SENATE BILL REPORT

SB 5302

BYSenator Halsan

Transferring functions from the board of pharmacy to the department of licensing.

Senate Committee on Governmental Operations

Senate Hearing Date(s):February 9, 1987

Senate Staff:Walt Corneille (786-7452); Barbara Howard (786-7410)

AS OF FEBRUARY 20, 1987

BACKGROUND:

The Department of Licensing (DOL) is a regulatory agency responsible for licensing drivers, registering vehicles and regulating, through licensing and disciplinary activities, different business and professional groups.

The regulation of professions and occupations is carried out by the Department's Business and Professions Administration, the director of which serves as an assistant director of the Department.

Depending upon the specific occupation or profession, the Department's regulatory activities can be entirely the responsibility of the Department of Licensing or can be shared by advisory boards, examining boards, or the various occupational and/or professional governing boards established by statute.  The substantive authority of the many statutory boards varies considerably, one common "division of labor" between a board and DOL is to require that the board establish policy, set standards for practice and examinations, and hold disciplinary hearings, while the DOL would be responsible for the general administration of all regulatory activities.

There are numerous boards created under Title 18 RCW which share responsibilities with the DOL including the State Board of Registration for Architects, the Washington State Podiatry Board, the Board of Dental Examiners, and the State Board of Registration for Landscape Architects.

Most occupational and professional boards function within state agencies for administrative purposes; however, several still exist as independent agencies.  They include the State Board of Pharmacy.

The Board of Pharmacy regulates, administers and enforces its policies and state law. The Board develops and administers examinations of applicants for pharmacists' licenses, regulates and licenses manufacturers of drugs and wholesalers, pharmacies, shopkeepers, itinerate vendors, and peddlers who sell drugs. The Board establishes fees, and renewal fees where appropriate, for all examinations and licenses that it issues.

The Pharmacy Board has substantial disciplinary authority.  The Board may inspect and investigate establishments that manufacture or sell drugs and may prosecute individuals or establishments in court.  The Board may hold hearings and it may refuse, revoke or suspend licenses which it is authorized to issue.

SUMMARY:

All administrative and enforcement powers, duties and functions of the Board of Pharmacy are transferred to the Department of LIcensing (DOL).  The DOL has authority for drug investigations and education, examination of applicants and discipline of individuals practicing in the field of pharmacy.  The DOL determines the length of time certain licenses shall be effective and the qualifications of certain potential licensees.

The Board in consultation with the DOL makes rules pertaining to the administration and enforcement of the chapter relating to legend and prescription drugs.  The Board retains rule-making authority with respect to dispensing, distribution, wholesaling and manufacturing of drugs and devices and the practice of pharmacy including continuing education requirements.

All personnel, documents, equipment, appropriations, funds and other tangible property of the Board relative to all transferred functions are also transferred to the DOL.  Questions arising regarding the transfers will be determined by the Director of Financial Management.

Fiscal Note:      requested