9/7/2016 4:58 pm
Date / Time filed with the Register of Regulations
VA.R. Document Number: R____-______
Virginia Register Publication Information

Transmittal Sheet: Response to Petition for Rulemaking
Initial Agency Notice
Agency Decision
Promulgating Board: Board of Pharmacy
Regulatory Coordinator: Elaine J. Yeatts


Agency Contact: Caroline Juran, RPh

Executive Director


Contact Address: Department of Health Professions

9960 Mayland Drive

Suite 300

Richmond, VA 23233
Chapter Affected:
18 vac 110 - 20: Regulations Governing the Practice of Pharmacy
Statutory Authority: State: Chapters 33 and 34 of Title 54.1

Date Petition Received 07/15/2016
Petitioner Roger StClair
 Petitioner's Request
To authorize use of electronic devices in lieu of manual emergency drug kits and stat-drug boxes to provide for initiating therapy prior to the receipt of ordered drugs from the pharmacy. Current regulation does not designate electronic devices being utilized as unit dose systems purely for first dose non-routine vs automated dispensing devices utilized for full or routine dispensing in Long Term Care facilities.
 Agency Plan
In accordance with Virginia law, the petition has been filed with the Register of Regulations and will be published on August 8, 2016.  Comment on the petition may be sent by email, regular mail or posted on the Virginia Regulatory Townhall at www.townhall.virginia.gov; comment will be requested until August 31, 2016. Following receipt of all comments on the petition to amend regulations, the Board will decide whether to make any changes to the regulatory language in Regulations Governing the Practice of Pharmacy.  This matter will be on the Board's agenda for its meeting scheduled for September 7, 2016, and the petitioner will be informed of the Board's decision after that meeting.
Publication Date 08/08/2016  (comment period will also begin on this date)
Comment End Date 08/31/2016
 Agency Decision
Initiate a regulatory change
Agency Response Date 09/07/2016
 Agency Decision Text
At its meeting on September 7, 2016, the Board considered the petition and a public comment in support.  The Board concluded it will issue a Notice of Intended Regulatory Action to consider an amendment to the allowance in 18VAC110-20-555, which currently provides: Drugs that would be stocked in an emergency drug kit pursuant to 18VAC110-20-540 may be accessed prior to receiving electronic authorization from the pharmacist provided that the absence of the drugs would threaten the survival of the patients. Additionally, the Board will consider amending the quantity limitations for drugs accessed by an automatic dispensing device.