BILL REQ. #: H-3937.1
State of Washington | 62nd Legislature | 2012 Regular Session |
READ FIRST TIME 01/31/12.
AN ACT Relating to including pharmacists in the legend drug act; and reenacting and amending RCW 69.41.030.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 69.41.030 and 2011 1st sp.s. c 15 s 79 and 2011 c 336
s 837 are each reenacted and amended to read as follows:
(1) It shall be unlawful for any person to sell, deliver, or
possess any legend drug except upon the order or prescription of a
physician under chapter 18.71 RCW, an osteopathic physician and surgeon
under chapter 18.57 RCW, an optometrist licensed under chapter 18.53
RCW who is certified by the optometry board under RCW 18.53.010, a
dentist under chapter 18.32 RCW, a podiatric physician and surgeon
under chapter 18.22 RCW, a veterinarian under chapter 18.92 RCW, a
commissioned medical or dental officer in the United States armed
forces or public health service in the discharge of his or her official
duties, a duly licensed physician or dentist employed by the veterans
administration in the discharge of his or her official duties, a
registered nurse or advanced registered nurse practitioner under
chapter 18.79 RCW when authorized by the nursing care quality assurance
commission, a pharmacist licensed under chapter 18.64 RCW to the extent
permitted by drug therapy guidelines or protocols established under RCW
18.64.011 and authorized by the board of pharmacy and approved by a
practitioner authorized to prescribe drugs, an osteopathic physician
assistant under chapter 18.57A RCW when authorized by the board of
osteopathic medicine and surgery, a physician assistant under chapter
18.71A RCW when authorized by the medical quality assurance commission,
or any of the following professionals in any province of Canada that
shares a common border with the state of Washington or in any state of
the United States: A physician licensed to practice medicine and
surgery or a physician licensed to practice osteopathic medicine and
surgery, a dentist licensed to practice dentistry, a podiatric
physician and surgeon licensed to practice podiatric medicine and
surgery, a licensed advanced registered nurse practitioner, or a
veterinarian licensed to practice veterinary medicine: PROVIDED,
HOWEVER, That the above provisions shall not apply to sale, delivery,
or possession by drug wholesalers or drug manufacturers, or their
agents or employees, or to any practitioner acting within the scope of
his or her license, or to a common or contract carrier or warehouse
operator, or any employee thereof, whose possession of any legend drug
is in the usual course of business or employment: PROVIDED FURTHER,
That nothing in this chapter or chapter 18.64 RCW shall prevent a
family planning clinic that is under contract with the health care
authority from selling, delivering, possessing, and dispensing
commercially prepackaged oral contraceptives prescribed by authorized,
licensed health care practitioners.
(2)(a) A violation of this section involving the sale, delivery, or
possession with intent to sell or deliver is a class B felony
punishable according to chapter 9A.20 RCW.
(b) A violation of this section involving possession is a
misdemeanor.