H-3923.1 _______________________________________________
HOUSE BILL 2452
_______________________________________________
State of Washington 55th Legislature 1998 Regular Session
By Representatives Backlund, Cody, Parlette, Kastama, DeBolt, Dyer, Lambert, Koster, Sherstad, Benson, Anderson and Zellinsky
Read first time 01/14/98. Referred to Committee on Health Care.
AN ACT Relating to defining medication assistance in community-based settings; amending RCW 69.41.010; and adding a new section to chapter 69.41 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 69.41 RCW to read as follows:
Individuals residing in community-based settings, such as adult family homes, boarding homes, and residential care settings for the developmentally disabled, including an individual's home, might need medication assistance due to physical or mental limitations that prevent them from self-administering their legend drugs. The practitioner in consultation with the individual or his or her representative and the community-based setting, if involved, determines that medication assistance is appropriate for this individual at the time of prescribing the legend drug or controlled substance. Medication assistance can take different forms such as opening containers, handing the container or medication to the individual, preparing the medication with prior authorization, using enablers for facilitating the self-administration of medication, and other means of assisting in the administration of legend drugs or controlled substances commonly employed in community-based settings. Nothing in this chapter affects the right of an individual to refuse medication or requirements relating to informed consent.
Sec. 2. RCW 69.41.010 and 1996 c 178 s 16 are each amended to read as follows:
As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise:
(1) "Administer" means the direct application of a legend drug whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by:
(a) A practitioner; or
(b) The patient or research subject at the direction of the practitioner.
(2) "Deliver" or "delivery" means the actual, constructive, or attempted transfer from one person to another of a legend drug, whether or not there is an agency relationship.
(3) "Department" means the department of health.
(4) "Dispense" means the interpretation of a prescription or order for a legend drug and, pursuant to that prescription or order, the proper selection, measuring, compounding, labeling, or packaging necessary to prepare that prescription or order for delivery.
(5) "Dispenser" means a practitioner who dispenses.
(6) "Distribute" means to deliver other than by administering or dispensing a legend drug.
(7) "Distributor" means a person who distributes.
(8) "Drug" means:
(a) Substances recognized as drugs in the official United States pharmacopoeia, official homeopathic pharmacopoeia of the United States, or official national formulary, or any supplement to any of them;
(b) Substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or animals;
(c) Substances (other than food, minerals or vitamins) intended to affect the structure or any function of the body of man or animals; and
(d) Substances intended for use as a component of any article specified in clause (a), (b), or (c) of this subsection. It does not include devices or their components, parts, or accessories.
(9) "Legend drugs" means any drugs which are required by state law or regulation of the state board of pharmacy to be dispensed on prescription only or are restricted to use by practitioners only.
(10) "Medication assistance" means assistance rendered by a nonpractitioner to an individual residing in a community-based setting to facilitate the individual's self-administration of a legend drug or controlled substance, where a practitioner has determined, in consultation with the individual or the individual's representative, that medication assistance is appropriate. It includes reminding or coaching the individual, using an enabler, placing the medication in the individual's hand, or helping in the preparation of legend drugs or controlled substances for self-administration, and such other means of medication assistance as defined by rule adopted by the department.
(11) "Person" means individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity.
(((11)))
(12) "Practitioner" means:
(a) 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 podiatric physician and surgeon under chapter 18.22 RCW, a veterinarian under chapter 18.92 RCW, a registered nurse, advanced registered nurse practitioner, or licensed practical nurse under chapter 18.79 RCW, an optometrist under chapter 18.53 RCW who is certified by the optometry board under RCW 18.53.010, an osteopathic physician assistant under chapter 18.57A RCW, a physician assistant under chapter 18.71A RCW, or a pharmacist under chapter 18.64 RCW;
(b) A pharmacy, hospital, or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or to administer a legend drug in the course of professional practice or research in this state; and
(c) A physician licensed to practice medicine and surgery or a physician licensed to practice osteopathic medicine and surgery in any state, or province of Canada, which shares a common border with the state of Washington.
(((12))) (13) "Secretary" means the
secretary of health or the secretary's designee.
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