CERTIFICATION OF ENROLLMENT

SUBSTITUTE SENATE BILL 5917

69TH LEGISLATURE

2026 REGULAR SESSION

SUBSTITUTE SENATE BILL 5917

BySenate Human Services (originally sponsored by Senators Bateman, Frame, Alvarado, Cleveland, Conway, Hasegawa, Liias, Nobles, Orwall, Pedersen, Saldaña, Salomon, Stanford, Valdez, and C. Wilson; by request of Women's Commission)

AN ACT Relating to improving access to abortion medications; amending RCW 72.09.780; and declaring an emergency.

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

Sec. 1. RCW 72.09.780 and 2025 c 424 s 1912 are each amended to read as follows:

(1) The department is authorized to acquire, receive, possess, sell, resell, deliver, dispense, distribute, and engage in any activity constituting the practice of pharmacy or wholesale distribution with respect to abortion medications.

(2) The department may exercise the authority granted in this section for the benefit of any person, whether or not the person is in the custody or under the supervision of the department.

(3) The department shall exercise the authority granted in this section in accordance with any applicable law including, but not limited to, any applicable licensing requirements, except that the department is exempt from obtaining a wholesaler's license for any actions taken pursuant to chapter 195, Laws of 2023 as provided in RCW 18.64.046.

(4)(((a))) The department shall establish and operate a program to deliver, dispense, and distribute abortion medications described in this section. In circumstances in which the department is selling, delivering, or distributing abortion medications to a health care provider or health care entity, it may only sell, distribute, or deliver abortion medications to health care providers and health care entities that will only use the medications for the purposes of providing reproductive health care including abortion care or medical management of early pregnancy loss. The department shall coordinate with the department of health to identify appropriate recipients of the abortion medications and prioritize bulk distribution to health care providers and health care entities, including Indian health care providers. The department may but is not required to obtain any payment for delivering, dispensing, or distributing abortion medications or engaging in any other activity under this section.

(((b) Except as provided in (c) of this subsection, any abortion medications sold, resold, delivered, dispensed, or distributed whether individually or wholesale shall be conducted at cost not to exceed list price, plus a fee of $5 per dose to offset the cost of secure storage and delivery of medication. Revenues generated pursuant to chapter 195, Laws of 2023 shall be deposited to the general fund.

(c) During the 2025 fiscal year, any abortion medications sold, resold, delivered, dispensed, or distributed whether individually or wholesale shall be conducted at cost not to exceed list price.))

(5) Nothing in this section shall diminish any existing authority of the department.

(6) For the purposes of this section, the following definitions apply:

(a) "Abortion medications" means substances used in the course of medical treatment intended to induce the termination of a pregnancy or manage the full spectrum of reproductive health care including, but not limited to, mifepristone and misoprostol.

(b) "Deliver" has the same meaning as in RCW 18.64.011.

(c) "Dispense" has the same meaning as in RCW 18.64.011.

(d) "Distribute" has the same meaning as in RCW 18.64.011.

(e) "Health care entity" means a hospital, clinic, Indian health care provider, urban Indian health organization, pharmacy, office, or similar setting where a health care provider provides health care to patients.

(f) "Health care provider" has the same meaning as in RCW 70.02.010.

(g) "Person" has the same meaning as in RCW 18.64.011.

(h) "Practice of pharmacy" has the same meaning as in RCW 18.64.011.

(i) "Wholesale distribution" has the same meaning as in WAC 246-945-001.

--- END ---