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

2026 Regular Session Introduced by Doug Smith

authorizes the West Virginia Board of Pharmacy to promulgate a legislative rule governing pharmacy permits (15 CSR 15) and formalizes its authority to establish permit-related regu

To House Judiciary

#legislature--rulemaking

Summary of HB 4312 (2026, West Virginia)

Purpose and intent

This bill authorizes the West Virginia Board of Pharmacy to promulgate a legislative rule regarding pharmacy permits.

It sources authority from existing statute and places the Board of Pharmacy in a position to finalize and publish a rule related to pharmacy permits.

Key provisions and changes

Amends and reenacts the Code of West Virginia, §64-9-1, in the section governing miscellaneous boards and agencies that may promulgate legislative rules.

Specifically acknowledges that the legislative rule filed in the State Register on July 24, 2025, relating to the Board of Pharmacy (pharmacy permits, identified as 15 CSR 15) has been authorized under §30-5-7 of the code.

The rule was modified by the Board to address objections from the Legislative Rule-Making Review Committee and refiled in the State Register on October 22, 2025.

The bill’s stated purpose is to authorize the Board of Pharmacy to promulgate a legislative rule relating to pharmacy permits, effectively formalizing the Board’s authority to establish permit-related regulations through the legislative rule process.

Who or what is affected

The primary entity affected is the West Virginia Board of Pharmacy.

Entities seeking pharmacy permits (pharmacies, pharmacists, and related facilities) would be governed by the forthcoming or existing legislative rule (15 CSR 15) on pharmacy permits once promulgated and in force.

State regulatory and compliance processes interact with this rule, including the State Register publication and Legislative Rule-Making Review Committee oversight.

Procedural and timeline aspects

The Rule: The rule in question is identified as 15 CSR 15 (pharmacy permits). It was filed July 24, 2025, authorized under §30-5-7, and revised after responding to LRMRC objections, with a refiled state register entry on October 22, 2025.

Legislative action: HB 4312 was introduced January 14, 2026, and referred to the Committee on Government Organization, then to the Judiciary. The House passed “Do pass, but first to Judiciary” on January 30, 2026, with the bill moving to House Judiciary.

The bill does not itself change substantive permit criteria but rather authorizes the Board of Pharmacy to promulgate the legislative rule addressing pharmacy permits. It serves to authorize and recognize the existing or forthcoming rulemaking activity.

Practical impact

For regulators: Provides statutory clearance for the Board of Pharmacy to continue or finalize the rulemaking process for pharmacy permits, ensuring the regulatory framework governing permits is legally authorized and enforceable.

For licensees and applicants: Potentially affects permit requirements, application processes, renewals, compliance standards, and related administrative procedures once the rule is enacted and published.

For stakeholders: Ensures alignment with the state’s legislative rule-making process and oversight by the Legislative Rule-Making Review Committee.

If you’d like, I can add a brief comparison to current permit requirements or outline potential dates when the rule might become effective, based on typical WV regulatory timelines.