4/7/2016 2:05 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: Elaine Yeatts

Agency Regulatory Coordinator


Contact Address: Department of Health Professions

9960 Mayland Drive

Henrico, 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 12/31/2015
Petitioner David Merryfield
 Petitioner's Request
To allow bar code and RFID scanning to extend the pharmacist check, once the bar code or RFID scan has been verified once for each product by a pharmacist.
 Agency Plan
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 February 24, 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 March 25, 2016, and the petitioner will be informed of the Board's decision on his request after that meeting
Publication Date 01/25/2016  (comment period will also begin on this date)
Comment End Date 02/24/2016
 Agency Decision
Take no action
Agency Response Date 04/07/2016
 Agency Decision Text
At its meeting on March 25th, the Board considered the petition; there were no public comments received in support or in opposition.  Following a lengthy discussion, the Board denied the request in the petition since there is a mechanism through the consideration of an innovative (pilot) program for use of this technology in lieu of pharmacist verification.  In order to accomplish the recommended change, the petitioner could consider submitting an application for the pilot process with specificity for the practice proposed. Additionally, the petitioner was reminded that one may currently use bar code and RFID technology to assist staff in the dispensing process; however it cannot replace the required pharmacist verification of accuracy.  While the Board does not intend to initiate rulemaking at this time, the Board will continue to test out efficiencies and innovation in pharmacy practice through pilots for which the results can inform policy decisions.