title: RCW 69.51A.230

text:
(1) The department must contract with an entity to create, administer, and maintain a secure and confidential medical cannabis authorization database that allows:
(a) A cannabis retailer with a medical cannabis endorsement to add a qualifying patient or designated provider and include the amount of cannabis concentrates, useable cannabis, cannabis-infused products, or plants for which the qualifying patient is authorized under RCW 69.51A.210;
(b) Persons authorized to prescribe or dispense controlled substances to access health care information on their patients for the purpose of providing medical or pharmaceutical care for their patients;
(c) A qualifying patient or designated provider to request and receive his or her own health care information or information on any person or entity that has queried their name or information;
(d) Appropriate local, state, tribal, and federal law enforcement or prosecutorial officials who are engaged in a bona fide specific investigation of suspected cannabis-related activity that may be illegal under Washington state law to confirm the validity of the recognition card of a qualifying patient or designated provider;
(e) A cannabis retailer holding a medical cannabis endorsement to confirm the validity of the recognition card of a qualifying patient or designated provider;
(f) The department of revenue to verify tax exemptions under chapters 82.08 and 82.12 RCW;
(g) The liquor and cannabis board to verify excise tax exemptions under RCW 69.50.535;
(h) The department and the health care professional's disciplining authorities to monitor authorizations and ensure compliance with this chapter and chapter 18.130 RCW by their licensees; and
(i) Authorizations to expire six months or one year after entry into the medical cannabis authorization database, depending on whether the authorization is for a minor or an adult.
(2) A qualifying patient and his or her designated provider, if any, may be placed in the medical cannabis authorization database at a cannabis retailer with a medical cannabis endorsement. After a qualifying patient or designated provider is placed in the medical cannabis authorization database, he or she must be provided with a recognition card that contains identifiers required in subsection (3) of this section.
(3) The recognition card requirements must be developed by the department in rule and include:
(a) A randomly generated and unique identifying number;
(b) For designated providers, the unique identifying number of the qualifying patient whom the provider is assisting;
(c) A photograph of the qualifying patient's or designated provider's face taken by an employee of the cannabis retailer with a medical cannabis endorsement at the same time that the qualifying patient or designated provider is being placed in the medical cannabis authorization database in accordance with rules adopted by the department;
(d) The amount of cannabis concentrates, useable cannabis, cannabis-infused products, or plants for which the qualifying patient is authorized under RCW 69.51A.210;
(e) The effective date and expiration date of the recognition card;
(f) The name of the health care professional who authorized the qualifying patient or designated provider; and
(g) For the recognition card, additional security features as necessary to ensure its validity.
(4)(a) For qualifying patients who are eighteen years of age or older and their designated providers, recognition cards are valid for one year from the date the health care professional issued the authorization. For qualifying patients who are under the age of eighteen and their designated providers, recognition cards are valid for six months from the date the health care professional issued the authorization. Qualifying patients may not be reentered into the medical cannabis authorization database until they have been reexamined by a health care professional and determined to meet the definition of qualifying patient. After reexamination, a cannabis retailer with a medical cannabis endorsement must reenter the qualifying patient or designated provider into the medical cannabis authorization database and a new recognition card will then be issued in accordance with department rules.
(b) A qualifying patient's registration in the medical cannabis authorization database and his or her recognition card may be renewed by a qualifying patient's designated provider without the physical presence of the qualifying patient at the retailer if the authorization from the health care professional indicates that the qualifying patient qualifies for a compassionate care renewal, as provided in RCW 69.51A.030. A qualifying patient receiving renewals under the compassionate care renewal provisions is exempt from the photograph requirements under subsection (3)(c) of this section.
(5) If a recognition card is lost or stolen, a cannabis retailer with a medical cannabis endorsement, in conjunction with the database administrator, may issue a new card that will be valid for six months to one year if the patient is reexamined by a health care professional and determined to meet the definition of qualifying patient and depending on whether the patient is under the age of eighteen or eighteen years of age or older as provided in subsection (4) of this section. If a reexamination is not performed, the expiration date of the replacement recognition card must be the same as the lost or stolen recognition card.
(6) The database administrator must remove qualifying patients and designated providers from the medical cannabis authorization database upon expiration of the recognition card. Qualifying patients and designated providers may request to remove themselves from the medical cannabis authorization database before expiration of a recognition card and health care professionals may request to remove qualifying patients and designated providers from the medical cannabis authorization database if the patient or provider no longer qualifies for the medical use of cannabis. The database administrator must retain database records for at least five calendar years to permit the state liquor and cannabis board and the department of revenue to verify eligibility for tax exemptions.
(7) During development of the medical cannabis authorization database, the database administrator must consult with the department, stakeholders, and persons with relevant expertise to include, but not be limited to, qualifying patients, designated providers, health care professionals, state and local law enforcement agencies, and the University of Washington computer science and engineering security and privacy research lab or a certified cybersecurity firm, vendor, or service.
(8) The medical cannabis authorization database must meet the following requirements:
(a) Any personally identifiable information included in the database must be nonreversible, pursuant to definitions and standards set forth by the national institute of standards and technology;
(b) Any personally identifiable information included in the database must not be susceptible to linkage by use of data external to the database;
(c) The database must incorporate current best differential privacy practices, allowing for maximum accuracy of database queries while minimizing the chances of identifying the personally identifiable information included therein; and
(d) The database must be upgradable and updated in a timely fashion to keep current with state of the art privacy and security standards and practices.
(9)(a) Personally identifiable information of qualifying patients and designated providers included in the medical cannabis authorization database is confidential and exempt from public disclosure, inspection, or copying under chapter 42.56 RCW.
(b) Information contained in the medical cannabis authorization database may be released in aggregate form, with all personally identifiable information redacted, for the purpose of statistical analysis and oversight of agency performance and actions.
(c) Information contained in the medical cannabis authorization database shall not be shared with the federal government or its agents unless the particular qualifying patient or designated provider is convicted in state court for violating this chapter or chapter 69.50 RCW.
(10) The department must charge a one dollar fee for each initial and renewal recognition card issued by a cannabis retailer with a medical cannabis endorsement. The cannabis retailer with a medical cannabis endorsement shall collect the fee from the qualifying patient or designated provider at the time that he or she is entered into the database and issued a recognition card. The department shall establish a schedule for cannabis retailers with a medical cannabis endorsement to remit the fees collected. Fees collected under this subsection shall be deposited into the dedicated cannabis account created under RCW 69.50.530.
(11) If the database administrator fails to comply with this section, the department may cancel any contracts with the database administrator and contract with another database administrator to continue administration of the database. A database administrator who fails to comply with this section is subject to a fine of up to five thousand dollars in addition to any penalties established in the contract. Fines collected under this section must be deposited into the dedicated cannabis account created under RCW 69.50.530.
(12) The department may adopt rules to implement this section.
[ 2025 c 399 s 8; 2025 c 59 s 1; 2022 c 16 s 127. Prior: 2019 c 220 s 2; 2019 c 203 s 2; 2015 c 70 s 21.]
Notes:
Reviser's note: This section was amended by 2025 c 59 s 1 and by 2025 c 399 s 8, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective dates—2025 c 399 ss 1-13, 15, and 17: See note following RCW 72.09.092.
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Effective date—2019 c 220: See note following RCW 43.70.320.
Effective date—2015 c 70 ss 21, 22, 32, and 33: "Sections 21, 22, 32, and 33 of this act are necessary for the immediate preservation of the public health, or safety, or support of the state government and its existing public institutions, and take effect immediately [April 24, 2015]." [ 2015 c 70 s 51.]
Short title—Findings—Intent—References to Washington state liquor control board—Draft legislation—2015 c 70: See notes following RCW 66.08.012.

catchline: Medical cannabis authorization database—Recognition cards.


doc_type: statute

jurisdiction: wa

title: RCW 69.51A.235

text:
The compassionate care renewals permitted in RCW 69.51A.030 and 69.51A.230 take effect November 1, 2019. The department may adopt rules to implement these renewals and to streamline administrative functions. However, the policy established in these sections may not be delayed until the rules are adopted.
[ 2019 c 203 s 3.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Compassionate care renewals—Rules—Effective date.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 69.51A.240

text:
(1) It is unlawful for a person to knowingly or intentionally:
(a) Access the medical cannabis authorization database for any reason not authorized under RCW 69.51A.230;
(b) Disclose any information received from the medical cannabis authorization database in violation of RCW 69.51A.230 including, but not limited to, qualifying patient or designated provider names, addresses, or amount of cannabis for which they are authorized;
(c) Produce a recognition card or to tamper with a recognition card for the purpose of having it accepted by a cannabis retailer holding a medical cannabis endorsement in order to purchase cannabis as a qualifying patient or designated provider or to grow cannabis plants in accordance with this chapter;
(d) If a person is a designated provider to a qualifying patient, sell, donate, or supply cannabis produced or obtained for the qualifying patient to another person, or use the cannabis produced or obtained for the qualifying patient for the designated provider's own personal use or benefit; or
(e) If the person is a qualifying patient, sell, donate, or otherwise supply cannabis produced or obtained by the qualifying patient to another person.
(2) A person who violates this section is guilty of a class C felony.
[ 2022 c 16 s 128; 2015 c 70 s 23.]
Notes:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Effective date—2015 c 70 ss 12, 19, 20, 23-26, 31, 35, 40, and 49: See note following RCW 69.50.357.
Short title—Findings—Intent—References to Washington state liquor control board—Draft legislation—2015 c 70: See notes following RCW 66.08.012.

catchline: Unlawful actions—Criminal penalty.


title: RCW 69.51A.250

text:
(1) Qualifying patients or designated providers may form a cooperative and share responsibility for acquiring and supplying the resources needed to produce and process cannabis only for the medical use of members of the cooperative. No more than four qualifying patients or designated providers may become members of a cooperative under this section and all members must hold valid recognition cards. All members of the cooperative must be at least twenty-one years old. The designated provider of a qualifying patient who is under twenty-one years old may be a member of a cooperative on the qualifying patient's behalf. All plants grown in the cooperative must be from an immature plant or clone purchased from a licensed cannabis producer as defined in RCW 69.50.101. Cooperatives may also purchase cannabis seeds from a licensed cannabis producer.
(2) Qualifying patients and designated providers who wish to form a cooperative must register the location with the state liquor and cannabis board and this is the only location where cooperative members may grow or process cannabis. This registration must include the names of all participating members and copies of each participant's recognition card. Only qualifying patients or designated providers registered with the state liquor and cannabis board in association with the location may participate in growing or receive useable cannabis or cannabis-infused products grown at that location.
(3) No cooperative may be located in any of the following areas:
(a) Within one mile of a cannabis retailer;
(b) Within the smaller of either:
(i) One thousand feet of the perimeter of the grounds of any elementary or secondary school, playground, recreation center or facility, child care center, public park, public transit center, library, or any game arcade that admission to which is not restricted to persons aged twenty-one years or older; or
(ii) The area restricted by ordinance, if the cooperative is located in a city, county, or town that has passed an ordinance pursuant to RCW 69.50.331(8); or
(c) Where prohibited by a city, town, or county zoning provision.
(4) The state liquor and cannabis board must deny the registration of any cooperative if the location does not comply with the requirements set forth in subsection (3) of this section.
(5) If a qualifying patient or designated provider no longer participates in growing at the location, he or she must notify the state liquor and cannabis board within fifteen days of the date the qualifying patient or designated provider ceases participation. The state liquor and cannabis board must remove his or her name from connection to the cooperative. Additional qualifying patients or designated providers may not join the cooperative until sixty days have passed since the date on which the last qualifying patient or designated provider notifies the state liquor and cannabis board that he or she no longer participates in that cooperative.
(6) Qualifying patients or designated providers who participate in a cooperative under this section:
(a) May grow up to the total amount of plants for which each participating member is authorized on their recognition cards, up to a maximum of sixty plants. At the location, the qualifying patients or designated providers may possess the amount of useable cannabis that can be produced with the number of plants permitted under this subsection, but no more than seventy-two ounces;
(b) May only participate in one cooperative;
(c) May only grow plants in the cooperative and if he or she grows plants in the cooperative may not grow plants elsewhere;
(d) Must provide assistance in growing plants. A monetary contribution or donation is not to be considered assistance under this section. Participants must provide nonmonetary resources and labor in order to participate; and
(e) May not sell, donate, or otherwise provide cannabis, cannabis concentrates, useable cannabis, or cannabis-infused products to a person who is not participating under this section.
(7) The location of the cooperative must be the domicile of one of the participants. Only one cooperative may be located per property tax parcel. A copy of each participant's recognition card must be kept at the location at all times.
(8) The state liquor and cannabis board may adopt rules to implement this section including:
(a) Any security requirements necessary to ensure the safety of the cooperative and to reduce the risk of diversion from the cooperative;
(b) A seed to sale traceability model that is similar to the seed to sale traceability model used by licensees that will allow the state liquor and cannabis board to track all cannabis grown in a cooperative.
(9) The state liquor and cannabis board or law enforcement may inspect a cooperative registered under this section to ensure members are in compliance with this section. The state liquor and cannabis board must adopt rules on reasonable inspection hours and reasons for inspections.
[ 2022 c 16 s 129; 2017 c 317 s 8; 2016 c 170 s 2; 2015 2nd sp.s. c 4 s 1001; 2015 c 70 s 26.]
Notes:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Findings—Application—2017 c 317: See notes following RCW 69.50.325.
Effective date—2016 c 170: See note following RCW 69.50.325.
Findings—Intent—Effective dates—2015 2nd sp.s. c 4: See notes following RCW 69.50.334.
Effective date—2015 c 70 ss 12, 19, 20, 23-26, 31, 35, 40, and 49: See note following RCW 69.50.357.
Short title—Findings—Intent—References to Washington state liquor control board—Draft legislation—2015 c 70: See notes following RCW 66.08.012.

catchline: Cooperatives—Qualifying patients or designated providers may form—Requirements—Restrictions on locations—State liquor and cannabis board may adopt rules.


title: RCW 69.51A.260

text:
(1) Notwithstanding any other provision of this chapter and even if multiple qualifying patients or designated providers reside in the same housing unit, no more than fifteen plants may be grown or located in any one housing unit other than a cooperative established pursuant to RCW 69.51A.250.
(2) Neither the production nor processing of cannabis or cannabis-infused products pursuant to this section nor the storage or growing of plants may occur if any portion of such activity can be readily seen by normal unaided vision or readily smelled from a public place or the private property of another housing unit.
(3) Cities, towns, counties, and other municipalities may create and enforce civil penalties, including abatement procedures, for the growing or processing of cannabis and for keeping cannabis plants beyond or otherwise not in compliance with this section.
[ 2022 c 16 s 130; 2015 c 70 s 27.]
Notes:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Short title—Findings—Intent—References to Washington state liquor control board—Draft legislation—2015 c 70: See notes following RCW 66.08.012.

catchline: Housing unit—No more than fifteen plants may be grown or located—Exception—Civil penalties.


title: RCW 69.51A.270

text:
(1) Once the state liquor and cannabis board adopts rules under subsection (2) of this section, qualifying patients or designated providers may only extract or separate the resin from cannabis or produce or process any form of cannabis concentrates or cannabis-infused products in accordance with those standards.
(2) The state liquor and cannabis board must adopt rules permitting qualifying patients and designated providers to extract or separate the resin from cannabis using noncombustable methods. The rules must provide the noncombustible methods permitted and any restrictions on this practice.
[ 2022 c 16 s 131; 2015 c 70 s 28.]
Notes:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Short title—Findings—Intent—References to Washington state liquor control board—Draft legislation—2015 c 70: See notes following RCW 66.08.012.

catchline: Extracting or separating cannabis resin, producing or processing any form of cannabis concentrates or cannabis-infused products—State liquor and cannabis board to adopt rules.


title: RCW 69.51A.280

text:
Neither this chapter nor chapter 69.50 RCW prohibits a health care professional from selling or donating topical, noningestible products that have a THC concentration of less than .3 percent to qualifying patients.
[ 2015 c 70 s 35.]
Notes:
Effective date—2015 c 70 ss 12, 19, 20, 23-26, 31, 35, 40, and 49: See note following RCW 69.50.357.
Short title—Findings—Intent—References to Washington state liquor control board—Draft legislation—2015 c 70: See notes following RCW 66.08.012.

catchline: Topical, ingestible products—THC concentration.


title: RCW 69.51A.290

text:
A medical cannabis consultant certificate is hereby established.
(1) In addition to any other authority provided by law, the secretary of the department may:
(a) Adopt rules, in accordance with chapter 34.05 RCW, necessary to implement this chapter;
(b) Establish forms and procedures necessary to administer this chapter;
(c) Approve training or education programs that meet the requirements of this section and any rules adopted to implement it;
(d) Receive criminal history record information that includes nonconviction information data for any purpose associated with initial certification or renewal of certification. The secretary shall require each applicant for initial certification to obtain a state or federal criminal history record information background check through the state patrol or the state patrol and the identification division of the federal bureau of investigation prior to the issuance of any certificate. The secretary shall specify those situations where a state background check is inadequate and an applicant must obtain an electronic fingerprint-based national background check through the state patrol and federal bureau of investigation. Situations where a background check is inadequate may include instances where an applicant has recently lived out-of-state or where the applicant has a criminal record in Washington;
(e) Establish administrative procedures, administrative requirements, and fees in accordance with RCW 43.70.110 and 43.70.250; and
(f) Maintain the official department record of all applicants and certificate holders.
(2) A training or education program approved by the secretary must include the following topics:
(a) The medical conditions that constitute terminal or debilitating conditions, and the symptoms of those conditions;
(b) Short and long-term effects of cannabinoids;
(c) Products that may benefit qualifying patients based on the patient's terminal or debilitating medical condition;
(d) Risks and benefits of various routes of administration;
(e) Safe handling and storage of useable cannabis, cannabis-infused products, and cannabis concentrates, including strategies to reduce access by minors;
(f) Demonstrated knowledge of this chapter and the rules adopted to implement it; and
(g) Other subjects deemed necessary and appropriate by the secretary to ensure medical cannabis consultant certificate holders are able to provide evidence-based and medically accurate advice on the medical use of cannabis.
(3) Medical cannabis consultant certificates are subject to annual renewals and continuing education requirements established by the secretary.
(4) The secretary shall have the power to refuse, suspend, or revoke the certificate of any medical cannabis consultant upon proof that:
(a) The certificate was procured through fraud, misrepresentation, or deceit;
(b) The certificate holder has committed acts in violation of subsection (6) of this section; or
(c) The certificate holder has violated or has permitted any employee or volunteer to violate any of the laws of this state relating to drugs or controlled substances or has been convicted of a felony.
In any case of the refusal, suspension, or revocation of a certificate by the secretary under the provisions of this chapter, appeal may be taken in accordance with chapter 34.05 RCW, the administrative procedure act.
(5) A medical cannabis consultant may provide the following services when acting as an owner, employee, or volunteer of a retail outlet licensed under RCW 69.50.354 and holding a medical cannabis endorsement under RCW 69.50.375:
(a) Assisting a customer with the selection of products sold at the retail outlet that may benefit the qualifying patient's terminal or debilitating medical condition;
(b) Describing the risks and benefits of products sold at the retail outlet;
(c) Describing the risks and benefits of methods of administration of products sold at the retail outlet;
(d) Advising a customer about the safe handling and storage of useable cannabis, cannabis-infused products, and cannabis concentrates, including strategies to reduce access by minors; and
(e) Providing instruction and demonstrations to customers about proper use and application of useable cannabis, cannabis-infused products, and cannabis concentrates.
(6) Nothing in this section authorizes a medical cannabis consultant to:
(a) Offer or undertake to diagnose or cure any human disease, ailment, injury, infirmity, deformity, pain, or other condition, physical or mental, real or imaginary, by use of cannabis or any other means or instrumentality; or
(b) Recommend or suggest modification or elimination of any course of treatment that does not involve the medical use of cannabis.
(7) Nothing in this section requires an owner, employee, or volunteer of a retail outlet licensed under RCW 69.50.354 and holding a medical cannabis endorsement under RCW 69.50.375 to obtain a medical cannabis consultant certification.
(8) Nothing in this section applies to the practice of a health care profession by individuals who are licensed, certified, or registered in a profession listed in RCW 18.130.040(2) and who are performing services within their authorized scope of practice.
[ 2022 c 16 s 132; 2015 c 70 s 37.]
Notes:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Short title—Findings—Intent—References to Washington state liquor control board—Draft legislation—2015 c 70: See notes following RCW 66.08.012.

catchline: Medical cannabis consultant certificate.


title: RCW 69.51A.300

text:
The board of naturopathy, the board of osteopathic medicine and surgery, the Washington medical commission, and the state board of nursing shall develop and approve continuing education programs related to the use of cannabis for medical purposes for the health care providers that they each regulate that are based upon practice guidelines that have been adopted by each entity.
[ 2025 c 58 s 5054; 2022 c 16 s 133; 2019 c 55 s 13; 2015 c 70 s 38.]
Notes:
Explanatory note—2025 c 58: See note following RCW 1.16.050.
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Short title—Findings—Intent—References to Washington state liquor control board—Draft legislation—2015 c 70: See notes following RCW 66.08.012.

catchline: Continuing education programs for health care providers.


title: RCW 69.51A.310

text:
Qualifying patients and designated providers, who hold a recognition card and have been entered into the medical cannabis authorization database, may purchase immature plants or clones from a licensed cannabis producer as defined in RCW 69.50.101. Qualifying patients and designated providers may also purchase cannabis seeds from a licensed cannabis producer.
[ 2022 c 16 s 134; 2017 c 317 s 11.]
Notes:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Findings—Application—2017 c 317: See notes following RCW 69.50.325.

catchline: Immature plants and clones, cannabis seeds—Qualifying patients and designated providers may purchase.


title: RCW 69.51A.900

text:
This chapter may be known and cited as the Washington state medical use of cannabis act.
[ 2011 c 181 s 1106; 1999 c 2 s 1 (Initiative Measure No. 692, approved November 3, 1998).]

catchline: Short title—1999 c 2.


title: RCW 69.52.010

text:
The legislature finds that imitation controlled substances are being manufactured to imitate the appearance of the dosage units of controlled substances for sale to school-age youths and others to facilitate the fraudulent sale of controlled substances. The legislature further finds that manufacturers are endeavoring to profit from the manufacture of these imitation controlled substances while avoiding liability by accurately labeling the containers or packaging which contain these imitation controlled substances. The close similarity of appearance between dosage units of imitation controlled substances and controlled substances is indicative of a deliberate and wilful attempt to profit by deception without regard to the tragic human consequences. The use of imitation controlled substances is responsible for a growing number of injuries and deaths, and the legislature hereby declares that this chapter is necessary for the protection and preservation of the public health and safety.
[ 1982 c 171 s 2.]

catchline: Legislative findings.


title: RCW 69.52.020

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Controlled substance" means a substance as that term is defined in chapter 69.50 RCW.
(2) "Distribute" means the actual or constructive transfer (or attempted transfer) or delivery or dispensing to another of an imitation controlled substance.
(3) "Imitation controlled substance" means a substance that is not a controlled substance, but which by appearance or representation would lead a reasonable person to believe that the substance is a controlled substance. Appearance includes, but is not limited to, color, shape, size, and markings of the dosage unit. Representation includes, but is not limited to, representations or factors of the following nature:
(a) Statements made by an owner or by anyone else in control of the substance concerning the nature of the substance, or its use or effect;
(b) Statements made to the recipient that the substance may be resold for inordinate profit; or
(c) Whether the substance is packaged in a manner normally used for illicit controlled substances.
(4) "Manufacture" means the production, preparation, compounding, processing, encapsulating, packaging or repackaging, or labeling or relabeling of an imitation controlled substance.
[ 1982 c 171 s 3.]

catchline: Definitions.


title: RCW 69.52.030

text:
(1) It is unlawful for any person to manufacture, distribute, or possess with intent to distribute, an imitation controlled substance. Any person who violates this subsection shall, upon conviction, be guilty of a class C felony.
(2) Any person eighteen years of age or over who violates subsection (1) of this section by distributing an imitation controlled substance to a person under eighteen years of age is guilty of a class B felony.
(3) It is unlawful for any person to cause to be placed in any newspaper, magazine, handbill, or other publication, or to post or distribute in any public place, any advertisement or solicitation offering for sale imitation controlled substances. Any person who violates this subsection is guilty of a class C felony.
(4) No civil or criminal liability shall be imposed by virtue of this chapter on any person registered under the Uniform Controlled Substances Act pursuant to RCW 69.50.301 or 69.50.303 who manufactures, distributes, or possesses an imitation controlled substance for use as a placebo or other use by a registered practitioner, as defined in RCW 69.50.101, in the course of professional practice or research.
(5) No prosecution under this chapter shall be dismissed solely by reason of the fact that the dosage units were contained in a bottle or other container with a label accurately describing the ingredients of the imitation controlled substance dosage units. The good faith of the defendant shall be an issue of fact for the trier of fact.
[ 2020 c 18 s 25; 1983 1st ex.s. c 4 s 5; 1982 c 171 s 4.]
Notes:
Explanatory statement—2020 c 18: See note following RCW 43.79A.040.
Severability—1983 1st ex.s. c 4: See note following RCW 9A.48.070.

catchline: Violations—Exceptions.


title: RCW 69.52.040

text:
Imitation controlled substances shall be subject to seizure, forfeiture, and disposition in the same manner as are controlled substances under RCW 69.50.505.
[ 1982 c 171 s 5.]

catchline: Seizure of contraband.


title: RCW 69.52.045

text:
Whenever an imitation controlled substance which is manufactured, distributed, or possessed in violation of this chapter is seized at rental premises, the law enforcement agency shall make a reasonable attempt to discover the identity of the landlord and shall notify the landlord in writing, at the last address listed in the property tax records and at any other address known to the law enforcement agency, of the seizure and the location of the seizure.
[ 1988 c 150 s 10.]
Notes:
Legislative findings—Severability—1988 c 150: See notes following RCW 59.18.130.

catchline: Seizure at rental premises—Notification of landlord.


title: RCW 69.52.050

text:
The attorney general is authorized to apply for injunctive action against a manufacturer or distributor of imitation controlled substances in this state.
[ 1982 c 171 s 6.]

catchline: Injunctive action by attorney general authorized.


title: RCW 69.52.060

text:
Any manufacturer of controlled substances licensed or registered in a state requiring such licensure or registration, may bring injunctive or other action against a manufacturer or distributor of imitation controlled substances in this state.
[ 1982 c 171 s 7.]

catchline: Injunctive or other legal action by manufacturer of controlled substances authorized.


title: RCW 69.52.070

text:
(1) If a juvenile thirteen years of age or older and under the age of twenty-one is found by a court to have committed any offense that is a violation of this chapter, the court shall notify the department of licensing within twenty-four hours after entry of the judgment, unless the offense is the juvenile's first offense in violation of this chapter and has not committed an offense while armed with a firearm, an unlawful possession of a firearm offense, or an offense in violation of chapter 66.44, 69.41, or 69.50 RCW.
(2) Except as otherwise provided in subsection (3) of this section, upon petition of a juvenile whose privilege to drive has been revoked pursuant to RCW 46.20.265, the court may at any time the court deems appropriate notify the department of licensing to reinstate the juvenile's privilege to drive.
(3) If the conviction is for the juvenile's first violation of this chapter or chapter 66.44, 69.41, or 69.50 RCW, the juvenile may not petition the court for reinstatement of the juvenile's privilege to drive revoked pursuant to RCW 46.20.265 until the later of ninety days after the date the juvenile turns sixteen or ninety days after the judgment was entered. If the conviction was for the juvenile's second or subsequent violation of this chapter or chapter 66.44, 69.41, or 69.50 RCW, the juvenile may not petition the court for reinstatement of the juvenile's privilege to drive revoked pursuant to RCW 46.20.265 until the later of the date the juvenile turns seventeen or one year after the date judgment was entered.
[ 2016 c 136 s 12; 1989 c 271 s 121; 1988 c 148 s 6.]
Notes:
Severability—1989 c 271: See note following RCW 9.94A.510.
Legislative finding—Severability—1988 c 148: See notes following RCW 13.40.265.

catchline: Violations—Juvenile driving privileges.


title: RCW 69.52.901

text:
This act shall take effect on July 1, 1982.
[ 1982 c 171 s 10.]

catchline: Effective date—1982 c 171.


title: RCW 69.53.010

text:
(1) It is unlawful for any person who has under his or her management or control any building, room, space, or enclosure, either as an owner, lessee, agent, employee, or mortgagee, to knowingly rent, lease, or make available for use, with or without compensation, the building, room, space, or enclosure for the purpose of unlawfully manufacturing, delivering, selling, storing, or giving away any controlled substance under chapter 69.50 RCW, legend drug under chapter 69.41 RCW, or imitation controlled substance under chapter 69.52 RCW.
(2) It shall be a defense for an owner, manager, or other person in control pursuant to subsection (1) of this section to, in good faith, notify a law enforcement agency of suspected drug activity pursuant to subsection (1) of this section, or to process an unlawful detainer action for drug-related activity against the tenant or occupant.
(3) A violation of this section is a class C felony punishable under chapter 9A.20 RCW.
[ 1988 c 150 s 13; 1987 c 458 s 7.]
Notes:
Legislative findings—Severability—1988 c 150: See notes following RCW 59.18.130.
Severability—1987 c 458: See note following RCW 48.21.160.

catchline: Unlawful use of building for drug purposes—Liability of owner or manager—Penalty.


title: RCW 69.53.020

text:
(1) It is unlawful for any person who has under his or her management or control any building, room, space, or enclosure, either as an owner, lessee, agent, employee, or mortgagee, to knowingly allow the building, room, space, or enclosure to be fortified to suppress law enforcement entry in order to further the unlawful manufacture, delivery, sale, storage, or gift of any controlled substance under chapter 69.50 RCW, legend drug under chapter 69.41 RCW, or imitation controlled substance under chapter 69.52 RCW.
(2) It shall be a defense for an owner, manager, or other person in control pursuant to subsection (1) of this section to, in good faith, notify a law enforcement agency of suspected drug activity pursuant to subsection (1) of this section, or to process an unlawful detainer action for drug-related activity against the tenant or occupant.
(3) A violation of this section is a class C felony punishable under chapter 9A.20 RCW.
[ 1988 c 150 s 14; 1987 c 458 s 8.]
Notes:
Legislative findings—Severability—1988 c 150: See notes following RCW 59.18.130.
Severability—1987 c 458: See note following RCW 48.21.160.

catchline: Unlawful fortification of building for drug purposes—Penalty.


title: RCW 69.53.030

text:
(1) It is unlawful for any person to use a building, room, space, or enclosure specifically designed to suppress law enforcement entry in order to unlawfully manufacture, deliver, sell, store, or give away any controlled substance under chapter 69.50 RCW, legend drug under chapter 69.41 RCW, or imitation controlled substance under chapter 69.52 RCW.
(2) A violation of this section is a class C felony punishable under chapter 9A.20 RCW.
[ 1987 c 458 s 9.]
Notes:
Severability—1987 c 458: See note following RCW 48.21.160.

catchline: Unlawful use of fortified building—Penalty.


title: RCW 69.55.010

text:
(1) A person who, with intent to deprive the owner or owner's agent, wrongfully obtains pressurized ammonia gas or pressurized ammonia gas solution, is guilty of theft of ammonia.
(2) Theft of ammonia is a class C felony.
[ 2002 c 133 s 1; 2000 c 225 s 1.]
Notes:
Effective date—2002 c 133: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 26, 2002]." [ 2002 c 133 s 5.]
Severability—2000 c 225: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 2000 c 225 s 8.]

catchline: Theft of ammonia.


title: RCW 69.55.020

text:
A person is guilty of the crime of unlawful storage of ammonia if the person possesses, transports, or delivers pressurized ammonia gas or pressurized ammonia gas solution in a container that (1) is not approved by the United States department of transportation to hold ammonia, or (2) was not constructed to meet state and federal industrial health and safety standards for holding ammonia. Violation of this section is a class C felony.
This section does not apply to public employees or private contractors authorized to clean up and dispose of hazardous waste or toxic substances under chapter 70A.300 or 70A.305 RCW or to solid waste haulers and their employees who unknowingly possess, transport, or deliver pressurized ammonia gas or pressurized ammonia gas solution during the course of the performance of their duties.
[ 2021 c 65 s 66; 2002 c 133 s 2; 2000 c 225 s 2.]
Notes:
Explanatory statement—2021 c 65: See note following RCW 53.54.030.
Effective date—2002 c 133: See note following RCW 69.55.010.
Severability—2000 c 225: See note following RCW 69.55.010.

catchline: Unlawful storage of ammonia.


title: RCW 69.55.030

text:
Any damages arising out of the unlawful possession of, storage of, or tampering with pressurized ammonia gas or pressurized ammonia gas solution, or pressurized ammonia gas equipment or pressurized ammonia gas solution equipment, shall be the sole responsibility of the unlawful possessor, storer, or tamperer. In no case shall liability for damages arising out of the unlawful possession of, storage of, or tampering with pressurized ammonia gas or pressurized ammonia gas solution, or pressurized ammonia gas equipment or pressurized ammonia gas solution equipment, extend to the lawful owner, installer, maintainer, designer, manufacturer, possessor, or seller of the pressurized ammonia gas or pressurized ammonia gas solution, or pressurized ammonia gas equipment or pressurized ammonia gas solution equipment, unless such damages arise out of the owner, installer, maintainer, designer, manufacturer, possessor, or seller's acts or omissions that constitute negligent misconduct to abide by the laws regarding pressurized ammonia gas or pressurized ammonia gas solution possession and storage.
[ 2002 c 133 s 3; 2000 c 225 s 3.]
Notes:
Effective date—2002 c 133: See note following RCW 69.55.010.
Severability—2000 c 225: See note following RCW 69.55.010.

catchline: Damages—Liability.


title: RCW 69.57.010

text:
(1) The sale of sodium nitrite is a matter of statewide and national concern as there are increasing reports about the extreme health risks of ingestion of sodium nitrite, particularly by people attempting suicide. Sodium nitrite has been promoted online as an effective method to complete suicide as it is readily available and fast acting, and there is a false perception that it provides a painless asymptomatic course prior to death.
(2) Sodium nitrite is commercially available for use as a food preservative, as a curing agent, and for certain limited industrial and medical uses. It can be purchased easily and without restriction from multiple online and brick-and-mortar retail vendors. The national poison data system showed an annual increase in the number of reported exposures to sodium nitrite from 2017 to 2020. In 2021, the national poison data system annual report revealed 16 fatalities across all age cohorts related to sodium nitrite, data that likely underreports actual occurrences. Nationally, 222 deaths were linked to sodium nitrite in 2022 by a single private laboratory. Victims of sodium nitrite ingestion become cyanotic and short of breath within minutes due to methemoglobinemia, which is a blood disorder resulting from an abnormal increase in the hemoglobin methemoglobin. The reversing agent of methylene blue can be ineffective and difficult to administer in an acutely ill patient and is not widely available, even in emergency departments.
(3) The federal centers for disease control and prevention reported that in 2021, 22 percent of high school students seriously considered attempting suicide during the past year, trending significantly upward since 2011, particularly among female students. One in 10 high school students attempted suicide in 2021.
(4) Limiting access to lethal suicide methods, known as "means restriction," is an important strategy for suicide prevention. Although some individuals might seek other methods, many do not and, when they do, the means chosen are less lethal and are associated with fewer deaths than when more dangerous methods are available. Restricting access to sodium nitrite will save lives, particularly among vulnerable and developing adolescents and young adults, and prevent the deleterious impact of suicide upon families, communities, and the public health system.
(5) The federal government and other states are currently enacting or considering legislation to restrict access to sodium nitrite and to properly label it by warnings. The enactment of such legislation, to be known and cited in Washington as "Tyler's law," will result in reduced numbers of suicides and suicide attempts and increase the likelihood that caretakers and health care providers will be able to intervene and interrupt suicide attempts.
[ 2025 c 13 s 1.]
Notes:
Effective date—2025 c 13: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support to of the state government and its existing public institutions, and takes effect immediately [April 7, 2025]." [ 2025 c 13 s 11.]

catchline: Findings.


title: RCW 69.57.020

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Commercial business" means a business or institution, including a research institution, requiring the use of covered products as that term is defined in this section.
(2) "Covered entity" means a person selling, transferring, or offering to sell or transfer a covered product, which includes but is not limited to a manufacturer, wholesaler, distributor, third-party seller, online retailer, and all others involved in the distribution of a covered product. The term also includes a party who is in the business of leasing or bailing covered products.
(3) "Covered product" means a product containing sodium nitrite in a concentration greater than 10 percent of the mass or volume of the product.
(4) "Label" means a representation made by statement, word, picture, design, or emblem on a covered product package, whether affixed to or written directly on the package.
(5) "Principal display panel" means:
(a) For a cylindrical or nearly cylindrical package, 40 percent of the product package as measured by multiplying the height of the container by the circumference;
(b) For noncylindrical or nearly noncylindrical packaging, such as a rectangular prism or nearly rectangular prism, 40 percent of the product package as measured by multiplying the length by the width of the side of the package when it is pressed flat against on all sides of the packaging; and
(c) For electronic media, the side of a product package that is most likely to be displayed, presented, or shown under customary conditions of display for retail sale.
[ 2025 c 13 s 2.]
Notes:
Effective date—2025 c 13: See note following RCW 69.57.010.


title: RCW 69.57.030

text:
A covered entity shall not:
(1) Sell or transfer a covered product except to a commercial business in accordance with RCW 69.57.040; or
(2) Sell or offer to sell, directly or indirectly, a covered product without a label notice that meets the requirements of RCW 69.57.050.
[ 2025 c 13 s 3.]
Notes:
Effective date—2025 c 13: See note following RCW 69.57.010.

catchline: Restriction on sale of covered products—Labeling requirements.


title: RCW 69.57.040

text:
(1) A covered entity may sell or transfer a covered product to a verified commercial business if, prior to the sale or transfer of the covered product:
(a) The commercial business affirms that the commercial business requires covered products, which must include the commercial business providing its employer identification number to the covered entity; and
(b) The covered entity has a system that verifies that the commercial business requires a covered product, including verifying the employer identification number.
(2) The following systems, whether relied on solely or in combination, do not satisfy the verification obligation of the covered entity specified in subsection (1) of this section:
(a) A sale verification system relying on the commercial business simply providing a statement of commercial need and intended usage without additional verification;
(b) A sale verification system relying on the commercial business using tick boxes to confirm they are a commercial business and require covered products; or
(c) A sale verification system relying on the commercial business using an "accept" statement for the commercial business to confirm that they have read the terms and conditions.
[ 2025 c 13 s 4.]
Notes:
Effective date—2025 c 13: See note following RCW 69.57.010.

catchline: Sale or transfer of covered products to commercial businesses.


title: RCW 69.57.050

text:
(1) A covered entity shall label or ensure that a label satisfying the requirements of this section is already affixed to a covered product with the phrase "WARNING DANGER: Deadly if ingested. If ingested, seek immediate medical attention for intravenous administration of methylene blue. Ingestion of sodium nitrite, even in small quantities, causes severe methemoglobinemia, extreme pain, and imminent death. Keep out of reach of children." This label must be in a size equal to at least two percent of the surface area of the principal display panel, accompanied by a skull and crossbones symbol.
(2) Where the covered product is displayed in advertising or in electronic media, a label notice must accompany the display in no smaller a size than is equivalent to the primary description of the sodium nitrite.
(3) If a covered product is shipped or delivered in packaging that obscures or hides the principal display panel, or is sold in bulk or within the same packaging as another product, the packaging must include a skull and crossbones symbol in a prominent location likely to be seen and read by an ordinary individual under customary conditions of transportation and delivery.
(4) If a federal agency or state department does not approve a product label that otherwise complies with the labeling requirements of this section, the covered entity shall use a label that complies with as many of the requirements of this section as the relevant agency has approved.
[ 2025 c 13 s 5.]
Notes:
Effective date—2025 c 13: See note following RCW 69.57.010.

catchline: Labeling and shipping requirements.


title: RCW 69.57.060

text:
A covered entity shall retain sale and transfer records and documentation for each purchase or transfer of a covered product for three years from the date of sale or transfer.
[ 2025 c 13 s 6.]
Notes:
Effective date—2025 c 13: See note following RCW 69.57.010.

catchline: Records.


title: RCW 69.57.070

text:
(1) A covered entity that violates chapter 13, Laws of 2025 is subject to a civil penalty of $10,000 for the first violation, and a civil penalty of no more than $1,000,000 for a second or subsequent violation.
(2)(a) The attorney general, prosecuting attorney within the relevant jurisdiction, or any aggrieved individual may bring an action to impose a civil penalty for a violation of chapter 13, Laws of 2025. A civil penalty imposed pursuant to this section does not exclude any other public or private cause of action, whether criminal or civil.
(b) Any aggrieved individual, other than the attorney general, who prevails in a civil action against a covered entity under chapter 13, Laws of 2025 is entitled to reasonable attorney fees, costs, and the greater of actual economic damages or $3,000.
[ 2025 c 13 s 7.]
Notes:
Effective date—2025 c 13: See note following RCW 69.57.010.

catchline: Violations.


title: RCW 69.57.080

text:
The legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. A violation of this chapter is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW.
[ 2025 c 13 s 8.]
Notes:
Effective date—2025 c 13: See note following RCW 69.57.010.

catchline: Consumer protection act.


title: RCW 69.57.900

text:
This chapter may be known and cited as Tyler's law.
[ 2025 c 13 s 9.]
Notes:
Effective date—2025 c 13: See note following RCW 69.57.010.

catchline: Short title.


title: RCW 69.58.100

text:
(1) Every person who sells, furnishes, administers, distributes, gives away, or offers to sell, furnish, administer, distribute, or give away a device, canister, tank, or receptacle either exclusively containing nitrous oxide or flavored nitrous oxide or exclusively containing a chemical compound mixed with nitrous oxide, is guilty of a gross misdemeanor.
(2) This section does not apply to any person who administers nitrous oxide for the purpose of providing medical, veterinary, or dental care, if administered by a medical, veterinary, or dental practitioner licensed by this state or at the direction or under the supervision of a practitioner licensed by the state.
(3) This section does not apply to the sale of nitrous oxide contained in food products for use as a propellant.
(4) This section does not apply to the sale and use of nitrous oxide by a manufacturer as part of a manufacturing process or industrial operation.
(5) This section does not apply to the filling of cylinders of nitrous oxide for the subsequent sale, furnishment, or distribution of nitrous oxide by a person or entity engaged in lawfully distributing medical, veterinary, dental, food-grade, industrial, or automotive gases, when the nitrous oxide is sold, furnished, or distributed solely for a purpose exempt under this section, provided that the cylinders are not for personal use.
(6) This section does not apply to the sale and use of nitrous oxide for automotive purposes.
(7) As used in this section, "nitrous oxide" refers to any of the following substances: N20, dinitrogen monoxide, dinitrogen oxide, nitrogen oxide, or laughing gas.
[ 2026 c 188 s 1.]

catchline: Nitrous oxide—Sale or distribution prohibited—Penalty—Exceptions.


title: RCW 69.60.010

text:
The legislature of the state of Washington finds that:
(1) Accidental and purposeful ingestions of solid medication forms continue to be the most frequent cause of poisoning in our state;
(2) Modern treatment is dependent upon knowing the ingredients of the ingestant;
(3) The imprinting of identifying characteristics on all tablets, capsules, and caplets of prescription medication forms, both trade name products and generic products, has been extremely beneficial in our state and was accomplished at trivial cost to the manufacturers and consumers;
(4) Although over-the-counter medications usually constitute a lower order of risk to ingestees, treatment after overdose is equally dependent upon knowing the ingredients involved, but there is no coding index uniformly used by this class of medication;
(5) Approximately seventy percent of over-the-counter medications in solid form already have some type of an identifier imprinted on their surfaces;
(6) While particular efforts are being instituted to prevent recurrent tampering with over-the-counter medications, the added benefit of rapid and prompt identification of all possible contaminated products, including over-the-counter medications, would make for a significant improvement in planning for appropriate tracking and monitoring programs;
(7) At the same time, health care professionals serving the elderly find it especially advantageous to be able to identify and confirm the ingredients of their multiple medications, including over-the-counter products, as are often consumed by such patients;
(8) The legislature supports and encourages efforts that are being made to establish a national, legally enforceable system governing the imprinting of solid dosage form over-the-counter medications, which system is consistent with the requirements of this chapter.
[ 1989 c 247 s 1.]

catchline: Legislative findings.


title: RCW 69.60.020

text:
The terms defined in this section shall have the meanings indicated when used in this chapter.
(1) "Commission" means the pharmacy quality assurance commission.
(2) "Over-the-counter medication" means a drug that can be obtained without a prescription and is not restricted to use by prescribing practitioners. For purposes of this chapter, over-the-counter medication does not include vitamins.
(3) "Purveyor" means any corporation, person, or other entity that offers over-the-counter medications for wholesale, retail, or other type of sale.
(4) "Solid dosage form" means capsules or tablets or similar over-the-counter medication products intended for administration and which could be ingested orally.
[ 2013 c 19 s 117; 1989 c 247 s 3.]
Notes:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).

catchline: Definitions.


title: RCW 69.60.030

text:
(1) No over-the-counter medication 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 medication and the manufacturer or distributor of the medication: PROVIDED, HOWEVER, That an over-the-counter medication which has clearly marked or imprinted on it a distinctive logo, symbol, product name, letters, or other identifying mark, or which by its color, shape, or size together with a distinctive logo, symbol, product name, letters, or other mark is identifiable, shall be deemed in compliance with the provisions of this chapter.
(2) No manufacturer may sell any over-the-counter medication in solid dosage form contained within a bottle, vial, carton, or other container, or in any way affixed or appended to or enclosed within a package of any kind designed or intended for delivery in such container or package to an ultimate consumer within this state unless such container or package has clearly and permanently marked or imprinted on it an individual symbol, number, company name, words, letters, marking, or national drug code number identifying the medication and the manufacturer, packer, or distributor of the medication.
[ 1993 c 135 s 1; 1989 c 247 s 2.]

catchline: Identification required.


title: RCW 69.60.040

text:
Each manufacturer shall publish and provide to the commission printed material which will identify each current imprint used by the manufacturer and the commission shall be notified of any change. This information shall be provided by the commission to all pharmacies licensed in the state of Washington, poison control centers, and hospital emergency rooms.
[ 2013 c 19 s 118; 1989 c 247 s 4.]


title: RCW 69.60.050

text:
(1) Any over-the-counter medication prepared or manufactured or offered for sale in violation of this chapter or implementing rules shall be contraband and subject to seizure, in the same manner as contraband legend drugs under RCW 69.41.060.
(2) A purveyor who fails to comply with this chapter after one notice of noncompliance by the board is subject to a one thousand dollar civil fine for each instance of noncompliance.
[ 1989 c 247 s 5.]

catchline: Noncompliance—Contraband—Fine.


title: RCW 69.60.060

text:
The commission shall have authority to promulgate rules for the enforcement and implementation of this chapter.
[ 2013 c 19 s 119; 1989 c 247 s 6.]

catchline: Rules.


title: RCW 69.60.070

text:
All over-the-counter medications manufactured in, received by, distributed to, or shipped to any retailer or wholesaler in this state after January 1, 1994, shall meet the requirements of this chapter. No over-the-counter medication may be sold to a consumer in this state after January 1, 1995, unless such over-the-counter medication complies with the imprinting requirements of this chapter.
[ 1993 c 135 s 2; 1989 c 247 s 7.]

catchline: Imprinting requirements—Retailers and wholesalers.


title: RCW 69.60.080

text:
The commission, upon application of a manufacturer, may exempt an over-the-counter drug from the requirements of chapter 69.60 RCW on the grounds that imprinting is infeasible because of size, texture, or other unique characteristics.
[ 2013 c 19 s 120; 1989 c 247 s 8.]

catchline: Exemptions—Application by manufacturer.


title: RCW 69.60.090

text:
Before January 1, 1994, the commission will consult with the state toxicologist to determine whether the federal government has established a legally enforceable system that is substantially equivalent to the requirements of this chapter that govern the imprinting of solid dosage form over-the-counter medication. To be substantially equivalent, the effective dates for implementation of the federal system for imprinting solid dosage form over-the-counter medication must be the same or earlier than the dates of implementation set out in the state system for imprinting solid dosage form over-the-counter medication. If the commission determines that the federal system for imprinting solid dosage form over-the-counter medication is substantially equivalent to the state system for imprinting solid dosage form over-the-counter medication, this chapter will cease to exist on January 1, 1994. If the commission determines that the federal system is substantially equivalent, except that the federal dates for implementation are later than the Washington state dates, this chapter will cease to exist when the federal system is implemented.
[ 2013 c 19 s 121; 1993 c 135 s 3; 1989 c 247 s 9.]

catchline: Implementation of federal system—Termination of state system.


title: RCW 69.60.901

text:
This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [April 30, 1993].
[ 1993 c 135 s 5.]

catchline: Effective date—1993 c 135.


title: RCW 69.65.010

text:
(1) The legislature finds that the federal 340B drug pricing program is essential for providing health care access to low-income and uninsured populations. The 340B drug pricing program requires drug manufacturers to offer discounts on outpatient medications to eligible providers that serve these populations. They include federally qualified health centers, Ryan White (HIV) clinics, tribal and urban Indian health centers, critical access hospitals, and other safety net hospitals that meet stringent federal criteria.
(2) Congress created the 340B drug pricing program in 1992, stating that the program's benefits enable covered "entities to stretch scarce federal resources as far as possible, reaching more eligible patients and providing more comprehensive services." (H.R. Rep. No. 102-384 (II), at 12 (1992)). The 340B drug pricing program allows certain safety net providers to sustain underfunded services and reinvest savings into essential community benefits, such as financial assistance for low-income patients, no-cost wellness visits, screenings, vaccinations, transportation to appointments, health education classes, case management, medication adherence services, and workforce development programs.
(3) The federal health resources and services administration permits 340B covered entities to contract with pharmacies to enable access to life-saving drugs and drugs that preserve quality of life to eligible patients, including for those who otherwise have limited access.
(4) The 340B drug pricing program and contract pharmacies are crucial to Washington's safety net providers by ensuring patients can access their prescribed medications, while providing additional resources to 340B covered entities to serve vulnerable and underserved populations.
(5) More than 20 other states have recognized the importance of contract pharmacies to the 340B drug pricing program and have taken action to prohibit drug manufacturers from imposing restrictions on 340B covered entities' ability to serve patients through contract pharmacies.
(6) Federal courts, including the fifth and eighth circuit courts of appeals, have upheld states' authority to legislate on the distribution of 340B drugs through contract pharmacies.
(7) The current restrictions imposed by drug manufacturers not only limit a patient's access to affordable medication but also jeopardize the financial savings that safety net providers depend on to reinvest in their operations, expand services, and support underserved communities.
(8) The legislature, therefore, finds that prohibiting drug manufacturers from imposing restrictions on 340B covered entities is necessary to ensure the integrity of the 340B program and protect Washington's vulnerable patients, their access to medications, and safety net providers' ability to serve their patients.
(9) The legislature also finds that there is a vested state and public interest in providing transparency across the spectrum of 340B program participants to ensure the program is operating within the original intent set forth by congress.
(10) The legislature, therefore, finds that 340B program reporting capturing covered entities, contract pharmacies, and manufacturers is necessary to ensure the integrity of the program.
(11) To address the costs of such reporting, the legislature finds it necessary to implement a filing fee for the covered entities and manufacturers that are required to report, which as of 2026, includes approximately 110 340B covered entities and 780 manufacturers. The legislature intends for responsibility for payment of filing fees to be based on this differential between covered entities and manufacturers.
[ 2026 c 227 s 1.]
Notes:
Severability—2026 c 227: See note following RCW 69.65.030.

catchline: Findings—Intent.


title: RCW 69.65.020

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "340B drug" means a drug that has been subject to an offer for reduced prices by a manufacturer under 42 U.S.C. Sec. 256b and is purchased by a covered entity.
(2) "Covered entity" means an entity authorized to participate in the federal 340B drug pricing program, as defined in 42 U.S.C. Sec. 256b(a)(4) as of June 11, 2026.
(3) "Manufacturer" means a person, corporation, or other entity engaged in the manufacture of drugs or devices. It includes an agent, contractor, or affiliate of a manufacturer.
(4) "Package" has the same meaning as in 21 U.S.C. Sec. 360eee(11)(A) as of June 11, 2026.
(5) "Pharmacy" has the same meaning as in RCW 18.64.011.
[ 2026 c 227 s 2.]
Notes:
Severability—2026 c 227: See note following RCW 69.65.030.


title: RCW 69.65.030

text:
(1) A manufacturer or a third party acting on behalf of a manufacturer may not, directly or indirectly, deny, restrict, or prohibit the acquisition of a 340B drug by, or delivery of a 340B drug to, a covered entity, a pharmacy that is under contract with a covered entity to receive and dispense a 340B drug on behalf of the covered entity, or any location authorized by a covered entity to receive such 340B drug, unless federal law prohibits receipt of the 340B drug.
(2) A manufacturer or a third party acting on behalf of a manufacturer may not, directly or indirectly, require a covered entity to submit any claims, utilization, purchasing, or other data as a condition for allowing the acquisition of a 340B drug by, or delivery of a 340B drug to, a covered entity, a pharmacy that is under contract with a covered entity to receive and dispense a 340B drug on behalf of the covered entity, or any location authorized by a covered entity to receive such 340B drug, unless federal law requires such data sharing.
[ 2026 c 227 s 3.]
Notes:
Severability—2026 c 227: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 2026 c 227 s 12.]

catchline: 340B drugs—Manufacturer prohibitions.


title: RCW 69.65.040

text:
(1) In addition to any other remedy provided by law, a covered entity may file a civil action against a manufacturer or a third party acting on behalf of a manufacturer for a violation of this chapter. If a court finds that the manufacturer or third party acting on behalf of a manufacturer violated this chapter, the court may enjoin the violation and award a civil penalty of up to $5,000 per day for each violation, as well as reasonable attorneys' fees and costs. Each package of 340B drugs subject to a prohibited act under this chapter constitutes a separate violation.
(2) The attorney general may bring an action in the name of the state, or as parens patriae on behalf of persons residing in the state, to enforce this chapter. For actions brought by the attorney general to enforce the provisions of this chapter, the legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. For actions brought by the attorney general to enforce this chapter, a violation of this chapter is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW.
(3) Nothing in this chapter is to be construed or applied to conflict with federal law and related regulations, including 21 U.S.C. Sec. 355-1, or other laws of this state, if the state law is compatible with applicable federal law.
[ 2026 c 227 s 4.]
Notes:
Severability—2026 c 227: See note following RCW 69.65.030.

catchline: Remedies—Civil action—Penalties—Consumer protection act.


title: RCW 69.70.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Department" means the department of health.
(2) "Drug manufacturer" means a facility licensed by the pharmacy quality assurance commission under chapter 18.64 RCW that engages in the manufacture of drugs or devices.
(3) "Drug wholesaler" means a facility licensed by the pharmacy quality assurance commission under chapter 18.64 RCW that buys drugs or devices for resale and distribution to corporations, individuals, or entities other than consumers.
(4) "Medical facility" means a hospital, pharmacy, nursing home, boarding home, adult family home, or medical clinic where the prescription drugs are under the control of a practitioner.
(5) "Person" means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.
(6) "Pharmacist" means a person licensed by the pharmacy quality assurance commission under chapter 18.64 RCW to practice pharmacy.
(7) "Pharmacy" means a facility licensed by the pharmacy quality assurance commission under chapter 18.64 RCW in which the practice of pharmacy is conducted.
(8) "Practitioner" has the same meaning as in RCW 69.41.010.
(9) "Prescribing practitioner" means a person authorized to issue orders or prescriptions for legend drugs as listed in RCW 69.41.030.
(10) "Prescription drugs" has the same meaning as "legend drugs" as defined in RCW 69.41.010. The term includes cancer drugs and antirejection drugs. The term does not include controlled substances.
(11) "Supplies" means the supplies necessary to administer prescription drugs that are donated under the prescription drug redistribution program.
(12) "Time temperature indicator" means a device or smart label that shows the accumulated time-temperature history of a product by providing a nonreversible, accurate record of temperature exposure through the entire supply chain.
(13) "Uninsured" means a person who:
(a) Does not have private or public health insurance; or
(b) Has health insurance, but the health insurance does not provide coverage for a particular drug that has been prescribed to the person.
[ 2016 c 43 s 1; 2013 c 260 s 1.]
Notes:
Effective date—2016 c 43: "This act takes effect January 1, 2017." [ 2016 c 43 s 8.]
Short title—2016 c 43: "This act may be known and cited as the cancer can't charitable pharmacy act." [ 2016 c 43 s 7.]


title: RCW 69.70.020

text:
(1) Any practitioner, pharmacist, medical facility, drug manufacturer, or drug wholesaler may donate prescription drugs and supplies to a pharmacy for redistribution without compensation or the expectation of compensation to individuals who meet the prioritization criteria established in RCW 69.70.040. Donations of prescription drugs and supplies may be made on the premises of a pharmacy that elects to participate in the provisions of this chapter. A pharmacy that receives prescription drugs or supplies may distribute the prescription drugs or supplies to another pharmacy, pharmacist, or prescribing practitioner for use pursuant to the program.
(2) The person to whom a prescription drug was prescribed, or the person's representative, may donate prescription drugs under subsection (1) of this section if, as determined by the professional judgment of a pharmacist, prescription drugs:
(a) Equipped with a time temperature indicator at the point of manufacture were stored under required temperature conditions using the prescription drugs' time temperature indicator information and the person, or the person's representative, has completed and signed a donor form, adopted by the department, to release the prescription drug for distribution under this chapter and certifying that the donated prescription drug has never been opened, used, adulterated, or misbranded; or
(b) Not equipped with a time temperature indicator at the point of manufacture, were properly stored and the person, or the person's representative, has completed and signed a donor form, adopted by the department, to release the prescription drugs for distribution under this chapter and certified that the donated prescription drugs have never been opened, used, adulterated, or misbranded. The donor form must require that the person, or the person's representative, attest that the donated prescription drugs have been stored in a manner and location that adheres to the conditions established by the manufacturer.
[ 2017 c 205 s 1; 2016 c 43 s 2; 2013 c 260 s 2.]
Notes:
Effective date—2017 c 205: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 5, 2017]." [ 2017 c 205 s 2.]
Effective date—Short title—2016 c 43: See notes following RCW 69.70.010.

catchline: Donations of prescription drugs and supplies—Distribution.


title: RCW 69.70.030

text:
To be eligible for the immunity in RCW 69.70.070, a person distributing donated prescription drugs under this chapter must:
(1) Meet all requirements in RCW 69.70.050 and any applicable rules related to the return or exchange of prescription drugs or supplies adopted by the *board of pharmacy;
(2) Maintain records of any prescription drugs and supplies donated to the pharmacy and subsequently dispensed by the pharmacy; and
(3) Identify itself to the public as participating in this chapter.
[ 2013 c 260 s 3.]
Notes:
*Reviser's note: Chapter 19, Laws of 2013 changed "state board of pharmacy" to "pharmacy quality assurance commission."

catchline: Immunity—Eligibility.


title: RCW 69.70.040

text:
Pharmacies, pharmacists, and prescribing practitioners that elect to dispense donated prescription drugs and supplies under this chapter shall give priority to individuals who are uninsured. If an uninsured individual has not been identified as in need of available prescription drugs and supplies, those prescription drugs and supplies may be dispensed to other individuals expressing need.
[ 2016 c 43 s 3; 2013 c 260 s 4.]
Notes:
Effective date—Short title—2016 c 43: See notes following RCW 69.70.010.

catchline: Dispensing of donated prescription drugs and supplies—Priority given to individuals who are uninsured.


title: RCW 69.70.050

text:
(1) Prescription drugs or supplies may be accepted and dispensed under this chapter if all of the following conditions are met:
(a) The prescription drug is in:
(i) Its original sealed and tamper evident packaging; or
(ii) An opened package if it contains single unit doses that remain intact;
(b) The prescription drug bears an expiration date that is more than six months after the date the prescription drug was donated;
(c) The prescription drug or supplies are inspected before the prescription drug or supplies are dispensed by a pharmacist employed by or under contract with the pharmacy, and the pharmacist determines that the prescription drug or supplies are not adulterated or misbranded;
(d) The prescription drug or supplies are prescribed by a practitioner for use by an eligible individual and are dispensed by a pharmacist; and
(e) Any other safety precautions established by the department have been satisfied.
(2)(a) If a person who donates prescription drugs or supplies to a pharmacy under this chapter receives a notice that the donated prescription drugs or supplies have been recalled, the person shall notify the pharmacy of the recall.
(b) If a pharmacy that receives and distributes donated prescription drugs to another pharmacy, pharmacist, or prescribing practitioner under this chapter receives notice that the donated prescription drugs or supplies have been recalled, the pharmacy shall notify the other pharmacy, pharmacist, or prescribing practitioner of the recall.
(c) If a person collecting or distributing donated prescription drugs or supplies under this chapter receives a recall notice from the drug manufacturer or the federal food and drug administration for donated prescription drugs or supplies, the person shall immediately remove all recalled medications from stock and comply with the instructions in the recall notice.
(3) Prescription drugs and supplies donated under this chapter may not be resold.
(4) Prescription drugs and supplies dispensed under this chapter shall not be eligible for reimbursement of the prescription drug or any related dispensing fees by any public or private health care payer.
(5) A prescription drug that can only be dispensed to a patient registered with the manufacturer of that drug, in accordance with the requirements established by the federal food and drug administration, may not be distributed under the program, unless the patient receiving the prescription drug is registered with the manufacturer at the time the drug is dispensed and the amount dispensed does not exceed the duration of the registration period.
[ 2016 c 43 s 4; 2013 c 260 s 5.]
Notes:
Effective date—Short title—2016 c 43: See notes following RCW 69.70.010.

catchline: Acceptance and dispensing of prescription drugs or supplies—Requirements—Recalls—Reselling—Reimbursement, related dispensing fees—Manufacturer registration.


title: RCW 69.70.060

text:
The department shall develop a form for persons to use when releasing prescription drugs for distribution and certifying the condition of the drugs, as provided in RCW 69.70.020(2).
[ 2016 c 43 s 5; 2013 c 260 s 6.]
Notes:
Effective date—Short title—2016 c 43: See notes following RCW 69.70.010.

catchline: Form—Department to develop.


title: RCW 69.70.070

text:
(1) A drug manufacturer acting in good faith may not, in the absence of a finding of gross negligence, be subject to criminal prosecution or liability in tort or other civil action, for injury, death, or loss to person or property for matters relating to the donation, acceptance, or dispensing of any drug manufactured by the drug manufacturer that is donated by any person under the program including, but not limited to:
(a) Liability for failure to transfer or communicate product or consumer information or the expiration date of the donated prescription drug; and
(b) Liability related to prescription drugs that can only be dispensed to a patient registered with the manufacturer of that drug, in accordance with the requirements established by the federal food and drug administration.
(2) Any person or entity, other than a drug manufacturer subject to subsection (1) of this section, acting in good faith in donating, accepting, or distributing prescription drugs under this chapter is immune from criminal prosecution, professional discipline, or civil liability of any kind for any injury, death, or loss to any person or property relating to such activities other than acts or omissions constituting gross negligence or willful or wanton misconduct.
(3) The immunity provided under subsection (1) of this section does not absolve a drug manufacturer of a criminal or civil liability that would have existed but for the donation, nor does such donation increase the liability of the drug manufacturer in such an action.
[ 2016 c 43 s 6; 2013 c 260 s 7.]
Notes:
Effective date—Short title—2016 c 43: See notes following RCW 69.70.010.

catchline: Liability.


title: RCW 69.70.080

text:
Access to prescription drugs and supplies under this chapter is subject to availability. Nothing in this chapter establishes an entitlement to receive prescription drugs and supplies through the program.
[ 2013 c 260 s 8.]

catchline: Availability of access.


title: RCW 69.70.090

text:
Nothing in this chapter restricts the use of samples by a practitioner during the course of the practitioner's duties at a medical facility or pharmacy.
[ 2013 c 260 s 9.]

catchline: Samples.


title: RCW 69.70.100

text:
Nothing in this chapter authorizes the resale of prescription drugs by any person.
[ 2013 c 260 s 10.]

catchline: Resale of prescription drugs not authorized.


title: RCW 69.70.110

text:
The pharmacy quality assurance commission may adopt rules to allow the safe donation of prescription drugs under this chapter including, but not limited to, allowing pharmacy to pharmacy donation of unexpired prescription drug stock.
[ 2020 c 264 s 2.]

catchline: Prescription drug donation—Rules.


title: RCW 69.70.900

text:
This act takes effect July 1, 2014.
[ 2013 c 260 s 12.]

catchline: Effective date.


title: RCW 69.75.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Common carrier" means any person who holds himself or herself out to the general public as a provider for hire of the transportation by water, land, or air of merchandise, whether or not the person actually operates the vessel, vehicle, or aircraft by which the transportation is provided, between a port or place and a port or place in the United States.
(2) "Finished drug product" means a drug legally marketed under the federal food, drug, and cosmetic act, 21 U.S.C. 321 et seq., that is in finished dosage form.
(3) "Proof of age" means any document issued by a governmental agency that contains a description or photograph of the person and gives the person's date of birth, including a passport, military identification card, or driver's license.
(4) "Unfinished dextromethorphan" means dextromethorphan in any form, compound, mixture, or preparation that is not a drug in finished dosage form.
[ 2014 c 64 s 1.]

catchline: Definitions.


title: RCW 69.75.020

text:
(1) A person making a retail sale of a finished drug product containing any quantity of dextromethorphan must require and obtain proof of age from the purchaser before completing the sale, unless from the purchaser's outward appearance the person making the sale would reasonably presume the purchaser to be twenty-five years of age or older.
(2) It is unlawful for any:
(a) Commercial entity to knowingly or willfully sell or trade a finished drug product containing any quantity of dextromethorphan to a person less than eighteen years of age; or
(b) Person who is less than eighteen years of age to purchase a finished drug product containing any quantity of dextromethorphan.
(3) Subsection (2)(a) and (b) of this section do [does] not apply if an individual under eighteen years of age:
(a) Supplies proof at the time of sale that such individual is actively enrolled in the military and presents a valid military identification card; or
(b) Supplies proof of emancipation.
(4)(a) Any manufacturer, distributor, or retailer whose employee or representative, during the course of the employee's or representative's employment or association with that manufacturer, distributor, or retailer sells or trades dextromethorphan in violation of subsection (2)(a) of this section must be given a written warning by a law enforcement agency for the first offense. For any subsequent offense, the manufacturer, distributor, or retailer is guilty of a class 1 civil infraction as provided in RCW 7.80.120, except for any manufacturer, distributor, or retailer who demonstrates a good faith effort to comply with the requirements of this chapter.
(b) Any employee or representative of a manufacturer, distributor, or retailer who, during the course of the employee's or representative's employment or association with that manufacturer, distributor, or retailer sells or trades dextromethorphan in violation of subsection (2)(a) of this section must be given a written warning by a law enforcement agency for the first offense. For any subsequent offense, the employee or representative is guilty of a class 1 civil infraction as provided in RCW 7.80.120.
(c) Any person who purchases dextromethorphan in violation of subsection (2)(b) of this section must be given a written warning by a law enforcement agency for the first offense. For any subsequent offense, the person is guilty of a class 1 civil infraction as provided in RCW 7.80.120.
[ 2014 c 64 s 2.]

catchline: Retail sales—Proof of age from purchaser—Unlawful acts, exceptions—Penalties.


title: RCW 69.75.030

text:
The trade association representing manufacturers of dextromethorphan shall supply to the pharmacy quality assurance commission and requesting licensed retailers an initial list of products containing dextromethorphan that its members market. This list shall be updated on an annual basis. The trade association representing manufacturers of dextromethorphan shall make other reasonable efforts to communicate the requirements of chapter 64, Laws of 2014.
[ 2014 c 64 s 3.]

catchline: List of products containing dextromethorphan, trade association representing manufacturers to supply.


title: RCW 69.75.040

text:
(1) Nothing in this chapter is construed to impose any compliance requirement on a retail entity other than manually obtaining and verifying proof of age as a condition of sale, including placement of products in a specific place within a store, other restrictions on consumers' direct access to finished drug products, or the maintenance of transaction records.
(2) The provisions of this chapter do not apply to medication containing dextromethorphan that is sold pursuant to a valid prescription.
[ 2014 c 64 s 4.]

catchline: Construction of chapter.


title: RCW 69.75.050

text:
This chapter preempts any ordinance regulating the sale, distribution, receipt, or possession of dextromethorphan enacted by a county, city, town, or other political subdivision of this state, and dextromethorphan is not subject to further regulation by such subdivisions.
[ 2014 c 64 s 5.]

catchline: Preemption.


title: RCW 69.75.900

text:
This act takes effect July 1, 2015.
[ 2014 c 64 s 7.]

catchline: Effective date—2014 c 64.


title: RCW 69.77.010

text:
The legislature finds that the process for approval of investigational drugs, biological products, and devices in the United States protects future patients from premature, ineffective, and unsafe medications and treatments over time, but the process often takes many years. Patients who have a terminal illness do not have the luxury of waiting until an investigational drug, biological product, or device receives final approval from the United States food and drug administration. The legislature further finds that patients who have a terminal illness should be permitted to pursue the preservation of their own lives by accessing available investigational drugs, biological products, and devices. The use of available investigational drugs, biological products, and devices is a decision that should be made by the patient with a terminal illness in consultation with the patient's health care provider so that the decision to use an investigational drug, biological product, or device is made with full awareness of the potential risks, benefits, and consequences to the patient and the patient's family.
The legislature, therefore, intends to allow terminally ill patients to use potentially lifesaving investigational drugs, biological products, and devices.
[ 2017 c 212 s 1.]

catchline: Findings—Intent.


title: RCW 69.77.020

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Eligible patient" means an individual who meets the requirements of RCW 69.77.040.
(2) "Health care facility" means a clinic, nursing home, laboratory, office, or similar place where a health care provider provides health care to patients.
(3) "Hospital" means a health care institution licensed under chapter 70.41, 71.12, or 72.23 RCW.
(4) "Investigational product" means a drug, biological product, or device that has successfully completed phase one and is currently in a subsequent phase of a clinical trial approved by the United States food and drug administration assessing the safety of the drug, biological product, or device under section 505 of the federal food, drug, and cosmetic act, 21 U.S.C. Sec. 355.
(5) "Issuer" means any state purchased health care programs under chapter 41.05 or 74.09 RCW, a disability insurer regulated under chapter 48.20 or 48.21 RCW, a health care service contractor as defined in RCW 48.44.010, or a health maintenance organization as defined in RCW 48.46.020.
(6) "Manufacturer" means a person or other entity engaged in the manufacture or distribution of drugs, biological products, or devices.
(7) "Physician" means a physician licensed under chapter 18.71 RCW or an osteopathic physician and surgeon licensed under chapter 18.57 RCW.
(8) "Serious or immediately life-threatening disease or condition" means a stage of disease in which there is reasonable likelihood that death will occur within six months or in which premature death is likely without early treatment.
[ 2017 c 212 s 2.]


title: RCW 69.77.030

text:
(1) An eligible patient and his or her treating physician may request that a manufacturer make an investigational product available for treatment of the patient. The request must include a copy of the written informed consent form described in RCW 69.77.050 and an explanation of why the treating physician believes the investigational product may help the patient.
(2) Upon receipt of the request and the written informed consent form, the manufacturer may, but is not required to, make the investigational product available for treatment of the eligible patient. Prior to making the investigational product available, the manufacturer shall enter into an agreement with the treating physician and the eligible patient providing that the manufacturer will transfer the investigational product to the physician and the physician will use the investigational product to treat the eligible patient.
[ 2017 c 212 s 3.]

catchline: Eligible patient and treating physician may request investigational product—Manufacturer may make for treatment—Agreement.


title: RCW 69.77.040

text:
A patient is eligible to request access to and be treated with an investigational product if:
(1) The patient is eighteen years of age or older;
(2) The patient is a resident of this state;
(3) The patient's treating physician attests to the fact that the patient has a serious or immediately life-threatening disease or condition;
(4) The patient acknowledges having been informed by the treating physician of all other treatment options currently approved by the United States food and drug administration;
(5) The patient's treating physician recommends that the patient be treated with an investigational product;
(6) The patient is unable to participate in a clinical trial for the investigational product because the patient's physician has contacted one or more clinical trials or researchers in the physician's practice area and has determined, using the physician's professional judgment, that there are no clinical trials reasonably available for the patient to participate in, that the patient would not qualify for a clinical trial, or that delay in waiting to join a clinical trial would risk further harm to the patient; and
(7) In accordance with RCW 69.77.050, the patient has provided written informed consent for the use of the investigational product, or, if the patient lacks the capacity to consent, the patient's legally authorized representative has provided written informed consent on behalf of the patient.
[ 2017 c 212 s 4.]

catchline: Patient eligibility for access and treatment with investigational product.


title: RCW 69.77.050

text:
(1) Prior to treatment of the eligible patient with an investigational product, the treating physician shall obtain written informed consent, consistent with the requirements of RCW 7.70.060(1), and signed by the eligible patient or, if the patient lacks the capacity to consent, his or her legally authorized representative.
(2) Information provided in order to obtain the informed consent must, to the extent possible, include the following:
(a) That the patient has been diagnosed with a serious or immediately life-threatening disease or condition and explains the currently approved products and treatments for the disease or condition from which the eligible patient suffers;
(b) That all currently approved and conventionally recognized treatments are unlikely to prolong the eligible patient's life;
(c) Clear identification of the investigational product that the eligible patient seeks to use;
(d) The potentially best and worst outcomes of using the investigational product and a realistic description of the most likely outcome. This description must include the possibility that new, unanticipated, different, or worse symptoms may result and that death could be hastened by the proposed treatment. The description must be based on the physician's knowledge of the proposed treatment in conjunction with an awareness of the eligible patient's condition;
(e) That the eligible patient's health benefit plan is not obligated to pay for the investigational product or any harm caused to the eligible patient by the investigational product, unless otherwise specifically required to do so by law or contract, and that in order to receive the investigational product the patient may be required to pay the costs of administering the investigational product; and
(f) That the eligible patient is liable for all expenses consequent to the use of the investigational product, except as otherwise provided in the eligible patient's health benefit plan or a contract between the eligible patient and the manufacturer of the investigational product.
(3) The document must be signed and dated by the eligible patient's treating physician and witnessed in writing by at least one adult.
[ 2017 c 212 s 5.]

catchline: Informed consent.


title: RCW 69.77.060

text:
(1) An issuer may, but is not required to, provide coverage for the cost or the administration of an investigational product provided to an eligible patient pursuant to this chapter.
(2)(a) An issuer may deny coverage to an eligible patient who is treated with an investigational product for harm to the eligible patient caused by the investigational product and is not required to cover the costs associated with receiving the investigational product or the costs demonstrated to be associated with an adverse effect that is a result of receiving the investigational product.
(b) Except as stated in (a) of this subsection, an issuer may not deny coverage to an eligible patient for: (i) The eligible patient's serious or immediately life-threatening disease or condition; (ii) benefits that accrued before the day on which the eligible patient was treated with an investigational product; or (iii) palliative or hospice care for an eligible patient who was previously treated with an investigational product but who is no longer being treated with an investigational product.
[ 2017 c 212 s 6.]

catchline: Issuer may provide coverage for cost or administration of investigational product—Denial of coverage.


title: RCW 69.77.070

text:
A hospital or health care facility:
(1) May, but is not required to, allow a health care practitioner who is privileged to practice or who is employed at the hospital or health care facility to treat, administer, or provide an investigational product to an eligible patient under this chapter;
(2) May establish a policy regarding treating, administering, or providing investigational products under this chapter; and
(3) Is not obligated to pay for the investigational product or any harm caused to the eligible patient by the product, or any care that is necessary as a result of the use of the investigational product, including under chapter 70.170 RCW.
[ 2017 c 212 s 7.]

catchline: Hospitals and health care facilities.