H-4388              _______________________________________________


                                          SUBSTITUTE HOUSE BILL NO. 2524



                                                                            C 083 L 90



State of Washington                               51st Legislature                              1990 Regular Session


By House Committee on Health Care (originally sponsored by Representatives Leonard, Day, Braddock, Crane and Dellwo; by request of Department of Health)



Read first time 2/2/90.



AN ACT Relating to the board of pharmacy; amending RCW 18.64.005; creating a new section; and repealing RCW 43.131.249 and 43.131.250.




        Sec. 1.  Section 3, chapter 98, Laws of 1935 as last amended by section 409, chapter 9, Laws of 1989 1st ex. sess. and RCW 18.64.005 are each amended to read as follows:


          (1) Regulate the practice of pharmacy and enforce all laws placed under its jurisdiction;

          (2) Prepare or determine the nature of, and supervise the grading of, examinations for applicants for pharmacists' licenses;

          (3) Establish the qualifications for licensure of pharmacists or pharmacy interns;

          (4) Conduct hearings for the revocation or suspension of licenses, permits, registrations, certificates, or any other authority to practice granted by the board, which hearings may also be conducted by an administrative law judge appointed under chapter 34.12 RCW;

          (5) Issue subpoenas and administer oaths in connection with any hearing, or disciplinary proceeding held under this chapter or any other chapter assigned to the board;

          (6) Assist the regularly constituted enforcement agencies of this state in enforcing all laws pertaining to drugs, controlled substances, and the practice of pharmacy,or any other laws or rules under its jurisdiction;

          (7) Promulgate rules for the dispensing, distribution, wholesaling, and manufacturing of drugs and devices and the practice of pharmacy for the protection and promotion of the public health, safety, and welfare.  Violation of any such rules shall constitute grounds for refusal, suspension, or revocation of licenses or any other authority to practice issued by the board;

          (8) Adopt rules establishing and governing continuing education requirements for pharmacists and other licensees applying for renewal of licenses under this chapter;

          (9) Be immune, collectively and individually, from suit in any action, civil or criminal, based upon any disciplinary proceedings or other official acts performed as members of such board.  Such immunity shall apply to employees of the department when acting in the course of disciplinary proceedings;

          (10) ((Establish an interdepartmental coordinating committee on drug misuse, diversion, and abuse, composed of one member from each caucus of the house of representatives and senate, the superintendent of public instruction, the secretary of health, the executive secretary of the criminal justice training commission, the chief of the Washington state patrol, the secretary of social and health services, director of the traffic safety commission, representatives of prescribing, delivering, and dispensing health care practitioner boards, the attorney general, the director of the department of labor and industries, a representative of local law enforcement agencies, and the executive officer of the board of pharmacy, or their designees.  The committee shall meet at least twice annually at the call of the executive officer of the board of pharmacy who shall serve as chairperson of the committee.  The committee shall advise the board of pharmacy in all matters related to its powers and duties delineated in subsections (11), (12), (13), (14) and (15) of this section, and shall report to the legislature each biennium on the results of its and the board's activity under those subsections;

          (11) Provide for the coordination and exchange of information on state programs relating to drug misuse, diversion, and abuse, and act as a permanent liaison among the departments and agencies engaged in activities concerning the legal and illegal use of drugs;

          (12))) Suggest strategies for preventing, reducing, and eliminating drug misuse, diversion, and abuse, including professional and public education, and treatment of persons misusing and abusing drugs;

          (((13))) (11) Conduct or encourage educational programs to be conducted to prevent the misuse, diversion, and abuse of drugs for health care practitioners and licensed or certified health care facilities;

          (((14))) (12) Monitor trends of drug misuse, diversion, and abuse and make periodic reports to disciplinary boards of licensed health care practitioners and education, treatment, and appropriate law enforcement agencies regarding these trends;

          (((15))) (13) Enter into written agreements with all other state and federal agencies with any responsibility for controlling drug misuse, diversion, or abuse and with health maintenance organizations, health care service contractors, and health care providers to assist and promote coordination of agencies responsible for ensuring compliance with controlled substances laws and to monitor observance of these laws and cooperation between these agencies.  The department of social and health services, the department of labor and industries, and any other state agency including licensure disciplinary boards, shall refer all apparent instances of over-prescribing by practitioners and all apparent instances of legend drug overuse to the department.  The department shall also encourage such referral by health maintenance organizations, health service contractors, and health care providers.


          NEW SECTION.  Sec. 2.  The following acts or parts of acts are each repealed:

                   (1) Section 3, chapter 223, Laws of 1982, section 15, chapter 153, Laws of 1984 and RCW 43.131.249; and

          (2) Section 7, chapter 223, Laws of 1982, section 16, chapter 153, Laws of 1984 and RCW 43.131.250.


          NEW SECTION.  Sec. 3.                             Section captions as used in this act do not constitute any part of the law. Passed the House February 9, 1990.

Speaker of the House.

Passed the Senate February 28, 1990.

President of the Senate.