CHARLESTON, W.Va. (WSAZ) -- The role of a pharmacist today goes beyond dealing with prescriptions.

"We are doing immunizations now which is a lot different, we are doing medication therapy management," University of Charleston pharmacy student John Hudson said.

That's why pharmacy students, pharmacists, and others in the medical profession are pushing lawmakers to add pharmacists to the list of who is actually a health care provider -- protected by malpractice caps in West Virginia.

Right now, medical doctors, dentists, chiropractors, even the folks who deal with mental health are protected.

"Many of our students have choices in terms of employment surrounding states, recognize pharmacies as health care providers, so we want our state to be as competitive as other states," Dr. Michelle Easton, dean of the UC Pharmacy School, said.

Delegate Don Perdue is also a pharmacist. He saysit is logic to include people in his trade but says it's a little more difficult politically than it should be. He says it was an oversight that pharmacists weren't originally included.

Hudson is not only a student of pharmacy, he is also the President of the Pharmacy Student Governance Association.

"With the trial lawyers they may be able to help one person and get them financial payment for pain and suffering," Hudson said. "However if insurance companies stop paying pharmacists for their services because they the state doesn't consider them health care providers, how many thousands of patients are you hurting?"

This issue came to light when a doctor wrote a prescription incorrectly. The pharmacist filled it the way it was written, and in the end the doctor was protected by a monetary cap -- the pharmacist paid millions.

Delegate Tim Manchin of Marion County says there is a level of responsibility that pharmacists must face and questioning prescriptions written by doctors is a part of their job. He doesn't support the legislation that would protect pharmacists.

"Before we take away someones right to recover full damages who has been injured by someone else's wrongful conduct, there should be some good reasons," Delegate Manchin said.

Delegate Manchin says one of the biggest problems with the legislation proposed is that it would grant legislative immunities to major chain drug stores.

He says that when the medical malpractice caps were put in place, it was because doctors said insurance costs were too high, and the perceived notion that doctors were leaving West Virginia because they couldn't afford the costs.

"I personally live in Huntington, I could go across the river to Ohio or Kentucky where those states do recognize pharmacists and pharmacies as health care providers," Hudson said.

UC and West Virginia University Pharmacy students have tried before to get this legislation passed.

"It's very important for our students to be involved in the process," Dean Easton said.

Easton says staying competitive is important.