HOUSE BILL REPORT

ESHB 1337

As Amended by the Senate

BYHouse Committee on Health Care (originally sponsored by Representatives Cole, Braddock, Scott, Cantwell, Leonard and Dellwo)

Mandating imprinting of over-the-counter medications.

House Committe on Health Care

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (9)

      Signed by Representatives Braddock, Chair; Day, Vice Chair; Brooks, Ranking Republican Member; Cantwell, Chandler, Prentice, Sommers, Vekich and Wolfe.

Minority Report:  Do not pass.  (1)

      Signed by Representative Morris.

House Staff:John Welsh (786-7133)

AS PASSED HOUSE MARCH 13, 1989

BACKGROUND:

Current law requires the imprinting of all tablets, capsules and caplets of prescription drugs for identifying the medication and manufacturer or distributor of the medication.  However, there is no legal requirement for imprinting these identification characteristics on over-the-counter medications, which are medications not requiring a prescription to be dispensed.

SUMMARY:

The imprinting of characteristics identifying the medication and manufacturer, or distributor, is required on all currently non-identified solid dosage, over-the-counter medications manufactured or sold in the state after January 1, 1994.  Vitamins are exempt from this requirement, as well as medications because of size, texture or other unique characteristics.

Manufacturers must provide to the Board of Pharmacy an identification of each current imprint. The Board is required to distribute this information to all pharmacies, poison control centers and hospital emergency rooms.

Drugs distributed in this state in violation of these requirements are declared as contraband and subject to seizure, and purveyors are subject to civil fines up to $1,000, after one notice by the board of non-compliance with this law.

Existing drugs may continue to be sold until January 1, 1991, but all drugs manufactured or sold in this state after this date must be imprinted.

EFFECT OF SENATE AMENDMENTS:  A legislative declaration is added that encourages the establishment of a legally enforceable national system governing the imprinting of over-the-counter medications.

The requirements of this chapter are declared void on January 1, 1993 if the Board of Pharmacy determines that a federal system has been established which is substantially equivalent to the provisions of this chapter, notwithstanding that the effective date of the federal system is later than January 1, 1993.

Fiscal Note:      Available.

House Committee ‑ Testified For:    Dr. Bill Robertson, Washington Medical Association and Washington Poison Center and Don Williams, Board of Pharmacy.

House Committee - Testified Against:      Joe Doss, The Proprietary Association; Dave Reynolds, Burroughs Wellcome; Jan Gee, Washington Retail Association and Dan Connolly, Bartell Drugs.

House Committee - Testimony For:    The quick identification of drugs is extremely helpful to poison control centers, physicians and pharmacists in treating toxic patients, many of whom are children.

House Committee - Testimony Against:      Currently, the Food and Drug Administration does not require states to comply with universal imprinting laws.  This lack of uniformity among states would make it an extremely difficult task for manufactures to comply with varying states'imprinting procedures. In sum, this bill is not practical.

VOTE ON FINAL PASSAGE:

      Yeas 98