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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>55719</law_id><section_number>54.1-3301</section_number><catch_line>Exceptions</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>54.1-3410.2</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="54.1">Professions and Occupations</unit><unit label="subtitle" level="2" order_by="1" identifier="III">Professions and Occupations Regulated by Boards Within the Department of Health Professions</unit><unit label="chapter" level="3" order_by="1" identifier="33">Pharmacy</unit><unit label="article" level="4" order_by="1" identifier="1">General Provisions</unit></structure><text>
						<section><p>This chapter shall not be construed to:</p></section>
						<section id="1"><p><span class="prefix-number">1.</span> Interfere with any legally qualified practitioner of dentistry, or veterinary medicine or any physician acting on behalf of the Virginia Department of Health or local health departments, in the compounding of his prescriptions or the purchase and <span class="dictionary">possession</span> of drugs as he may require; <a id="paragraph-204225" class="section-permalink" href="https://vacode.org/54.1-3301/#1"><i class="fa fa-link"/></a></p></section>
						<section id="2"><p><span class="prefix-number">2.</span> Prevent any legally qualified practitioner of dentistry, or veterinary medicine or any prescriber, as defined in &#xA7; <a class="law" title="Definitions" href="/54.1-3401/">54.1-3401</a>, acting on behalf of the Virginia Department of Health or local health departments, from administering or supplying to his patients the medicines that he deems proper under the conditions of &#xA7; <a class="law" title="Prescriptions to be issued and drugs to be dispensed for medical or therapeutic purposes only" href="/54.1-3303/">54.1-3303</a> or from causing drugs to be administered or dispensed pursuant to &#xA7;&#xA7; <a class="law" title="Administration and dispensing of necessary drugs, devices and vaccines during a declared disaster or emergency" href="/32.1-42.1/">32.1-42.1</a> and <a class="law" title="Professional use by practitioners" href="/54.1-3408/">54.1-3408</a>, except that a veterinarian shall only be authorized to <span class="dictionary">dispense</span> a compounded drug, distributed from a <span class="dictionary">pharmacy</span>, when (i) the animal is his own patient, (ii) the animal is a companion animal as defined in regulations promulgated by the <span class="dictionary">Board</span> of Veterinary Medicine, (iii) the quantity dispensed is no more than a seven-day supply, (iv) the compounded drug is for the treatment of an emergency condition, and (v) timely access to a compounding <span class="dictionary">pharmacy</span> is not available, as determined by the prescribing veterinarian; <a id="paragraph-204226" class="section-permalink" href="https://vacode.org/54.1-3301/#2"><i class="fa fa-link"/></a></p></section>
						<section id="3"><p><span class="prefix-number">3.</span> Prohibit the sale by merchants and retail dealers of proprietary medicines as defined in Chapter 34 (&#xA7; <a class="law" title="Citation" href="/54.1-3400/">54.1-3400</a> et seq.) of this title; <a id="paragraph-204227" class="section-permalink" href="https://vacode.org/54.1-3301/#3"><i class="fa fa-link"/></a></p></section>
						<section id="4"><p><span class="prefix-number">4.</span> Prevent the operation of automated drug dispensing systems in hospitals pursuant to Chapter 34 (&#xA7; <a class="law" title="Citation" href="/54.1-3400/">54.1-3400</a> et seq.) of this title; <a id="paragraph-204228" class="section-permalink" href="https://vacode.org/54.1-3301/#4"><i class="fa fa-link"/></a></p></section>
						<section id="5"><p><span class="prefix-number">5.</span> Prohibit the employment of ancillary personnel to assist a <span class="dictionary">pharmacist</span> as provided in the regulations of the <span class="dictionary">Board</span>; <a id="paragraph-204229" class="section-permalink" href="https://vacode.org/54.1-3301/#5"><i class="fa fa-link"/></a></p></section>
						<section id="6"><p><span class="prefix-number">6.</span> Interfere with any legally qualified practitioner of medicine, osteopathy, or podiatry from purchasing, possessing or administering controlled substances to his own patients or providing controlled substances to his own patients in a bona fide medical emergency or providing manufacturers&#x2019; professional samples to his own patients; <a id="paragraph-204230" class="section-permalink" href="https://vacode.org/54.1-3301/#6"><i class="fa fa-link"/></a></p></section>
						<section id="7"><p><span class="prefix-number">7.</span> Interfere with any legally qualified practitioner of optometry, certified or licensed to use diagnostic pharmaceutical agents, from purchasing, possessing or administering those controlled substances as specified in &#xA7; <a class="law" title="&quot;Diagnostic pharmaceutical agents&quot; defined; utilization; acquisition" href="/54.1-3221/">54.1-3221</a> or interfere with any legally qualified practitioner of optometry certified to prescribe therapeutic pharmaceutical agents from purchasing, possessing, or administering to his own patients those controlled substances as specified in &#xA7; <a class="law" title="TPA certification; certification for treatment of diseases or abnormal conditions with therapeutic pharmaceutical agents (TPAs)" href="/54.1-3222/">54.1-3222</a> , providing manufacturers&#x2019; samples of these drugs to his own patients, or dispensing, administering, or selling ophthalmic devices as authorized in &#xA7; <a class="law" title="Prohibited acts" href="/54.1-3204/">54.1-3204</a>; <a id="paragraph-204231" class="section-permalink" href="https://vacode.org/54.1-3301/#7"><i class="fa fa-link"/></a></p></section>
						<section id="8"><p><span class="prefix-number">8.</span> Interfere with any physician assistant with prescriptive authority receiving and dispensing to his own patients manufacturers&#x2019; professional samples of controlled substances and devices that he is authorized, in compliance with the provisions of &#xA7; <a class="law" title="Prescription of certain controlled substances and devices by licensed physician assistants" href="/54.1-2952.1/">54.1-2952.1</a>, to prescribe according to his practice setting and a written agreement with a physician or podiatrist; <a id="paragraph-204232" class="section-permalink" href="https://vacode.org/54.1-3301/#8"><i class="fa fa-link"/></a></p></section>
						<section id="9"><p><span class="prefix-number">9.</span> Interfere with any licensed advanced practice registered nurse with prescriptive authority receiving and dispensing to his own patients manufacturers&#x2019; professional samples of controlled substances and devices that he is authorized, in compliance with the provisions of &#xA7; <a class="law" title="Prescription of certain controlled substances and devices by licensed advanced practice registered nurses" href="/54.1-2957.01/">54.1-2957.01</a>, to prescribe; <a id="paragraph-204233" class="section-permalink" href="https://vacode.org/54.1-3301/#9"><i class="fa fa-link"/></a></p></section>
						<section id="10"><p><span class="prefix-number">10.</span> Interfere with any legally qualified practitioner of medicine or osteopathy participating in an <span class="dictionary">indigent</span> patient program offered by a pharmaceutical manufacturer in which the practitioner sends a prescription for one of his own patients to the manufacturer, and the manufacturer donates a stock bottle of the prescription drug ordered at no cost to the practitioner or patient. The practitioner may <span class="dictionary">dispense</span> such medication at no cost to the patient without holding a license to <span class="dictionary">dispense</span> from the <span class="dictionary">Board</span> of <span class="dictionary">Pharmacy</span>. However, the container in which the drug is dispensed shall be labeled in accordance with the requirements of &#xA7; <a class="law" title="When pharmacist may sell and dispense drugs" href="/54.1-3410/">54.1-3410</a>, and, unless directed otherwise by the practitioner or the patient, shall meet standards for special packaging as set forth in &#xA7; <a class="law" title="Regulations for special packaging" href="/54.1-3426/">54.1-3426</a> and <span class="dictionary">Board</span> of <span class="dictionary">Pharmacy</span> regulations. In lieu of dispensing directly to the patient, a practitioner may transfer the donated drug with a valid prescription to a <span class="dictionary">pharmacy</span> for dispensing to the patient. The practitioner or <span class="dictionary">pharmacy</span> participating in the program shall not use the donated drug for any purpose other than dispensing to the patient for whom it was originally donated, except as authorized by the donating manufacturer for another patient meeting that manufacturer&#x2019;s requirements for the <span class="dictionary">indigent</span> patient program. Neither the practitioner nor the <span class="dictionary">pharmacy</span> shall charge the patient for any medication provided through a manufacturer&#x2019;s <span class="dictionary">indigent</span> patient program pursuant to this subdivision. A participating <span class="dictionary">pharmacy</span>, including a <span class="dictionary">pharmacy</span> participating in bulk donation programs, may charge a reasonable dispensing or administrative fee to offset the cost of dispensing, not to exceed the actual costs of such dispensing. However, if the patient is unable to pay such fee, the dispensing or administrative fee shall be waived; <a id="paragraph-204234" class="section-permalink" href="https://vacode.org/54.1-3301/#10"><i class="fa fa-link"/></a></p></section>
						<section id="11"><p><span class="prefix-number">11.</span> Interfere with any legally qualified practitioner of medicine or osteopathy from providing controlled substances to his own patients in a free clinic without charge when such controlled substances are donated by an entity other than a pharmaceutical manufacturer as authorized by subdivision 10. The practitioner shall first obtain a controlled substances registration from the <span class="dictionary">Board</span> and shall comply with the labeling and packaging requirements of this chapter and the <span class="dictionary">Board</span>&#x2019;s regulations; or <a id="paragraph-204235" class="section-permalink" href="https://vacode.org/54.1-3301/#11"><i class="fa fa-link"/></a></p></section>
						<section id="12"><p><span class="prefix-number">12.</span> Prevent any <span class="dictionary">pharmacist</span> from providing free health care to an underserved population in Virginia who (i) does not regularly practice <span class="dictionary">pharmacy</span> in Virginia, (ii) holds a current valid license or certificate to practice <span class="dictionary">pharmacy</span> in another state, territory, district or <span class="dictionary">possession</span> of the United States, (iii) volunteers to provide free health care to an underserved area of this Commonwealth under the auspices of a publicly supported all volunteer, nonprofit organization that sponsors the provision of health care to populations of underserved people, (iv) files a copy of the license or certificate issued in such other <span class="dictionary">jurisdiction</span> with the <span class="dictionary">Board</span>, (v) notifies the <span class="dictionary">Board</span> at least five business days prior to the voluntary provision of services of the dates and location of such service, and (vi) acknowledges, in writing, that such licensure exemption shall only be valid, in compliance with the <span class="dictionary">Board</span>&#x2019;s regulations, during the limited period that such free health care is made available through the volunteer, nonprofit organization on the dates and at the location filed with the <span class="dictionary">Board</span>. The <span class="dictionary">Board</span> may deny the right to practice in Virginia to any <span class="dictionary">pharmacist</span> whose license has been previously suspended or revoked, who has been convicted of a <span class="dictionary">felony</span> or who is otherwise found to be in violation of applicable <span class="dictionary">laws</span> or regulations. However, the <span class="dictionary">Board</span> shall allow a <span class="dictionary">pharmacist</span> who meets the above criteria to provide volunteer services without prior notice for a period of up to three days, provided the nonprofit organization verifies that the practitioner has a valid, unrestricted license in another state.
			This section shall not be construed as exempting any person from the licensure, registration, permitting and record keeping requirements of this chapter or Chapter 34 of this title. <a id="paragraph-204236" class="section-permalink" href="https://vacode.org/54.1-3301/#12"><i class="fa fa-link"/></a></p></section></text><history>Code 1950, &#xA7; 54-481; 1966, c. 171; 1968, c. 582, &#xA7; 54-524.53; 1970, c. 650, &#xA7; 54-524.54; 1972, c. 798; 1988, cc. 765, 904; 1989, c. 510; 1998, c. 101; 1999, cc. 745, 750; 2000, c. 924; 2001, c. 465; 2002, cc. 666, 707, 740; 2003, c. 794; 2008, c. 674; 2009, cc. 101, 353, 761; 2012, c. 213; 2014, c. 147; 2018, cc. 100, 776; 2023, c. 183; 2025, cc. 391, 408.</history><metadata></metadata></law>
