SENATE BILL REPORT

SB 5772

BYSenators West, Kreidler, von Reichbauer, Stratton, Anderson, Benitz, Nelson, Niemi, McDonald and Bailey

Regarding out-of-state pharmacies.

Senate Committee on Health Care & Corrections

Senate Hearing Date(s):February 16, 1989; February 23, 1989

Majority Report:  That Substitute Senate Bill No. 5772 be substituted therefor, and the substitute bill do pass.

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

Senate Staff:Kris Zabriskie (786-7439)

                  February 28, 1989

AS REPORTED BY COMMITTEE ON HEALTH CARE & CORRECTIONS, FEBRUARY 23, 1989

BACKGROUND:

Pharmacies in other states providing prescription drugs to Washington residents through the mail are not regulated by the Board of Pharmacy.  Therefore, they are not required to meet any of Washington's standards in dispensing drugs.  There is concern that the Washington consumer-patient's health is not adequately protected.

SUMMARY:

A nonresident pharmacy may ship, mail, or deliver prescription drugs to this state only if it is registered with the board and operates in a manner which meets or exceeds the Washington State pharmacy operation standards.

It must maintain readily retrievable records of controlled substances, legend drugs, or devices dispensed to patients in this state.  A toll-free telephone service must be provided to assure that patients in this state may talk with the out-of- state pharmacist who has access to their records.

The board may revoke, deny, or suspend a nonresident pharmacy registration for failure to comply with any requirements, or for conduct which causes serious bodily or psychological injury if it determines that the pharmacy operated below Washington standards.

A nonresident pharmacy not registered in this state may not advertise its services here.  A state resident may not advertise nonresident pharmacy services if it is likely to induce residents to fill prescriptions out of state.

Contractors providing coverage of prescription drugs from an out- of-state pharmacy shall submit the name and location of that pharmacy in writing to the board so it may determine whether Washington State standards are met.

EFFECT OF PROPOSED SUBSTITUTE:

Technical amendments are made allowing the board to deny, suspend, or revoke a nonresident pharmacy's registration for failure to comply with "any" requirement of the act.  The board may promulgate rules to implement this act.  Group and blanket disability, health care service contractors and Medicare supplemental health insurance organizations providing prescription drug coverage by out-of-state pharmacies must submit the pharmacy's name and location to the board.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested February 8, 1989

Senate Committee - Testified: Don Williams