IN RE FARINA

No. 16879-4-III.

972 P.2d 531 (1999)

In the Matter of the License to Practice Pharmacy of: Joseph FARINA, R.Ph., Respondent and Cross-Appellant, In the Matter of the Pharmacy License of: Consulting And Pharmaceutical Services, Inc., d/b/a C.A.P.S. and Pharmaco, d/b/a Option Care, Respondents and Cross-Appellants, v. Washington State Board of Pharmacy, Washington State Department of Health, Appellants.

Court of Appeals of Washington, Division 3, Panel Four.

As Amended on Grant of Reconsideration April 13, 1999.


Attorney(s) appearing for the Case

David M. Hankins, Assistant Attorney General, Olympia, WA, Counsel for Appellants.

Walter G. Meyer Jr., Meyer Fluegge & Tenney, Yakima, WA, Mark D. Watson, Meyer Fluegge & Tenney, Yakima, WA, Counsel for Respondents.


SWEENEY, J.

This appeal requires us to harmonize inconsistent parallel regulatory schemes governing home health care and pharmacy respectively.

RCW 70.126 is the enabling act which authorizes the Washington State Department of Health (Department) to establish home health care agencies. Pursuant to that statute, the Department promulgated WAC 246-327. RCW 18.64 is the enabling act which created the Washington State...

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