AN ACT Relating to imprinting over-the-counter medications; adding a new chapter to Title 69 RCW; creating a new section; and prescribing penalties.

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

NEW SECTION. Sec. 1. The legislature of the state of Washington finds that:

(1) Accidental and purposeful ingestions of solid medication forms continue to be the most frequent cause of poisoning in our state;

(2) Modern treatment is dependent upon knowing the ingredients of the ingestant;

(3) The imprinting of identifying characteristics on all tablets, capsules, and caplets of prescription medication forms, both trade name products and generic products, has been extremely beneficial in our state and was accomplished at trivial cost to the manufacturers and consumers;

(4) Although over-the-counter medications usually constitute a lower order of risk to ingestees, treatment after overdose is equally dependent upon knowing the ingredients involved, but there is no coding index uniformly used by this class of medication;

(5) Approximately seventy percent of over-the-counter medications in solid form already have some type of an identifier imprinted on their surfaces;

(6) While particular efforts are being instituted to prevent recurrent tampering with over-the-counter medications, the added benefit of rapid and prompt identification of all possible contaminated products, including over-the-counter medications, would make for a significant improvement in planning for appropriate tracking and monitoring programs;

(7) At the same time, health care professionals serving the elderly find it especially advantageous to be able to identify and confirm the ingredients of their multiple medications, including over-the-counter products, as are often consumed by such patients.

NEW SECTION. Sec. 2. (1) No over-the-counter medication in solid dosage form may be manufactured or commercially distributed within this state unless it has clearly marked or imprinted on it an individual symbol, number, company name, words, letters, marking, or national drug code number identifying the medication and the manufacturer or distributor of the medication.

(2) No manufacturer or distributor may sell any over-the-counter medication contained within a bottle, vial, carton, or other container, or in any way affixed or appended to or enclosed within a package of any kind designed or intended for delivery in such container or package to an ultimate consumer within this state unless such container or package has clearly and permanently marked or imprinted on it an individual symbol, number, company name, words, letters, marking, or national drug code number identifying the medication and the manufacturer or distributor of the medication.

(3) Whenever the distributor of an over-the-counter medication does not also manufacture it, the names and places of businesses of both shall appear on the stock container or package label in words that truly distinguish each.

NEW SECTION. Sec. 3. The terms defined in this section shall have the meanings indicated when used in this chapter.

(1) "Distributor" means any corporation, person, or other entity which distributes for sale an over-the-counter medication under its own label even though it is not the actual manufacturer of the over-the-counter medication.

(2) "Solid dosage form" means capsules or tablets or similar over-the-counter medication products intended for administration and which could be ingested orally.

(3) "Over-the-counter medication" means a medication that can be obtained without a prescription and is not restricted to use by prescribing practitioners.

(4) "Board" means the state board of pharmacy.

(5) "Purveyor" means any corporation, person, or other entity that offers over-the-counter medications for wholesale, retail, or other type of sale.

NEW SECTION. Sec. 4. Each manufacturer and/or distributor shall publish and provide to the board printed material which will identify each current imprint used by the manufacturer or distributor and the board shall be notified of any change. This information shall be provided by the board to all pharmacies licensed in the state of Washington, poison control centers, and hospital emergency rooms.

NEW SECTION. Sec. 5. (1) Any over-the-counter medication prepared or manufactured or offered for sale in violation of this chapter or implementing rules shall be contraband and subject to seizure, in the same manner as contraband legend drugs under RCW 69.41.060.

(2) A purveyor who fails to comply with this chapter is subject to a one thousand dollar civil fine for each instance of noncompliance.

NEW SECTION. Sec. 6. The board shall have authority to promulgate rules for the enforcement and implementation of this chapter.

NEW SECTION. Sec. 7. (1) Imprinting of over-the-counter medications under this chapter shall commence on or before January 1, 1990. Existing nonimprinted supplies on a purveyor's premises on that date may be offered for sale until January 1, 1991.

(2) All over-the-counter medications manufactured or distributed for resale to any entity in this state other than the ultimate consumer shall meet the requirements of this chapter on or before January 1, 1991.

NEW SECTION. Sec. 8. Sections 2 through 7 of this act shall constitute a new chapter in Title 69 RCW.