BILL REQ. #:  S-4095.4 

Read first time 01/17/08.   Referred to Committee on Health & Long-Term Care.

     AN ACT Relating to the duty of pharmacies to facilitate the delivery of lawfully prescribed drugs and devices to patients; adding a new section to chapter 18.64 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature finds that patient safety and service are essential components of a successful health care system. Recognizing the limitations of individual providers and resources, it is not possible for each health care provider to offer every possible service to every patient in a safe or timely manner. To that end there has been a long tradition in all areas of the health care field to utilize a referral process in order to effectively connect a patient with the services he or she needs. In order to facilitate safe, timely, medically appropriate, and efficient patient care, the legislature finds that a standardization of the referral process in the pharmacy profession is in the best interests of both patients and pharmacies. Through this process a patient is guaranteed access to necessary treatment.

NEW SECTION.  Sec. 2   A new section is added to chapter 18.64 RCW to read as follows:
     (1) Pharmacies have a duty to facilitate the delivery of lawfully prescribed and medically appropriate drugs or devices and those approved for restricted distribution by pharmacies, or to facilitate the delivery of therapeutically equivalent drugs or devices to patients in a timely manner, except under the following circumstances:
     (a) Prescriptions containing obvious or known errors, inadequacies in the instructions, known contraindications, or incompatible prescriptions;
     (b) Potentially fraudulent prescriptions; and
     (c) National or state emergencies or guidelines affecting availability, usage, or supplies of drugs or devices.
     (2) A pharmacy fulfills the duty to facilitate the delivery of lawfully prescribed medically appropriate drugs or devices if, when presented with a lawful, medically appropriate prescription, or request for distribution, a pharmacy:
     (a) Dispenses the lawfully prescribed and medically appropriate drug or device or a therapeutically equivalent alternative drug or device;
     (b) Guarantees the patient's access to the lawfully prescribed and medically appropriate drug or device by referring the patient to a pharmacy or medical provider who will provide the care. To complete the referral, the referring pharmacy shall contact the provider of the patient's choice to confirm that the drug or device is available, and transfer the prescription to the new provider; or
     (c) If the patient or the patient's caregiver objects to referral, returns the patient's unfilled prescription.
     (3) Nothing in this section requires a pharmacy to deliver a drug or device without payment of its usual and customary or contracted charge.
     (4) A pharmacy or pharmacist may not be disciplined or discriminated against in employment or professional privileges for referring a patient to another provider in lieu of dispensing a drug or device so long as the pharmacy or pharmacist has complied with the requirements of this section.