Title 69 — Title 69 FOOD, DRUGS, COSMETICS, AND POISONS
31 chapters · 620 sections in this title.
RCW 69.41.160 Pharmacy signs as to substitution for prescribed drugs.
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Every pharmacy shall post a sign in a location at the prescription counter that is readily visible to patrons stating, "Under Washington law, a less expensive interchangeable biological product or equivalent drug may in some cases be substituted for the drug prescribed by your do…
RCW 69.41.170 Coercion of pharmacist prohibited—Penalty.
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It shall be unlawful for any employer to coerce, within the meaning of RCW 9A.36.070, any pharmacist to dispense a generic drug or to substitute a generic drug for another drug. A violation of this section shall be punishable as a misdemeanor.[ 1977 ex.s. c 352 s 8.]
RCW 69.41.180 Rules.
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The pharmacy quality assurance commission may adopt any necessary rules under chapter 34.05 RCW for the implementation, continuation, or enforcement of RCW 69.41.100 through 69.41.180, including, but not limited to, a list of therapeutically or nontherapeutically equivalent drugs…
RCW 69.41.190 Preferred drug substitution—Exceptions—Notice—Limited restrictions.
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(1)(a) Except as provided in subsection (2) of this section, any pharmacist filling a prescription under a state purchased health care program as defined in RCW 41.05.011 shall substitute, where identified, a preferred drug for any nonpreferred drug in a given therapeutic class, …
RCW 69.41.196 List of interchangeable biological products—Pharmacy quality assurance commission to maintain link on website.
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The pharmacy quality assurance commission shall maintain a link on its website to the current list of all biological products determined by the federal food and drug administration as interchangeable. The commission shall maintain a list of all biological products approved as the…
RCW 69.41.200 Requirements for identification of legend drugs—Marking.
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(1) No legend drug in solid dosage form may be manufactured or commercially distributed within this state unless it has clearly marked or imprinted on it an individual symbol, number, company name, words, letters, marking, or National Drug Code number identifying the drug and the…
RCW 69.41.210 Definitions.
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The terms defined in this section shall have the meanings indicated when used in RCW 69.41.200 through 69.41.260.(1) "Commission" means the pharmacy quality assurance commission.(2) "Distributor" means any corporation, person, or other entity which distributes for sale a legend d…
RCW 69.41.220 Published lists of drug imprints—Requirements for.
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Each manufacturer and distributor shall publish and provide to the commission by filing with the department printed material which will identify each current imprint used by the manufacturer or distributor. The commission shall be notified of any change by the filing of any chang…
RCW 69.41.230 Drugs in violation are contraband.
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Any legend drug prepared or manufactured or offered for sale in violation of this chapter or implementing rules shall be contraband and subject to seizure under the provisions of RCW 69.41.060.[ 1980 c 83 s 4.]
RCW 69.41.240 Rules—Labeling and marking.
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The commission shall have authority to promulgate rules and regulations for the enforcement and implementation of RCW 69.41.050 and 69.41.200 through 69.41.260.[ 2013 c 19 s 60; 1980 c 83 s 5.]
RCW 69.41.250 Exemptions.
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(1) The commission, upon application of a manufacturer, may exempt a particular legend drug from the requirements of RCW 69.41.050 and 69.41.200 through 69.41.260 on the grounds that imprinting is infeasible because of size, texture, or other unique characteristics.(2) The provis…
RCW 69.41.260 Manufacture or distribution for resale—Requirements.
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All legend drugs manufactured or distributed for resale to any entity in this state other than the ultimate consumer shall meet the requirements of RCW 69.41.050 and 69.41.200 through 69.41.260 from a date eighteen months after June 12, 1980.[ 1980 c 83 s 7.]
RCW 69.41.280 Confidentiality.
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All records, reports, and information obtained by the pharmacy quality assurance commission or its authorized representatives from or on behalf of a pharmaceutical manufacturer, representative of a manufacturer, wholesaler, pharmacy, or practitioner who purchases, dispenses, or d…
RCW 69.41.300 Definitions.
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For the purposes of RCW 69.41.300 through 69.41.350, "steroids" shall include the following:(1) "Anabolic steroids" means synthetic derivatives of testosterone or any isomer, ester, salt, or derivative that act in the same manner on the human body;(2) "Androgens" means testostero…
RCW 69.41.310 Rules.
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The pharmacy quality assurance commission shall specify by rule drugs to be classified as steroids as defined in RCW 69.41.300.On or before December 1 of each year, the commission shall inform the appropriate legislative committees of reference of the drugs that the commission ha…
RCW 69.41.320 Practitioners—Restricted use—Medical records.
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(1)(a) A practitioner shall not prescribe, administer, or dispense steroids, as defined in RCW 69.41.300, or any form of autotransfusion for the purpose of manipulating hormones to increase muscle mass, strength, or weight, or for the purpose of enhancing athletic ability, withou…
RCW 69.41.330 Public warnings—School districts.
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The superintendent of public instruction shall develop and distribute to all school districts signs of appropriate design and dimensions advising students of the health risks that steroids present when used solely to enhance athletic ability, and of the penalties for their unlawf…
RCW 69.41.340 Student athletes—Violations—Penalty.
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The superintendent of public instruction, in consultation with the Washington interscholastic activity association, shall promulgate rules by January 1, 1990, regarding loss of eligibility to participate in school-sponsored athletic events for any student athlete found to have vi…
RCW 69.41.350 Penalties.
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(1) A person who violates the provisions of this chapter by possessing under two hundred tablets or eight 2cc bottles of steroid without a valid prescription is guilty of a gross misdemeanor.(2) A person who violates the provisions of this chapter by possessing over two hundred t…
RCW 69.43.010 Report to pharmacy quality assurance commission—List of substances—Modification of list—Identification of purchasers—Report of transactions—Penalties.
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(1) A report to the pharmacy quality assurance commission shall be submitted in accordance with this chapter by a manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes to any person any of the following substances or their salts or isome…
RCW 69.43.020 Receipt of substance from source outside state—Report—Penalty.
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(1) Any manufacturer, wholesaler, retailer, or other person who receives from a source outside of this state any substance specified in RCW 69.43.010(1) shall submit a report of such transaction to the pharmacy quality assurance commission under rules adopted by the commission.(2…
RCW 69.43.030 Exemptions.
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RCW 69.43.010 and 69.43.020 do not apply to any of the following:(1) Any pharmacist or other authorized person who sells or furnishes a substance upon the prescription of a practitioner, as defined in chapter 69.41 RCW;(2) Any practitioner who administers or furnishes a substance…
RCW 69.43.035 Suspicious transactions—Report—Penalty.
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(1) Any manufacturer or wholesaler who sells, transfers, or otherwise furnishes any substance specified in RCW 69.43.010(1) to any person in a suspicious transaction shall report the transaction in writing to the pharmacy quality assurance commission.(2) Any person specified in s…
RCW 69.43.040 Reporting form.
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(1) The department of health, in accordance with rules developed by the pharmacy quality assurance commission shall provide a common reporting form for the substances in RCW 69.43.010 that contains at least the following information:(a) Name of the substance;(b) Quantity of the s…
RCW 69.43.043 Recordkeeping requirements—Penalty.
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(1) Any manufacturer or wholesaler who sells, transfers, or otherwise furnishes any substance specified in RCW 69.43.010(1) to any person shall maintain a record of each such sale or transfer. The records must contain:(a) The name of the substance;(b) The quantity of the substanc…
RCW 69.43.048 Reporting and recordkeeping requirements—Submission of computer readable data, copies of federal reports.
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A manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes any substance specified in RCW 69.43.010(1) and who is subject to the reporting or recordkeeping requirements of this chapter may satisfy the requirements by submitting to the pharm…
RCW 69.43.050 Rules.
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(1) The pharmacy quality assurance commission may adopt all rules necessary to carry out this chapter.(2) Notwithstanding subsection (1) of this section, the department of health may adopt rules necessary for the administration of this chapter.[ 2013 c 19 s 71; 1989 1st ex.s. c 9…
RCW 69.43.060 Theft—Missing quantity—Reporting.
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(1) The theft or loss of any substance under RCW 69.43.010 discovered by any person regulated by this chapter shall be reported to the pharmacy quality assurance commission within seven days after such discovery.(2) Any difference between the quantity of any substance under RCW 6…
RCW 69.43.070 Sale, transfer, or furnishing of substance for unlawful purpose—Receipt of substance with intent to use unlawfully—Class B felony.
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(1) Any manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes any substance listed in RCW 69.43.010 with knowledge or the intent that the recipient will use the substance unlawfully to manufacture a controlled substance under chapter 69.…
RCW 69.43.080 False statement in report or record—Class C felony.
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It is unlawful for any person knowingly to make a false statement in connection with any report or record required under this chapter. A violation of this section is a class C felony under chapter 9A.20 RCW.[ 1988 c 147 s 8.]
RCW 69.43.090 Permit to sell, transfer, furnish, or receive substance—Exemptions—Application for permit—Fee—Renewal—Penalty.
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(1) Any manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes any substance specified in RCW 69.43.010 to any person or who receives from a source outside of the state any substance specified in RCW 69.43.010 shall obtain a permit for th…
RCW 69.43.100 Action by the commission against permit.
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In addition to any other grounds, the pharmacy quality assurance commission may take action against a permit issued under this chapter upon proof that:(1) The permit was procured through fraud, misrepresentation, or deceit;(2) The permittee has violated or has permitted any emplo…
RCW 69.43.105 Ephedrine, pseudoephedrine, phenylpropanolamine—Sales restrictions—Record of transaction—Exceptions—Penalty.
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(1) For purposes of this section, "traditional Chinese herbal practitioner" means a person who is certified as a diplomate in Chinese herbology from the national certification commission for acupuncture and oriental medicine or who has received a certificate in Chinese herbology …
RCW 69.43.110 Ephedrine, pseudoephedrine, phenylpropanolamine—Sales restrictions—Electronic sales tracking system—Penalty.
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(1) It is unlawful for a pharmacy licensed by, or shopkeeper or itinerant vendor registered with, the department of health under chapter 18.64 RCW, or an employee thereof, or a practitioner as defined in RCW 18.64.011, knowingly to sell, transfer, or to otherwise furnish, in a si…
RCW 69.43.120 Ephedrine, pseudoephedrine, phenylpropanolamine—Possession of more than fifteen grams—Penalty—Exceptions.
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(1) Any person who possesses more than fifteen grams of ephedrine, pseudoephedrine, or phenylpropanolamine, their salts, isomers, or salts of isomers, or a combination of any of those substances, is guilty of a gross misdemeanor.(2) This section does not apply to any of the follo…
RCW 69.43.130 Exemptions—Pediatric products—Products exempted by the pharmacy quality assurance commission.
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RCW 69.43.110 and 69.43.120 do not apply to:(1) Pediatric products primarily intended for administration to children under twelve years of age, according to label instructions, either: (a) In solid dosage form whose individual dosage units do not exceed fifteen milligrams of ephe…
RCW 69.43.135 Iodine, methylsulfonylmethane—Sales restrictions—Recording of transactions—Penalties.
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(1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.(a) "Iodine matrix" means iodine at a concentration greater than two percent by weight in a matrix or solution.(b) "Matrix" means something, as a substance, in which…
RCW 69.43.140 Enforcement—Pharmacy quality assurance commission waiver.
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(1) Chapter 18.64 RCW governs the denial of permits and the discipline of permits issued under this chapter. The uniform disciplinary act, chapter 18.130 RCW, governs unlicensed practice of persons required to obtain a permit under this chapter.(2) The pharmacy quality assurance …
RCW 69.43.150 Application of chapter to local government.
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This chapter is applicable and uniform throughout this state and in all counties, cities, code cities, and towns therein. A county, city, code city, or town may not adopt or enforce any ordinance, pertaining to this chapter, which prohibits conduct that is not prohibited under th…
RCW 69.43.160 Ephedrine, pseudoephedrine, phenylpropanolamine—Methods to prevent sales violations—Department of health preparation of sign summarizing prohibitions.
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(1) To prevent violations of RCW 69.43.110, every licensee and registrant under chapter 18.64 RCW, who sells at retail any products containing ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers, shall do either or may do both of the f…
RCW 69.43.165 Ephedrine, pseudoephedrine, phenylpropanolamine—Electronic sales tracking system—Pharmacy quality assurance commission authority to adopt rules.
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(1) The pharmacy quality assurance commission shall implement a real-time electronic sales tracking system to monitor the nonprescription sale of products in this state containing any detectable quantity of ephedrine, pseudoephedrine, phenylpropanolamine, or their salts, isomers,…
RCW 69.43.168 Pharmacy, shopkeeper, or itinerant vendor—Electronic sales tracking system—Liability.
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A pharmacy, shopkeeper, or itinerant vendor participating in the electronic sales tracking system under RCW 69.43.110(4):(1) Is not liable for civil damages resulting from any act or omission in carrying out the requirements of RCW 69.43.110(4), other than an act or omission cons…
RCW 69.43.180 Expansion of log requirements—Petition by law enforcement.
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(1) The Washington association of sheriffs and police chiefs or the Washington state patrol may petition the pharmacy quality assurance commission to apply the log requirements in *RCW 69.43.170 to one or more products that contain ephedrine, pseudoephedrine, or phenylpropanolami…
RCW 69.43.190 Products found at methamphetamine sites—Report.
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Each county sheriff shall compile and maintain a record of commercial products containing ephedrine, pseudoephedrine, or phenylpropanolamine and packaging found at methamphetamine laboratory sites. The data shall be forwarded to the Washington association of sheriffs and police c…
RCW 69.45.010 Definitions.
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The definitions in this section apply throughout this chapter.(1) "Commission" means the pharmacy quality assurance commission.(2) "Controlled substance" means a drug, substance, or immediate precursor of such drug or substance, so designated under or pursuant to chapter 69.50 RC…
RCW 69.45.020 Registration of manufacturers—Additional information required by the department.
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A manufacturer that intends to distribute drug samples in this state shall register annually with the department, providing the name and address of the manufacturer, and shall:(1) Provide a twenty-four hour telephone number and the name of the individual(s) who shall respond to r…
RCW 69.45.030 Records maintained by manufacturer—Report of loss or theft of drug samples—Reports of practitioners receiving controlled substance drug samples.
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(1) The following records shall be maintained by the manufacturer distributing drug samples in this state and shall be available for inspection by authorized representatives of the department based on reasonable cause and pursuant to an official investigation:(a) An inventory of …
RCW 69.45.040 Storage and transportation of drug samples—Disposal of samples which have exceeded their expiration dates.
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(1) Drug samples shall be stored in compliance with the requirements of federal and state laws, rules, and regulations.(2) Drug samples shall be maintained in a locked area to which access is limited to persons authorized by the manufacturer.(3) Drug samples shall be stored and t…
RCW 69.45.050 Distribution of drug samples—Written request—No fee or charge permitted—Possession of legend drugs or controlled substances by manufacturers' representatives.
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(1) Drug samples may be distributed by a manufacturer or a manufacturer's representative only to practitioners legally authorized to prescribe such drugs or, at the request of such practitioner, to pharmacies of hospitals or other health care entities. The recipient of the drug s…
RCW 69.45.060 Disposal of surplus, outdated, or damaged drug samples.
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Surplus, outdated, or damaged drug samples shall be disposed of as follows:(1) Returned to the manufacturer; or(2) Witnessed destruction by such means as to assure that the drug cannot be retrieved. However, controlled substances shall be returned to the manufacturer or disposed …