The definitions in this section apply throughout this chapter.

(1) “Commission” means the pharmacy quality assurance commission.

(2) “Controlled substance” means a drug, substance, or immediate precursor of such drug or substance, so designated under or pursuant to chapter 69.50 RCW, the uniform controlled substances act.

(3) “Deliver” or “delivery” means the actual, constructive, or attempted transfer from one person to another of a drug or device, whether or not there is an agency relationship.

(4) “Department” means the department of health.

(5) “Dispense” means the interpretation of a prescription or order for a drug, biological, or device and, pursuant to that prescription or order, the proper selection, measuring, compounding, labeling, or packaging necessary to prepare that prescription or order for delivery.

(6) “Distribute” means to deliver, other than by administering or dispensing, a legend drug.

(7) “Drug samples” means any federal food and drug administration approved controlled substance, legend drug, or products requiring prescriptions in this state, which is distributed at no charge to a practitioner by a manufacturer or a manufacturer’s representative, exclusive of drugs under clinical investigations approved by the federal food and drug administration.

(8) “Legend drug” means any drug that is required by state law or by regulations of the commission to be dispensed on prescription only or is restricted to use by practitioners only.

(9) “Manufacturer” means a person or other entity engaged in the manufacture or distribution of drugs or devices, but does not include a manufacturer’s representative.

(10) “Manufacturer’s representative” means an agent or employee of a drug manufacturer who is authorized by the drug manufacturer to possess drug samples for the purpose of distribution in this state to appropriately authorized health care practitioners.

(11) “Person” means any individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, or any other legal entity.

(12) “Practitioner” means a physician under chapter 18.71 RCW, an osteopathic physician or an osteopathic physician and surgeon under chapter 18.57 RCW, 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 pharmacist under chapter 18.64 RCW, a commissioned medical or dental officer in the United States armed forces or the 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 to prescribe by the *nursing care quality assurance commission, or a physician assistant under chapter 18.71A RCW when authorized by the Washington medical commission.

(13) “Reasonable cause” means a state of facts found to exist that would warrant a reasonably intelligent and prudent person to believe that a person has violated state or federal drug laws or regulations.

(14) “Secretary” means the secretary of health or the secretary’s designee.

*Reviser’s note: The reference to “nursing care quality assurance commission” was changed to “board of nursing” by 2023 c 123.

Effective date—2020 c 80 §§ 12-59: See note following RCW 7.68.030.

Intent—2020 c 80: See note following RCW 18.71A.010.

Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.

Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920.