WSR 03-17-004

PROPOSED RULES

DEPARTMENT OF HEALTH


(Board of Pharmacy)

[ Filed August 7, 2003, 2:24 p.m. ]

     Continuance of WSR 03-11-092.

     Preproposal statement of inquiry was filed as WSR 03-11-092 [98-14-118].

     Title of Rule: WAC 246-870-010 - 246-870-090, electronic transmission of prescription information.

     Purpose: The proposed rule implements legislation to allow the electronic transfer of prescription information from practitioner's offices to pharmacies and between pharmacies.

     Statutory Authority for Adoption: Chapters 69.41, 69.50 RCW, RCW 18.64.005.

     Statute Being Implemented: Chapters 69.41, 69.50 RCW.

     Summary: The proposed rule will ensure compliance with law on the electronic transfer of prescription information and provide guidance to the user on how compliance with the rule can be achieved. The rule also implements legislation enacted in 2001 pertaining to the faxing of controlled substance prescriptions.

     Reasons Supporting Proposal: Promotes public health and safety.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Donald Williams, 310 Israel Road S.E., Tumwater, WA 98501, (360) 236-4828.

     Name of Proponent: Department of Health, Board of Pharmacy, governmental.

     Rule is not necessitated by federal law, federal or state court decision.

     Explanation of Rule, its Purpose, and Anticipated Effects: The proposed rule allows the electronic transfer of prescription information from practitioner's offices to pharmacies and between pharmacies. The proposed rule provides guidance to users on how compliance with the rule can be achieved. Electronic prescription transfer programs can promote public health and safety by reducing medication errors attributed to illegible handwriting and look alike/sound alike drugs. By requiring standard data input protocols, pharmacists should not need to contact prescribers to obtain missing prescription information. This could reduce patient wait time at the pharmacy. The rule also implements legislation enacted in 2001 pertaining to the faxing of controlled substance prescriptions.

     Proposal does not change existing rules. This is a new WAC section.

     A small business economic impact statement has been prepared under chapter 19.85 RCW.

Small Business Economic Impact Statement

     See WSR 03-11-092.

     A copy of the statement may be obtained by writing to Lisa Salmi, Department of Health, Board of Pharmacy, P.O. Box 47863, Olympia, WA 98504-7863, Lisa.Salmi@doh.wa.gov, phone (360) 236-4828, fax (360) 586-4359.

     RCW 34.05.328 applies to this rule adoption. The rule subjects a violator of the rule to penalty or sanction.

     Hearing Location: Phoenix Inn, 12712 S.E. 2nd Circle, Vancouver, WA 98684, on September 12, 2003, at 1:00 p.m.

     Assistance for Persons with Disabilities: Contact Lisa Salmi by September 1, 2003, TDD (800) 833-6388 or (360) 236-4828.

     Submit Written Comments to: Lisa Salmi, Department of Health, Board of Pharmacy, P.O. Box 47863, Olympia, WA 98504, Lisa.Salmi@doh.wa.gov, fax (360) 586-4359, by September 1, 2003.

     Date of Intended Adoption: September 19, 2003.

July 28, 2003

D. H. Williams

Executive Director

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