Prescribing psychologists

AN ACT Relating to establishing a prescribing psychologist 1
certification in Washington state; amending RCW 18.83.010, 18.83.035, 2
18.83.050, 18.83.050, 18.83.080, 18.83.080, 18.83.090, 18.79.260, 3
18.79.260, and 69.50.101; reenacting and amending RCW 18.64.011; 4
adding new sections to chapter 18.83 RCW; creating a new section; 5
providing effective dates; and providing expiration dates.6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:7
NEW SECTION. Sec. 1. The legislature finds that:8
(1) One in five adults in Washington experience a mental illness 9
each year; 10
(2) More than half of people with a mental health condition did 11
not receive any treatment in the last year; 12
(3) The association of American medical colleges forecasts a 13
long-term and persistent shortage of doctors, including specialty 14
providers, in a 2021 report; 15
(4) Other states, the department of defense, and the Indian 16
health service have all successfully credentialed prescribing 17
psychologists to safely prescribe psychotropic medications; and18
(5) Washington residents will benefit from increased access and 19
decreased costs by creating a new credential for prescribing 20
psychology. 21
S-0228.1
SENATE BILL 5112
State of Washington 69th Legislature 2025 Regular Session
By Senators Bateman, Harris, Shewmake, Trudeau, Conway, Nobles,
Riccelli, C. Wilson, Robinson, and Hasegawa
Prefiled 12/23/24. Read first time 01/13/25. Referred to Committee
on Health & Long-Term Care.
p. 1 SB 5112
Sec. 2. RCW 18.83.010 and 1994 c 35 s 1 are each amended to read 1
as follows: 2
((When used in this chapter:3
(1) The "practice )) The definitions in this section apply 4
throughout this chapter unless the context clearly requires 5
otherwise.6
(1) "Board" means the examining board of psychology.7
(2) "Clinical experience" means a period of supervised clinical 8
training and practice conducted as part of a training program in 9
which clinical diagnoses and interventions are learned.10
(3) "Department" means the department of health.11
(4) "Practice of psychology" means the observation, evaluation, 12
interpretation, and modification of human behavior by the application 13
of psychological principles, methods, and procedures for the purposes 14
of preventing or eliminating symptomatic or maladaptive behavior and 15
promoting mental and behavioral health. It includes, but is not 16
limited to, providing the following services to individuals, 17
families, groups, organizations, and the public, whether or not 18
payment is received for services rendered: 19
(a) Psychological measurement, assessment, and evaluation by 20
means of psychological, neuropsychological, and psychoeducational 21
testing; 22
(b) Diagnosis and treatment of mental, emotional, and behavioral 23
disorders, and psychological aspects of illness, injury, and 24
disability; and 25
(c) Counseling and guidance, psychotherapeutic techniques, 26
remediation, health promotion, and consultation within the context of 27
established psychological principles and theories.28
This definition does not include the teaching of principles of 29
psychology for accredited educational institutions, or the conduct of 30
research in problems of human or animal behavior. 31
Nothing in this definition shall be construed as permitting the 32
administration or prescribing of drugs except as allowed in this 33
chapter or in any way infringing upon the practice of medicine and 34
surgery as defined in chapter 18.71 RCW. 35
(((2))) (5) "Prescribing psychologist" means a person who holds 36
an active license to engage in the practice of psychology under this 37
chapter and an active certificate as a prescribing psychologist under 38
section 3 of this act, and is limited by the restrictions under 39
section 4 of this act.40
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(6) "Prescription" has the same meaning as defined in RCW 1
18.64.011.2
(7) "Prescriptive authority" means the authority of a prescribing 3
psychologist to prescribe, administer, discontinue, and distribute 4
psychotropic medications recognized or customarily used in the 5
diagnosis, treatment, and management of individuals with psychiatric, 6
mental, cognitive, nervous, emotional, developmental, or behavioral 7
disorders identified in the most recent edition of a widely accepted 8
classification system of mental disorders, as identified by the 9
secretary. The term includes ordering and obtaining necessary 10
laboratory tests, procedures, imaging, and diagnostic examinations.11
(8) "Psychotropic medication" means substances recognized as 12
drugs, including controlled substances used to treat mental 13
illnesses, in the official United States pharmacopoeia, official 14
homeopathic pharmacopeia of the United States, official national 15
formulary, or any respective supplement to those publications.16
(9) "Secretary" means the secretary of health.17
(((3) "Board" means the examining board of psychology.18
(4) "Department" means the department of health.))19
NEW SECTION. Sec. 3. A new section is added to chapter 18.83 20
RCW to read as follows: 21
(1) A psychologist licensed under this chapter may apply for 22
certification as a prescribing psychologist. 23
(2) The board shall certify an applicant as a prescribing 24
psychologist if the applicant demonstrates to the board, by official 25
transcript or other official evidence satisfactory to the board, that 26
the applicant: 27
(a) Holds a current license as a psychologist under this chapter;28
(b) Holds a doctorate degree obtained from an integrated program 29
of graduate study in psychology, as defined in rule by the board;30
(c) Has successfully completed a designated master's degree 31
program in clinical psychopharmacology that meets the criteria 32
established in subsection (3) of this section; 33
(d) Has successfully completed at least 80 hours of supervised 34
clinical experience in physical assessment, including physical 35
examinations with instruction in the proper use of instruments used 36
in physical examination, supervised by a medical provider licensed to 37
conduct independent physical assessments; 38
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(e) Has successfully completed a clinical prescribing fellowship 1
under the supervision of a qualified supervisor including clinical 2
experience sufficient to attain competency in the 3
psychopharmacological treatment of a diverse patient population, to 4
be comprised of no less than 500 hours and 100 individual patients. 5
Qualified supervisors are licensed health care providers with 6
specialized training and experience in the management of psychotropic 7
medication who are licensed in Washington state or pursuant to a 8
substantially equivalent licensing provision of the law of another 9
state, as established by the board, including physicians, osteopathic 10
physicians, psychiatric nurse practitioners, or prescribing 11
psychologists; and 12
(f) Has passed an examination relevant to establishing competence 13
for prescribing as developed by a nationally recognized organization 14
and approved by the board. 15
(3) A designated master's degree program in clinical 16
psychopharmacology must be an accredited program within a regionally 17
accredited institution of higher education approved by the United 18
States department of education, satisfy requirements for designation 19
established by the board, and be substantially equivalent to the 20
training required of advanced practice psychiatric nurses. The board 21
may use the standards of an association which publishes relevant 22
education and training program standards such as the American 23
psychological association. The didactic portion of the program shall 24
include at least two years of education, a minimum of 400 contact 25
hours, or the equivalent thereof, and include sufficient biomedical 26
education to ensure the necessary knowledge and skills to prescribe 27
psychotropic medications in a safe and effective manner, including 28
but not limited to: 29
(a) Science prerequisites, including human anatomy and human 30
physiology, and a course in biology; 31
(b) Basic science, including human anatomy, human physiology, 32
biochemistry, and genetics; 33
(c) Functional neuroscience, including neuroanatomy, 34
neurophysiology, and neurochemistry; 35
(d) Physical examinations, including the measurement and 36
interpretation of vital signs and neurological, cardiovascular, 37
respiratory, abdominal, eye, ear, nose, throat, gastrointestinal, 38
genitourinary, integumentary, allergic and immunologic, and 39
musculoskeletal examinations; 40
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(e) Interpretation of laboratory tests, including therapeutic 1
drug monitoring, blood and urine tests, radiology, electrocardiogram, 2
brain electrophysiology, neuroimaging techniques, and applied 3
genetics; 4
(f) Pathological basis of disease, including pathophysiology of 5
common clinical cardiovascular, respiratory, gastrointestinal, 6
hepatic, neurological, and endocrine conditions; 7
(g) Clinical medicine, including clinical manifestations, 8
differential diagnosis, laboratory or radiological evaluation of 9
commonly encountered medical conditions such as patients with complex 10
medical needs and comorbidities, and medical emergencies and their 11
management; 12
(h) Clinical neurotherapeutics, including electrophysiology, 13
electroconvulsive therapy, and noninvasive interventions, such as 14
transcranial magnetic stimulation, neurofeedback, and biofeedback;15
(i) Systems of care, including coordination of care with other 16
medical specialties, consultations and referrals, and coordination 17
and consultation in long-term care; 18
(j) Pharmacology, including pharmacokinetics and drug delivery 19
systems, pharmacodynamics, neuropharmacology, toxicology, and 20
mechanisms of medication interactions; 21
(k) Clinical pharmacology, including major drug classes and 22
nutritional supplements; 23
(l) Psychopharmacology, including sedatives and hypnotics, 24
antidepressants, antipsychotics, mood stabilizers, anxiolytics, 25
stimulants, medications for substance use disorders, medications for 26
drug adverse effects, pediatric psychopharmacology, geriatric 27
psychopharmacology, medications for cognitive impairment and 28
polypharmacy, issues of diversity and cultural competence in 29
pharmacological practice, clinical decision making and standard 30
practice guidelines, and guidelines for prescribing controlled 31
substances; 32
(m) Psychopharmacology research, including phases of drug 33
development, clinical trials in psychiatry, and critical evaluation 34
of evidence; and 35
(n) Professional, ethical, and legal issues, including conflicts 36
of interest and relationships with the industry, scope of practice 37
issues, diversity and equity issues related to treatment access and 38
adherence, and documentation issues, including nomenclature, 39
abbreviations, and prescription writing. 40
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(4) The board may waive certain requirements for applicants who 1
have obtained relevant training and experience, including 2
psychologists who are dually licensed as physicians, nurse 3
practitioners, or other health professionals with comparable 4
prescriptive authority in Washington. 5
(5) The board may offer a certificate in prescriptive authority 6
by endorsement to an applicant who has a current and unrestricted 7
license to practice psychology and either a current and unrestricted 8
certificate in prescriptive authority from another state, or training 9
from the United States department of defense demonstration project or 10
other similar program developed and operated by any branch of the 11
armed forces that imposes substantially equivalent educational and 12
training requirements as those contained in this chapter and required 13
by the board. Upon payment of the required fees, compliance with 14
relevant statutory provisions, and the approval of the application, 15
the applicant may be certified by endorsement pursuant to this 16
chapter. The board may consider an applicant's experience in 17
prescribing in another state as meeting a portion of the requirements 18
necessary to obtain provisional certification or certification under 19
this chapter, but also shall require additional education and 20
supervision if the board deems it necessary to meet the education and 21
training requirements imposed by this chapter. 22
(6) A certificate issued under this section may be renewed in 23
accordance with RCW 18.83.090. 24
(7) The secretary shall establish the administrative procedures, 25
administrative requirements, and fees for the certificate as provided 26
in RCW 43.70.250 and 43.70.280. 27
NEW SECTION. Sec. 4. A new section is added to chapter 18.83 28
RCW to read as follows: 29
(1) The prescriptive authority of a prescribing psychologist is 30
limited to prescribing, administering, discontinuing, and 31
distributing psychotropic medications recognized or customarily used 32
in the diagnosis, treatment, and management of individuals with 33
psychiatric, mental, cognitive, nervous, emotional, developmental, or 34
behavioral disorders identified in the most recent edition of a 35
widely accepted classification system of mental disorders, as 36
identified by the secretary. A prescribing psychologist may order and 37
obtain necessary laboratory tests, procedures, imaging, and 38
diagnostic examinations necessary to exercise this prescriptive 39
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authority. A psychologist who is not a prescribing psychologist may 1
not exercise this prescriptive authority. 2
(2) When prescribing psychotropic medication for a patient, a 3
prescribing psychologist must maintain an ongoing collaborative 4
relationship with a health care practitioner who oversees the 5
patient's general medical care to ensure that necessary medical 6
examinations are conducted and that the psychotropic medication is 7
appropriate for the patient's medical condition. The prescribing 8
psychologist and the health care practitioner must coordinate the 9
patient's ongoing care. 10
(3) A prescribing psychologist may not prescribe opioid 11
medications except for medications appropriate for treatment of an 12
opioid use disorder which are prescribed for the purpose of treatment 13
of such a disorder. 14
(4) Each prescription issued by a prescribing psychologist must 15
comply with applicable state and federal laws and regulations and be 16
identified as written by the prescribing psychologist in a manner 17
determined by the board. 18
(5) A prescribing psychologist shall ensure that a record of all 19
prescriptions made by the prescribing psychologist is maintained in 20
the patient's record. 21
(6) A prescribing psychologist may not delegate the authority to 22
prescribe drugs or controlled substances to any other person.23
Sec. 5. RCW 18.83.035 and 2022 c 240 s 10 are each amended to 24
read as follows: 25
There is created the examining board of psychology which shall 26
examine the qualifications of applicants for licensing. The board 27
shall consist of nine psychologists , one expert on psychiatric 28
prescribing, and two public members, all appointed by the governor. 29
The public members shall not be and have never been psychologists or 30
in training to be psychologists; they may not have any household 31
member who is a psychologist or in training to be a psychologist; 32
they may not participate or ever have participated in a commercial or 33
professional field related to psychology, nor have a household member 34
who has so participated; and they may not have had within two years 35
before appointment a substantial financial interest in a person 36
regulated by the board. Each psychologist member of the board shall 37
have actively practiced psychology in the state of Washington for at 38
least three years immediately preceding appointment and ((who is)) be 39
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licensed under this chapter. The member who is an expert on 1
psychiatric prescribing must have specialized training and experience 2
in the management of psychotropic medication and be a prescribing 3
psychologist, physician, osteopathic physician with special knowledge 4
of psychopharmacology, psychiatric nurse practitioner, or pharmacist 5
with expertise in psychopharmacology. Board members shall be 6
appointed for a term of five years, except that the terms of the 7
existing appointees shall be adjusted by the governor so that no more 8
than two members' terms expire each year with all subsequent 9
appointments for a five-year term. Upon the death, resignation, or 10
removal of a member, the governor shall appoint a successor to serve 11
for the unexpired term. The board shall elect one of its members to 12
serve as chairperson. 13
Sec. 6. RCW 18.83.050 and 2024 c 371 s 3 are each amended to 14
read as follows: 15
(1) The board shall adopt such rules as it deems necessary to 16
carry out its functions. 17
(2) The board shall examine the qualifications of applicants for 18
licensing under this chapter, to determine which applicants are 19
eligible for licensing under this chapter and shall forward to the 20
secretary the names of applicants so eligible. 21
(3) The board shall administer examinations to qualified 22
applicants on at least an annual basis. The board shall determine the 23
subject matter and scope of the examination, except as provided in 24
RCW 18.83.170. The board may allow applicants to take the examination 25
upon the granting of their doctoral degree before completion of their 26
internship for supervised experience. 27
(4) The board shall:28
(a) Develop and implement procedures for reviewing the education 29
and training credentials of applicants for certification as a 30
prescribing psychologist;31
(b) Adopt rules, in consultation with the Washington medical 32
commission, to establish standards for the certification of 33
prescribing psychologists in accordance with section 3 of this act 34
and for their exercise of prescriptive authority under this chapter; 35
and36
(c) Adopt rules for denying, modifying, suspending, or revoking 37
the certification of a prescribing psychologist. The board may 38
require remediation of any deficiencies in the training or practice 39
p. 8 SB 5112
pattern of the prescribing psychologist when, in the judgment of the 1
board, such deficiencies could reasonably be expected to jeopardize 2
the health, safety, or welfare of the public. 3
(5) The board shall maintain a current list of each prescribing 4
psychologist's license and certification numbers.5
(6) The board shall keep a complete record of its own 6
proceedings, of the questions given in examinations, of the names and 7
qualifications of all applicants, and the names and addresses of all 8
licensed psychologists and licensed psychological associates. The 9
examination paper of such applicant shall be kept on file for a 10
period of at least one year after examination. 11
(((5))) (7) The board shall, by rule, adopt a code of ethics for 12
psychologists and licensed psychological associates which is designed 13
to protect the public interest. 14
(((6))) (8) The board may require that persons licensed under 15
this chapter as psychologists or licensed psychological associates 16
obtain and maintain professional liability insurance in amounts 17
determined by the board to be practicable and reasonably available.18
Sec. 7. RCW 18.83.050 and 2024 c 371 s 3 are each amended to 19
read as follows: 20
(1) The board shall adopt such rules as it deems necessary to 21
carry out its functions. 22
(2) The board shall examine the qualifications of applicants for 23
licensing under this chapter, to determine which applicants are 24
eligible for licensing under this chapter and shall forward to the 25
secretary the names of applicants so eligible. 26
(3) The board shall administer examinations to qualified 27
applicants on at least an annual basis. The board shall determine the 28
subject matter and scope of the examination, except as provided in 29
RCW 18.83.170. The board may allow applicants to take the examination 30
upon the granting of their doctoral degree before completion of their 31
internship for supervised experience. 32
(4) The board shall:33
(a) Develop and implement procedures for reviewing the education 34
and training credentials of applicants for certification as a 35
prescribing psychologist;36
(b) Adopt rules, in consultation with the Washington medical 37
commission, to establish standards for the certification of 38
prescribing psychologists in accordance with section 3 of this act 39
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and for their exercise of prescriptive authority under this chapter; 1
and 2
(c) Adopt rules for denying, modifying, suspending, or revoking 3
the certification of a prescribing psychologist. The board may 4
require remediation of any deficiencies in the training or practice 5
pattern of the prescribing psychologist when, in the judgment of the 6
board, such deficiencies could reasonably be expected to jeopardize 7
the health, safety, or welfare of the public.8
(5) The board shall maintain a current list of each prescribing 9
psychologist's license and certification numbers.10
(6) The board shall keep a complete record of its own 11
proceedings, of the questions given in examinations, of the names and 12
qualifications of all applicants, and the names and addresses of all 13
licensed psychologists. The examination paper of such applicant shall 14
be kept on file for a period of at least one year after examination.15
(((5))) (7) The board shall, by rule, adopt a code of ethics for 16
psychologists which is designed to protect the public interest.17
(((6))) (8) The board may require that persons licensed under 18
this chapter as psychologists obtain and maintain professional 19
liability insurance in amounts determined by the board to be 20
practicable and reasonably available. 21
Sec. 8. RCW 18.83.080 and 1996 c 191 s 66 are each amended to 22
read as follows: 23
The board shall forward to the secretary the name of each 24
applicant entitled to a license or certificate under this chapter. 25
The secretary shall promptly issue to such applicant a license 26
authorizing such applicant to use the title "psychologist" ((.)) or a 27
certificate authorizing the applicant to use the title "prescribing 28
psychologist." Each licensed psychologist shall keep his or her 29
license and, if applicable, prescribing psychologist certificate 30
displayed in a conspicuous place in his or her principal place of 31
business. 32
Sec. 9. RCW 18.83.080 and 2024 c 371 s 4 are each amended to 33
read as follows: 34
The board shall forward to the secretary the name of each 35
applicant entitled to a license or certificate under this chapter. 36
The secretary shall promptly issue to such applicant a license 37
authorizing such applicant to use the title "psychologist" or 38
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"licensed psychological associate ((.))" or a certificate authorizing 1
the applicant to use the title "prescribing psychologist." Each 2
licensed psychologist or licensed psychological associate shall keep 3
his or her license and, if applicable, prescribing psychologist 4
certificate displayed in a conspicuous place in his or her principal 5
place of business. 6
Sec. 10. RCW 18.83.090 and 2009 c 492 s 6 are each amended to 7
read as follows: 8
(1) The board shall establish rules governing mandatory 9
continuing education requirements which shall be met by any 10
psychologist applying for a license or prescribing psychologist 11
certificate renewal. 12
(2) The office of crime victims advocacy shall supply the board 13
with information on methods of recognizing victims of human 14
trafficking, what services are available for these victims, and where 15
to report potential trafficking situations. The information supplied 16
must be culturally sensitive and must include information relating to 17
minor victims. The board shall disseminate this information to 18
licensees by: Providing the information on the board's website; 19
including the information in newsletters; holding trainings at 20
meetings attended by organization members; or ((through another )) 21
using other distribution method s determined by the board. The board 22
shall report to the office of crime victims advocacy on the method or 23
methods it uses to distribute information under this subsection.24
(3) Administrative procedures, administrative requirements, and 25
fees for renewal and reissue of licenses and certificates shall be 26
established as provided in RCW 43.70.250 and 43.70.280.27
(4)(a) The board shall establish rules for the renewal of a 28
prescribing psychologist certificate issued under section 3 of this 29
act at the time of the renewal of the psychologist's license to 30
practice psychology.31
(b) Each applicant for renewal of a prescribing psychologist 32
certificate shall present satisfactory evidence to the board 33
demonstrating the completion of continuing education instruction 34
relevant to prescriptive authority during the previous three-year 35
renewal period.36
Sec. 11. RCW 18.64.011 and 2024 c 121 s 30 are each reenacted 37
and amended to read as follows: 38
p. 11 SB 5112
The definitions in this section apply throughout this chapter 1
unless the context clearly requires otherwise. 2
(1) "Administer" means the direct application of a drug or 3
device, whether by injection, inhalation, ingestion, or any other 4
means, to the body of a patient or research subject.5
(2) "Business licensing system" means the mechanism established 6
by chapter 19.02 RCW by which business licenses, endorsed for 7
individual state-issued licenses, are issued and renewed utilizing a 8
business license application and a business license expiration date 9
common to each renewable license endorsement. 10
(3) "Chart order" means a lawful order for a drug or device 11
entered on the chart or medical record of an inpatient or resident of 12
an institutional facility by a practitioner or his or her designated 13
agent. 14
(4) "Closed door long-term care pharmacy" means a pharmacy that 15
provides pharmaceutical care to a defined and exclusive group of 16
patients who have access to the services of the pharmacy because they 17
are treated by or have an affiliation with a long-term care facility 18
or hospice program, and that is not a retailer of goods to the 19
general public. 20
(5) "Commission" means the pharmacy quality assurance commission.21
(6) "Compounding" means the act of combining two or more 22
ingredients in the preparation of a prescription. Reconstitution and 23
mixing of (a) sterile products according to federal food and drug 24
administration-approved labeling does not constitute compounding if 25
prepared pursuant to a prescription and administered immediately or 26
in accordance with package labeling, and (b) nonsterile products 27
according to federal food and drug administration-approved labeling 28
does not constitute compounding if prepared pursuant to a 29
prescription. 30
(7) "Controlled substance" means a drug or substance, or an 31
immediate precursor of such drug or substance, so designated under or 32
pursuant to the provisions of chapter 69.50 RCW. 33
(8) "Deliver" or "delivery" means the actual, constructive, or 34
attempted transfer from one person to another of a drug or device, 35
whether or not there is an agency relationship. 36
(9) "Department" means the department of health.37
(10) "Device" means instruments, apparatus, and contrivances, 38
including their components, parts, and accessories, intended (a) for 39
use in the diagnosis, cure, mitigation, treatment, or prevention of 40
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disease in human beings or other animals, or (b) to affect the 1
structure or any function of the body of human beings or other 2
animals. 3
(11) "Directed plan of correction" means a plan devised by the 4
commission that includes specific actions that must be taken to 5
correct identified unresolved deficiencies with time frames to 6
complete them. 7
(12) "Dispense" means the interpretation of a prescription or 8
order for a drug, biological, or device and, pursuant to that 9
prescription or order, the proper selection, measuring, compounding, 10
labeling, or packaging necessary to prepare that prescription or 11
order for delivery. 12
(13) "Distribute" means the delivery of a drug or device other 13
than by administering or dispensing. 14
(14) "Drug" and "devices" do not include surgical or dental 15
instruments or laboratory materials, gas and oxygen, therapy 16
equipment, X-ray apparatus or therapeutic equipment, their component 17
parts or accessories, or equipment, instruments, apparatus, or 18
contrivances used to render such articles effective in medical, 19
surgical, or dental treatment, or for use or consumption in or for 20
mechanical, industrial, manufacturing, or scientific applications or 21
purposes. "Drug" also does not include any article or mixture covered 22
by the Washington pesticide control act ( chapter 15.58 RCW), as 23
enacted or hereafter amended, nor medicated feed intended for and 24
used exclusively as a feed for animals other than human beings.25
(15) "Drugs" means: 26
(a) Articles recognized in the official United States 27
pharmacopoeia or the official homeopathic pharmacopoeia of the United 28
States; 29
(b) Substances intended for use in the diagnosis, cure, 30
mitigation, treatment, or prevention of disease in human beings or 31
other animals; 32
(c) Substances (other than food) intended to affect the structure 33
or any function of the body of human beings or other animals; or34
(d) Substances intended for use as a component of any substances 35
specified in (a), (b), or (c) of this subsection, but not including 36
devices or their component parts or accessories. 37
(16) "Health care entity" means an organization that provides 38
health care services in a setting that is not otherwise licensed by 39
the state to acquire or possess legend drugs. Health care entity 40
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includes a freestanding outpatient surgery center, a residential 1
treatment facility, and a freestanding cardiac care center. "Health 2
care entity" does not include an individual practitioner's office or 3
a multipractitioner clinic, regardless of ownership, unless the owner 4
elects licensure as a health care entity. "Health care entity" also 5
does not include an individual practitioner's office or 6
multipractitioner clinic identified by a hospital on a pharmacy 7
application or renewal pursuant to RCW 18.64.043. 8
(17) "Hospice program" means a hospice program certified or paid 9
by medicare under Title XVIII of the federal social security act, or 10
a hospice program licensed under chapter 70.127 RCW.11
(18) "Immediate jeopardy" means a situation in which a licensee's 12
noncompliance with one or more statutory or regulatory requirements 13
has placed the health and safety of individuals or animals at risk 14
for serious injury, serious harm, serious impairment, or death.15
(19) "Institutional facility" means any organization whose 16
primary purpose is to provide a physical environment for patients to 17
obtain health care services including, but not limited to, services 18
in a hospital, long-term care facility, hospice program, mental 19
health facility, drug abuse treatment center, residential 20
habilitation center, or a local, state, or federal correction 21
facility. 22
(20) "Labeling" means the process of preparing and affixing a 23
label to any drug or device container. The label must include all 24
information required by current federal and state law and pharmacy 25
rules. 26
(21) "Legend drugs" means any drugs which are required by any 27
applicable federal or state law or regulation to be dispensed on 28
prescription only or are restricted to use by practitioners only.29
(22) "License," "licensing," and "licensure" shall be deemed 30
equivalent to the terms "approval," "credential," "certificate," 31
"certification," "permit," and "registration" and an "exemption" 32
issued under chapter 69.50 RCW. 33
(23) "Long-term care facility" means a nursing home licensed 34
under chapter 18.51 RCW, an assisted living facility licensed under 35
chapter 18.20 RCW, or an adult family home licensed under chapter 36
70.128 RCW. 37
(24) "Manufacture" means the production, preparation, 38
propagation, compounding, or processing of a drug or other substance 39
or device or the packaging or repackaging of such substance or 40
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device, or the labeling or relabeling of the commercial container of 1
such substance or device, but does not include the activities of a 2
practitioner who, as an incident to his or her administration or 3
dispensing such substance or device in the course of his or her 4
professional practice, personally prepares, compounds, packages, or 5
labels such substance or device. "Manufacture" includes the 6
distribution of a licensed pharmacy compounded drug product to other 7
state licensed persons or commercial entities for subsequent resale 8
or distribution, unless a specific product item has approval of the 9
commission. The term does not include: 10
(a) The activities of a licensed pharmacy that compounds a 11
product on or in anticipation of an order of a licensed practitioner 12
for use in the course of their professional practice to administer to 13
patients, either personally or under their direct supervision;14
(b) The practice of a licensed pharmacy when repackaging 15
commercially available medication in small, reasonable quantities for 16
a practitioner legally authorized to prescribe the medication for 17
office use only; 18
(c) The distribution of a drug product that has been compounded 19
by a licensed pharmacy to other appropriately licensed entities under 20
common ownership or control of the facility in which the compounding 21
takes place; or 22
(d) The delivery of finished and appropriately labeled compounded 23
products dispensed pursuant to a valid prescription to alternate 24
delivery locations, other than the patient's residence, when 25
requested by the patient, or the prescriber to administer to the 26
patient, or to another licensed pharmacy to dispense to the patient.27
(25) "Manufacturer" means a person, corporation, or other entity 28
engaged in the manufacture of drugs or devices. 29
(26) "Nonlegend" or "nonprescription" drugs means any drugs which 30
may be lawfully sold without a prescription. 31
(27) "Person" means an individual, corporation, government, 32
governmental subdivision or agency, business trust, estate, trust, 33
partnership or association, or any other legal entity.34
(28) "Pharmacist" means a person duly licensed by the commission 35
to engage in the practice of pharmacy. 36
(29) "Pharmacy" means every place properly licensed by the 37
commission where the practice of pharmacy is conducted.38
(30) "Plan of correction" means a proposal devised by the 39
applicant or licensee that includes specific actions that must be 40
p. 15 SB 5112
taken to correct identified unresolved deficiencies with the time 1
frames to complete them. 2
(31) "Poison" does not include any article or mixture covered by 3
the Washington pesticide control act ( chapter 15.58 RCW), as enacted 4
or hereafter amended. 5
(32) "Practice of pharmacy" includes the practice of and 6
responsibility for: Interpreting prescription orders; the 7
compounding, dispensing, labeling, administering, and distributing of 8
drugs and devices; the monitoring of drug therapy and use; the 9
initiating or modifying of drug therapy in accordance with written 10
guidelines or protocols previously established and approved for his 11
or her practice by a practitioner authorized to prescribe drugs; the 12
participating in drug utilization reviews and drug product selection; 13
the proper and safe storing and distributing of drugs and devices and 14
maintenance of proper records thereof; the providing of information 15
on legend drugs which may include, but is not limited to, the 16
advising of therapeutic values, hazards, and the uses of drugs and 17
devices. 18
(33) "Practitioner" means a physician, dentist, veterinarian, 19
nurse, prescribing psychologist, or other person duly authorized by 20
law or rule in the state of Washington to prescribe drugs.21
(34) "Prescription" means an order for drugs or devices issued by 22
a practitioner duly authorized by law or rule in the state of 23
Washington to prescribe drugs or devices in the course of his or her 24
professional practice for a legitimate medical purpose.25
(35) "Secretary" means the secretary of health or the secretary's 26
designee. 27
(36) "Shared pharmacy services" means a system that allows a 28
participating pharmacist or pharmacy pursuant to a request from 29
another participating pharmacist or pharmacy to process or fill a 30
prescription or drug order, which may include but is not necessarily 31
limited to preparing, packaging, labeling, data entry, compounding 32
for specific patients, dispensing, performing drug utilization 33
reviews, conducting claims adjudication, obtaining refill 34
authorizations, reviewing therapeutic interventions, or reviewing 35
chart orders. 36
(37) "Statement of deficiency" means a written statement of the 37
deficiencies prepared by the commission, or its designee, identifying 38
one or more violations of law. The report clearly identifies the 39
p. 16 SB 5112
specific law or rule that has been violated along with a description 1
of the reasons for noncompliance. 2
(38) "Wholesaler" means a corporation, individual, or other 3
entity which buys drugs or devices for resale and distribution to 4
corporations, individuals, or entities other than consumers.5
Sec. 12. RCW 18.79.260 and 2022 c 14 s 2 are each amended to 6
read as follows: 7
(1) A registered nurse under his or her license may perform for 8
compensation nursing care, as that term is usually understood, to 9
individuals with illnesses, injuries, or disabilities.10
(2) A registered nurse may, at or under the general direction of 11
a licensed physician and surgeon, dentist, osteopathic physician and 12
surgeon, naturopathic physician, optometrist, podiatric physician and 13
surgeon, physician assistant, advanced registered nurse practitioner, 14
prescribing psychologist, or midwife acting within the scope of his 15
or her license, administer medications, treatments, tests, and 16
inoculations, whether or not the severing or penetrating of tissues 17
is involved and whether or not a degree of independent judgment and 18
skill is required. Such direction must be for acts which are within 19
the scope of registered nursing practice. 20
(3) A registered nurse may delegate tasks of nursing care to 21
other individuals where the registered nurse determines that it is in 22
the best interest of the patient. 23
(a) The delegating nurse shall: 24
(i) Determine the competency of the individual to perform the 25
tasks; 26
(ii) Evaluate the appropriateness of the delegation;27
(iii) Supervise the actions of the person performing the 28
delegated task; and 29
(iv) Delegate only those tasks that are within the registered 30
nurse's scope of practice. 31
(b) A registered nurse, working for a home health or hospice 32
agency regulated under chapter 70.127 RCW, may delegate the 33
application, instillation, or insertion of medications to a 34
registered or certified nursing assistant under a plan of care.35
(c) Except as authorized in (b) or (e) of this subsection, a 36
registered nurse may not delegate the administration of medications. 37
Except as authorized in (e) or (f) of this subsection, a registered 38
nurse may not delegate acts requiring substantial skill, and may not 39
p. 17 SB 5112
delegate piercing or severing of tissues. Acts that require nursing 1
judgment shall not be delegated. 2
(d) No person may coerce a nurse into compromising patient safety 3
by requiring the nurse to delegate if the nurse determines that it is 4
inappropriate to do so. Nurses shall not be subject to any employer 5
reprisal or disciplinary action by the ((nursing care quality 6
assurance commission )) board for refusing to delegate tasks or 7
refusing to provide the required training for delegation if the nurse 8
determines delegation may compromise patient safety.9
(e) For delegation in community-based care settings or in-home 10
care settings, a registered nurse may delegate nursing care tasks 11
only to registered or certified nursing assistants under chapter 12
18.88A RCW or home care aides certified under chapter 18.88B RCW. 13
Simple care tasks such as blood pressure monitoring, personal care 14
service, diabetic insulin device set up, verbal verification of 15
insulin dosage for sight-impaired individuals, or other tasks as 16
defined by the ((nursing care quality assurance commission )) board 17
are exempted from this requirement. 18
(i) "Community-based care settings" includes: Community 19
residential programs for people with developmental disabilities, 20
certified by the department of social and health services under 21
chapter 71A.12 RCW; adult family homes licensed under chapter 70.128 22
RCW; and assisted living facilities licensed under chapter 18.20 RCW. 23
Community-based care settings do not include acute care or skilled 24
nursing facilities. 25
(ii) "In-home care settings" include an individual's place of 26
temporary or permanent residence, but does not include acute care or 27
skilled nursing facilities, and does not include community-based care 28
settings as defined in (e)(i) of this subsection. 29
(iii) Delegation of nursing care tasks in community-based care 30
settings and in-home care settings is only allowed for individuals 31
who have a stable and predictable condition. "Stable and predictable 32
condition" means a situation in which the individual's clinical and 33
behavioral status is known and does not require the frequent presence 34
and evaluation of a registered nurse. 35
(iv) The determination of the appropriateness of delegation of a 36
nursing task is at the discretion of the registered nurse. Other than 37
delegation of the administration of insulin by injection for the 38
purpose of caring for individuals with diabetes, the administration 39
p. 18 SB 5112
of medications by injection, sterile procedures, and central line 1
maintenance may never be delegated. 2
(v) When delegating insulin injections under this section, the 3
registered nurse delegator must instruct the individual regarding 4
proper injection procedures and the use of insulin, demonstrate 5
proper injection procedures, and must supervise and evaluate the 6
individual performing the delegated task as required by the 7
((commission)) board by rule. If the registered nurse delegator 8
determines that the individual is competent to perform the injection 9
properly and safely, supervision and evaluation shall occur at an 10
interval determined by the ((commission)) board by rule.11
(vi)(A) The registered nurse shall verify that the nursing 12
assistant or home care aide, as the case may be, has completed the 13
required core nurse delegation training required in chapter 18.88A or 14
18.88B RCW prior to authorizing delegation. 15
(B) Before commencing any specific nursing tasks authorized to be 16
delegated in this section, a home care aide must be certified 17
pursuant to chapter 18.88B RCW and must comply with RCW 18.88B.070.18
(vii) The nurse is accountable for his or her own individual 19
actions in the delegation process. Nurses acting within the protocols 20
of their delegation authority are immune from liability for any 21
action performed in the course of their delegation duties.22
(viii) Nursing task delegation protocols are not intended to 23
regulate the settings in which delegation may occur, but are intended 24
to ensure that nursing care services have a consistent standard of 25
practice upon which the public and the profession may rely, and to 26
safeguard the authority of the nurse to make independent professional 27
decisions regarding the delegation of a task. 28
(f) The delegation of nursing care tasks only to registered or 29
certified nursing assistants under chapter 18.88A RCW or to home care 30
aides certified under chapter 18.88B RCW may include glucose 31
monitoring and testing. 32
(g) The ((nursing care quality assurance commission )) board may 33
adopt rules to implement this section. 34
(4) Only a person licensed as a registered nurse may instruct 35
nurses in technical subjects pertaining to nursing.36
(5) Only a person licensed as a registered nurse may hold herself 37
or himself out to the public or designate herself or himself as a 38
registered nurse. 39
p. 19 SB 5112
Sec. 13. RCW 18.79.260 and 2024 c 239 s 15 are each amended to 1
read as follows: 2
(1) A registered nurse under his or her license may perform for 3
compensation nursing care, as that term is usually understood, to 4
individuals with illnesses, injuries, or disabilities.5
(2) A registered nurse may, at or under the general direction of 6
a licensed physician and surgeon, dentist, osteopathic physician and 7
surgeon, naturopathic physician, optometrist, podiatric physician and 8
surgeon, physician assistant, advanced practice registered nurse, 9
prescribing psychologist, or midwife acting within the scope of his 10
or her license, administer medications, treatments, tests, and 11
inoculations, whether or not the severing or penetrating of tissues 12
is involved and whether or not a degree of independent judgment and 13
skill is required. Such direction must be for acts which are within 14
the scope of registered nursing practice. 15
(3) A registered nurse may delegate tasks of nursing care to 16
other individuals where the registered nurse determines that it is in 17
the best interest of the patient. 18
(a) The delegating nurse shall: 19
(i) Determine the competency of the individual to perform the 20
tasks; 21
(ii) Evaluate the appropriateness of the delegation;22
(iii) Supervise the actions of the person performing the 23
delegated task; and 24
(iv) Delegate only those tasks that are within the registered 25
nurse's scope of practice. 26
(b) A registered nurse, working for a home health or hospice 27
agency regulated under chapter 70.127 RCW, may delegate the 28
application, instillation, or insertion of medications to a 29
registered or certified nursing assistant under a plan of care.30
(c) Except as authorized in (b) or (e) of this subsection, a 31
registered nurse may not delegate the administration of medications. 32
Except as authorized in (e) or (f) of this subsection, a registered 33
nurse may not delegate acts requiring substantial skill, and may not 34
delegate piercing or severing of tissues. Acts that require nursing 35
judgment shall not be delegated. 36
(d) No person may coerce a nurse into compromising patient safety 37
by requiring the nurse to delegate if the nurse determines that it is 38
inappropriate to do so. Nurses shall not be subject to any employer 39
reprisal or disciplinary action by the board for refusing to delegate 40
p. 20 SB 5112
tasks or refusing to provide the required training for delegation if 1
the nurse determines delegation may compromise patient safety.2
(e) For delegation in community-based care settings or in-home 3
care settings, a registered nurse may delegate nursing care tasks 4
only to registered or certified nursing assistants under chapter 5
18.88A RCW or home care aides certified under chapter 18.88B RCW. 6
Simple care tasks such as blood pressure monitoring, personal care 7
service, diabetic insulin device set up, verbal verification of 8
insulin dosage for sight-impaired individuals, or other tasks as 9
defined by the board are exempted from this requirement.10
(i) "Community-based care settings" includes: Community 11
residential programs for people with developmental disabilities, 12
certified by the department of social and health services under 13
chapter 71A.12 RCW; adult family homes licensed under chapter 70.128 14
RCW; and assisted living facilities licensed under chapter 18.20 RCW. 15
Community-based care settings do not include acute care or skilled 16
nursing facilities. 17
(ii) "In-home care settings" include an individual's place of 18
temporary or permanent residence, but does not include acute care or 19
skilled nursing facilities, and does not include community-based care 20
settings as defined in (e)(i) of this subsection. 21
(iii) Delegation of nursing care tasks in community-based care 22
settings and in-home care settings is only allowed for individuals 23
who have a stable and predictable condition. "Stable and predictable 24
condition" means a situation in which the individual's clinical and 25
behavioral status is known and does not require the frequent presence 26
and evaluation of a registered nurse. 27
(iv) The determination of the appropriateness of delegation of a 28
nursing task is at the discretion of the registered nurse. Other than 29
delegation of the administration of insulin by injection for the 30
purpose of caring for individuals with diabetes, the administration 31
of medications by injection, sterile procedures, and central line 32
maintenance may never be delegated. 33
(v) When delegating insulin injections under this section, the 34
registered nurse delegator must instruct the individual regarding 35
proper injection procedures and the use of insulin, demonstrate 36
proper injection procedures, and must supervise and evaluate the 37
individual performing the delegated task as required by the board by 38
rule. If the registered nurse delegator determines that the 39
individual is competent to perform the injection properly and safely, 40
p. 21 SB 5112
supervision and evaluation shall occur at an interval determined by 1
the board by rule. 2
(vi)(A) The registered nurse shall verify that the nursing 3
assistant or home care aide, as the case may be, has completed the 4
required core nurse delegation training required in chapter 18.88A or 5
18.88B RCW prior to authorizing delegation. 6
(B) Before commencing any specific nursing tasks authorized to be 7
delegated in this section, a home care aide must be certified 8
pursuant to chapter 18.88B RCW and must comply with RCW 18.88B.070.9
(vii) The nurse is accountable for his or her own individual 10
actions in the delegation process. Nurses acting within the protocols 11
of their delegation authority are immune from liability for any 12
action performed in the course of their delegation duties.13
(viii) Nursing task delegation protocols are not intended to 14
regulate the settings in which delegation may occur, but are intended 15
to ensure that nursing care services have a consistent standard of 16
practice upon which the public and the profession may rely, and to 17
safeguard the authority of the nurse to make independent professional 18
decisions regarding the delegation of a task. 19
(f) The delegation of nursing care tasks only to registered or 20
certified nursing assistants under chapter 18.88A RCW or to home care 21
aides certified under chapter 18.88B RCW may include glucose 22
monitoring and testing. 23
(g) The board may adopt rules to implement this section.24
(4) Only a person licensed as a registered nurse may instruct 25
nurses in technical subjects pertaining to nursing.26
(5) Only a person licensed as a registered nurse may hold herself 27
or himself out to the public or designate herself or himself as a 28
registered nurse. 29
Sec. 14. RCW 69.50.101 and 2024 c 62 s 17 are each amended to 30
read as follows: 31
The definitions in this section apply throughout this chapter 32
unless the context clearly requires otherwise. 33
(1) "Administer" means to apply a controlled substance, whether 34
by injection, inhalation, ingestion, or any other means, directly to 35
the body of a patient or research subject by: 36
(a) a practitioner authorized to prescribe (or, by the 37
practitioner's authorized agent); or 38
p. 22 SB 5112
(b) the patient or research subject at the direction and in the 1
presence of the practitioner. 2
(2) "Agent" means an authorized person who acts on behalf of or 3
at the direction of a manufacturer, distributor, or dispenser. It 4
does not include a common or contract carrier, public 5
warehouseperson, or employee of the carrier or warehouseperson.6
(3) "Board" means the Washington state liquor and cannabis board.7
(4) "Cannabis" means all parts of the plant Cannabis, whether 8
growing or not, with a THC concentration greater than 0.3 percent on 9
a dry weight basis during the growing cycle through harvest and 10
usable cannabis. "Cannabis" does not include hemp or industrial hemp 11
as defined in RCW 15.140.020, or seeds used for licensed hemp 12
production under chapter 15.140 RCW. 13
(5) "Cannabis concentrates" means products consisting wholly or 14
in part of the resin extracted from any part of the plant Cannabis 15
and having a THC concentration greater than ten percent.16
(6) "Cannabis processor" means a person licensed by the board to 17
process cannabis into cannabis concentrates, useable cannabis, and 18
cannabis-infused products, package and label cannabis concentrates, 19
useable cannabis, and cannabis-infused products for sale in retail 20
outlets, and sell cannabis concentrates, useable cannabis, and 21
cannabis-infused products at wholesale to cannabis retailers.22
(7) "Cannabis producer" means a person licensed by the board to 23
produce and sell cannabis at wholesale to cannabis processors and 24
other cannabis producers. 25
(8)(a) "Cannabis products" means useable cannabis, cannabis 26
concentrates, and cannabis-infused products as defined in this 27
section, including any product intended to be consumed or absorbed 28
inside the body by any means including inhalation, ingestion, or 29
insertion, with any detectable amount of THC. 30
(b) "Cannabis products" also means any product containing only 31
THC content. 32
(c) "Cannabis products" does not include cannabis health and 33
beauty aids as defined in RCW 69.50.575 or products approved by the 34
United States food and drug administration. 35
(9) "Cannabis researcher" means a person licensed by the board to 36
produce, process, and possess cannabis for the purposes of conducting 37
research on cannabis and cannabis-derived drug products.38
p. 23 SB 5112
(10) "Cannabis retailer" means a person licensed by the board to 1
sell cannabis concentrates, useable cannabis, and cannabis-infused 2
products in a retail outlet. 3
(11) "Cannabis-infused products" means products that contain 4
cannabis or cannabis extracts, are intended for human use, are 5
derived from cannabis as defined in subsection (4) of this section, 6
and have a THC concentration no greater than ten percent. The term 7
"cannabis-infused products" does not include either useable cannabis 8
or cannabis concentrates. 9
(12) "CBD concentration" has the meaning provided in RCW 10
69.51A.010. 11
(13) "CBD product" means any product containing or consisting of 12
cannabidiol. 13
(14) "Commission" means the pharmacy quality assurance 14
commission. 15
(15) "Controlled substance" means a drug, substance, or immediate 16
precursor included in Schedules I through V as set forth in federal 17
or state laws, or federal or commission rules, but does not include 18
hemp or industrial hemp as defined in RCW 15.140.020.19
(16)(a) "Controlled substance analog" means a substance the 20
chemical structure of which is substantially similar to the chemical 21
structure of a controlled substance in Schedule I or II and:22
(i) that has a stimulant, depressant, or hallucinogenic effect on 23
the central nervous system substantially similar to the stimulant, 24
depressant, or hallucinogenic effect on the central nervous system of 25
a controlled substance included in Schedule I or II; or26
(ii) with respect to a particular individual, that the individual 27
represents or intends to have a stimulant, depressant, or 28
hallucinogenic effect on the central nervous system substantially 29
similar to the stimulant, depressant, or hallucinogenic effect on the 30
central nervous system of a controlled substance included in Schedule 31
I or II. 32
(b) The term does not include: 33
(i) a controlled substance; 34
(ii) a substance for which there is an approved new drug 35
application; 36
(iii) a substance with respect to which an exemption is in effect 37
for investigational use by a particular person under Section 505 of 38
the federal food, drug, and cosmetic act, 21 U.S.C. Sec. 355, or 39
p. 24 SB 5112
chapter 69.77 RCW to the extent conduct with respect to the substance 1
is pursuant to the exemption; or 2
(iv) any substance to the extent not intended for human 3
consumption before an exemption takes effect with respect to the 4
substance. 5
(17) "Deliver" or "delivery" means the actual or constructive 6
transfer from one person to another of a substance, whether or not 7
there is an agency relationship. 8
(18) "Department" means the department of health.9
(19) "Designated provider" has the meaning provided in RCW 10
69.51A.010. 11
(20) "Dispense" means the interpretation of a prescription or 12
order for a controlled substance and, pursuant to that prescription 13
or order, the proper selection, measuring, compounding, labeling, or 14
packaging necessary to prepare that prescription or order for 15
delivery. 16
(21) "Dispenser" means a practitioner who dispenses.17
(22) "Distribute" means to deliver other than by administering or 18
dispensing a controlled substance. 19
(23) "Distributor" means a person who distributes.20
(24) "Drug" means (a) a controlled substance recognized as a drug 21
in the official United States pharmacopoeia/national formulary or the 22
official homeopathic pharmacopoeia of the United States, or any 23
supplement to them; (b) controlled substances intended for use in the 24
diagnosis, cure, mitigation, treatment, or prevention of disease in 25
individuals or animals; (c) controlled substances (other than food) 26
intended to affect the structure or any function of the body of 27
individuals or animals; and (d) controlled substances intended for 28
use as a component of any article specified in (a), (b), or (c) of 29
this subsection. The term does not include devices or their 30
components, parts, or accessories. 31
(25) "Drug enforcement administration" means the drug enforcement 32
administration in the United States Department of Justice, or its 33
successor agency. 34
(26) "Electronic communication of prescription information" means 35
the transmission of a prescription or refill authorization for a drug 36
of a practitioner using computer systems. The term does not include a 37
prescription or refill authorization verbally transmitted by 38
telephone nor a facsimile manually signed by the practitioner.39
p. 25 SB 5112
(27) "Immature plant or clone" means a plant or clone that has no 1
flowers, is less than twelve inches in height, and is less than 2
twelve inches in diameter. 3
(28) "Immediate precursor" means a substance: 4
(a) that the commission has found to be and by rule designates as 5
being the principal compound commonly used, or produced primarily for 6
use, in the manufacture of a controlled substance; 7
(b) that is an immediate chemical intermediary used or likely to 8
be used in the manufacture of a controlled substance; and9
(c) the control of which is necessary to prevent, curtail, or 10
limit the manufacture of the controlled substance.11
(29) "Isomer" means an optical isomer, but in subsection (33)(e) 12
of this section, RCW 69.50.204(1) (l) and (hh), and 69.50.206(2)(d), 13
the term includes any geometrical isomer; in RCW 69.50.204(1) (h) and 14
(pp), and 69.50.210(3)(([,])) the term includes any positional 15
isomer; and in RCW 69.50.204(1)(ii), 69.50.204(3), and 69.50.208(1)16
(([,])) the term includes any positional or geometric isomer.17
(30) "Lot" means a definite quantity of cannabis, cannabis 18
concentrates, useable cannabis, or cannabis-infused product 19
identified by a lot number, every portion or package of which is 20
uniform within recognized tolerances for the factors that appear in 21
the labeling. 22
(31) "Lot number" must identify the licensee by business or trade 23
name and Washington state unified business identifier number, and the 24
date of harvest or processing for each lot of cannabis, cannabis 25
concentrates, useable cannabis, or cannabis-infused product.26
(32) "Manufacture" means the production, preparation, 27
propagation, compounding, conversion, or processing of a controlled 28
substance, either directly or indirectly or by extraction from 29
substances of natural origin, or independently by means of chemical 30
synthesis, or by a combination of extraction and chemical synthesis, 31
and includes any packaging or repackaging of the substance or 32
labeling or relabeling of its container. The term does not include 33
the preparation, compounding, packaging, repackaging, labeling, or 34
relabeling of a controlled substance: 35
(a) by a practitioner as an incident to the practitioner's 36
administering or dispensing of a controlled substance in the course 37
of the practitioner's professional practice; or 38
(b) by a practitioner, or by the practitioner's authorized agent 39
under the practitioner's supervision, for the purpose of, or as an 40
p. 26 SB 5112
incident to, research, teaching, or chemical analysis and not for 1
sale. 2
(33) "Narcotic drug" means any of the following, whether produced 3
directly or indirectly by extraction from substances of vegetable 4
origin, or independently by means of chemical synthesis, or by a 5
combination of extraction and chemical synthesis: 6
(a) Opium, opium derivative, and any derivative of opium or opium 7
derivative, including their salts, isomers, and salts of isomers, 8
whenever the existence of the salts, isomers, and salts of isomers is 9
possible within the specific chemical designation. The term does not 10
include the isoquinoline alkaloids of opium. 11
(b) Synthetic opiate and any derivative of synthetic opiate, 12
including their isomers, esters, ethers, salts, and salts of isomers, 13
esters, and ethers, whenever the existence of the isomers, esters, 14
ethers, and salts is possible within the specific chemical 15
designation. 16
(c) Poppy straw and concentrate of poppy straw.17
(d) Coca leaves, except coca leaves and extracts of coca leaves 18
from which cocaine, ecgonine, and derivatives or ecgonine or their 19
salts have been removed. 20
(e) Cocaine, or any salt, isomer, or salt of isomer thereof.21
(f) Cocaine base. 22
(g) Ecgonine, or any derivative, salt, isomer, or salt of isomer 23
thereof. 24
(h) Any compound, mixture, or preparation containing any quantity 25
of any substance referred to in (a) through (g) of this subsection.26
(34) "Opiate" means any substance having an addiction-forming or 27
addiction-sustaining liability similar to morphine or being capable 28
of conversion into a drug having addiction-forming or addiction-29
sustaining liability. The term includes opium, substances derived 30
from opium (opium derivatives), and synthetic opiates. The term does 31
not include, unless specifically designated as controlled under RCW 32
69.50.201, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan 33
and its salts (dextromethorphan). The term includes the racemic and 34
levorotatory forms of dextromethorphan. 35
(35) "Opium poppy" means the plant of the species Papaver 36
somniferum L., except its seeds. 37
(36) "Package" means a container that has a single unit or group 38
of units. 39
p. 27 SB 5112
(37) "Person" means individual, corporation, business trust, 1
estate, trust, partnership, association, joint venture, government, 2
governmental subdivision or agency, or any other legal or commercial 3
entity. 4
(38) "Plant" has the meaning provided in RCW 69.51A.010.5
(39) "Poppy straw" means all parts, except the seeds, of the 6
opium poppy, after mowing. 7
(40) "Practitioner" means: 8
(a) A physician under chapter 18.71 RCW; a physician assistant 9
under chapter 18.71A RCW; an osteopathic physician and surgeon under 10
chapter 18.57 RCW; an optometrist licensed under chapter 18.53 RCW 11
who is certified by the optometry board under RCW 18.53.010 subject 12
to any limitations in RCW 18.53.010; a dentist under chapter 18.32 13
RCW; a podiatric physician and surgeon under chapter 18.22 RCW; a 14
veterinarian under chapter 18.92 RCW; a registered nurse, advanced 15
practice registered nurse ((practitioner)), or licensed practical 16
nurse under chapter 18.79 RCW; a naturopathic physician under chapter 17
18.36A RCW who is licensed under RCW 18.36A.030 subject to any 18
limitations in RCW 18.36A.040; a psychologist under chapter 18.83 RCW 19
who is certified as a prescribing psychologist under section 3 of 20
this act; a pharmacist under chapter 18.64 RCW or a scientific 21
investigator under this chapter, licensed, registered or otherwise 22
permitted insofar as is consistent with those licensing laws to 23
distribute, dispense, conduct research with respect to or administer 24
a controlled substance in the course of their professional practice 25
or research in this state. 26
(b) A pharmacy, hospital or other institution licensed, 27
registered, or otherwise permitted to distribute, dispense, conduct 28
research with respect to or to administer a controlled substance in 29
the course of professional practice or research in this state.30
(c) A physician licensed to practice medicine and surgery, a 31
physician licensed to practice osteopathic medicine and surgery, a 32
dentist licensed to practice dentistry, a podiatric physician and 33
surgeon licensed to practice podiatric medicine and surgery, a 34
licensed physician assistant or a licensed osteopathic physician 35
assistant specifically approved to prescribe controlled substances by 36
his or her state's medical commission or equivalent and his or her 37
participating physician as defined in RCW 18.71A.010, an advanced 38
practice registered nurse ((practitioner)) licensed to prescribe 39
p. 28 SB 5112
controlled substances, or a veterinarian licensed to practice 1
veterinary medicine in any state of the United States.2
(41) "Prescription" means an order for controlled substances 3
issued by a practitioner duly authorized by law or rule in the state 4
of Washington to prescribe controlled substances within the scope of 5
his or her professional practice for a legitimate medical purpose.6
(42) "Production" includes the manufacturing, planting, 7
cultivating, growing, or harvesting of a controlled substance.8
(43) "Qualifying patient" has the meaning provided in RCW 9
69.51A.010. 10
(44) "Recognition card" has the meaning provided in RCW 11
69.51A.010. 12
(45) "Retail outlet" means a location licensed by the board for 13
the retail sale of cannabis concentrates, useable cannabis, and 14
cannabis-infused products. 15
(46) "Secretary" means the secretary of health or the secretary's 16
designee. 17
(47) "Social equity plan" means a plan that addresses at least 18
some of the elements outlined in this subsection (47), along with any 19
additional plan components or requirements approved by the board 20
following consultation with the task force created in RCW 69.50.336. 21
The plan may include: 22
(a) A statement that indicates how the cannabis licensee will 23
work to promote social equity goals in their community;24
(b) A description of how the cannabis licensee will meet social 25
equity goals as defined in RCW 69.50.335; 26
(c) The composition of the workforce the licensee has employed or 27
intends to hire; and 28
(d) Business plans involving partnerships or assistance to 29
organizations or residents with connections to populations with a 30
history of high rates of enforcement of cannabis prohibition.31
(48) "State," unless the context otherwise requires, means a 32
state of the United States, the District of Columbia, the 33
Commonwealth of Puerto Rico, or a territory or insular possession 34
subject to the jurisdiction of the United States. 35
(49) "THC concentration" means percent of tetrahydrocannabinol 36
content of any part of the plant Cannabis, or per volume or weight of 37
cannabis product, or the combined percent of tetrahydrocannabinol and 38
tetrahydrocannabinolic acid in any part of the plant Cannabis 39
regardless of moisture content. 40
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(50) "Ultimate user" means an individual who lawfully possesses a 1
controlled substance for the individual's own use or for the use of a 2
member of the individual's household or for administering to an 3
animal owned by the individual or by a member of the individual's 4
household. 5
(51) "Unit" means an individual consumable item within a package 6
of one or more consumable items in solid, liquid, gas, or any form 7
intended for human consumption. 8
(52) "Useable cannabis" means dried cannabis flowers. The term 9
"useable cannabis" does not include either cannabis-infused products 10
or cannabis concentrates. 11
(53) "Youth access" means the level of interest persons under the 12
age of twenty-one may have in a vapor product, as well as the degree 13
to which the product is available or appealing to such persons, and 14
the likelihood of initiation, use, or addiction by adolescents and 15
young adults. 16
NEW SECTION. Sec. 15. Sections 6 and 8 of this act expire 17
October 1, 2025.18
NEW SECTION. Sec. 16. Sections 7 and 9 of this act take effect 19
October 1, 2025.20
NEW SECTION. Sec. 17. Section 12 of this act expires June 30, 21
2027.22
NEW SECTION. Sec. 18. Section 13 of this act takes effect June 23
30, 2027.24
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