S-3632               _______________________________________________

                                                   SENATE BILL NO. 6192

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Senators West, Stratton, McCaslin and Kreidler

Prefiled with Secretary of the Senate 1/3/90.  Read first time 1/8/90 and referred to Committee on  Health & Long Term Care.

AN ACT Relating to substitution of generic drugs on out-of-state prescriptions; amending RCW 69.41.120; and declaring an emergency.

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

        Sec. 1.  Section 3, chapter 352, Laws of 1977 ex. sess. as amended by section 22, chapter 110, Laws of 1979 and RCW 69.41.120 are each amended to read as follows:

          Every drug prescription shall contain an instruction on whether or not a therapeutically equivalent generic drug may be substituted in its place, unless substitution is permitted under a prior-consent authorization.

          If a written prescription is involved, the form shall have two signature lines at opposite ends on the bottom of the form.  Under the line at the right side shall be clearly printed the words "DISPENSE AS WRITTEN".  Under the line at the left side shall be clearly printed the words "SUBSTITUTION PERMITTED".  The practitioner shall communicate the instructions to the pharmacist by signing the appropriate line.  No prescription shall be valid without the signature of the practitioner on one of these lines.  In the case of a prescription issued by a practitioner in another state that uses a one-line prescription form or variation thereof, the pharmacist may substitute a therapeutically equivalent generic drug unless otherwise instructed by the practitioner through the use of the words "dispense as written", words of similar meaning, or some other indication.

          If an oral prescription is involved, the practitioner or the practitioner's agent shall instruct the pharmacist as to whether or not a therapeutically equivalent generic drug may be substituted in its place.  The pharmacist shall note the instructions on the file copy of the prescription.

          The pharmacist shall note the manufacturer of the drug dispensed on the file copy of a written or oral prescription.

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.