Passed by the House April 20, 2009 Yeas 95   ________________________________________ Speaker of the House of Representatives Passed by the Senate April 13, 2009 Yeas 46   ________________________________________ President of the Senate | I, Barbara Baker, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE BILL 2014 as passed by the House of Representatives and the Senate on the dates hereon set forth. ________________________________________ Chief Clerk | |
Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
State of Washington | 61st Legislature | 2009 Regular Session |
Read first time 02/06/09. Referred to Committee on Health Care & Wellness.
AN ACT Relating to tamper-resistant prescription pads; and adding a new section to chapter 18.64 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 A new section is added to chapter 18.64 RCW
to read as follows:
(1) Effective July 1, 2010, every prescription written in this
state by a licensed practitioner must be written on a tamper-resistant
prescription pad or paper approved by the board.
(2) A pharmacist may not fill a written prescription from a
licensed practitioner unless it is written on an approved tamper-resistant prescription pad or paper, except that a pharmacist may
provide emergency supplies in accordance with the board and other
insurance contract requirements.
(3) If a hard copy of an electronic prescription is given directly
to the patient, the manually signed hard copy prescription must be on
approved tamper-resistant paper that meets the requirements of this
section.
(4) For the purposes of this section, "tamper-resistant
prescription pads or paper" means a prescription pad or paper that has
been approved by the board for use and contains the following
characteristics:
(a) One or more industry-recognized features designed to prevent
unauthorized copying of a completed or blank prescription form;
(b) One or more industry-recognized features designed to prevent
the erasure or modification of information written on the prescription
form by the practitioner; and
(c) One or more industry-recognized features designed to prevent
the use of counterfeit prescription forms.
(5) Practitioners shall employ reasonable safeguards to assure
against theft or unauthorized use of prescriptions.
(6) All vendors must have their tamper-resistant prescription pads
or paper approved by the board prior to the marketing or sale of pads
or paper in Washington state.
(7) The board shall create a seal of approval that confirms that a
pad or paper contains all three industry-recognized characteristics
required by this section. The seal must be affixed to all prescription
pads or paper used in this state.
(8) The board may adopt rules necessary for the administration of
this act.
(9) The tamper-resistant prescription pad or paper requirements in
this section shall not apply to:
(a) Prescriptions that are transmitted to the pharmacy by
telephone, facsimile, or electronic means; or
(b) Prescriptions written for inpatients of a hospital, outpatients
of a hospital, residents of a nursing home, inpatients or residents of
a mental health facility, or individuals incarcerated in a local,
state, or federal correction facility, when the health care
practitioner authorized to write prescriptions writes the order into
the patient's medical or clinical record, the order is given directly
to the pharmacy, and the patient never has the opportunity to handle
the written order.
(10) All acts related to the prescribing, dispensing, and records
maintenance of all prescriptions shall be in compliance with applicable
federal and state laws, rules, and regulations.