HOUSE BILL REPORT

SSB 5772

BYSenate Committee on Health Care & Corrections (originally sponsored by Senators West, Kreidler, von Reichbauer, Stratton, Anderson, Benitz, Nelson, Niemi, McDonald and Bailey)

Regarding out-of-state pharmacies.

House Committe on Health Care

Majority Report:  Do pass with amendments.  (9)

      Signed by Representatives Braddock, Chair; Brooks, Ranking Republican Member; Chandler, Morris, Prentice, Sommers, Sprenkle, Vekich and Wolfe.

House Staff:John Welsh (786-7133)

AS REPORTED BY COMMITTEE ON HEALTH CARE MARCH 29, 1989

BACKGROUND:

Pharmacies in other states providing prescription drugs to Washington residents through the mail are not regulated by the Board of Pharmacy.

SUMMARY:

BILL AS AMENDED: Non-resident pharmacies that ship, mail or deliver prescription drugs or drug devices to Washington residents must register annually with the board, and provide annually certain information including names of corporate officers and the pharmacists dispensing those drugs or devices.

They must also disclose the most recent inspection report issued by the agency regulating it; maintain a valid license with that agency; keep records of these drug sales; and provide a toll free telephone service for consumers.  These pharmacies must also comply with board rules on use of patient medication record systems and patient utilization information.

The board, upon request, may require information from non-resident pharmacies regarding the drugs dispensed in this state.

The board has authority to deny, revoke or suspend the registration for violations of this law, or for conduct which causes serious bodily or psychological injury to a state resident if the other regulatory agency has failed to initiate an investigation within 45 days of a referred complaint.  It is unlawful for an unregistered pharmacy to advertise in this state.  The board has rule-making power to implement the provisions of this law.

Insurance contractors providing coverage of prescription drugs from an out-of-state pharmacy must submit the name and location of that pharmacy in writing to the board in order to verify registration.

AMENDED BILL COMPARED TO SUBSTITUTE: Non-resident pharmacies must register and meet the requirements of this act before filing prescriptions of state residents, but need not necessarily meet or exceed state standards.  The effective date of January 1, 1990 is striken. Knowledge of the fact that a non-resident pharmacy is not registered with the Board of Pharmacy is a necessary condition before criminal liability can attach to a person who advertises the services of a non-registered out-of-state pharmacy. Amendments of a technical nature are made.

Fiscal Note:      Available.

House Committee ‑ Testified For:    Paul Conrad, Allied Daily News (with changes); Don Williams, Board of Pharmacy; Lars Hennum, Pharmacists of Washington.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    The board would like to have authority to regulate the quality of drugs coming into this state from out-of-state pharmacies. There may be questions about specific drugs or drug abuse complaints which the board needs to investigate to protect the health and safety of Washington residents.  There were concerns however, that stricter regulation of out-of-state pharmacies could unreasonably interfere with lawful interstate commerce, and may impose burdens on out-of-state pharmacies not required of in-state pharmacies.

House Committee - Testimony Against:      None Presented.