Drug charges can have severe ramifications for those found guilty. This does not only apply to consumers or distributors, even persons authorized to dispense medications can face criminal charges for improperly handling controlled substances.
Prescriptions must be valid to be legally dispensed by pharmacists and other healthcare providers. A prescription in Washington State is deemed valid when it includes the following required elements.
Prescription must be issued by authorized prescriber
A prescription can only be issued by healthcare practitioners who have been granted prescriptive authority under Washington state law. This includes physicians, advanced registered nurse practitioners, dentists, veterinarians and other specific healthcare providers acting within their scope of practice. The authority to prescribe must be current and valid at the time of issuing the prescription.
Prescription must be issued for legitimate medical purpose
All prescriptions must be written for a legitimate medical purpose, which forms the cornerstone of legal prescribing. This involves a proper medical evaluation, diagnosis and determination that the prescribed medication is clinically appropriate for the patient’s condition. The law specifically recognizes bona fide research programs conducted in conjunction with hospitals or universities for legitimate medical purposes, providing a framework for clinical research while maintaining regulatory compliance.
Prescription cannot be issued to known drug abuser/habitual user outside of professional treatment
The law explicitly addresses prescribing to known drug abusers or habitual users of legend drugs. Prescriptions issued to such individuals outside the course of professional treatment are not considered valid prescriptions under Washington law. However, RCW 69.41.095 provides certain exceptions to this restriction, recognizing that individuals with substance use disorders may still require legitimate medical treatment. Healthcare providers must carefully navigate this requirement while providing appropriate patient care.
Violations of these prescription requirements can lead to class B felony charges, and if facing such charges, seeking legal guidance promptly is essential to protect your rights and help understand your legal options.