AN ACT Relating to legend drugs; amending RCW 69.41.010, 69.41.030, and 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:

Sec. 1. Section 1, chapter 186, Laws of 1973 1st ex. sess. as last amended by section 17, chapter 153, Laws of 1984 and RCW 69.41.010 are each amended to read as follows:

As used in this chapter:

(1) "Administer" means the direct application of a legend drug whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by:

(a) A practitioner; or

(b) The patient or research subject at the direction of the practitioner.

(2) "Anabolic steroid" means any of the following, or any isomer, ester, salt, or derivative of the following that acts in the same manner on the human body:

(a) Clostebol;

(b) Dehydrochlormethyltestosterone;

(d) Fluoxymesterone;

(e) Human growth hormones;

(f) Mesterolone;

(g) Methandienone;

(h) Methandrostenolone;

(i) Methenolone;

(j) Methyltesterone;

(k) Nandrolone;

(l) Norethandrolone;

(m) Oxandrolone;

(n) Oxymesterone;

(o) Oxymetholone;

(p) Stanozolol; and

(q) Testosterone.

(3) "Counterfeit legend drug" means a legend drug which, without authorization, on the container or label, bears the trademark, name, or other identifying mark, imprint, number or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person who in fact manufactured, distributed, or dispensed the drug.

(4) "Deliver" or "delivery" means the actual, constructive, or attempted transfer from one person to another of a legend drug, whether or not there is an agency relationship.

((~~(3)~~)) (5) "Dispense" means the interpretation of a prescription or order for a legend drug and, pursuant to that prescription or order, the proper selection, measuring, compounding, labeling, or packaging necessary to prepare that prescription or order for delivery.

((~~(4)~~)) (6) "Dispenser" means a practitioner who dispenses.

((~~(5)~~)) (7) "Distribute" means to deliver other than by administering or dispensing a legend drug.

((~~(6)~~)) (8) "Distributor" means a person who distributes.

((~~(7)~~)) (9) "Drug" means:

(a) Substances recognized as drugs in the official United States pharmacopoeia, official homeopathic pharmacopoeia of the United States, or official national formulary, or any supplement to any of them;

(b) Substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or animals;

(c) Substances (other than food, minerals or vitamins) intended to affect the structure or any function of the body of man or animals; and

(d) Substances intended for use as a component of any article specified in clause (a), (b), or (c) of this subsection. It does not include devices or their components, parts, or accessories.

((~~(8)~~)) (10) "Legend drugs" means any drugs which are required by state law or regulation of the state board of pharmacy to be dispensed on prescription only or are restricted to use by practitioners only. "Legend drugs" also means anabolic steroids.

((~~(9)~~)) (11) "Manufacture" means the production, preparation, propagation, compounding, conversion or processing of a legend drug, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that this term does not include the preparation or compounding of a legend drug by an individual for his own use or the preparation, compounding, packaging, or labeling of a legend drug:

(a) By a practitioner as an incident to his administering or dispensing of a legend drug in the course of his professional practice; or

(b) By a practitioner, or by his authorized agent under his supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale.

(12) "Person" means individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity.

((~~(10)~~)) (13) "Practitioner" means:

(a) A physician under chapter 18.71 RCW, an osteopathic physician or an osteopathic physician and surgeon under chapter 18.57 RCW, a dentist under chapter 18.32 RCW, a podiatrist under chapter 18.22 RCW, a veterinarian under chapter 18.92 RCW, a registered nurse under chapter 18.88 RCW, a licensed practical nurse under chapter 18.78 RCW, an osteopathic physician's assistant under chapter 18.57A RCW, or a physician's assistant under chapter 18.71A RCW, or a pharmacist under chapter 18.64 RCW;

(b) A pharmacy, hospital, or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or to administer a legend drug in the course of professional practice or research in this state; and

(c) A physician licensed to practice medicine and surgery or a physician licensed to practice osteopathy and surgery in any state, or province of Canada, which shares a common border with the state of Washington.

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 list of anabolic steroids as defined in RCW 69.41.010(2) (a) through (q) pursuant to the rule-making procedures of chapter 34.05 RCW and RCW 69.41.075.

On or before December 1 of each year, the board shall inform the legislature of the anabolic steroids, if any, that the board has added or deleted to the list found in RCW 69.41.010(2). The board shall explain the reasons for the changes.

The anabolic steroids listed in RCW 69.41.010(2) (a) through (q) are regulated by this act regardless of the official, common, usual, chemical, or trade name designated. Nothing in this section is intended to define or restrict the board's powers regarding other legend drugs.

Sec. 3. Section 3, chapter 186, Laws of 1973 1st ex. sess. as last amended by section 1, chapter 144, Laws of 1987 and RCW 69.41.030 are each amended to read as follows:

It shall be unlawful for any person to sell, deliver, manufacture, possess, or possess with intent to manufacture, sell, or deliver, any legend drug except upon the order or prescription of a physician under chapter 18.71 RCW, an osteopathic physician or an osteopathic physician and surgeon under chapter 18.57 RCW, a dentist under chapter 18.32 RCW, a podiatrist under chapter 18.22 RCW, a veterinarian under chapter 18.92 RCW, a commissioned medical or dental officer in the United States armed forces, marine hospital service, or public health service in the discharge of his official duties, a duly licensed physician or dentist employed by the veterans administration in the discharge of his official duties, a registered nurse under chapter 18.88 RCW when authorized by the board of nursing, an osteopathic physician's assistant under chapter 18.57A RCW when authorized by the committee of osteopathic examiners, a physician's assistant under chapter 18.71A RCW when authorized by the board of medical examiners, or a physician licensed to practice medicine and surgery or a physician licensed to practice osteopathy and surgery in any province of Canada which shares a common border with the state of Washington or in any state of the United States: PROVIDED, HOWEVER, That the above provisions shall not apply to sale, delivery, manufacture, possession, or possession with intent to manufacture, sell, or deliver, by drug wholesalers or drug manufacturers, or their agents or employees, or to any practitioner acting within the scope of his license, or to a common or contract carrier or warehouseman, or any employee thereof, whose possession of any legend drug is in the usual course of business or employment: PROVIDED FURTHER, That nothing in this chapter or chapter 18.64 RCW shall prevent a family planning clinic that is under contract with the department of social and health services from selling, delivering, possessing, manufacturing, and dispensing commercially prepackaged oral contraceptives prescribed by authorized, licensed health care practitioners: PROVIDED FURTHER, That it shall be unlawful to fill a prescription written by an authorized prescriber who is not licensed in this state if more than six months has passed since the date of the issuance of the original prescription.

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 class C felony and shall be punished according to RCW 9A.20.020(1)(c).

(2) For a violation of RCW 69.41.030 involving the sale, manufacture, delivery, or possession with intent to sell or deliver, the offender shall be guilty of a class C felony and shall be punished according to RCW 9A.20.020(1)(c).

(3) For a violation of RCW 69.41.030 involving possession, the offender shall be guilty of a misdemeanor except as provided in section 5(3) of this 1989 act.

(4) For a violation of RCW 69.41.040, the offender shall be guilty of a felony and may be imprisoned for not more than two years, or fined two thousand dollars, or both, for the first conviction. Upon a subsequent conviction under this chapter, the person may be imprisoned for not more than four years, or fined four thousand dollars, or both.

(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.

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

(1) This section supplements all other requirements of chapter 69.41 RCW concerning the sale, delivery, manufacture, possession, prescription, inventory and recording of the inventory and sale of anabolic steroids and other legend drugs.

(2) A practitioner shall not prescribe, dispense, deliver, or administer an anabolic steroid or direct the administration of an anabolic steroid except for a legitimate medical purpose and in the course of professional practice. A legitimate medical purpose shall not include the use of an anabolic steroid for the purpose of manipulating hormones to increase muscle mass, strength, or weight without a medical necessity to do so, or for the purpose of improving performance in any exercise, sport, or game.

Any practitioner that violates this subsection is guilty of a crime and upon conviction may be imprisoned for not more than two years, or fined not more than two thousand dollars, or both, for the first conviction. Any practitioner convicted of a subsequent conviction under this chapter may be imprisoned for not more than four years, or fined not more than four thousand dollars, or both.

(3) (a) It is unlawful for a person who is not a practitioner, and who is without a valid prescription, to possess an anabolic steroid.

A person who violates (a) of this subsection by possessing under five hundred tablets or sixteen 2cc bottles of anabolic steroid without a valid prescription is guilty of a gross misdemeanor.

A person who violates this subsection by possessing over five hundred tablets or sixteen 2cc bottles of an anabolic steroid without a valid prescription is guilty of a class C felony and shall be punished according to RCW 9A.20.010(1)(c).

(b) It is unlawful for a person to possess an anabolic steroid pursuant to a prescription if the person knows the prescription was issued for illegitimate purposes as defined in subsection (2) of this section.

A person who violates (b) of this subsection is guilty of a gross misdemeanor.

(c) A person to whom a practitioner has prescribed, sold or administered an anabolic steroid, may lawfully possess it only in the container in which the anabolic steroid was sold or dispensed to the person.

A violation of (c) of this subsection is a misdemeanor.

(4) (a) It is unlawful for a person to sell, deliver, manufacture, or possess with intent to deliver or manufacture an anabolic steroid in violation of RCW 69.41.030.

A violation of (c) of this subsection shall be punished according to RCW 69.41.070(2).

(b) It is unlawful, except as authorized in this chapter, for any person to offer, arrange, or negotiate for the sale, gift, delivery, dispensing, distribution, or administration of an anabolic steroid to any person and then sell, give, deliver, dispense, distribute, or administer to that person any other liquid, substance, or material in lieu of an anabolic steroid.

A violation of (b) of this subsection is a class C felony and shall be punished according to RCW 9A.20.020(1)(c).

(c) It is unlawful for any person to manufacture, sell, deliver, or possess with intent to deliver or manufacture, a counterfeit anabolic steroid.

A violation of (c) of this subsection is a class C felony and shall be punished according to RCW 9A.20.020(1)(c).