H-2174              _______________________________________________

                                                   HOUSE BILL NO. 1856

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By Representatives Appelwick, Locke, Brooks, Sanders, Ferguson, Holland, Doty, May, D. Sommers and Brough

Read first time 1/27/88 and referred to Committee on Judiciary. Referred to Committee on Health Care 1/29/88.

AN ACT Relating to pharmacist's immunity from implied warranties and civil liability relating to prescription drugs; amending RCW 18.64.270; adding a new section to chapter 70.54 RCW; creating a new section; and declaring an emergency.

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

NEW SECTION. Sec. 1.     The legislature finds that:

          (1) A pharmacist provides a service to the community in controlling public access to potentially harmful drugs;

          (2) It is in the public interest that a wide range of prescription drugs be available to the public at a reasonable price; and

          (3) The services of a pharmacist are an extension of the services of prescribing practitioners in that a pharmacist prepares, compounds, and dispenses the drugs the practitioner prescribes.

        Sec. 2.  Section 14, chapter 121, Laws of 1899 as amended by section 13, chapter 38, Laws of 1963 and RCW 18.64.270 are each amended to read as follows:

          Every proprietor of a wholesale or retail drug store shall be held responsible for ((the quality)) ensuring that due care is used in the procurement, storage, preparation, and compounding of all drugs, chemicals or medicines sold or dispensed by him or her except those sold in original packages of the manufacturer and except those articles or preparations known as patent or proprietary medicines.  Any person who shall knowingly, wilfully or fraudulently falsify or adulterate any drug or medicinal substance or preparation authorized or recognized by an official compendium or used or intended to be used in medical practice, or shall wilfully, knowingly or fraudulently offer for sale, sell or cause the same to be sold for medicinal purposes, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine in any sum not less than seventy-five nor more than one hundred and fifty dollars or by imprisonment in the county jail for a period of not less than one month nor more than three months, and any person convicted a third time for violation of any of the provisions of this section may suffer both fine and imprisonment.   In any case he shall forfeit to the state of Washington all drugs or preparations so falsified or adulterated.

NEW SECTION. Sec. 3.  A new section is added to chapter 70.54 RCW to read as follows:

          Effective the effective date of this section, the dispensing by a licensed pharmacist of a prescription product manufactured by a commercial manufacturer pursuant to a prescription issued by a licensed prescribing practitioner is declared to be, for all purposes whatsoever, the rendition of a service, and is declared not to be covered by any implied warranty under the uniform commercial code, Title 62A RCW, or otherwise, and no civil liability may be incurred as a result of any such acts, except in the case of wilful or negligent conduct.

NEW SECTION. Sec. 4.     This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.