S-1492.1  _______________________________________________

                         SENATE BILL 5960

          _______________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Senators Parlette, Thibaudeau, Kohl‑Welles and Honeyford

Read first time 02/09/2001.  Referred to Committee on Health & Long‑Term Care.

Modifying prescription product liability.

    AN ACT Relating to the learned intermediary doctrine for prescription products; adding a new section to chapter 7.72 RCW; and creating a new section.

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

NEW SECTION. Sec. 1.  It is the intent of the legislature through this act to create an exception to the "learned intermediary doctrine" for prescription products advertised directly to consumers, and that the state supreme court holding in Terhune v. A.H. Robins Co., and subsequent cases, to the extent that they are inconsistent with this intent, are no longer valid.

NEW SECTION. Sec. 2.  A new section is added to chapter 7.72 RCW to read as follows:

    (1) The manufacturer of a prescription product that is advertised directly to consumers in this state, who would otherwise be subject to liability under this chapter, is not relieved of that liability solely because the manufacturer warned the practitioner who prescribed the product of its proper use and attendant dangers.

    (2) For purposes of this section, "advertised directly to consumers" means that advertisements for the product are placed by the manufacturer or the manufacturer's agent in journals, magazines, or newspapers, or on radio, television, the internet or telephone communication systems, where it is generally intended that they will be read, watched, or listened to by persons other than medical professionals.

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