Revised Code of Washington
Chapter 69.50 - Uniform Controlled Substances Act.
69.50.308 - Prescriptions.

RCW 69.50.308
Prescriptions.

(a) A controlled substance may be dispensed only as provided in this section. Prescriptions electronically communicated must also meet the requirements under RCW 69.50.312.
(b) Except when dispensed directly by a practitioner authorized to prescribe or administer a controlled substance, other than a pharmacy, to an ultimate user, a substance included in Schedule II may not be dispensed without the written or electronically communicated prescription of a practitioner.
(1) Schedule II narcotic substances may be dispensed by a pharmacy pursuant to a facsimile prescription under the following circumstances:
(i) The facsimile prescription is transmitted by a practitioner to the pharmacy; and
(ii) The facsimile prescription is for a patient in a long-term care facility or a hospice program; and
(iii) The practitioner or the practitioner's agent notes on the facsimile prescription that the patient is a long-term care or hospice patient.
(2) Injectable Schedule II narcotic substances that are to be compounded for patient use may be dispensed by a pharmacy pursuant to a facsimile prescription if the facsimile prescription is transmitted by a practitioner to the pharmacy.
(3) Under (1) and (2) of this subsection the facsimile prescription shall serve as the original prescription and shall be maintained as other Schedule II narcotic substances prescriptions.
(c) In emergency situations, as defined by rule of the commission, a substance included in Schedule II may be dispensed upon oral prescription of a practitioner, reduced promptly to writing and filed by the pharmacy. Prescriptions shall be retained in conformity with the requirements of RCW 69.50.306.
(d) A prescription for a substance included in Schedule II may not be refilled. A prescription for a substance included in Schedule II may not be filled more than six months after the date the prescription was issued.
(e) Except when dispensed directly by a practitioner authorized to prescribe or administer a controlled substance, other than a pharmacy, to an ultimate user, a substance included in Schedule III, IV, or V, which is a prescription drug as determined under RCW 69.04.560, may not be dispensed without a written, oral, or electronically communicated prescription of a practitioner. Any oral prescription must be promptly reduced to writing.
(f) A written, oral, or electronically communicated prescription for a substance included in Schedule III, IV, or V, which is a prescription drug as determined under RCW 69.04.560, for a resident in a long-term care facility or hospice program may be communicated to the pharmacy by an authorized agent of the prescriber. A registered nurse, pharmacist, or physician practicing in a long-term care facility or hospice program may act as the practitioner's agent for purposes of this section, without need for a written agency agreement.
(g) The prescription for a substance included in Schedule III, IV, or V may not be filled or refilled more than six months after the date issued by the practitioner or be refilled more than five times, unless renewed by the practitioner.
(h) A valid prescription or lawful order of a practitioner, in order to be effective in legalizing the possession of controlled substances, must be issued in good faith for a legitimate medical purpose by one authorized to prescribe the use of such controlled substance. An order purporting to be a prescription not in the course of professional treatment is not a valid prescription or lawful order of a practitioner within the meaning and intent of this chapter; and the person who knows or should know that the person is filling such an order, as well as the person issuing it, can be charged with a violation of this chapter.
(i) A substance included in Schedule V must be distributed or dispensed only for a medical purpose.
(j) A practitioner may dispense or deliver a controlled substance to or for an individual or animal only for medical treatment or authorized research in the ordinary course of that practitioner's profession. Medical treatment includes dispensing or administering a narcotic drug for pain, including intractable pain.
(k) No administrative sanction, or civil or criminal liability, authorized or created by this chapter may be imposed on a pharmacist for action taken in reliance on a reasonable belief that an order purporting to be a prescription was issued by a practitioner in the usual course of professional treatment or in authorized research.
(l) An individual practitioner may not dispense a substance included in Schedule II, III, or IV for that individual practitioner's personal use.
(4) [(m)] For the purposes of this section, the terms "long-term care facility" and "hospice program" have the meaning[s] provided in RCW 18.64.011.

[ 2016 c 148 § 8; 2013 c 276 § 3; 2013 c 19 § 103; 2012 c 10 § 46; 2001 c 248 § 1; 1993 c 187 § 19; 1971 ex.s. c 308 § 69.50.308.]
NOTES:

Reviser's note: This section was amended by 2013 c 19 § 103 and by 2013 c 276 § 3, 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).


Application—2012 c 10: See note following RCW 18.20.010.

Structure Revised Code of Washington

Revised Code of Washington

Title 69 - Food, Drugs, Cosmetics, and Poisons

Chapter 69.50 - Uniform Controlled Substances Act.

69.50.101 - Definitions.

69.50.102 - Drug paraphernalia—Definitions.

69.50.201 - Enforcement of chapter—Authority to change schedules of controlled substances.

69.50.202 - Nomenclature.

69.50.203 - Schedule I tests.

69.50.204 - Schedule I.

69.50.205 - Schedule II tests.

69.50.206 - Schedule II.

69.50.207 - Schedule III tests.

69.50.208 - Schedule III.

69.50.209 - Schedule IV tests.

69.50.210 - Schedule IV.

69.50.211 - Schedule V tests.

69.50.212 - Schedule V.

69.50.213 - Republishing of schedules.

69.50.214 - Controlled substance analog.

69.50.301 - Rules—Fees.

69.50.302 - Registration requirements.

69.50.303 - Registration.

69.50.304 - Revocation and suspension of registration—Seizure or placement under seal of controlled substances.

69.50.305 - Procedure for denial, suspension, or revocation of registration.

69.50.306 - Records of registrants.

69.50.308 - Prescriptions.

69.50.309 - Containers.

69.50.310 - Sodium pentobarbital—Registration of humane societies and animal control agencies for use in animal control.

69.50.311 - Triplicate prescription form program—Compliance by health care practitioners.

69.50.312 - Electronic communication of prescription information—Exceptions—Waiver—Penalty—Commission may adopt rules.

69.50.315 - Medical assistance—Drug-related overdose—Prosecution for possession.

69.50.317 - Opioid drugs—Communication with patient.

69.50.320 - Registration of department of fish and wildlife for use in chemical capture programs—Rules.

69.50.325 - Cannabis producer's license, cannabis processor's license, cannabis retailer's license.

69.50.326 - Cannabis producers, processors—Use of additives to enhance CBD concentration of authorized products—Rules.

69.50.327 - Cannabis processors—Incorporation of characterizing flavor in vapor products.

69.50.328 - Cannabis producers, processors—No direct or indirect financial interest in licensed cannabis retailers.

69.50.331 - Application for license.

69.50.334 - Denial of application—Opportunity for hearing.

69.50.335 - Cannabis retailer licenses—Social equity applicants—Rules—Definitions.

69.50.336 - Social equity in cannabis task force.

69.50.339 - Transfer of license to produce, process, or sell cannabis—Reporting of proposed sales of outstanding or issued stock of a corporation.

69.50.342 - State liquor and cannabis board—Rules.

69.50.345 - State liquor and cannabis board—Rules—Procedures and criteria.

69.50.346 - Labels on retail products.

69.50.348 - Representative samples of cannabis, useable cannabis, or cannabis-infused products.

69.50.351 - Board members and employees—Conflict of interest.

69.50.354 - Retail outlet licenses.

69.50.357 - Retail outlets—Rules.

69.50.360 - Cannabis retailers, employees of retail outlets—Certain acts not criminal or civil offenses.

69.50.363 - Cannabis processors, employees—Certain acts not criminal or civil offenses.

69.50.366 - Cannabis producers, employees—Certain acts not criminal or civil offenses.

69.50.369 - Cannabis producers, processors, researchers, retailers—Advertisements—Rules—Penalty.

69.50.372 - Cannabis research license.

69.50.375 - Cannabis retailers—Medical cannabis endorsement.

69.50.378 - Cannabis retailer holding medical cannabis endorsement—THC concentration in products.

69.50.380 - Cannabis producers, processors, retailers prohibited from making certain sales of cannabis, cannabis products.

69.50.382 - Common carriers—Transportation or delivery of cannabis, useable cannabis, cannabis concentrates, immature plants or clones, cannabis seeds, and cannabis-infused products—Employees prohibited from carrying or using firearm during such serv...

69.50.385 - Common carriers—Licensing—State liquor and cannabis board to adopt rules.

69.50.390 - Licensed retailers prohibited from operating vending machines, drive-through purchase facilities for the sale of cannabis products.

69.50.395 - Licensed cannabis businesses, agreements—Disclosure to state liquor and cannabis board.

69.50.401 - Prohibited acts: A—Penalties.

69.50.4011 - Counterfeit substances—Penalties.

69.50.4012 - Delivery of substance in lieu of controlled substance—Penalty.

69.50.4013 - Possession of controlled substance—Penalty—Possession of useable cannabis, cannabis concentrates, or cannabis-infused products—Delivery.

69.50.4014 - Possession of forty grams or less of cannabis—Penalty.

69.50.4015 - Involving a person under eighteen in unlawful controlled substance transaction—Penalty.

69.50.4016 - Provisions not applicable to offenses under RCW 69.50.410.

69.50.402 - Prohibited acts: B—Penalties.

69.50.403 - Prohibited acts: C—Penalties.

69.50.404 - Penalties under other laws.

69.50.405 - Bar to prosecution.

69.50.406 - Distribution to persons under age eighteen.

69.50.407 - Conspiracy.

69.50.408 - Second or subsequent offenses.

69.50.410 - Prohibited acts: D—Penalties.

69.50.412 - Prohibited acts: E—Penalties.

69.50.4121 - Drug paraphernalia—Selling or giving—Penalty.

69.50.413 - Health care practitioners—Suspension of license for violation of chapter.

69.50.414 - Sale or transfer of controlled substance to minor—Cause of action by parent—Damages.

69.50.415 - Controlled substances homicide—Penalty.

69.50.416 - Counterfeit substances prohibited—Penalties.

69.50.420 - Violations—Juvenile driving privileges.

69.50.430 - Additional fine for certain felony violations.

69.50.435 - Violations committed in or on certain public places or facilities—Additional penalty—Defenses—Construction—Definitions.

69.50.438 - Cathinone or methcathinone—Additional fine.

69.50.440 - Possession with intent to manufacture—Penalty.

69.50.445 - Opening package of or consuming cannabis, useable cannabis, cannabis-infused products, or cannabis concentrates in view of general public or public place—Penalty.

69.50.450 - Butane or other explosive gases.

69.50.455 - Synthetic cannabinoids—Unfair or deceptive practice under RCW 19.86.020.

69.50.460 - Cathinone or methcathinone—Unfair or deceptive practice under RCW 19.86.020.

69.50.465 - Conducting or maintaining cannabis club—Penalty.

69.50.470 - Medication disposal, no penalty for compliance.

69.50.475 - Cannabis retail outlets—Sale to persons under the age of twenty-one—Penalty.

69.50.500 - Powers of enforcement personnel.

69.50.501 - Administrative inspections.

69.50.502 - Warrants for administrative inspections.

69.50.503 - Injunctions.

69.50.504 - Cooperative arrangements.

69.50.505 - Seizure and forfeiture.

69.50.506 - Burden of proof; liabilities.

69.50.507 - Judicial review.

69.50.508 - Education and research.

69.50.509 - Search and seizure of controlled substances.

69.50.510 - Search and seizure at rental premises—Notification of landlord.

69.50.511 - Cleanup of hazardous substances at illegal drug manufacturing facility—Rules.

69.50.515 - Pharmacies—Cannabis—Notification and disposal.

69.50.525 - Diversion prevention and control—Report.

69.50.530 - Dedicated cannabis account (as amended by 2022 c 16).

69.50.535 - Cannabis excise tax—State liquor and cannabis board to review tax level—Reports—State and federal antitrust laws.

69.50.540 - Dedicated cannabis account—Appropriations (as amended by 2022 c 16).

69.50.550 - Cost-benefit evaluations.

69.50.555 - Taxes, fees, assessments, charges—Commercial activities covered by cannabis agreement between state and tribe.

69.50.560 - Controlled purchase programs—Persons under age twenty-one—Violation—Criminal penalty—Exceptions.

69.50.561 - Advice and consultation services—Licensed cannabis businesses.

69.50.562 - Licensed cannabis businesses—Written warnings—Waiver of sanctions with no relationship to public safety—Compliance program—Penalties—Rules.

69.50.563 - Licensed cannabis businesses—Civil penalty—Rules.

69.50.564 - Licensed cannabis businesses—Settlement agreement.

69.50.565 - Unpaid trust fund taxes—Limited liability business entities—Liability of responsible individuals—Administrative hearing.

69.50.570 - Bundled transactions—Retail sales—Subject to tax—Exception.

69.50.575 - Cannabis health and beauty aids.

69.50.580 - Applicants for cannabis producer's, processor's, researcher's, or retailer's licenses—Signage—Public notice requirements.

69.50.585 - Branded promotional items—Nominal value—Personal services.

69.50.587 - Cannabis science task force reports—Board rules.

69.50.601 - Pending proceedings.

69.50.602 - Continuation of rules.

69.50.603 - Uniformity of interpretation.

69.50.604 - Short title.

69.50.608 - State preemption.

69.50.700 - Expedited rule making.

69.50.710 - Federal law—"Marijuana" to refer to "cannabis."