(a) If the board obtains information that any person has engaged in, is engaging in or is about to engage in any act which constitutes or will constitute a violation of the provisions of this article, the rules promulgated pursuant to this article, or a final order or decision of the board, it may issue a notice to the person to cease and desist in engaging in the act and/or apply to the circuit court in the county of the alleged violation for an order enjoining the act.
(b) The circuit court may issue a temporary injunction pending a decision on the merits, and may issue a permanent injunction based on its findings in the case.
(c) The judgment of the circuit court on an application permitted by the provisions of this section is final unless reversed, vacated or modified on appeal to the West Virginia Supreme Court of Appeals.
Structure West Virginia Code
Chapter 30. Professions and Occupations
Article 5. Pharmacists, Pharmacy Technicians, Pharmacy Interns and Pharmacies
§30-5-5. West Virginia Board of Pharmacy
§30-5-6. Powers and Duties of the Board
§30-5-7. Rule-Making Authority
§30-5-8. Fees; Special Revenue Account; Administrative Fines
§30-5-9. Qualifications for Licensure as Pharmacist;
§30-5-10. Scope Practice for Licensed Pharmacist;
§30-5-11. Registration of Pharmacy Technicians
§30-5-11a. Pharmacy Technician Trainee Qualifications
§30-5-12. Scope Practice for Registered Pharmacy Technician
§30-5-15. Reciprocal Licensure of Pharmacists From Other States or Countries
§30-5-16. Renewal Requirements
§30-5-18. Pharmacist Requirements to Participate in a Collabora-Tive Pharmacy Practice Agreement
§30-5-19. Collaborative Pharmacy Practice Agreement and Practice Notification
§30-5-20. Board Authorizations Shall Be Displayed
§30-5-22. Pharmacies to Be Registered
§30-5-23. Pharmacist-in-Charge
§30-5-24. Permits for Mail-Order Pharmacy
§30-5-26. Filling of Prescriptions More Than One Year After Issuance
§30-5-27. Partial Filling of Prescriptions
§30-5-29. Limitations of Article
§30-5-30. Actions to Enjoin Violations
§30-5-31. Complaints; Investigations; Due Process Procedure; Grounds for Disciplinary Action
§30-5-32. Procedures for Hearing; Right of Appeal
§30-5-35. Conversion of Prescriptions Authorizing Refills
§30-5-36. Emergency Prescriptions for Life-Sustaining Medication