(1) It shall be unlawful for any person to sell, deliver, or possess any legend drug except upon the order or prescription of a physician under chapter 18.71
RCW, an osteopathic physician and surgeon under chapter 18.57
RCW, an optometrist licensed under chapter 18.53
RCW who is certified by the optometry board under RCW 18.53.010
, a dentist under chapter 18.32
RCW, a podiatric physician and surgeon under chapter 18.22
RCW, a veterinarian under chapter 18.92
RCW, a commissioned medical or dental officer in the United States armed forces or public health service in the discharge of his or her official duties, a duly licensed physician or dentist employed by the veterans administration in the discharge of his or her official duties, a registered nurse or advanced registered nurse practitioner under chapter 18.79
RCW when authorized by the nursing care quality assurance commission, a pharmacist licensed under chapter 18.64
RCW to the extent permitted by drug therapy guidelines or protocols established under RCW 18.64.011
and authorized by the *board of pharmacy and approved by a practitioner authorized to prescribe drugs, an osteopathic physician assistant under chapter 18.57A
RCW when authorized by the board of osteopathic medicine and surgery, a physician assistant under chapter 18.71A
RCW when authorized by the medical quality assurance commission, or any of the following professionals in any province of Canada that shares a common border with the state of Washington or in any state of the United States: A physician licensed to practice medicine and surgery or a physician licensed to practice osteopathic medicine and surgery, a dentist licensed to practice dentistry, a podiatric physician and surgeon licensed to practice podiatric medicine and surgery, a licensed advanced registered nurse practitioner, a licensed physician assistant, a licensed osteopathic physician assistant, or a veterinarian licensed to practice veterinary medicine: PROVIDED, HOWEVER, That the above provisions shall not apply to sale, delivery, or possession by drug wholesalers or drug manufacturers, or their agents or employees, or to any practitioner acting within the scope of his or her license, or to a common or contract carrier or warehouse operator, or any employee thereof, whose possession of any legend drug is in the usual course of business or employment: PROVIDED FURTHER, That nothing in this chapter or chapter 18.64
RCW shall prevent a family planning clinic that is under contract with the health care authority from selling, delivering, possessing, and dispensing commercially prepackaged oral contraceptives prescribed by authorized, licensed health care practitioners.
(b) A violation of this section involving possession is a misdemeanor.
[2013 c 71 § 1; 2013 c 12 § 1. Prior: 2011 1st sp.s. c 15 § 79; 2011 c 336 § 837; 2010 c 83 § 1; prior: 2003 c 142 § 3; 2003 c 53 § 323; 1996 c 178 § 17; 1994 sp.s. c 9 § 737; 1991 c 30 § 1; 1990 c 219 § 2; 1987 c 144 § 1; 1981 c 120 § 1; 1979 ex.s. c 139 § 2; 1977 c 69 § 1; 1973 1st ex.s. c 186 § 3.]