H-3610.2
HOUSE BILL 2730
State of Washington
64th Legislature
2016 Regular Session
By Representatives Peterson, Walkinshaw, Ortiz-Self, Bergquist, Kagi, Gregerson, Kilduff, Frame, and Pollet
Read first time 01/19/16. Referred to Committee on Health Care & Wellness.
AN ACT Relating to the prescription drug monitoring program; and reenacting and amending RCW 69.50.308 and 70.225.040.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1.  RCW 69.50.308 and 2013 c 276 s 3 and 2013 c 19 s 103 are each reenacted and amended to read as follows:
(a) A controlled substance may be dispensed only as provided in this section. Prescriptions electronically communicated must also meet the requirements under RCW 69.50.312.
(b) Except when dispensed directly by a practitioner authorized to prescribe or administer a controlled substance, other than a pharmacy, to an ultimate user, a substance included in Schedule II may not be dispensed without the written or electronically communicated prescription of a practitioner.
(1) Schedule II narcotic substances may be dispensed by a pharmacy pursuant to a facsimile prescription under the following circumstances:
(i) The facsimile prescription is transmitted by a practitioner to the pharmacy; and
(ii) The facsimile prescription is for a patient in a long-term care facility or a hospice program certified or paid by medicare under Title XVIII of the federal social security act. "Long-term care facility" means nursing homes licensed under chapter 18.51 RCW, assisted living facilities licensed under chapter 18.20 RCW, and adult family homes licensed under chapter 70.128 RCW; or
(iii) The facsimile prescription is for a patient of a hospice program licensed by the state; and
(iv) The practitioner or the practitioner's agent notes on the facsimile prescription that the patient is a long-term care or hospice patient.
(2) Injectable Schedule II narcotic substances that are to be compounded for patient use may be dispensed by a pharmacy pursuant to a facsimile prescription if the facsimile prescription is transmitted by a practitioner to the pharmacy.
(3) Under (1) and (2) of this subsection the facsimile prescription shall serve as the original prescription and shall be maintained as other Schedule II narcotic substances prescriptions.
(c) In emergency situations, as defined by rule of the commission, a substance included in Schedule II may be dispensed upon oral prescription of a practitioner, reduced promptly to writing and filed by the pharmacy. Prescriptions shall be retained in conformity with the requirements of RCW 69.50.306.
(d) A prescription for a substance included in Schedule II may not be refilled. A prescription for a substance included in Schedule II may not be filled more than six months after the date the prescription was issued.
(e) Except when dispensed directly by a practitioner authorized to prescribe or administer a controlled substance, other than a pharmacy, to an ultimate user, a substance included in Schedule III, IV, or V, which is a prescription drug as determined under RCW 69.04.560, may not be dispensed without a written, oral, or electronically communicated prescription of a practitioner. Any oral prescription must be promptly reduced to writing.
(f) The prescription for a substance included in Schedule III, IV, or V may not be filled or refilled more than six months after the date issued by the practitioner or be refilled more than five times, unless renewed by the practitioner.
(g) A valid prescription or lawful order of a practitioner, in order to be effective in legalizing the possession of controlled substances, must be issued in good faith for a legitimate medical purpose by one authorized to prescribe the use of such controlled substance. An order purporting to be a prescription not in the course of professional treatment is not a valid prescription or lawful order of a practitioner within the meaning and intent of this chapter; and the person who knows or should know that the person is filling such an order, as well as the person issuing it, can be charged with a violation of this chapter.
(h) A substance included in Schedule V must be distributed or dispensed only for a medical purpose.
(i) A practitioner may dispense or deliver a controlled substance to or for an individual or animal only for medical treatment or authorized research in the ordinary course of that practitioner's profession. Medical treatment includes dispensing or administering a narcotic drug for pain, including intractable pain.
(j) No administrative sanction, or civil or criminal liability, authorized or created by this chapter may be imposed on a pharmacist for action taken in reliance on a reasonable belief that an order purporting to be a prescription was issued by a practitioner in the usual course of professional treatment or in authorized research.
(k) An individual practitioner may not dispense a substance included in Schedule II, III, or IV for that individual practitioner's personal use.
(l) A practitioner shall utilize the prescription monitoring program established in chapter 70.225 RCW prior to initially prescribing any substance included in Schedule II or III for the treatment of noncancer-related chronic or intractable pain.
Sec. 2.  RCW 70.225.040 and 2015 c 259 s 1 and 2015 c 49 s 1 are each reenacted and amended to read as follows:
(1) Prescription information submitted to the department must be confidential, in compliance with chapter 70.02 RCW and federal health care information privacy requirements and not subject to disclosure, except as provided in subsections (3) and (4) of this section.
(2) The department must maintain procedures to ensure that the privacy and confidentiality of patients and patient information collected, recorded, transmitted, and maintained is not disclosed to persons except as in subsections (3) and (4) of this section.
(3) The department may provide data in the prescription monitoring program to the following persons:
(a) Persons authorized to prescribe or dispense controlled substances or legend drugs, for the purpose of providing medical or pharmaceutical care for their patients;
(b) An individual who requests the individual's own prescription monitoring information;
(c) Health professional licensing, certification, or regulatory agency or entity;
(d) Appropriate law enforcement or prosecutorial officials, including local, state, and federal officials and officials of federally recognized tribes, who are engaged in a bona fide specific investigation involving a designated person;
(e) Authorized practitioners of the department of social and health services and the health care authority regarding medicaid program recipients;
(f) The director or director's designee within the department of labor and industries regarding workers' compensation claimants;
(g) The director or the director's designee within the department of corrections regarding offenders committed to the department of corrections;
(h) Other entities under grand jury subpoena or court order;
(i) Personnel of the department for purposes of administration and enforcement of this chapter or chapter 69.50 RCW; ((and))
(j) Personnel of a test site that meet the standards under RCW 70.225.070 pursuant to an agreement between the test site and a person identified in (a) of this subsection to provide assistance in determining which medications are being used by an identified patient who is under the care of that person; and
(k)(i) Personnel of a health care facility or entity who are registered subscribers of the state's health information exchange for the purpose of providing medical or pharmaceutical care to the patients of the facility or entity, if the facility or entity is:
(A) Licensed by the department; and
(B) A trading partner with the state's health information exchange.
(ii) Personnel who are provided data under this subsection (k) may receive the data from the prescription monitoring program without individually registering with the department.
(4) The department may provide data to public or private entities for statistical, research, or educational purposes after removing information that could be used to identify individual patients, dispensers, prescribers, and persons who received prescriptions from dispensers.
(5) A dispenser or practitioner acting in good faith is immune from any civil, criminal, or administrative liability that might otherwise be incurred or imposed for requesting, receiving, or using information from the program.
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