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Bill

Bill

HB 4311

Relating to authorizing the Board of Pharmacy to promulgate a legislative rule relating to immunizations administered by pharmacists, pharmacy interns, and pharmacy technicians.

2026 Regular Session Introduced by Doug Smith

Authorizes the West Virginia Board of Pharmacy to adopt a formal rule (15 CSR 12) on immunizations given by pharmacists, interns, and technicians.

To House Judiciary
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Bill Summary · HB 4311

Overview

  • Bill: HB 4311
  • Session: 2026
  • Jurisdiction: West Virginia
  • Purpose: Authorize the West Virginia Board of Pharmacy to promulgate a legislative rule concerning immunizations administered by pharmacists, pharmacy interns, and pharmacy technicians.

What the Bill Does

  • The bill amends and reenacts a section of the Code (§64-9-1) to formally authorize the Board of Pharmacy to adopt and promulgate a legislative rule governing immunizations that may be administered by:
    • Pharmacists
    • Pharmacy interns
    • Pharmacy technicians
  • It references a specific rule previously filed in the State Register (15 CSR 12) regarding immunizations, which the Board had authorized under authority §30-5-7, and which was subject to review and objection processes by the Legislative Rule-Making Review Committee, with a later refiling in the State Register.
  • The bill notes that the purpose is to authorize the Board to promulgate this legislative rule on immunizations.

Key Provisions and Changes

  • Establishes statutory authorization for the Board of Pharmacy to create regulatory rules about immunizations administered by:
    • Pharmacists
    • Pharmacy interns
    • Pharmacy technicians
  • Integrates the regulatory history by referencing:
    • Initial rule filed July 24, 2025 (State Register)
    • Modified and refiled rule on October 22, 2025 (State Register)
    • The rule in question is identified as 15 CSR 12
  • Clarifies that the proposed rulemaking is to govern immunizations administered by qualified pharmacy personnel, aligning board rulemaking with the state’s legislative rule-making framework.

Who Is Affected

  • Primary:
    • Board of Pharmacy
    • Pharmacists, pharmacy interns, and pharmacy technicians who administer immunizations
  • Secondary:
    • Individuals receiving immunizations from pharmacy staff
    • Entities and facilities where immunizations are administered (e.g., community pharmacies, clinics that employ pharmacists or trained technicians)

Procedural and Timeline Details

  • The bill’s action history indicates:
    • Filed for introduction: January 14, 2026
    • Assigned to Government Organization, then Judiciary committees
    • Reported “Do pass” with a note “but first to Judiciary” on January 30, 2026
  • The bill relies on existing state rulemaking processes:
    • Legislative rule filed in State Register (July 24, 2025)
    • Refined to address Legislative Rule-Making Review Committee objections and refiled (October 22, 2025)
  • The core effect is to authorize formal rulemaking, not to set immunization standards directly in statute; specifics are to be found in the referenced regulatory rule (15 CSR 12) once promulgated.

Potential Impact

  • Enables formal regulatory guidance on which immunizations can be administered by pharmacists, interns, and technicians, as well as related standards for practice, training, supervision, recordkeeping, and patient safety.
  • Provides a clear statutory basis for the Board of Pharmacy to adopt, modify, or enforce immunization-related rules, improving consistency and compliance across licensed pharmacies.
  • Affects practice scope and training requirements for pharmacy staff who administer vaccines.

Notes

  • The bill is relatively narrow in scope, focusing on authorizing regulatory rulemaking rather than altering immunization practices directly in statute.
  • For specifics on allowable vaccines, protocols, and supervision requirements, refer to the enacted rule 15 CSR 12 once in effect.

Compiled from official sources — confirm details with the bill’s official record.

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