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HB 2072

Momentum Bucket Early Stage
Legal Title AN ACT Relating to sustaining and expanding behavioral health services by levying an opioid impact fee on opioid manufacturers;
Bill Description Sustaining and expanding behavioral health services by levying an opioid impact fee on opioid manufacturers.
What this bill does
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This bill creates a new chapter in Title 69 RCW and amends RCW 70.225.040 to impose a new regulatory and funding structure for prescription opioids. It establishes a "prescription opioid impact account" in the state treasury to receive fees from manufacturers of prescription opioids and attorneys’ fees recovered by the attorney general under the chapter. The department of health must send a quarterly statement to any manufacturer whose prescription opioid products exceed 100,000 morphine milligram equivalents (MME) dispensed in Washington during a quarter; those manufacturers must pay an impact fee of $0.01 per MME for dispensed opioids reported in the prescription monitoring program, with payment due within 45 days. Late payments are subject to a penalty of $100 per day or 10% of the impact fee due, whichever is greater. The attorney general may enforce the chapter and recover interest and reasonable attorneys’ fees and expenses; recovered attorneys’ fees are remitted to the impact account. Moneys in the impact account are spent only after appropriation and must fund outreach, treatment, or recovery support services for people with behavioral health challenges, with at least 50% of funds spent on programs serving children, youth, and young adults. The account must reimburse the state general fund, with interest, for amounts appropriated to the department during the 2025–2027 biennium to modify the prescription monitoring program to implement the act. No more than 12% of annual deposits may be used for administration of the chapter; attorney general enforcement costs are covered by the account and are not subject to the 12% cap. The department may adopt rules needed to implement the chapter and the department of revenue must provide technical assistance as requested. The bill modifies prescription monitoring program confidentiality and authorized data sharing. It enumerates permitted disclosures and requires the department to maintain procedures protecting privacy. The department may share dispenser and prescriber data, and data with indirect patient identifiers, with the Washington State Medical Association for its coordinated quality improvement program under a data use agreement. It may provide data, including direct and indirect identifiers, to the DSHS Office of Research and Data Analysis, the Department of Labor and Industries, and the Health Care Authority for research approved by the Washington state institutional review board and, under department-approved agreements, for public health purposes to improve prevention or treatment of substance use disorders. The department may provide prescriber feedback reports to the largest professional association for each prescribing profession under written agreements, provided the reports contain no direct patient identifiers. The department may exchange data with established prescription monitoring programs in other jurisdictions through clearinghouses or exchanges that meet federal privacy requirements. Persons authorized to receive data in good faith are immune from civil, criminal, disciplinary, or administrative liability for actions under the chapter. Definitions and implementation details provided include that "department" means the Department of Health, the statutory definition of "manufacturer of prescription opioids," that "prescription opioid" excludes buprenorphine, morphine, and methadone, and that sections 1 through 6 constitute the new chapter. The act takes effect January 1, 2026. Some text is missing from the provided materials: the new chapter’s specific RCW citation is shown as a placeholder, the amendment to RCW 70.225.040 ends mid-sentence in the extract, portions of earlier subsections referenced for authorized recipients and immunities are not present, and section 8 and other possible provisions are not included here.
Why it matters
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If enacted, large opioid manufacturers that have more than 100,000 morphine milligram equivalents (MME) dispensed in Washington in a quarter will start receiving quarterly statements and owe an impact fee of $0.01 per MME; missed payments trigger steep penalties ($100 per day or 10% of the fee). Those fees are deposited into a new “prescription opioid impact account” that can only be spent by appropriation for outreach, treatment, and recovery support (with half of funds directed to programs for children, youth, and young adults), must repay the state general fund for certain 2025–27 monitoring program costs with interest, and limits administrative uses to 12% of annual deposits while allowing the attorney general’s enforcement costs and recovered attorney fees to flow to the account. This shifts ongoing costs onto manufacturers, creates a new dedicated funding stream for behavioral health services, and gives the attorney general funded enforcement authority; the Department of Health gains new billing, reporting, and rulemaking duties and the Department of Revenue must provide technical support. The bill also expands who can get prescription monitoring program data and under what conditions: the Department of Health may share prescriber and dispenser data with the Washington State Medical Association under a data use agreement for a coordinated quality improvement program, and may provide identified or indirectly identified data to DSHS research staff, Labor & Industries, and the Health Care Authority for IRB‑approved research or department‑approved public health uses; it allows prescriber feedback reports to professional associations without direct patient identifiers and authorizes interstate data exchanges that meet federal privacy rules, with good‑faith immunity for authorized recipients. The act takes effect January 1, 2026. Key implementation details and the full new chapter text are not included here, so some operational rules and the exact statutory citation remain unclear.
Official Documents View Full Bill Text
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HB 2072 Details and Bill Topics

Details

Date Introduced 04/08/2025
Originating Chamber House
Biennium 2025-26
Total Campaign Dollars Backing Bill $659,666.69

Bill Topics

BEHAVIORAL HEALTH
DRUGS
PUBLIC FUNDS AND ACCOUNTS

HB 2072 Sponsors and Committee Hearings

Sponsors

Representative Davis (Primary)
Representative Pollet
Representative Scott

Committee Hearings

Go to HB 2072 at leg.wa.gov

HB 2072 Bill Timeline

Early Stage
1/11/2026
HApprops
By resolution, reintroduced and retained in present status.
4/7/2025
HApprops
First reading, referred to Appropriations.

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