(a) No druggist, pharmacist or other person, not a licensed physician under the laws of the state, may prescribe, recommend, sell, compound or mix any drugs, medicines or other substances to be used for the cure or alleviation of a sexually transmitted disease, including drugs, medicines or substances that are patented, proprietary or otherwise, unless:
(1) The druggist or pharmacist receives a written prescription, formula or order written for the person for whom the drugs or medicines are compounded and signed by a physician licensed to practice under the laws of the state;or
(2) The drug being recommended or sold has received federal food and drug administration approval for over-the-counter use.
(b) All drugs, medicines or substances that are known to the medical profession as being commonly used for the cure or alleviation of sexually transmitted diseases, whether the name is on the bottles or labels or not, is subject to the prohibitions established pursuant to the provisions of this section.
(c) All drugstores shall be at all times open to the inspection of any local health officer, or to any party designated by the director of the sexually transmitted diseases program of the state, to determine whether the provisions of this section are being carried out by the druggists or stores. A sale by a clerk is considered a sale by the owner or proprietor, and both may be prosecuted under the provisions of this article for a misdemeanor.
Structure West Virginia Code
Article 4. Sexually Transmitted Diseases
§16-4-1. Diseases Designated as Sexually Transmitted
§16-4-2. Investigations by Local Health Officers
§16-4-3. Medical Clinics and Detention Houses
§16-4-4. Evidence of Infection
§16-4-5. Examination of Convicts; Liability for Expenses
§16-4-6. Reports by Physicians
§16-4-7. False Report or Information
§16-4-8. Blanks and Fees for Reports
§16-4-11. Precautions as to Exposure to Disease
§16-4-12. Persons Not Under Treatment
§16-4-13. Sources of Infection
§16-4-14. Issuance of Warrant or Order as to Custody
§16-4-15. Form and Execution of Warrant
§16-4-16. Hearing on Warrant; Detention
§16-4-17. Release From Detention
§16-4-18. Employment of Infected Person
§16-4-19. Voluntary Submission to Examination and Treatment; Charges; Disposition of Money Collected
§16-4-20. Communication of Disease; Certificate
§16-4-23. Costs and Expenses of Enforcement; Jointly Established Places of Detention
§16-4-24. Offenses by Druggists
§16-4-25. Advertisements Concerning Venereal Disease, etc.; Penalty; Exceptions
§16-4-26. Offenses Generally; Penalties; Jurisdiction of Justices; Complaints
§16-4-27. Additional Power and Authority of Local Health Officers