AN
ACT Relating to kidney dialysis centers; and amending RCW 18.64.011.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
18.64.011 and 1995 c 319 s 2 are each amended to read as follows:
Unless
the context clearly requires otherwise, definitions of terms shall be as
indicated when used in this chapter.
(1)
"Person" means an individual, corporation, government, governmental
subdivision or agency, business trust, estate, trust, partnership or
association, or any other legal entity.
(2)
"Board" means the Washington state board of pharmacy.
(3)
"Drugs" means:
(a)
Articles recognized in the official United States pharmacopoeia or the official
homeopathic pharmacopoeia of the United States;
(b)
Substances intended for use in the diagnosis, cure, mitigation, treatment, or
prevention of disease in man or other animals;
(c)
Substances (other than food) intended to affect the structure or any function
of the body of man or other animals; or
(d)
Substances intended for use as a component of any substances specified in (a),
(b), or (c) of this subsection, but not including devices or their component
parts or accessories.
(4)
"Device" means instruments, apparatus, and contrivances, including
their components, parts, and accessories, intended (a) for use in the
diagnosis, cure, mitigation, treatment, or prevention of disease in man or
other animals, or (b) to affect the structure or any function of the body of
man or other animals.
(5)
"Nonlegend" or "nonprescription" drugs means any drugs
which may be lawfully sold without a prescription.
(6)
"Legend drugs" means any drugs which are required by any applicable
federal or state law or regulation to be dispensed on prescription only or are
restricted to use by practitioners only.
(7)
"Controlled substance" means a drug or substance, or an immediate
precursor of such drug or substance, so designated under or pursuant to the
provisions of chapter 69.50 RCW.
(8)
"Prescription" means an order for drugs or devices issued by a
practitioner duly authorized by law or rule in the state of Washington to
prescribe drugs or devices in the course of his or her professional practice
for a legitimate medical purpose.
(9)
"Practitioner" means a physician, dentist, veterinarian, nurse, or
other person duly authorized by law or rule in the state of Washington to
prescribe drugs.
(10)
"Pharmacist" means a person duly licensed by the Washington state
board of pharmacy to engage in the practice of pharmacy.
(11)
"Practice of pharmacy" includes the practice of and responsibility
for: Interpreting prescription orders; the compounding, dispensing, labeling,
administering, and distributing of drugs and devices; the monitoring of drug
therapy and use; the initiating or modifying of drug therapy in accordance with
written guidelines or protocols previously established and approved for his or
her practice by a practitioner authorized to prescribe drugs; the participating
in drug utilization reviews and drug product selection; the proper and safe
storing and distributing of drugs and devices and maintenance of proper records
thereof; the providing of information on legend drugs which may include, but is
not limited to, the advising of therapeutic values, hazards, and the uses of
drugs and devices.
(12)
"Pharmacy" means every place properly licensed by the board of
pharmacy where the practice of pharmacy is conducted.
(13)
The words "drug" and "devices" shall not include surgical
or dental instruments or laboratory materials, gas and oxygen, therapy
equipment, X-ray apparatus or therapeutic equipment, their component parts or
accessories, or equipment, instruments, apparatus, or contrivances used to
render such articles effective in medical, surgical, or dental treatment, or
for use or consumption in or for mechanical, industrial, manufacturing, or
scientific applications or purposes, nor shall the word "drug"
include any article or mixture covered by the Washington pesticide control act
(chapter 15.58 RCW), as enacted or hereafter amended, nor medicated feed
intended for and used exclusively as a feed for animals other than man.
(14)
The word "poison" shall not include any article or mixture covered by
the Washington pesticide control act (chapter 15.58 RCW), as enacted or
hereafter amended.
(15)
"Deliver" or "delivery" means the actual, constructive, or
attempted transfer from one person to another of a drug or device, whether or
not there is an agency relationship.
(16)
"Dispense" means the interpretation of a prescription or order for a
drug, biological, or device and, pursuant to that prescription or order, the
proper selection, measuring, compounding, labeling, or packaging necessary to
prepare that prescription or order for delivery.
(17)
"Distribute" means the delivery of a drug or device other than by
administering or dispensing.
(18)
"Compounding" shall be the act of combining two or more ingredients
in the preparation of a prescription.
(19)
"Wholesaler" shall mean a corporation, individual, or other entity
which buys drugs or devices for resale and distribution to corporations,
individuals, or entities other than consumers.
(20)
"Manufacture" means the production, preparation, propagation,
compounding, or processing of a drug or other substance or device or the
packaging or repackaging of such substance or device, or the labeling or
relabeling of the commercial container of such substance or device, but does
not include the activities of a practitioner who, as an incident to his or her
administration or dispensing such substance or device in the course of his or
her professional practice, prepares, compounds, packages, or labels such
substance or device.
(21)
"Manufacturer" shall mean a person, corporation, or other entity
engaged in the manufacture of drugs or devices.
(22)
"Labeling" shall mean the process of preparing and affixing a label
to any drug or device container. The label must include all information
required by current federal and state law and pharmacy rules.
(23)
"Administer" means the direct application of a drug or device,
whether by injection, inhalation, ingestion, or any other means, to the body of
a patient or research subject.
(24)
"Master license system" means the mechanism established by chapter 19.02
RCW by which master licenses, endorsed for individual state-issued licenses,
are issued and renewed utilizing a master application and a master license
expiration date common to each renewable license endorsement.
(25)
"Department" means the department of health.
(26)
"Secretary" means the secretary of health or the secretary's
designee.
(27) "Health care entity" means an organization that
provides health care services in a setting that is not otherwise licensed by
the state. Health care entity includes a free-standing outpatient surgery
center((,)) or a free-standing cardiac care center((, or a
kidney dialysis center)). It does not include an individual practitioner's
office or a multipractitioner clinic.
