Relating to authorizing the Board of Pharmacy to promulgate a legislative rule relating to regulations governing pharmacy permits
Summary
HB2314 is a rule-authorization bill that approves a legislative rule for the West Virginia Board of Pharmacy concerning regulations governing pharmacy permits. The bill does not itself create a new pharmacy permitting framework; instead, it gives legislative approval to the Board’s existing or proposed rule, identified as 15 CSR 15, after it was filed, modified to address objections from the Legislative Rule-Making Review Committee, and refiled.
In practical terms, the bill allows the Board of Pharmacy to move forward with administrative regulations that govern how pharmacy permits are issued, maintained, or otherwise regulated under state law. Because the measure is limited to authorizing a rule, its legal effect is to validate the Board’s rulemaking authority in this area and incorporate the rule into the state’s regulatory structure rather than amend substantive pharmacy licensing statutes directly.
Impact
HB2314 affects West Virginia’s administrative law by authorizing a specific legislative rule under §30-5-7 of the Code and §64-9-1’s rule-approval process. The bill’s impact is on the Board of Pharmacy, pharmacies, and other permit holders or applicants subject to pharmacy permit regulations, because it permits the Board’s rule on pharmacy permits to take effect as part of the state’s regulatory framework.
Sentiment
There is little evidence of controversy or opposition in the available record. The bill appears to be a routine administrative rule-approval measure, and the fact that the Board modified the rule to meet objections from the Legislative Rule-Making Review Committee suggests the rule had already been reviewed and adjusted through the normal legislative oversight process. No votes or committee transcripts are available to indicate broader debate.
Contention
The main point of potential contention is the content of the Board of Pharmacy’s underlying permit rule, 15 CSR 15, particularly any provisions that may have prompted objections from the Legislative Rule-Making Review Committee before the rule was revised and refiled. However, the bill text and available context do not identify any specific disputed provisions, and there is no recorded floor or committee debate showing organized support or opposition.
Making a supplementary appropriation to the Department of Human Services, Bureau for Medical Services – Policy and Programming and State Board of Education – State Department of Education