                                 CODE OF VIRGINIA

EXCEPTIONS (§ 54.1-3301)

This chapter shall not be construed to:

1. 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 possession of drugs as he may require;

2. Prevent any legally qualified practitioner of dentistry, or veterinary
medicine or any prescriber, as defined in &#xA7; 54.1-3401, 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; 54.1-3303 or from causing drugs to be
administered or dispensed pursuant to &#xA7;&#xA7; 32.1-42.1 and 54.1-3408,
except that a veterinarian shall only be authorized to dispense a compounded
drug, distributed from a pharmacy, when (i) the animal is his own patient, (ii)
the animal is a companion animal as defined in regulations promulgated by the
Board 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 pharmacy is not available, as
determined by the prescribing veterinarian;

3. Prohibit the sale by merchants and retail dealers of proprietary medicines as
defined in Chapter 34 (&#xA7; 54.1-3400 et seq.) of this title;

4. Prevent the operation of automated drug dispensing systems in hospitals
pursuant to Chapter 34 (&#xA7; 54.1-3400 et seq.) of this title;

5. Prohibit the employment of ancillary personnel to assist a pharmacist as
provided in the regulations of the Board;

6. 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&#8217; professional
samples to his own patients;

7. 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; 54.1-3221 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; 54.1-3222 , providing manufacturers&#8217; samples of these drugs to his
own patients, or dispensing, administering, or selling ophthalmic devices as
authorized in &#xA7; 54.1-3204;

8. Interfere with any physician assistant with prescriptive authority receiving
and dispensing to his own patients manufacturers&#8217; professional samples of
controlled substances and devices that he is authorized, in compliance with the
provisions of &#xA7; 54.1-2952.1, to prescribe according to his practice setting
and a written agreement with a physician or podiatrist;

9. Interfere with any licensed advanced practice registered nurse with
prescriptive authority receiving and dispensing to his own patients
manufacturers&#8217; professional samples of controlled substances and devices
that he is authorized, in compliance with the provisions of &#xA7; 54.1-2957.01,
to prescribe;

10. Interfere with any legally qualified practitioner of medicine or osteopathy
participating in an indigent 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 dispense such medication at no cost to the patient without
holding a license to dispense from the Board of Pharmacy. However, the container
in which the drug is dispensed shall be labeled in accordance with the
requirements of &#xA7; 54.1-3410, and, unless directed otherwise by the
practitioner or the patient, shall meet standards for special packaging as set
forth in &#xA7; 54.1-3426 and Board of Pharmacy regulations. In lieu of
dispensing directly to the patient, a practitioner may transfer the donated drug
with a valid prescription to a pharmacy for dispensing to the patient. The
practitioner or pharmacy 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&#8217;s requirements for the indigent
patient program. Neither the practitioner nor the pharmacy shall charge the
patient for any medication provided through a manufacturer&#8217;s indigent
patient program pursuant to this subdivision. A participating pharmacy,
including a pharmacy 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;

11. 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
Board and shall comply with the labeling and packaging requirements of this
chapter and the Board&#8217;s regulations; or

12. Prevent any pharmacist from providing free health care to an underserved
population in Virginia who (i) does not regularly practice pharmacy in Virginia,
(ii) holds a current valid license or certificate to practice pharmacy in
another state, territory, district or possession 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 jurisdiction with the Board, (v) notifies the Board 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 Board&#8217;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 Board. The Board may deny the right to practice in Virginia to any
pharmacist whose license has been previously suspended or revoked, who has been
convicted of a felony or who is otherwise found to be in violation of applicable
laws or regulations. However, the Board shall allow a pharmacist 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.

HISTORY: Code 1950, § 54-481; 1966, c. 171; 1968, c. 582, § 54-524.53; 1970,
c. 650, § 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.