H-1071              _______________________________________________

                                                   HOUSE BILL NO. 1700

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Representatives Leonard, Prentice, Patrick, Crane, Anderson, Braddock, Brooks, Moyer, Cooper, Zellinsky and Youngsman

Read first time 2/3/89 and referred to Committee on Health Care.

AN ACT Relating to distribution of drug samples; amending RCW 69.45.050; creating a new section; and declaring an emergency.

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

NEW SECTION. Sec. 1.     The legislature finds that chapter 69.45 RCW is more restrictive than the federal prescription drug marketing act of 1987, and the legislature further finds that a change in chapter 69.45 RCW accepting the position of the federal law is beneficial to the citizens of this state.

        Sec. 2.  Section 5, chapter 411, Laws of 1987 and RCW 69.45.050 are each amended to read as follows:

          (1) Drug samples may be distributed by a manufacturer or a manufacturer's representative only to practitioners legally authorized to prescribe such drugs or, at the request of such practitioner, to pharmacies of hospitals or other health care entities.  The recipient of the drug sample must execute a written receipt upon delivery that is returned to the manufacturer or the manufacture's representative.

          (2) Drug samples may be distributed by a manufacturer or a manufacturer's representative only to a practitioner legally authorized to prescribe such drugs pursuant to a written request for such samples.  The request shall contain:

          (a) The recipient's name, address, and professional designation;

          (b) The name, strength, and quantity of the drug samples delivered;

          (c) The name or identification of the manufacturer and of the individual distributing the drug sample; and

          (d) The dated signature of the practitioner requesting the drug sample.

          (3) No fee or charge may be imposed for sample drugs distributed in this state.

          (4) A manufacturer's representative shall not possess legend drugs or controlled substances other than those distributed by the manufacturer they represent.  Nothing in this section prevents a manufacturer's representative from possessing a legally prescribed and dispensed legend drug or controlled substance.

NEW SECTION. Sec. 3.     This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.