H-3408              _______________________________________________

                                                   HOUSE BILL NO. 1468

                        _______________________________________________

State of Washington                              49th Legislature                              1986 Regular Session

By Representatives Leonard, Lewis, Appelwick, Cole, Crane, Scott, Rayburn, Lux, Day, Nutley, Dellwo, P. King and Winsley; by request of Board of Pharmacy

Read first time 1/15/86 and referred to Committee on Social & Health Services.

AN ACT Relating to controlled substances; and amending RCW 69.50.302.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 69.50.302, chapter 308, Laws of 1971 ex. sess. and RCW 69.50.302 are each amended to read as follows:

          (a) Every person who manufactures, prescribes, distributes, or dispenses any controlled substance within this state or who proposes to engage in the manufacture, prescription, distribution, or dispensing of any controlled substance within this state, must obtain annually a registration issued by the state board of pharmacy in accordance with its rules.

          (b) Persons registered by the board under this chapter to manufacture, prescribe, distribute, dispense, or conduct research with controlled substances may possess, manufacture, prescribe, distribute, dispense, or conduct research with those substances to the extent authorized by their registration and in conformity with the other provisions of this Article.

          (c) The following persons need not register and may lawfully possess controlled substances under this chapter:

          (1) an agent or employee of any registered manufacturer, distributor, or dispenser of any controlled substance if he is acting in the usual course of his business or employment:  PROVIDED, That this exemption shall not ((include)) allow any agent or employee ((distributing)) to distribute sample controlled substances to practitioners ((without an order));

          (2) a common or contract carrier or warehouseman, or an employee thereof, whose possession of any controlled substance is in the usual course of business or employment;

          (3) an ultimate user or a person in possession of any controlled substance pursuant to a lawful order of a practitioner or in lawful possession of a Schedule V substance.

          (d) The board may waive by rule the requirement for registration of certain manufacturers, prescribers, distributors, or dispensers if it finds it consistent with the public health and safety:  PROVIDED, That personal practitioners licensed or registered in the state of Washington under the respective professional licensing acts shall not be required to be registered under this chapter unless the specific exemption is denied pursuant to RCW 69.50.305 for violation of any provisions of this chapter.

          (e) A separate registration is required at each principal place of business or professional practice where the applicant manufactures, distributes, or dispenses controlled substances.

          (f) The board may inspect the establishment of a registrant or applicant for registration in accordance with the board's rule.