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HB 4310

Relating to authorizing the Board of Pharmacy to promulgate a legislative rule relating to pharmacist recovery networks.

2026 Regular Session Introduced by Doug Smith

The bill would let the Board of Pharmacy create a formal pharmacist recovery network through a rule, guiding participation, confidentiality, and oversight.

To House Judiciary
#legislature--rulemaking
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Bill Summary · HB 4310

Bill Summary: HB 4310 (West Virginia, 2026)

Purpose and Intent

HB 4310 proposes to authorize the Board of Pharmacy to promulgate a legislative rule establishing a pharmacist recovery network. The bill is aimed at creating a formal framework within which pharmacists can participate in a recovery or support network, potentially addressing issues related to pharmacist wellness, impairment, or error recovery processes. The exact scope and design of the recovery network would be set forth in the Board of Pharmacy’s legislative rule.

Key Provisions and Changes

  • Authority granted: The Board of Pharmacy would be empowered to promulgate a legislative rule to establish a pharmacist recovery network. This means the Board could create formal policies, procedures, and standards governing participation, operations, confidentiality, reporting, and oversight.

  • Rulemaking framework: The bill directs or enables the Board to develop a rule through the standard rulemaking process, including public notice, opportunity for comment, and eventual adoption as a legislative rule. The specifics of the rule (e.g., eligibility, referral processes, confidentiality protections, supervision, and funding) would be defined in the rule itself.

  • Scope of network: While not specified in the bill text provided, a typical pharmacist recovery network would address:

    • Referral and coordination for pharmacists seeking help with substance use disorders, mental health concerns, or impairment.
    • Confidentiality protections for participants.
    • Non-punitive, supportive approaches designed to facilitate recovery and safe return to practice.
    • Monitoring and reporting requirements to ensure patient safety while protecting participant privacy.

  • Impact on licensees: Pharmacists licensed or regulated by the West Virginia Board of Pharmacy could be affected insofar as participation in the recovery network would be governed by the new rule. This could influence mandated reporting, remediation, or monitoring processes when impairment or substance-related issues arise.

Affected Parties

  • Primary: Pharmacists licensed in West Virginia and regulated by the Board of Pharmacy.
  • Secondary: Employers, pharmacy employers, and other healthcare stakeholders who interact with pharmacists, as well as patients who may benefit from a transparent, supportive approach to addressing impairment and preserving safe practice.

Procedural and Timeline Aspects

  • Introduction and referral process (House): HB 4310 was introduced and routed through committees. Initial action indicates it moved from Government Organization to Judiciary, suggesting a typical legislative progression for rulemaking-related measures.
  • Committee actions (2026):
    • January 14: Introduced; referred to Government Organization, then Judiciary.
    • January 30: Reported “Do pass, but first to Judiciary,” indicating the bill advanced from committee with a recommendation to proceed to the floor, but preceded by Judiciary committee action.
  • Next steps (anticipated): If enacted, the Board would initiate rulemaking procedures to adopt a legislative rule. This includes public notice, opportunity for comment, potential hearings, and eventual adoption as a binding rule within the state administrative framework.

Notes and Considerations

  • The bill grants authority to create a rule rather than mandating a specific network structure in statute. Detailed design, eligibility criteria, confidentiality provisions, and enforcement mechanisms would be contained within the Board’s rule.
  • Stakeholders may expect focus on protecting patient safety while supporting pharmacists seeking help, with attention to balancing professional accountability and compassionate response.
  • Since the bill centers on rulemaking, its immediate effect hinges on the Board’s forthcoming rule proposal and the legislative approval of that rule.

If you’d like, I can provide a plain-language briefing for non-experts or a comparison with similar pharmacist recovery initiatives in other states.

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

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