AN
ACT Relating to defining medication assistance in community-based settings;
amending RCW 69.41.010; and adding a new section to chapter 69.41 RCW.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. A
new section is added to chapter 69.41 RCW to read as follows:
Individuals
residing in community-based settings, such as adult family homes, boarding
homes, and residential care settings for the developmentally disabled,
including an individual's home, might need medication assistance due to
physical or mental limitations that prevent them from self-administering their
legend drugs or controlled substances. The practitioner in consultation with
the individual or his or her representative and the community-based setting, if
involved, determines that medication assistance is appropriate for this
individual. Medication assistance can take different forms such as opening
containers, handing the container or medication to the individual, preparing the
medication with prior authorization, using enablers for facilitating the
self-administration of medication, and other means of assisting in the
administration of legend drugs or controlled substances commonly employed in
community-based settings. Nothing in this chapter affects the right of an
individual to refuse medication or requirements relating to informed consent.
Sec.
2. RCW
69.41.010 and 1996 c 178 s 16 are each amended to read as follows:
As
used in this chapter, the following terms have the meanings indicated unless
the context clearly requires otherwise:
(1)
"Administer" means the direct application of a legend drug whether by
injection, inhalation, ingestion, or any other means, to the body of a patient
or research subject by:
(a)
A practitioner; or
(b)
The patient or research subject at the direction of the practitioner.
(2)
"Deliver" or "delivery" means the actual, constructive, or
attempted transfer from one person to another of a legend drug, whether or not
there is an agency relationship.
(3)
"Department" means the department of health.
(4)
"Dispense" means the interpretation of a prescription or order for a
legend drug and, pursuant to that prescription or order, the proper selection,
measuring, compounding, labeling, or packaging necessary to prepare that
prescription or order for delivery.
(5)
"Dispenser" means a practitioner who dispenses.
(6)
"Distribute" means to deliver other than by administering or
dispensing a legend drug.
(7)
"Distributor" means a person who distributes.
(8)
"Drug" means:
(a)
Substances recognized as drugs in the official United States pharmacopoeia,
official homeopathic pharmacopoeia of the United States, or official national
formulary, or any supplement to any of them;
(b)
Substances intended for use in the diagnosis, cure, mitigation, treatment, or
prevention of disease in man or animals;
(c)
Substances (other than food, minerals or vitamins) intended to affect the
structure or any function of the body of man or animals; and
(d)
Substances intended for use as a component of any article specified in clause
(a), (b), or (c) of this subsection. It does not include devices or their
components, parts, or accessories.
(9)
"Legend drugs" means any drugs which are required by state law or
regulation of the state board of pharmacy to be dispensed on prescription only
or are restricted to use by practitioners only.
(10)
"Medication assistance" means assistance rendered by a
nonpractitioner to an individual residing in a community-based setting
specified in section 1 of this act to facilitate the individual's
self-administration of a legend drug or controlled substance. It includes
reminding or coaching the individual, handing the medication container to the
individual, opening the individual's medication container, using an enabler, or
placing the medication in the individual's hand, and such other means of
medication assistance as defined by rule adopted by the department. The
nonpractitioner may help in the preparation of legend drugs or controlled
substances for self-administration where a practitioner has determined, in
consultation with the individual or the individual's representative, that such
medication assistance is necessary and appropriate. Medication assistance shall
not include assistance with intravenous medications or injectable medications.
(11)
"Person" means individual, corporation, government or governmental
subdivision or agency, business trust, estate, trust, partnership or
association, or any other legal entity.
(((11)))
(12) "Practitioner" means:
(a)
A physician under chapter 18.71 RCW, an osteopathic physician or an osteopathic
physician and surgeon under chapter 18.57 RCW, a dentist under chapter 18.32
RCW, a podiatric physician and surgeon under chapter 18.22 RCW, a veterinarian
under chapter 18.92 RCW, a registered nurse, advanced registered nurse
practitioner, or licensed practical nurse under chapter 18.79 RCW, an
optometrist under chapter 18.53 RCW who is certified by the optometry board
under RCW 18.53.010, an osteopathic physician assistant under chapter 18.57A
RCW, a physician assistant under chapter 18.71A RCW, or a pharmacist under
chapter 18.64 RCW;
(b)
A pharmacy, hospital, or other institution licensed, registered, or otherwise
permitted to distribute, dispense, conduct research with respect to, or to
administer a legend drug in the course of professional practice or research in
this state; and
(c)
A physician licensed to practice medicine and surgery or a physician licensed
to practice osteopathic medicine and surgery in any state, or province of
Canada, which shares a common border with the state of Washington.
(((12))) (13) "Secretary" means the
secretary of health or the secretary's designee.
