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2004 SESSION


CHAPTER 854
An Act to amend and reenact § 54.1-3435.02 of the Code of Virginia, relating to exemptions from the requirements for being licensed as wholesale distributors when engaging in certain small quantities of wholesale distribution.
[H 852]
Approved April 14, 2004

Be it enacted by the General Assembly of Virginia:

1. That § 54.1-3435.02 of the Code of Virginia is amended and reenacted as follows:

§ 54.1-3435.02. Certain permitted pharmacies exempted.

A. A permitted pharmacy may engage in wholesale distributions of small quantities of prescription drugs without being licensed as wholesale distributors when such wholesale distributions are in compliance with federal law as follows: such wholesale distributions of controlled substances do not exceed five percent of the gross annual sales of prescription drugs by the relevant permitted pharmacy or such wholesale distributions of Schedules II through V controlled substances do not exceed five percent of the total dosage units of the Schedule II through V controlled substances dispensed annually by the relevant permitted pharmacy.

B. A permitted medical equipment supplier may engage in wholesale distributions of small quantities of oxygen without being licensed as a wholesale distributor when such wholesale distributions are in compliance with federal law and such distributions do not exceed five percent of the gross annual sales of oxygen by the relevant permitted medical equipment supplier.