5. Prohibit the employment of ancillary personnel to assist a pharmacist asprovided in the regulations of the Board;

6. Interfere with any legally qualified practitioner of medicine, osteopathy,or podiatry from purchasing, possessing or administering controlledsubstances to his own patients or providing controlled substances to his ownpatients in a bona fide medical emergency or providing manufacturers'professional samples to his own patients;

7. Interfere with any legally qualified practitioner of optometry, certifiedor licensed to use diagnostic pharmaceutical agents, from purchasing,possessing or administering those controlled substances as specified in §54.1-3221 or interfere with any legally qualified practitioner of optometrycertified to prescribe therapeutic pharmaceutical agents from purchasing,possessing, or administering to his own patients those controlled substancesas specified in § 54.1-3222 and the TPA formulary, providing manufacturers'samples of these drugs to his own patients, or dispensing, administering, orselling ophthalmic devices as authorized in § 54.1-3204;

8. Interfere with any physician assistant with prescriptive authorityreceiving and dispensing to his own patients manufacturers' professionalsamples of controlled substances and devices that he is authorized, incompliance with the provisions of § 54.1-2952.1, to prescribe according tohis practice setting and a written agreement with a physician or podiatrist;

9. Interfere with any licensed nurse practitioner with prescriptive authorityreceiving and dispensing to his own patients manufacturers' professionalsamples of controlled substances and devices that he is authorized, incompliance with the provisions of § 54.1-2957.01, to prescribe according tohis practice setting and a written agreement with a physician;

10. Interfere with any legally qualified practitioner of medicine orosteopathy participating in an indigent patient program offered by apharmaceutical manufacturer in which the practitioner sends a prescriptionfor one of his own patients to the manufacturer, and the manufacturer donatesa stock bottle of the prescription drug ordered at no cost to thepractitioner or patient. The practitioner may dispense such medication at nocost to the patient without holding a license to dispense from the Board ofPharmacy. However, the container in which the drug is dispensed shall belabeled in accordance with the requirements of § 54.1-3410, and, unlessdirected otherwise by the practitioner or the patient, shall meet standardsfor special packaging as set forth in § 54.1-3426 and Board of Pharmacyregulations. In lieu of dispensing directly to the patient, a practitionermay transfer the donated drug with a valid prescription to a pharmacy fordispensing to the patient. The practitioner or pharmacy participating in theprogram shall not use the donated drug for any purpose other than dispensingto the patient for whom it was originally donated, except as authorized bythe donating manufacturer for another patient meeting that manufacturer'srequirements for the indigent patient program. Neither the practitioner northe pharmacy shall charge the patient for any medication provided through amanufacturer's indigent patient program pursuant to this subdivision. Aparticipating pharmacy, including a pharmacy participating in bulk donationprograms, may charge a reasonable dispensing or administrative fee to offsetthe cost of dispensing, not to exceed the actual costs of such dispensing.However, if the patient is unable to pay such fee, the dispensing oradministrative fee shall be waived;

11. Interfere with any legally qualified practitioner of medicine orosteopathy from providing controlled substances to his own patients in a freeclinic without charge when such controlled substances are donated by anentity other than a pharmaceutical manufacturer as authorized by subdivision10. The practitioner shall first obtain a controlled substances registrationfrom the Board and shall comply with the labeling and packaging requirementsof this chapter and the Board's regulations; or

12. Prevent any pharmacist from providing free health care to an underservedpopulation in Virginia who (i) does not regularly practice pharmacy inVirginia, (ii) holds a current valid license or certificate to practicepharmacy in another state, territory, district or possession of the UnitedStates, (iii) volunteers to provide free health care to an underserved areaof this Commonwealth under the auspices of a publicly supported allvolunteer, nonprofit organization that sponsors the provision of health careto populations of underserved people, (iv) files a copy of the license orcertificate issued in such other jurisdiction with the Board, (v) notifiesthe Board at least five business days prior to the voluntary provision ofservices of the dates and location of such service, and (vi) acknowledges, inwriting, that such licensure exemption shall only be valid, in compliancewith the Board's regulations, during the limited period that such free healthcare is made available through the volunteer, nonprofit organization on thedates and at the location filed with the Board. The Board may deny the rightto practice in Virginia to any pharmacist whose license has been previouslysuspended or revoked, who has been convicted of a felony or who is otherwisefound to be in violation of applicable laws or regulations. However, theBoard shall allow a pharmacist who meets the above criteria to providevolunteer services without prior notice for a period of up to three days,provided the nonprofit organization verifies that the practitioner has avalid, unrestricted license in another state.

This section shall not be construed as exempting any person from thelicensure, registration, permitting and record keeping requirements of thischapter or Chapter 34 of this title.

(Code 1950, § 54-481; 1966, c. 171; 1968, c. 582, § 54-524.53; 1970, c. 650,§ 54-524.54; 1972, c. 798; 1988, cc. 765, 904; 1989, c. 510; 1998, c. 101;1999, cc. 745, 750; 2000, c. 924; 2001, c. 465; 2002, cc. 666, 707, 740;2003, c. 794; 2008, c. 674; 2009, cc. 101, 353, 761.)


State Codes and Statutes

State Codes and Statutes

Statutes > Virginia > Title-54-1 > Chapter-33 > 54-1-3301

§ 54.1-3301. Exceptions.

This chapter shall not be construed to:

1. Interfere with any legally qualified practitioner of dentistry, orveterinary medicine or any physician acting on behalf of the VirginiaDepartment of Health or local health departments, in the compounding of hisprescriptions or the purchase and possession of drugs as he may require;

2. Prevent any legally qualified practitioner of dentistry, or veterinarymedicine or any prescriber, as defined in § 54.1-3401, acting on behalf ofthe Virginia Department of Health or local health departments, fromadministering or supplying to his patients the medicines that he deems properunder the conditions of § 54.1-3303 or from causing drugs to be administeredor dispensed pursuant to §§ 32.1-42.1 and 54.1-3408;

3. Prohibit the sale by merchants and retail dealers of proprietary medicinesas defined in Chapter 34 (§ 54.1-3400 et seq.) of this title;

4. Prevent the operation of automated drug dispensing systems in hospitalspursuant to Chapter 34 (§ 54.1-3400 et seq.) of this title;

5. Prohibit the employment of ancillary personnel to assist a pharmacist asprovided in the regulations of the Board;

6. Interfere with any legally qualified practitioner of medicine, osteopathy,or podiatry from purchasing, possessing or administering controlledsubstances to his own patients or providing controlled substances to his ownpatients in a bona fide medical emergency or providing manufacturers'professional samples to his own patients;

7. Interfere with any legally qualified practitioner of optometry, certifiedor licensed to use diagnostic pharmaceutical agents, from purchasing,possessing or administering those controlled substances as specified in §54.1-3221 or interfere with any legally qualified practitioner of optometrycertified to prescribe therapeutic pharmaceutical agents from purchasing,possessing, or administering to his own patients those controlled substancesas specified in § 54.1-3222 and the TPA formulary, providing manufacturers'samples of these drugs to his own patients, or dispensing, administering, orselling ophthalmic devices as authorized in § 54.1-3204;

8. Interfere with any physician assistant with prescriptive authorityreceiving and dispensing to his own patients manufacturers' professionalsamples of controlled substances and devices that he is authorized, incompliance with the provisions of § 54.1-2952.1, to prescribe according tohis practice setting and a written agreement with a physician or podiatrist;

9. Interfere with any licensed nurse practitioner with prescriptive authorityreceiving and dispensing to his own patients manufacturers' professionalsamples of controlled substances and devices that he is authorized, incompliance with the provisions of § 54.1-2957.01, to prescribe according tohis practice setting and a written agreement with a physician;

10. Interfere with any legally qualified practitioner of medicine orosteopathy participating in an indigent patient program offered by apharmaceutical manufacturer in which the practitioner sends a prescriptionfor one of his own patients to the manufacturer, and the manufacturer donatesa stock bottle of the prescription drug ordered at no cost to thepractitioner or patient. The practitioner may dispense such medication at nocost to the patient without holding a license to dispense from the Board ofPharmacy. However, the container in which the drug is dispensed shall belabeled in accordance with the requirements of § 54.1-3410, and, unlessdirected otherwise by the practitioner or the patient, shall meet standardsfor special packaging as set forth in § 54.1-3426 and Board of Pharmacyregulations. In lieu of dispensing directly to the patient, a practitionermay transfer the donated drug with a valid prescription to a pharmacy fordispensing to the patient. The practitioner or pharmacy participating in theprogram shall not use the donated drug for any purpose other than dispensingto the patient for whom it was originally donated, except as authorized bythe donating manufacturer for another patient meeting that manufacturer'srequirements for the indigent patient program. Neither the practitioner northe pharmacy shall charge the patient for any medication provided through amanufacturer's indigent patient program pursuant to this subdivision. Aparticipating pharmacy, including a pharmacy participating in bulk donationprograms, may charge a reasonable dispensing or administrative fee to offsetthe cost of dispensing, not to exceed the actual costs of such dispensing.However, if the patient is unable to pay such fee, the dispensing oradministrative fee shall be waived;

11. Interfere with any legally qualified practitioner of medicine orosteopathy from providing controlled substances to his own patients in a freeclinic without charge when such controlled substances are donated by anentity other than a pharmaceutical manufacturer as authorized by subdivision10. The practitioner shall first obtain a controlled substances registrationfrom the Board and shall comply with the labeling and packaging requirementsof this chapter and the Board's regulations; or

12. Prevent any pharmacist from providing free health care to an underservedpopulation in Virginia who (i) does not regularly practice pharmacy inVirginia, (ii) holds a current valid license or certificate to practicepharmacy in another state, territory, district or possession of the UnitedStates, (iii) volunteers to provide free health care to an underserved areaof this Commonwealth under the auspices of a publicly supported allvolunteer, nonprofit organization that sponsors the provision of health careto populations of underserved people, (iv) files a copy of the license orcertificate issued in such other jurisdiction with the Board, (v) notifiesthe Board at least five business days prior to the voluntary provision ofservices of the dates and location of such service, and (vi) acknowledges, inwriting, that such licensure exemption shall only be valid, in compliancewith the Board's regulations, during the limited period that such free healthcare is made available through the volunteer, nonprofit organization on thedates and at the location filed with the Board. The Board may deny the rightto practice in Virginia to any pharmacist whose license has been previouslysuspended or revoked, who has been convicted of a felony or who is otherwisefound to be in violation of applicable laws or regulations. However, theBoard shall allow a pharmacist who meets the above criteria to providevolunteer services without prior notice for a period of up to three days,provided the nonprofit organization verifies that the practitioner has avalid, unrestricted license in another state.

This section shall not be construed as exempting any person from thelicensure, registration, permitting and record keeping requirements of thischapter or Chapter 34 of this title.

(Code 1950, § 54-481; 1966, c. 171; 1968, c. 582, § 54-524.53; 1970, c. 650,§ 54-524.54; 1972, c. 798; 1988, cc. 765, 904; 1989, c. 510; 1998, c. 101;1999, cc. 745, 750; 2000, c. 924; 2001, c. 465; 2002, cc. 666, 707, 740;2003, c. 794; 2008, c. 674; 2009, cc. 101, 353, 761.)