H-1335.1 _______________________________________________
HOUSE BILL 1789
_______________________________________________
State of Washington 52nd Legislature 1991 Regular Session
By Representatives Braddock, Paris and Prentice.
Read first time February 11, 1991. Referred to Committee on Health Care.
AN ACT Relating to limitations on filling prescriptions written by authorized prescribers not licensed in this state; amending RCW 69.41.030; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 69.41.030 and 1990 c 219 s 2 are each amended to read as follows:
It
shall be unlawful for any person to sell, deliver, or possess any legend drug
except upon the order or prescription of a physician under chapter 18.71 RCW,
an osteopathic physician or an osteopathic physician and surgeon under chapter
18.57 RCW, a dentist under chapter 18.32 RCW, a ((podiatrist)) podiatric
physician and surgeon under chapter 18.22 RCW, a veterinarian under chapter
18.92 RCW, a commissioned medical or dental officer in the United States armed
forces, marine hospital service, or public health service in the discharge of
his or her official duties, a duly licensed physician or dentist
employed by the veterans administration in the discharge of his or her
official duties, a registered nurse under chapter 18.88 RCW when authorized by
the board of nursing, an osteopathic physician(('s)) assistant under
chapter 18.57A RCW when authorized by the committee of osteopathic examiners, a
physician's assistant under chapter 18.71A RCW when authorized by the board of
medical examiners, a physician licensed to practice medicine and surgery or a
physician licensed to practice osteopathy and surgery, a dentist licensed to
practice dentistry, a podiatrist licensed to practice podiatry, or a
veterinarian licensed to practice veterinary medicine, in any province of
Canada which shares a common border with the state of Washington or in any
state of the United States: PROVIDED, HOWEVER, That the above provisions shall
not apply to sale, delivery, or possession by drug wholesalers or drug
manufacturers, or their agents or employees, or to any practitioner acting
within the scope of his or her license, or to a common or contract
carrier or warehouseman, or any employee thereof, whose possession of any
legend drug is in the usual course of business or employment: PROVIDED
FURTHER, That nothing in this chapter or chapter 18.64 RCW shall prevent a
family planning clinic that is under contract with the department of social and
health services from selling, delivering, possessing, and dispensing
commercially prepackaged oral contraceptives prescribed by authorized, licensed
health care practitioners((: PROVIDED FURTHER, That it shall be unlawful to
fill a prescription written by an authorized prescriber who is not licensed in
this state if more than six months has passed since the date of the issuance of
the original prescription)).
NEW SECTION. Sec. 2. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.