BP BHEAD INT S [atlas:bill]

AN ACT Relating to prescription drugs; amending RCW 69.41.120; adding new sections to chapter 69.41 RCW; and repealing RCW 69.41.130 and 69.41.160.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 69.41.120 and 1990 c 218 s 1 are each amended to read as follows:

Every drug prescription shall contain an instruction on whether or not a therapeutically equivalent generic drug may be substituted in its place, unless substitution is permitted under a prior-consent authorization.

((If a written prescription is involved, the form shall have two signature lines at opposite ends on the bottom of the form. Under the line at the right side shall be clearly printed the words "DISPENSE AS WRITTEN". Under the line at the left side shall be clearly printed the words "SUBSTITUTION PERMITTED". The practitioner shall communicate the instructions to the pharmacist by signing the appropriate line. No prescription shall be valid without the signature of the practitioner on one of these lines.))

Upon receipt of any prescription, the pharmacist may dispense a therapeutically equivalent generic drug unless specifically advised to the contrary by the prescribing practitioner. In order to advise the pharmacist regarding substitution, the practitioner shall indicate this in any manner that will communicate this information to the pharmacist. Methods to instruct the pharmacist to dispense the brand name product include but are not limited to using dual signature lines with the appropriate instruction under each line, writing in the prescriber's own handwriting "Dispense as written," "DAW," "Do Not Substitute," "Brand Medically Necessary," or words to the same effect, or by checking a box that is labeled with this or similar wording. In the case of a prescription issued by a practitioner in another state ((~~that uses a one-line prescription form or variation thereof~~)), the pharmacist may substitute a therapeutically equivalent generic drug unless otherwise instructed by the practitioner ((~~through the use of the words "dispense as written", words of similar meaning, or some other indication~~)).

If an oral prescription is involved, the practitioner or the practitioner's agent shall instruct the pharmacist as to whether or not a therapeutically equivalent generic drug may be substituted in its place. The pharmacist shall note the instructions on the file copy of the prescription.

Every written prescription issued by a practitioner in this state shall contain the prescriber's signature and shall, in addition to such signature, be imprinted or stamped legibly with the printed name of the prescriber. The imprinted or stamped name shall appear in an appropriate location on the prescription form and shall not be entered in or upon any space or line reserved for the prescriber's signature. The imprinted or stamped name shall not be employed as a substitute for, or fulfill any legal requirement otherwise mandating that the prescription be personally signed by the prescriber.

The pharmacist shall note the manufacturer of the drug dispensed on the file copy of a written or oral prescription.

NEW SECTION. Sec. 2. A new section is added to chapter 69.41 RCW to read as follows:

To improve communication between prescribing practitioners and pharmacists, each prescription order should contain the following information:

(1) Date of issue;

(2) Name and address of patient;

(3) Drug name or therapy;

(4) Drug strength, dosage form, and number of units or quantity to be dispensed;

(5) Directions for use;

(6) Indication, reason, or purpose for use;

(7) Refill instructions;

(8) Drug enforcement administration number of the practitioner if the drug is a controlled substance; and

(9) Signature of the prescribing practitioner, however a signature is not required for those prescriptions that are communicated by telephone or other electronic means.

NEW SECTION. Sec. 3. A new section is added to chapter 69.41 RCW to read as follows:

A pharmacist may accept a prescription that has been electronically transmitted from the prescriber in accordance with rules of the board of pharmacy.

NEW SECTION. Sec. 4. The following acts or parts of acts are each repealed:

(1) RCW 69.41.130 and 1986 c 52 s 2, 1979 c 110 s 3, & 1977 ex.s. c 352 s 4; and

(2) RCW 69.41.160 and 1979 c 110 s 6 & 1977 ex.s. c 352 s 7.