BILL REQ. #: H-3221.2
State of Washington | 62nd Legislature | 2012 Regular Session |
Read first time 01/17/12. Referred to Committee on Health Care & Wellness.
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 licensed pharmacist under chapter 18.64 RCW when
authorized by the board of pharmacy, 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.