SENATE BILL REPORT

ESHB 1337

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

Senate Committee on Health Care & Corrections

Senate Hearing Date(s):March 21, 1989; March 22, 1989

Majority Report:  Do pass as amended.

      Signed by Senators West, Chairman; Smith, Vice Chairman; Amondson, Johnson, Kreidler, Niemi, Wojahn.

Senate Staff:Kris Zabriskie (786-7439)

                  March 23, 1989

AS REPORTED BY COMMITTEE ON HEALTH CARE & CORRECTIONS, MARCH 22, 1989

BACKGROUND:

Current law requires that all tablets, capsules and caplets of prescription drugs be imprinted for identification of the medication and manufacturer or distributor.  This identification imprint is not required to be on over-the-counter nonprescription drugs or medication in any state.  Imprinting would enhance the investigation of drug tampering cases and aid doctors in determining an unidentified substance that a patient may have taken.

SUMMARY:

All over-the-counter medications manufactured in, received by, distributed to, or shipped to any retailer or wholesaler in this state after January 1, 1993, must be imprinted.  No over-the-counter medication may be sold to a consumer in this state after January 1, 1994, unless it is imprinted.  Vitamins are exempt from the imprint requirement.  Some medications may also be exempt because of their size, texture, or other unique characteristics.

Manufacturers must provide their printed identification symbols to the Board of Pharmacy.  The board must 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 contraband and subject to seizure.  The board may impose civil fines of up to $1,000, after a notice of noncompliance is issued.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

SUMMARY OF PROPOSED SENATE AMENDMENTS:

The first amendment adds a section to the legislative intent section of this bill which states that the Legislature supports efforts to establish a national system governing the imprinting of solid dosage form over-the-counter medication that is consistent with this bill.

The second amendment requires that the board, in consultation with the State Toxicologist, determine whether the federal government has established a system that is substantially equivalent to the Washington system.  To be substantially equivalent, the dates required for implementation must be the same or earlier.  If the board determines that the federal system is substantially the same as Washington's, the state law will cease to exist on January 1, 1993, or later if the federal law is implemented later.

Senate Committee - Testified: Bill Robertson, WSMA (pro); Don Williams, Pharmacy Board (pro); Lars Hennum, Pharmacists of Washington (pro); Joe Doss, Proprietary Association (pro)