WSR 26-13-013
PREPROPOSAL STATEMENT OF INQUIRY
DEPARTMENT OF HEALTH
(Pharmacy Quality Assurance Commission)
[Filed June 5, 2026, 8:43 a.m.]
Subject of Possible Rule Making: Updates to designated nonnarcotic stimulant drugs. The pharmacy quality assurance commission (commission) is considering amending WAC 246-945-043 to update outdated references in the list of designated nonnarcotic stimulant drugs and clarifying identifying information.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Commission staff identified outdated references in the commission's list of designated nonnarcotic stimulant drugs in the rule. The manufacturer information for most of the schedule II controlled substances designated as nonnarcotic stimulant drugs for purposes of RCW
69.50.402 (1)(c) has changed since the rule was last updated during the commission's rule rewrite in July 2020. Updating the outdated language will alleviate potential confusion among pharmaceutical profession and facility licensees. Rule making is necessary to update references in rule. The commission is considering updating and clarifying identifying information in the commission's list of designated nonnarcotic stimulant drugs in WAC 246-945-043.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The United States Department of Justice, Drug Enforcement Administration (DEA), Diversion Control Division regulates nonnarcotic stimulant drugs federally. The commission will ensure any amendments do not conflict with DEA requirements.
Process for Developing New Rule: Collaborative rule making.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Julia Katz, P.O. Box 47852, Olympia, WA 98504-7852, phone 360-791-1167, TTY 711, email PharmacyRules@doh.wa.gov, website www.doh.wa.gov.
Additional comments: Interested parties can participate in the drafting of the proposed rules. The commission will conduct at least one rules workshop. Rule-making notices will be delivered via the email communication list. To receive notices, please go to https://public.govdelivery.com/accounts/WADOH/subscriber/new. After signing in, please click open the box labeled "Health Systems Quality Assurance." Next, click open the box labeled "Health Professions" and then click again on "Pharmacy Commission Newsletter." You may also check the box next to one or more of the other professions or facilities listed to receive information related to that specific topic.
June 4, 2026
Hawkins DeFrance, PharmD, Chair
Pharmacy Quality Assurance Commission