BILL REQ. #:  S-1734.1 

READ FIRST TIME 02/13/09.   

     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.