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69.41.075 | Rules—Availability of lists of drugs. | The pharmacy quality assurance commission may make such rules for the enforcement of this chapter as are deemed necessary or advisable. The commission shall identify, by rule-making pursuant to chapter 34.05 RCW, those drugs which may be dispensed only on prescription or are restricted to use by practitioners, only. In... |
69.41.080 | Animal control—Rules for possession and use of legend drugs. | Humane societies and animal control agencies registered with the commission under chapter 69.50 RCW and authorized to euthanize animals may purchase, possess, and administer approved legend drugs for the sole purpose of sedating animals prior to euthanasia, when necessary, and for use in chemical capture programs. For ... |
69.41.085 | Medication assistance—Community-based care setting. | Individuals residing in community-based care settings, such as adult family homes, assisted living facilities, and residential care settings for individuals with developmental disabilities, including an individual's home, may receive medication assistance. Nothing in this chapter affects the right of an individual to r... |
69.41.095 | Opioid overdose reversal medication—Standing order permitted. | (1)(a) A practitioner may prescribe, dispense, distribute, and deliver an opioid overdose reversal medication: (i) Directly to a person at risk of experiencing an opioid-related overdose; or (ii) by prescription, collaborative drug therapy agreement, standing order, or protocol to a first responder, family member, or o... |
69.41.100 | Legislative recognition and declaration. | The legislature recognizes the responsibility of the state to insure that the citizens of the state are offered a choice between generic drugs and brand name drugs and the benefit of quality pharmaceutical products at competitive prices. Advances in the drug industry resulting from research and the elimination of count... |
69.41.110 | Definitions. | As used in RCW 69.41.100 through 69.41.180 , the following words shall have the following meanings: (1) "Biological product" means any of the following, when applied to the prevention, treatment, or cure of a disease or condition of human beings: (a) A virus; (b) a therapeutic serum; (c) a toxin; (d) an antitoxin; (e) ... |
69.41.120 | Prescriptions to contain instruction as to whether or not a therapeutically equivalent generic drug or interchangeable biological product may be substituted—Out-of-state prescriptions—Form—Contents—Procedure. | (1) Every drug prescription shall contain an instruction on whether or not a therapeutically equivalent generic drug or interchangeable biological product may be substituted in its place, unless substitution is permitted under a prior-consent authorization. If a written prescription is involved, the prescription must b... |
69.41.125 | Interchangeable biological product may be substituted for biological product—Exception—Wholesale price less. | Unless the prescribed biological product is requested by the patient or the patient's representative, if "substitution permitted" is marked on the prescription as provided in RCW 69.41.120 , the pharmacist must substitute an interchangeable biological product that he or she has in stock for the biological product presc... |
69.41.130 | Savings in price to be passed on to purchaser. | Unless the brand name drug is requested by the patient or the patient's representative, the pharmacist shall substitute an equivalent drug product which he or she has in stock if its wholesale price to the pharmacist is less than the wholesale price of the prescribed drug product, and at least sixty percent of the savi... |
69.41.140 | Minimum manufacturing standards and practices. | A pharmacist may not substitute a product under the provisions of this section unless the manufacturer has shown that the drug has been manufactured with the following minimum good manufacturing standards and practices: (1) Maintain quality control standards equal to those of the Food and Drug Administration; (2) Compl... |
69.41.150 | Liability of practitioner, pharmacist. | (1) A practitioner who authorizes a prescribed drug shall not be liable for any side effects or adverse reactions caused by the manner or method by which a substituted drug product is selected or dispensed. (2) A pharmacist who substitutes a therapeutically equivalent drug product pursuant to RCW 69.41.100 through 69.4... |
69.41.160 | Pharmacy signs as to substitution for prescribed drugs. | 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 doctor. Such substitution, however, may on... |
69.41.170 | Coercion of pharmacist prohibited—Penalty. | 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 .] |
69.41.180 | Rules. | 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 which, when adopted, shall be provided... |
69.41.190 | Preferred drug substitution—Exceptions—Notice—Limited restrictions. | (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, unless the endorsing practitioner has in... |
69.41.196 | List of interchangeable biological products—Pharmacy quality assurance commission to maintain link on website. | 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 therapeutically equivalent by the federal f... |
69.41.200 | Requirements for identification of legend drugs—Marking. | (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 manufacturer or distributor of such dru... |
69.41.210 | Definitions. | 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 drug under its own label even though i... |
69.41.220 | Published lists of drug imprints—Requirements for. | 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 change with the department. This information ... |
69.41.230 | Drugs in violation are contraband. | 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 .] |
69.41.240 | Rules—Labeling and marking. | 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 .] |
69.41.250 | Exemptions. | (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 provisions of RCW 69.41.050 and 69.41.200 thr... |
69.41.260 | Manufacture or distribution for resale—Requirements. | 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 .] |
69.41.280 | Confidentiality. | 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 distributes legend drugs under this chapt... |
69.41.300 | Definitions. | 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 testosterone in one of its forms or a derivativ... |
69.41.310 | Rules. | 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 has added to the steroids in RCW 69.41.3... |
69.41.320 | Practitioners—Restricted use—Medical records. | (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, without a medical necessity to do so. (b) A p... |
69.41.330 | Public warnings—School districts. | 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 unlawful possession provided by RCW 69.41.300 ... |
69.41.340 | Student athletes—Violations—Penalty. | 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 violated this chapter. The regents or trus... |
69.41.350 | Penalties. | (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 tablets or eight 2cc bottles of steroid ... |
69.43.010 | Report to pharmacy quality assurance commission—List of substances—Modification of list—Identification of purchasers—Report of transactions—Penalties. | (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 isomers: (a) Anthranilic acid; (b) Barbituric... |
69.43.020 | Receipt of substance from source outside state—Report—Penalty. | (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) Any person specified in subsection (... |
69.43.030 | Exemptions. | 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 to his or her patients; (3) Any manuf... |
69.43.035 | Suspicious transactions—Report—Penalty. | (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 subsection (1) of this section who does... |
69.43.040 | Reporting form. | (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 substance sold, transferred, or furnish... |
69.43.043 | Recordkeeping requirements—Penalty. | (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 substance sold, transferred, or furnished; (c... |
69.43.048 | Reporting and recordkeeping requirements—Submission of computer readable data, copies of federal reports. | 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 pharmacy quality assurance commission, and i... |
69.43.050 | Rules. | (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 s 442 ; 1988 c 147 s 5 .]
Effective ... |
69.43.060 | Theft—Missing quantity—Reporting. | (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 69.43.010 received and the quantity ship... |
69.43.070 | Sale, transfer, or furnishing of substance for unlawful purpose—Receipt of substance with intent to use unlawfully—Class B felony. | (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 69.50 RCW is guilty of a class B felony und... |
69.43.080 | False statement in report or record—Class C felony. | 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 .] |
69.43.090 | Permit to sell, transfer, furnish, or receive substance—Exemptions—Application for permit—Fee—Renewal—Penalty. | (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 the conduct of that business from the phar... |
69.43.100 | Action by the commission against permit. | 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 employee to violate any of the laws of this... |
69.43.105 | Ephedrine, pseudoephedrine, phenylpropanolamine—Sales restrictions—Record of transaction—Exceptions—Penalty. | (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 from a school accredited by the accredit... |
69.43.110 | Ephedrine, pseudoephedrine, phenylpropanolamine—Sales restrictions—Electronic sales tracking system—Penalty. | (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 single transaction a total of more than 3... |
69.43.120 | Ephedrine, pseudoephedrine, phenylpropanolamine—Possession of more than fifteen grams—Penalty—Exceptions. | (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 following: (a) A pharmacist or other authori... |
69.43.130 | Exemptions—Pediatric products—Products exempted by the pharmacy quality assurance commission. | 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 ephedrine, pseudoephedrine, or phenylpropan... |
69.43.135 | Iodine, methylsulfonylmethane—Sales restrictions—Recording of transactions—Penalties.(Effective until June 30, 2027.) | (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 something else originates, develops, ... |
69.43.140 | Enforcement—Pharmacy quality assurance commission waiver. | (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 commission may waive action taken under... |
69.43.150 | Application of chapter to local government. | 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 this chapter, or defining violations or pe... |
69.43.160 | Ephedrine, pseudoephedrine, phenylpropanolamine—Methods to prevent sales violations—Department of health preparation of sign summarizing prohibitions. | (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 following: (a) Program scanners, cash re... |
69.43.165 | Ephedrine, pseudoephedrine, phenylpropanolamine—Electronic sales tracking system—Pharmacy quality assurance commission authority to adopt rules. | (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, or salts of isomers, provided that the ... |
69.43.168 | Pharmacy, shopkeeper, or itinerant vendor—Electronic sales tracking system—Liability. | 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 constituting gross negligence or willful ... |
69.43.180 | Expansion of log requirements—Petition by law enforcement. | (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 phenylpropanolamine, or their salts, isomers, or salts of... |
69.43.190 | Products found at methamphetamine sites—Report. | 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 chiefs and shall be reported to the legis... |
69.45.010 | Definitions.(Effective until June 30, 2027.) | 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 RCW, the uniform controlled substances a... |
69.45.020 | Registration of manufacturers—Additional information required by the department. | 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 reasonable official inquiries from the d... |
69.45.030 | Records maintained by manufacturer—Report of loss or theft of drug samples—Reports of practitioners receiving controlled substance drug samples. | (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 drug samples held in this state for dis... |
69.45.040 | Storage and transportation of drug samples—Disposal of samples which have exceeded their expiration dates. | (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 transported in such a manner as to be f... |
69.45.050 | Distribution of drug samples—Written request—No fee or charge permitted—Possession of legend drugs or controlled substances by manufacturers' representatives. | (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 sample must execute a written receipt upo... |
69.45.060 | Disposal of surplus, outdated, or damaged drug samples. | 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 of in accordance with rules adopted by... |
69.45.070 | Registration fees—Penalty. | The department may charge reasonable fees for registration. The registration fee shall not exceed the fee charged by the department for a pharmacy location license. If the registration fee is not paid on or before the date due, a renewal or new registration may be issued only upon payment of the registration renewal fe... |
69.45.080 | Violations of chapter—Manufacturer's liability—Enforcement—Seizure of drug samples. | (1) The manufacturer is responsible for the actions and conduct of its representatives with regard to drug samples. (2) Chapter 18.64 RCW governs the denial of licenses and the discipline of persons registered under this chapter. (3) Specific drug samples which are distributed in this state in violation of this chapter... |
69.45.085 | Uniform disciplinary act. | The uniform disciplinary act, chapter 18.130 RCW, governs unlicensed practice of persons required to obtain a registration under this chapter.
[ 2024 c 121 s 42 .] |
69.45.090 | Confidentiality. | All records, reports, and information obtained by the commission from or on behalf of a manufacturer or manufacturer's representative under this chapter are confidential and exempt from public inspection and copying under chapter 42.56 RCW. This section does not apply to public disclosure of the identity of persons fou... |
69.48.010 | Findings. | (1) Abuse, fatal overdoses, and poisonings from prescription and over-the-counter medicines used in the home have emerged as an epidemic in recent years. Poisoning is the leading cause of unintentional injury-related death in Washington, and more than ninety percent of poisoning deaths are due to drug overdoses. Poison... |
69.48.020 | Definitions. | The definitions in this section apply throughout this chapter 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 the patient or research subject by: (a) A practitioner; or (b) The p... |
69.48.030 | Requirement to participate in a drug take-back program. | A covered manufacturer must establish and implement a drug take-back program that complies with the requirements of this chapter. A manufacturer that becomes a covered manufacturer after June 7, 2018, must, no later than six months after the date on which the manufacturer became a covered manufacturer, participate in a... |
69.48.040 | Identification of covered manufacturers. | (1) No later than ninety days after June 7, 2018, a drug wholesaler that sells a drug in or into Washington must provide a list of drug manufacturers to the department in a form agreed upon with the department. A drug wholesaler must provide an updated list to the department on January 15th of each year. (2) No later t... |
69.48.050 | Drug take-back program approval—Program modifications. | (1) By July 1, 2019, a program operator must submit a proposal for the establishment and implementation of a drug take-back program to the department for approval. Proposals from new entities seeking to become a program operator after July 1, 2019, may be submitted as provided in subsection (7) of this section. The dep... |
69.48.060 | Collection system. | (1)(a) At least one hundred twenty days prior to submitting a proposal under RCW 69.48.050 , a program operator must notify potential authorized collectors of the opportunity to serve as an authorized collector for the proposed drug take-back program. A program operator must commence good faith negotiations with a pote... |
69.48.070 | Drug take-back program promotion. | (1) A drug take-back program must develop and provide a system of promotion, education, and public outreach about the safe storage and secure collection of covered drugs. This system may include signage, written materials to be provided at the time of purchase or delivery of covered drugs, and advertising or other prom... |
69.48.080 | Disposal and handling of covered drugs. | (1) Covered drugs collected under a drug take-back program must be disposed of at a permitted hazardous waste disposal facility that meets the requirements of 40 C.F.R. parts 264 and 265, as they exist on June 7, 2018. (2) If use of a hazardous waste disposal facility described in subsection (1) of this section is unfe... |
69.48.090 | Program funding. | (1) A covered manufacturer or group of covered manufacturers must pay all administrative and operational costs associated with establishing and implementing the drug take-back program in which they participate. Such administrative and operational costs include, but are not limited to: Collection and transportation supp... |
69.48.100 | Annual program report. | (1) By July 1st after the first full year of implementation, and each July 1st thereafter, a program operator must submit to the department a report describing implementation of the drug take-back program during the previous calendar year. The report must include: (a) A list of covered manufacturers participating in th... |
69.48.110 | Enforcement and penalties. | (1) The department may audit or inspect the activities and records of a drug take-back program to determine compliance with this chapter, rules adopted under this chapter, or investigate a complaint. Drug take-back programs must fully cooperate with the department during an audit, inspection, or investigation. (2)(a) T... |
69.48.120 | Department to set program fees. | (1)(a) The department shall set fees including, but not limited to, an annual operating fee, a fee for proposal review, and the survey required under RCW 69.48.200 , at a level sufficient to cover the costs associated with administration, oversight, and enforcement; and adopt rules establishing requirements for program... |
69.48.130 | Secure drug take-back program account. | The secure drug take-back program account is created in the state treasury. All receipts received by the department under this chapter must be deposited in the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used by the department only for administering and enf... |
69.48.140 | Antitrust immunity. | The activities authorized by this chapter require collaboration among covered manufacturers. These activities will enable safe and secure collection and disposal of covered drugs in Washington state and are therefore in the best interest of the public. The benefits of collaboration, together with active state supervisi... |
69.48.150 | Federal law, effect on this chapter. | This chapter is void if a federal law, or a combination of federal laws, takes effect that establishes a national program for the collection of covered drugs that substantially meets the intent of this chapter, including the creation of a funding mechanism for collection, transportation, and proper disposal of all cove... |
69.48.160 | Local ordinances—Grandfathering—Preemption. | (1)(a) For a period of twelve months after a drug take-back program approved under RCW 69.48.050 begins operating, a county may enforce a grandfathered ordinance. During that twelve-month period, if a county determines that a covered manufacturer is in compliance with its grandfathered ordinance, the department shall f... |
69.48.170 | Public disclosure. | Proprietary information submitted to the department under this chapter is exempt from public disclosure under RCW 42.56.270 . The department may use and disclose such information in summary or aggregated form that does not directly or indirectly identify financial, production, or sales data of an individual covered man... |
69.48.180 | Rule making. | The department shall adopt any rules necessary to implement and enforce this chapter.
[ 2018 c 196 s 18 .]
Sunset Act application: See note following chapter digest. |
69.48.190 | Report to legislature. | (1) No later than thirty days after the department first approves a drug take-back program under RCW 69.48.050 , the department shall submit an update to the legislature describing rules adopted under this chapter and the approved drug take-back program. (2) By November 15th after the first full year of operation of an... |
69.48.200 | Survey.(Expires July 1, 2026.) | (1)(a) The department shall contract with the statewide program of poison and drug information services identified in RCW 18.76.030 to conduct a survey of residents to measure whether the secure medicine collection and disposal system and the program promotion, education, and public outreach requirements established in... |
69.50.101 | Definitions.(Effective until June 30, 2027.) | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Administer" means to apply a controlled substance, whether by injection, inhalation, ingestion, or any other means, directly to the body of a patient or research subject by: (a) a practitioner authorized to... |
69.50.102 | Drug paraphernalia—Definitions. | (a) [(1)] As used in this chapter, "drug paraphernalia" means all equipment, products, and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing,... |
69.50.201 | Enforcement of chapter—Authority to change schedules of controlled substances. | (a) [(1)] The commission shall enforce this chapter and may add substances to or delete or reschedule substances listed in RCW 69.50.204 , 69.50.206 , 69.50.208 , 69.50.210 , or 69.50.212 pursuant to the procedures of chapter 34.05 RCW. (1) [(a)] In making a determination regarding a substance, the commission shall con... |
69.50.202 | Nomenclature. | The controlled substances listed or to be listed in the schedules in RCW 69.50.204 , 69.50.206 , 69.50.208 , 69.50.210 , and 69.50.212 are included by whatever official, common, usual, chemical, or trade name designated.
[ 1971 ex.s. c 308 s 69.50.202 .] |
69.50.203 | Schedule I tests. | (a) [(1)] The commission shall place a substance in Schedule I upon finding that the substance: (1) [(a)] has high potential for abuse; (2) [(b)] has no currently accepted medical use in treatment in the United States; and (3) [(c)] lacks accepted safety for use in treatment under medical supervision. (b) [(2)] The com... |
69.50.204 | Schedule I. | Unless specifically excepted by state or federal law or regulation or more specifically included in another schedule, the following controlled substances are listed in Schedule I: (a) [(1)] Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers whenever th... |
69.50.205 | Schedule II tests. | (a) [(1)] The commission shall place a substance in Schedule II upon finding that: (1) [(a)] the substance has high potential for abuse; (2) [(b)] the substance has currently accepted medical use in treatment in the United States, or currently accepted medical use with severe restrictions; and (3) [(c)] the abuse of th... |
69.50.206 | Schedule II. | (a) [(1)] The drugs and other substances listed in this section, by whatever official name, common or usual name, chemical name, or brand name designated, are included in Schedule II. (b) [(2)] Substances. (Vegetable origin or chemical synthesis.) Unless specifically excepted, any of the following substances, except th... |
69.50.207 | Schedule III tests. | (a) [(1)] The commission shall place a substance in Schedule III upon finding that: (1) [(a)] the substance has a potential for abuse less than the substances included in Schedules I and II; (2) [(b)] the substance has currently accepted medical use in treatment in the United States; and (3) [(c)] abuse of the substanc... |
69.50.208 | Schedule III. | Unless specifically excepted by state or federal law or regulation or more specifically included in another schedule, the following controlled substances are listed in Schedule III: (a) [(1)] Stimulants. Any material, compound, mixture, or preparation containing any quantity of the following substances having a stimula... |
69.50.209 | Schedule IV tests. | (a) [(1)] The commission shall place a substance in Schedule IV upon finding that: (1) [(a)] the substance has a low potential for abuse relative to substances in Schedule III; (2) [(b)] the substance has currently accepted medical use in treatment in the United States; and (3) [(c)] abuse of the substance may lead to ... |
69.50.210 | Schedule IV. | Unless specifically excepted by state or federal law or regulation or more specifically included in another schedule, the following controlled substances are listed in Schedule IV: (a) [(1)] Any material, compound, mixture, or preparation containing any of the following narcotic drugs, or their salts calculated as the ... |
69.50.211 | Schedule V tests. | (a) [(1)] The commission shall place a substance in Schedule V upon finding that: (1) [(a)] the substance has low potential for abuse relative to the controlled substances included in Schedule IV; (2) [(b)] the substance has currently accepted medical use in treatment in the United States; and (3) [(c)] abuse of the su... |
69.50.212 | Schedule V. | Unless specifically excepted by state or federal law or regulation or more specifically included in another schedule, the following controlled substances are listed in Schedule V: (a) [(1)] Any compound, mixture, or preparation containing any of the following narcotic drugs, or their salts calculated as the free anhydr... |
69.50.213 | Republishing of schedules. | The commission shall publish updated schedules annually. Failure to publish updated schedules is not a defense in any administrative or judicial proceeding under this chapter.
[ 2013 c 19 s 95 ; 1993 c 187 s 13 ; 1971 ex.s. c 308 s 69.50.213 .] |
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