Chapter 10.36
LEGEND DRUGS
Sections:
10.36.020 Legend drug—Possession without prescription—Prohibited—Exceptions.
10.36.030 Legend drug—Labeling requirements.
10.36.010 Definitions.
As used in this chapter:
A. “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.
B. “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.
C. “Dispenser” means a practitioner who dispenses.
D. “Drug” means:
1. 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;
2. Substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or animals;
3. Substances (other than food, minerals or vitamins) intended to affect the structure or any function of the body of man or animals; and
4. Substances intended for use as a component of any article specified in subdivisions 1, 2 and 3 of this subsection. It does not include devices or their components, parts, or accessories.
E. “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.
F. “Practitioner” means:
1. A physician under RCW Chapter 18.71, an osteopathic physician or an osteopathic physician and surgeon under RCW Chapter 18.57, a dentist under RCW Chapter 18.32, a podiatrist under RCW Chapter 18.22, a veterinarian under RCW Chapter 18.92, a registered nurse under RCW Chapter 18.88, a licensed practical nurse under RCW Chapter 18.78, an osteopathic physician’s assistant under RCW Chapter 18.57A, or a physician’s assistant under RCW Chapter 18.71A, or a pharmacist under RCW Chapter 18.64;
2. 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
3. A physician licensed to practice medicine and surgery or a physician licensed to practice osteopathy and surgery in any state, or province of Canada, which shares a common border with the state of Washington. (Ord. 1145-85 § 107, 1985)
10.36.020 Legend drug—Possession without prescription—Prohibited—Exceptions.
A. It is unlawful for any person to possess any legend drug except upon the order or prescription of a physician under RCW Chapter 18.71, an osteopathic physician or an osteopathic physician and surgeon under RCW Chapter 18.57, a dentist under RCW Chapter 18.32, a podiatrist under RCW Chapter 18.22, a veterinarian under RCW Chapter 18.92, a commissioned medical or dental officer in the United States armed forces, marine hospital service, or public health service in the discharge of his official duties, a duly licensed physician or dentist employed by the veterans administration in the discharge of his official duties, a registered nurse under RCW Chapter 18.88 when authorized by the board of nursing, an osteopathic physician’s assistant under RCW Chapter 18.57A when authorized by the committee of osteopathic examiners, a physician’s assistant under RCW Chapter 18.71A when authorized by the board of medical examiners, or a physician licensed to practice medicine and surgery or a physician licensed to practice osteopathy and surgery in any state or province of Canada which shares a common border with the state of Washington; provided, however, that the above provisions shall not apply to sale, delivery, or possession by drug wholesalers or drug manufacturers, or their agents or employees, or to any practitioner acting within the scope of his license, or to a common or contract carrier or warehouseman, or any employee thereof, whose possession of any legend drug is in the usual course of business or employment; provided, further, that nothing in this chapter or RCW 18.64 shall prevent a family planning clinic that is under contract with the department of social and health services from selling, delivering, possessing, and dispensing commercially prepackaged oral contraceptives prescribed by authorized, licensed health care practitioners.
B. Any person who violates this section shall be guilty of a misdemeanor. (Ord. 1145-85 § 108, 1985)
10.36.030 Legend drug—Labeling requirements.
A. To every box, bottle, jar, tube or other container of a legend drug, which is dispensed by a practitioner authorized to prescribe legend drugs, there shall be affixed a label bearing the name of the prescriber, complete directions for use, the name of the drug either by the brand or generic name and strength per unit dose, name of patient and date; provided, that the practitioner may omit the name and dosage of the drug if he determines that his patient should not have this information and that, if the drug dispensed is a trial sample in its original package and which is labeled in accordance with federal law or regulation, there need be set forth additionally only the name of the issuing practitioner and the name of the patient.
B. Any person who violates this section shall be guilty of a misdemeanor. (Ord. 1145-85 § 109, 1985)