CERTIFICATION OF ENROLLMENT

SENATE BILL 5768

68TH LEGISLATURE

2023 REGULAR SESSION

SENATE BILL 5768

BySenators Keiser, Dhingra, Cleveland, Frame, Hunt, Kuderer, Lovelett, Nobles, Pedersen, Randall, Robinson, Stanford, Trudeau, Valdez, Wellman, and C. Wilson

AN ACT Relating to protecting access to abortion medications by authorizing the department of corrections to acquire, sell, deliver, distribute, and dispense abortion medications; amending RCW 18.64.046; adding a new section to chapter 72.09 RCW; creating new sections; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

(2) The legislature finds that the continued attack on reproductive freedoms across the country require immediate action to protect the right to abortion access in Washington. Therefore, it is the intent of the legislature to ensure access to abortion medications for individuals seeking abortion care.

NEW SECTION.  Sec. 2. A new section is added to chapter 72.09 RCW to read as follows:

(1) The department is authorized to acquire, receive, possess, sell, resell, deliver, dispense, distribute, and engage in any activity constituting the practice of pharmacy or wholesale distribution with respect to abortion medications.

(2) The department may exercise the authority granted in this section for the benefit of any person, whether or not the person is in the custody or under the supervision of the department.

(3) The department shall exercise the authority granted in this section in accordance with any applicable law including, but not limited to, any applicable licensing requirements, except that the department is exempt from obtaining a wholesaler's license for any actions taken pursuant to this act as provided in RCW 18.64.046.

(4)(a) The department shall establish and operate a program to deliver, dispense, and distribute abortion medications described in this section. In circumstances in which the department is selling, delivering, or distributing abortion medications to a health care provider or health care entity, it may only sell, distribute, or deliver abortion medications to health care providers and health care entities that will only use the medications for the purposes of providing abortion care or medical management of early pregnancy loss.

(b) Any abortion medications sold, resold, delivered, dispensed, or distributed whether individually or wholesale shall be conducted at cost not to exceed list price, plus a fee of $5 per dose to offset the cost of secure storage and delivery of medication. Revenues generated pursuant to this act shall be deposited to the general fund.

(5) Nothing in this section shall diminish any existing authority of the department.

(6) For the purposes of this section, the following definitions apply:

(a) "Abortion medications" means substances used in the course of medical treatment intended to induce the termination of a pregnancy including, but not limited to, mifepristone.

(b) "Deliver" has the same meaning as in RCW 18.64.011.

(c) "Dispense" has the same meaning as in RCW 18.64.011.

(d) "Distribute" has the same meaning as in RCW 18.64.011.

(e) "Health care entity" means a hospital, clinic, pharmacy, office, or similar setting where a health care provider provides health care to patients.

(f) "Health care provider" has the same meaning as in RCW 70.02.010.

(g) "Person" has the same meaning as in RCW 18.64.011.

(h) "Practice of pharmacy" has the same meaning as in RCW 18.64.011.

(i) "Wholesale distribution" has the same meaning as in WAC 246-945-001.

Sec. 3. RCW 18.64.046 and 2013 c 19 s 9 are each amended to read as follows:

(1) ((The))Except as provided in subsection (6)(b) of this section, the owner of each place of business which sells legend drugs and nonprescription drugs, or nonprescription drugs at wholesale shall pay a license fee to be determined by the secretary, and thereafter, on or before a date to be determined by the secretary as provided in RCW 43.70.250 and 43.70.280, a like fee to be determined by the secretary, for which the owner shall receive a license of location from the department, which shall entitle such owner to either sell legend drugs and nonprescription drugs or nonprescription drugs at wholesale at the location specified for the period ending on a date to be determined by the secretary, and each such owner shall at the time of payment of such fee file with the department, on a blank therefor provided, a declaration of ownership and location, which declaration of ownership and location so filed as aforesaid shall be deemed presumptive evidence of the ownership of such place of business mentioned therein. It shall be the duty of the owner to notify immediately the department of any change of location and ownership and to keep the license of location or the renewal thereof properly exhibited in such place of business.

(2) Failure to conform with this section is a misdemeanor, and each day that the failure continues is a separate offense.

(3) In event the license fee remains unpaid on the date due, no renewal or new license shall be issued except upon compliance with administrative procedures, administrative requirements, and fees determined as provided in RCW 43.70.250 and 43.70.280.

(4) No wholesaler may sell any quantity of drug products containing ephedrine, pseudoephedrine, phenylpropanolamine, or their salts, isomers, or salts of isomers, if the total monthly sales of these products to persons within the state of Washington exceed five percent of the wholesaler's total prior monthly sales of nonprescription drugs to persons within the state in March through October. In November through February, no wholesaler may sell any quantity of drug products containing ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers if the total monthly sales of these products to persons within the state of Washington exceed ten percent of the wholesaler's total prior monthly sales of nonprescription drugs to persons within the state. For purposes of this section, monthly sales means total dollars paid by buyers. The commission may suspend or revoke the license of any wholesaler that violates this section.

(5) The commission may exempt a wholesaler from the limitations of subsection (4) of this section if it finds that the wholesaler distributes nonprescription drugs only through transactions between divisions, subsidiaries, or related companies when the wholesaler and the retailer are related by common ownership, and that neither the wholesaler nor the retailer has a history of suspicious transactions in precursor drugs as defined in RCW 69.43.035.

(6)(a) The requirements for a license apply to all persons, in Washington and outside of Washington, who sell both legend drugs and nonprescription drugs and to those who sell only nonprescription drugs, at wholesale to pharmacies, practitioners, and shopkeepers in Washington.

(7)(a) No wholesaler may sell any product containing any detectable quantity of ephedrine, pseudoephedrine, phenylpropanolamine, or their salts, isomers, or salts of isomers, to any person in Washington other than a pharmacy licensed under this chapter, a shopkeeper or itinerant vendor registered under this chapter, a practitioner as defined in RCW 18.64.011, or a traditional Chinese herbal practitioner as defined in RCW 69.43.105.

(b) A violation of this subsection is punishable as a class C felony according to chapter 9A.20 RCW, and each sale in violation of this subsection constitutes a separate offense.

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