HOUSE BILL REPORT

HB 1441

BYRepresentatives Braddock, Leonard, Brooks, Anderson, Wolfe, Bowman, D. Sommers and Prentice; by request of Board of Pharmacy

Providing for registration of out-of-state pharmacies.

House Committe on Health Care

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (10)

      Signed by Representatives Braddock, Chair; Day, Vice Chair; Brooks, Ranking Republican Member; Cantwell, Chandler, Morris, Prentice, D. Sommers, Vekich and Wolfe.

House Staff:John Welsh (786-7133)

AS REPORTED BY COMMITTEE ON HEALTH CARE FEBRUARY 15, 1989

BACKGROUND:

Currently pharmacies in other states providing prescription drugs or drug devices to Washington residents through the mail are not regulated by the Board of Pharmacy.

SUMMARY:

SUBSTITUTE BILL:  Non-resident pharmacies that ship, mail or deliver prescription drugs or drug devices to Washington residents must register annually with the Board, and provide annually certain information including names of corporate officers and the pharmacists dispensing those drugs or devices.

They must also disclose the most recent inspection report issued by the agency regulating it; maintain a valid license with that agency; keep records of these drug sales; and provide a toll free telephone service for consumers.  These pharmacies must also comply with Board rules on use of patient medication record systems and patient vitalization information.

The Board, upon request, may require information from non-resident pharmacies regarding the drugs dispensed in this state.

The Board has authority to deny, revoke or suspend the registration for violations of this law, or for conduct which causes serious bodily or psychological injury to a state resident if the other regulatory agency has failed to initiate an investigation within 45 days of a referred complaint.  It is unlawful for an unregistered pharmacy to advertise in this state.  The Board has rule-making power to implement the provisions of this law.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  The quarterly submission of specific information on drugs dispensed in this state by non-resident pharmacies to the Board is deleted and the Board has authority to request what information it needs on a case-by-case basis. The registration of pharmacies may be revoked or denied for violations of this law, and not for violations of state drug laws in general.  The Board is given rule-making authority.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Don Williams, Board of Pharmacy; Dan O'Donnell, Local 1001 UFCW, and Steve Duncan, Kaiser Permanente.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    The Board would like to have authority to to regulate the quality of drugs coming into this state from out-of- state pharmacies.  There may be questions about specific drugs or drug abuse complaints which the Board needs to investigate to protect the health and safety of Washington residents.  There were concerns, however, that stricter regulation of out-of-state pharmacies could unreasonably interfere with lawful interstate commerce, and may impose burdens on out-of-state pharmacies not required of in-state pharmacies.

House Committee - Testimony Against:      None Presented.