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                                           ENGROSSED HOUSE BILL NO. 1702

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State of Washington                               51st Legislature                              1989 Regular Session

By Representatives Crane, Patrick, Cooper, Wolfe, Prentice, Anderson, Padden, Zellinsky, Youngsman and Betrozoff

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

AN ACT Relating to limiting strict liability of pharmacists; adding a new section to chapter 18.64 RCW; and declaring an emergency.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 18.64 RCW to read as follows:

          The dispensing by a licensed pharmacist of a prescription product manufactured by a commercial manufacturer pursuant to a prescription issued by a licensed prescribing practitioner constitutes the rendition of a service, and is not covered by any implied warranty under the uniform commercial code, Title 62A RCW, or otherwise.  No civil liability may be incurred as a result of any such acts, except in a case of willful or negligent conduct.

NEW SECTION. Sec. 2.     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.