AN ACT Relating to legend drugs; amending RCW 69.41.070; adding new sections to chapter 69.41 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1. A new section is added to chapter 69.41 RCW to read as follows:

For the purposes of this act, "steroids" shall include the following forms and their definitions:

(1) "Anabolic steroids" means synthetic derivatives of testosterone or any isomer, ester, salt, or derivative of the following that act in the same manner on the human body:

(a) Ethylestrenol;

(b) Nandrolone;

(d) Oxymesterone;

(e) Oxymetholone; and

(f) Stanozolol;

(2) "Androgens" means testosterone in one of its forms or a derivative, isomer, ester, or salt, of the following that act in the same manner on the human body:

(a) Fluoxymesterone;

(b) Methyltesterone;

(d) Testosterone;

(3) "Human growth hormones" means growth hormones, or a derivative, isomer, ester, or salt of the following that act in the same manner on the human body:

(a) GH;

(b) HGH;

NEW SECTION. Sec. 2. A new section is added to chapter 69.41 RCW to read as follows:

The state board of pharmacy may add or delete substances to the classes of drugs listed and defined in section 1 of this act, and may adopt rules for the implementation of this act, pursuant to chapter 34.05 RCW.

On or before December 1 of each year, the board shall inform the appropriate legislative committees of reference of the drugs that the board has added or deleted to the list of steroids in section 1 of this act. The board shall submit a statement of rationale for the changes. The drugs listed in section 1 of this act are regulated by this act regardless of the official, common, usual, chemical, or trade name designated.

NEW SECTION. Sec. 3. A new section is added to chapter 69.41 RCW to read as follows:

(1) A practitioner shall not prescribe, administer, or dispense anabolic steroids, growth hormones, testosterone or its analogs, human chorionic gonadotropin (HCG), other hormones, or any form of autotransfusion for the purpose of manipulating hormones to increase muscle mass, strength, or weight, or for the purpose of enhancing athletic ability without a medical necessity to do so.

(2) A practitioner shall complete and maintain patient medical records which accurately reflect the prescribing, administering, or dispensing of any substance or drug described in this section or any form of autotransfusion. Patient medical records shall indicate the diagnosis and purpose for which the substance, drug, or autotransfusion is prescribed, administered, or dispensed and any additional information upon which the diagnosis is based.

Sec. 4. Section 7, chapter 186, Laws of 1973 1st ex. sess. as amended by section 4, chapter 4, Laws of 1983 1st ex. sess. and RCW 69.41.070 are each amended to read as follows:

Whoever violates any provision of this chapter shall, upon conviction, be fined and imprisoned as herein provided:

(1) For a violation of RCW 69.41.020, the offender shall be guilty of a felony.

(2) For a violation of RCW 69.41.030 involving the sale, delivery, or possession with intent to sell or deliver, the offender shall be guilty of a felony.

(3) For a violation of RCW 69.41.030 involving possession, the offender shall be guilty of a misdemeanor.

(4) For a violation of RCW 69.41.040, the offender shall be guilty of a felony.

(5) For a violation of RCW 69.41.050, the offender shall be guilty of a misdemeanor.

(6) Any offense which is a violation of chapter 69.50 RCW other than RCW 69.50.401(c) shall not be charged under this chapter.

(7) For a violation of section 3(1) of this act, the offender shall be guilty of a gross misdemeanor and subject to disciplinary action under RCW 18.130.180.

(8)(a) A person who violates the provisions of this chapter by possessing under two hundred tablets or eight 2cc bottles of steroid without a valid prescription is guilty of a gross misdemeanor.

(b) A person who violates the provisions of this chapter by possessing over two hundred tablets or eight 2cc bottles of steroid without a valid prescription is guilty of a class C felony and shall be punished according to RCW 9A.20.010(1)(c).

NEW SECTION. Sec. 5. A new section is added to chapter 69.41 RCW to read as follows:

The superintendent of public instruction shall develop and distribute to all school districts signs of appropriate design and dimensions advising students of the health risks that steroids present when used solely to enhance athletic ability, and of the penalties for their unlawful possession provided by this act.

School districts shall post or cause the signs to be posted in a prominent place for ease of viewing on the premises of school athletic departments.