Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1980 NO. 18 > Aug 28 1980

(1) In the case of a LEOFF Retirement System member seeking payment for medical services, an employer under chapter 41.26 RCW may be required to pay for drugs prescribed by a physician for the member regardless of whether or not the drug prescribed is one which can be legally purchased without a physician's prescription.(2) Syringes used to inject insulin do not constitute "drugs and medicine" under RCW 41.26.030(22)(b)(iii)(A).(3) It is a function of a LEOFF Disability Board established under RCW 41.26.110 not only to designate what medical services are to be provided to a sick or disabled member but, in addition, to designate the provider of medical services under RCW 41.26.150.

AGO 1992 NO. 30 > Dec 22 1992

1.  RCW 19.68.010 prohibits a person licensed to practice medicine in Washington from receiving a rebate, commission, or other consideration in connection with the referral of a patient.  RCW 19.68.040 provides that a licensed physician is not prohibited from collecting compensation for services provided by an employee.2.  RCW 19.68.010 prohibits a physician from referring a patient to an infusion therapy company in which the physician is a shareholder.  However, under RCW 19.68.040 this prohibition would not apply if the persons performing the services for the infusion therapy company are under the control of the physician such that they are employees of the physician.3.  RCW 19.68.010 does not prohibit a physician from receiving a set fee from an infusion therapy company for providing various services to the company's customers.  However, the fees must actually provide the services, and the fee paid must reflect the market value of the services provided.