AN ACT Relating to the board of pharmacy; amending RCW 18.64A.010, 18.64A.030, 18.64A.050, and 18.64.005; creating a new section; and repealing RCW 43.131.249 and 43.131.250.

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

Sec. 1. Section 1, chapter 101, Laws of 1977 ex. sess. as amended by section 422, chapter 9, Laws of 1989 1st ex. sess. and RCW 18.64A.010 are each amended to read as follows:

DEFINITIONS. Terms used in this chapter shall have the meaning set forth in this section unless the context clearly indicates otherwise:

(1) "Board" means the state board of pharmacy;

(2) "Department" means the department of health;

(3) "Pharmacist" means a person duly licensed by the state board of pharmacy to engage in the practice of pharmacy;

(4) "Pharmacy" means every place properly licensed by the board of pharmacy where the practice of pharmacy is conducted;

(5) "Pharmacy assistant level A" means:

(a) A person who is enrolled in, or who has satisfactorily completed, a board approved training program designed to prepare persons to perform nondiscretionary functions associated with the practice of pharmacy; or

(b) A person who is a graduate with a degree in pharmacy or medicine of a foreign school, university, or college recognized by the board;

(6) "Pharmacy assistant level B" means a person ((~~certified~~)) registered by the board to perform limited functions in the pharmacy;

(7) "Practice of pharmacy" means the definition given in RCW 18.64.011, as now or hereafter amended;

(8) "Secretary" means the secretary of health or the secretary's designee.

Sec. 2. Section 3, chapter 101, Laws of 1977 ex. sess. as amended by section 423, chapter 9, Laws of 1989 1st ex. sess. and RCW 18.64A.030 are each amended to read as follows:

REGULATIONS GOVERNING SERVICES WHICH MAY BE PERFORMED BY PHARMACY ASSISTANTS‑-LEVELS OF CLASSIFICATION. The board shall adopt, in accordance with chapter 34.05 RCW, rules and regulations governing the extent to which pharmacy assistants may perform services associated with the practice of pharmacy during training and after successful completion of a training course. Such regulations shall provide for the ((~~certification~~)) licensure or registration of pharmacy assistants by the department at a fee determined by the secretary under RCW 43.70.250 according to the following levels of classification:

(1) "Level A pharmacy assistants" may assist in performing, under the immediate supervision and control of a licensed pharmacist, manipulative, nondiscretionary functions associated with the practice of pharmacy.

(2) "Level B pharmacy assistants" may perform, under the general supervision of a licensed pharmacist, duties including but not limited to, typing of prescription labels, filing, refiling, bookkeeping, pricing, stocking, delivery, nonprofessional phone inquiries, and documentation of third party reimbursements.

Sec. 3. Section 5, chapter 101, Laws of 1977 ex. sess. as amended by section 424, chapter 9, Laws of 1989 1st ex. sess. and RCW 18.64A.050 are each amended to read as follows:

GROUNDS FOR REFUSAL, SUSPENSION, OR REVOCATION OF PHARMACY ASSISTANT'S LICENSE‑-HEARING‑-APPEAL. The board of pharmacy shall have the power to refuse, suspend, or revoke the ((~~certificate~~)) license or registration of any pharmacy assistant upon proof that:

(1) His or her ((~~certificate~~)) license or registration was procured through fraud, misrepresentation or deceit;

(2) He or she has been found guilty of any offense in violation of the laws of this state relating to drugs, poisons, cosmetics or drug sundries by any court of competent jurisdiction. Nothing herein shall be construed to affect or alter the provisions of RCW 9.96A.020;

(3) He or she is unfit to perform his or her duties because of habitual intoxication or abuse of controlled substances;

(4) He or she has exhibited gross incompetency in the performance of his or her duties;

(5) He or she has willfully or repeatedly violated any of the rules and regulations of the board of pharmacy or of the department;

(6) He or she has willfully or repeatedly performed duties beyond the scope of his or her ((~~certificate~~)) license or registration in violation of the provisions of this chapter; or

(7) He or she has impersonated a licensed pharmacist.

In any case of the refusal, suspension or revocation of a ((~~certificate~~)) license or registration by the board, a hearing shall be conducted in accordance with RCW 18.64.160, as now or hereafter amended, and appeal may be taken in accordance with the Administrative Procedure Act, chapter 34.05 RCW.

Sec. 4. 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:

STATE BOARD OF PHARMACY‑-POWERS AND DUTIES. The board shall:

(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. 5. 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. 6. Section captions as used in this act do not constitute any part of the law.