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SENATE BILL 6441
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Passed Legislature - 1996 Regular Session
State of Washington 54th Legislature 1996
Regular Session
By
Read first time 01/15/96.
Referred to Committee on Health & Long‑Term Care.
Requiring
expiration dates on prescriptions dispensed by nonresident pharmacies.
AN
ACT Relating to expiration dates on prescriptions dispensed by nonresident
pharmacies; and amending RCW 18.64.360.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
18.64.360 and 1991 c 87 s 2 are each amended to read as follows:
(1)
For the purposes of this chapter any pharmacy located outside this state that
ships, mails, or delivers, in any manner, except when delivered in person to an
individual, controlled substances, legend drugs, or devices into this state is
a nonresident pharmacy, and shall be licensed by the department of health, and
shall disclose to the department the following:
(a)
The location, names, and titles of all owners including corporate officers and
all pharmacists employed by the pharmacy who are dispensing controlled
substances, legend drugs, or devices to residents of this state. A report
containing this information shall be made on an annual basis and within ninety
days after a change of location, corporate officer, or pharmacist;
(b)
Proof of compliance with all lawful directions and requests for information
from the regulatory or licensing agency of the state in which it is licensed as
well as with all requests for information made by the department of health
under this section. The nonresident pharmacy shall maintain, at all times, a
valid unexpired license, permit, or registration to operate the pharmacy in
compliance with the laws of the state in which it is located. As a
prerequisite to be licensed by the department of health, the nonresident pharmacy
shall submit a copy of the most recent inspection report issued by the
regulatory licensing agency of the state in which it is located;
(c)
Proof that it maintains its records of controlled substances, legend drugs, or
devices dispensed to patients in this state so that the records are readily
retrievable from the records of other drugs dispensed.
(2)
Any pharmacy subject to this section shall, during its regular hours of
operation, provide a toll-free telephone service to facilitate communication
between patients in this state and a pharmacist at the pharmacy who has access
to the patient's records. This toll-free number shall be disclosed on the
label affixed to each container of drugs dispensed to patients in this state.
(3)
A pharmacy subject to this section shall comply with board rules regarding the
maintenance and use of patient medication record systems.
(4)
A pharmacy subject to this section shall comply with board of pharmacy rules
regarding the provision of drug information to the patient. Drug information
may be contained in written form setting forth directions for use and any
additional information necessary to assure the proper utilization of the
medication prescribed. A label bearing the expiration date of the
prescription must be affixed to each box, bottle, jar, tube, or other container
of a prescription that is dispensed in this state by a pharmacy subject to this
section.
(5)
A pharmacy subject to this section shall not dispense medication in a quantity
greater than authorized by the prescriber.
(6)
The license fee specified by the secretary, in accordance with the provisions
of RCW 43.70.250, shall not exceed the fee charged to a pharmacy located in
this state.
(7)
The license requirements of this section apply to nonresident pharmacies that
ship, mail, or deliver controlled substances, legend drugs, and devices into
this state only under a prescription. The board of pharmacy may grant an
exemption from licensing under this section upon application by an out-of-state
pharmacy that restricts its dispensing activity in Washington to isolated
transactions.
(8) Each nonresident pharmacy that ships, mails, or delivers legend
drugs or devices into this state shall designate a resident agent in Washington
for service of process. The designation of such an agent does not indicate
that the nonresident pharmacy is a resident of Washington for tax purposes.
