S-890                 _______________________________________________

                                                   SENATE BILL NO. 5597

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Senators Nelson, West, Newhouse, Smith, Conner, Wojahn and Niemi

Read first time 1/30/89 and referred to Committee on   Health Care & Corrections.

AN ACT Relating to limiting strict liability of pharmacists; adding a new section to chapter 18.64 RCW; 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 recognizes that drugs and devices are approved for distribution after study and evaluation.  The legislature finds it is in the public interest that a wide range of drugs and devices be available to the public, even though some are potentially harmful.  The legislature further finds that the services of a pharmacist are an extension of the services of prescribing practitioners in that a pharmacist limits public access to certain drugs and devices to such practitioners' prescriptions.

NEW SECTION. Sec. 2.  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. 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.