Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Health Care & Wellness Committee

HB 2443

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Conforming the uniform controlled substances act to existing state and federal law.

Sponsors: Representatives Ericksen, Cody and Morrell; by request of Department of Health.

Brief Summary of Bill

  • Schedules, deletes, or re-schedules 68 drugs, substances, or immediate precursors to bring Washington's Controlled Substances Act into conformance with Board of Pharmacy rules and federal law.

  • Adds osteopathic physician assistants and naturopathic physicians to the definition of "practitioner" in Washington's Controlled Substances Act.

  • Adds multiple sclerosis as a disease for which a Schedule II non-narcotic stimulant may be prescribed, dispensed, or administered.

Hearing Date: 1/14/10

Staff: Brian Kilgore (786-7119) and Jim Morishima (786-7191).

Background:

Schedules I-V of the Washington Uniform Controlled Substances Act

The Washington Uniform Controlled Substances Act organizes certain drugs, substances, and immediate precursors in Schedules I through V. An immediate precursor is a chemical compound that (1) is commonly used in the manufacture of a drug which is itself a controlled substance, (2) is an immediate chemical intermediary, and (3) must be controlled to limit the manufacture of the resultant drug. Drugs, substances, and immediate precursors listed in Schedules I through IV are “controlled substances.”

The Board of Pharmacy (Board) is authorized to add, delete or reschedule substances by rule.  The Board may rely on findings of the federal Drug Enforcement Agency or Food and Drug Administration when adding, deleting or rescheduling a substance.  If a substance is designated, rescheduled, or deleted as a controlled substance under federal law, statute directs the Board to take similar action.

Schedules I through V of the Washington Uniform Controlled Substances Act were last updated in 1993.  Consequently, the drugs and substances listed in the Washington Uniform Controlled Substances Act do not include any changes since 1993 to Schedules I through V as listed in the rules adopted by the Board or in federal law.

Definition of Practitioner

The Washington Uniform Controlled Substances Act defines "practitioner" as a physician, physician assistant, osteopathic physician, surgeon, optometrist, dentist, podiatric physician or surgeon, veterinarian, registered nurse, advanced registered nurse practitioner, licensed practical nurse, pharmacist, or scientific investigator. A practitioner may administer, dispense, manufacture, and prescribe certain controlled substances under the Washington Uniform Controlled Substances Act.

Both osteopathic physician assistants and naturopathic physicians are currently licensed pursuant to Title 18 RCW to practice medicine in Washington, including the prescription of certain controlled substances, but are not included in the definition of "practitioner" provided in the Washington Uniform Controlled Substances Act.

Multiple Sclerosis

Multiple sclerosis is a neurological disease which may cause any number of different symptoms, including muscle spasms, speech problems, fatigue, and chronic pain. Since 2003 it has been included in the list of diseases for which the Board allows Schedule II non-narcotic stimulants to be prescribed.

Summary of Bill:

Schedules I-V of the Washington Uniform Controlled Substances Act

Schedules I through V of the Washington Uniform Controlled Substances Act will be updated to incorporate changes made to Board of Pharmacy (Board) rules and federal law since 1993. The following 68 drugs, substances, and immediate precursors to drugs are added, removed, or rescheduled:

Schedule I

Schedule II

Schedule III

Schedule IV

Schedule V

Definition of Practitioner

The definition of "practitioner" is updated to include osteopathic physician assistants and naturopathic physicians.

Multiple Sclerosis

Multiple sclerosis is added to the list of diseases and conditions for which a Schedule II non-narcotic stimulant may be prescribed, dispensed, or administered.

Appropriation: None.

Fiscal Note: Not requested.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.