HOUSE BILL REPORT

HB 1478

As Amended by the Senate

BYRepresentatives Braddock, Brooks and D. Sommers; by request of  Board of Pharmacy

Regulating the board of pharmacy.

House Committe on Health Care

Majority Report:  Do pass.  (11)

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

House Staff:John Welsh (786-7133)

AS PASSED HOUSE MARCH 6, 1989

BACKGROUND:

Currently, shopkeepers must be licensed in order to sell non-prescription drugs, but those selling 15 or less are exempt.

Sales records of prescription drugs must be preserved for five years by pharmacies, and are subject to inspection by peace officers.

An applicant for licensure as a pharmacist must be at least a citizen, alien in a pharmacy education graduate program, or a resident alien.

Currently, sellers of legend (prescription) drugs are not required to maintain records of the receipt and disposition of legend drugs, and there is no penalty for failure to do so.  The board has authority to revoke or suspend a license upon violation of state laws, but not federal law, nor for specific convictions of a felony.

Records of drug purchases or distributions by pharmaceutical manufactures, pharmacies and practitioners must be maintained for controlled substances, but currently not for legend drugs.

Information obtained by the board from pharmaceutical manufacturers, pharmacies or practitioners relative to legend drug purchases or dispensing is not currently confidential.

SUMMARY:

The exemption from registration for shopkeepers selling 15 or less non-prescription drugs is repealed.

Records of sales of prescription drugs previously required to be preserved for five years, may now be preserved for two years; and these records must be open for inspection by law enforcement officers authorized to enforce substance abuse violations.

Citizenship is no longer a requirement of licensure as a pharmacist.  The board may revoke or suspend a license for violation of federal laws or for convictions of a felony.

Pharmaceutical manufacturers, pharmacies, and practitioners must maintain, for two years, invoices or records of the purchases or distribution of legend drugs that are subject to board inspection, and failure to maintain these records is a misdemeanor.

Information obtained by the board from manufacturers, pharmacies and practitioners is declared confidential and is exempted from disclosure under the Public Disclosure Act.

EFFECT OF SENATE AMENDMENTS:  The functions of the Board of Pharmacy are transferred to the Department of Health if the enabling bill, ESHB 1324, is enacted.  Otherwise this amendment if considered null and void.  (ESHB 1324 was vetoed by the Governor).

Fiscal Note:      Requested February 3, 1989.

House Committee ‑ Testified For:    Don Williams, Board of Pharmacy.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    The regulation of all drug retailers is necessary for board investigations for drug package tampering. Resident aliens have a constitutional right to engage in an occupation or profession. The retention of records of all drug sales is necessary for drug trafficking investigations.  Federal law now requires that states revoke licenses for violations of federal law.  Trade secrets of manufacturers must be protected from the disclosure to ensure cooperation with in law enforcement efforts.

House Committee - Testimony Against:      None Presented.

VOTE ON FINAL PASSAGE:

      Yeas 93; Absent 4; Excused 1

Absent:     Representatives Braddock, Gallagher, Locke and Todd

Excused:    Representative Appelwick