2005 West Virginia Code - §30-5-21. — Limitations of article.

§30-5-21. Limitations of article.
(a) Nothing in this article shall be construed to prevent, restrict or in any manner interfere with the sale of non-narcotic nonprescription drugs which may be lawfully sold without a prescription in accordance with the United States food, drug, and cosmetic act, or the laws of this state, nor shall any rule be adopted by the board which shall require the sale of nonprescription drugs by a licensed pharmacist or in a pharmacy, or which shall prevent, restrict, or otherwise interfere with the sale or distribution of such drugs by any retail merchant. The sale or distribution of nonprescription drugs shall not be deemed to be improperly engaging in the practice of pharmacy.
(b) Nothing in this article shall be construed to interfere with any legally qualified practitioner of medicine, dentistry or veterinary medicine, who is not the proprietor of the store for the dispensing or retailing of drugs, and who is not in the employ of such proprietor, in the compounding of his own prescriptions, or to prevent him from supplying to his patients such medicines as he may deem proper, if such supply is not made as a sale.