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HB 4313

Relating to authorizing the Board of Pharmacy to promulgate a legislative rule relating to pharmacists.

2026 Regular Session Introduced by Doug Smith

The bill grants the West Virginia Board of Pharmacy authority to promulgate and codify regulatory rules governing pharmacist practice and related regulatory matters.

To House Judiciary
#legislature--rulemaking
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Bill Summary · HB 4313

Bill Summary: HB 4313 (West Virginia, 2026)

Purpose and Intent

  • HB 4313 seeks to authorize the Board of Pharmacy to promulgate a legislative rule related to pharmacists. In practical terms, this bill gives the Board explicit statutory authority to adopt and codify rules governing the practice, conduct, and other regulatory matters involving pharmacists within the state.

Key Provisions and Changes

  • Authority to Promulgate Legislative Rules: The core provision would enable the West Virginia Board of Pharmacy to establish and publish legislative rules. This typically includes rules that interpret or implement existing statutory requirements for pharmacist licensing, practice standards, dispensing procedures, patient care activities, and related regulatory activities.
  • Rulemaking Framework: The bill would set or reference the procedural framework for rulemaking—likely including notice-and-comment processes, public hearing opportunities, and effective dates for new or amended rules. While the exact procedural details are not specified in the summary, “promulgate a legislative rule” generally aligns with standard WV regulatory practice requiring public engagement and eventual codification in the West Virginia Code.
  • Scope of Rules: While not enumerated in the summary, the rules could cover areas such as:
    • Standards of pharmaceutical care and patient safety
    • Requirements for licensure, certification, and ongoing competency
    • Dispensing practices, recordkeeping, and privacy considerations
    • Pharmacist immunization authority, collaboration with prescribers, and collaborative practice agreements
    • Pharmacy technician roles and supervision
    • Pharmacist ethics, professional conduct, and disciplinary processes
  • Co-sponsorship: The bill lists Doug Smith as a co-sponsor, indicating bipartisan support or collaboration within the House.

Affected Parties and Impacts

  • Primary Beneficiaries: Pharmacists practicing in West Virginia, pharmacies (community, hospital, and other settings), and pharmacy students/educational institutions involved in regulatory compliance.
  • Indirect Impacts:
    • Patients and the public may experience clarified or updated standards of care, potentially affecting access to medications, immunizations, and pharmaceutical services.
    • Pharmacists and pharmacy employers will need to review and implement any new or revised rules, which could influence workflows, documentation, and disciplinary processes.
  • Regulatory Impact: Provides a formal mechanism for the Board of Pharmacy to address evolving practice standards and regulatory needs through legislative rules, enabling timely updates without requiring new statute.

Procedural and Timeline Considerations

  • Initial Referral and Committees: The bill progressed from Government Organization to Judiciary, indicating committee consideration and potential refinements before broader floor action.
  • Committee Actions: On January 30, 2026, the bill received a “Do pass” recommendation, with the process moving forward from Judiciary. This suggests preliminary approval contingent on any amendments.
  • Legislative Process Path: If advanced, the bill would continue through respective legislative chambers (House, then potentially Senate) with standard readings, votes, and any conference or reconciliation steps if differences arise.
  • Effective Date: Specific effective dates are not provided in the summary. Typically, legislative rules take effect upon promulgation and when published in the state register or code, with interim or delayed effective dates common for regulatory rules.

Notes

  • The summary does not specify the exact text of the proposed rule or the scope of topics to be addressed beyond the general authority to promulgate a legislative rule.
  • Stakeholders may want to monitor committee votes and any amendments to understand the precise regulatory changes and implementation timeline if the bill passes.

If you’d like, I can look up the bill’s full text or committee amendments to provide a more detailed point-by-point outline of the proposed regulatory provisions.

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

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