Selecky

I. FACTUAL AND PROCEDURAL BACKGROUND

The practice of pharmacy in the state of Washington is reg- ulated by the Washington State Board of Pharmacy pursuant to a comprehensive regulatory scheme which directs the Board to “[r]egulate the practice of pharmacy and enforce all laws placed under its jurisdiction,” “[e]stablish the qualifica- tions for licensure,” conduct disciplinary proceedings, and “[p]romulgate rules for the dispensing, distribution, wholesal- ing, and manufacturing of drugs and devices and the practice of pharmacy for the protection and promotion of the public health, safety, and welfare.” Wash. Rev. Code Ann. § 18.64.005. Under the Code, a license is required for “any person to practice pharmacy or to institute or operate any pharmacy.” Id. at § 18.64.020. A “pharmacist” is defined as “a person duly licensed by the Washington state board of pharmacy to engage in the practice of pharmacy,” id. at § 18.64.011(10), and a “pharmacy” is defined as “every place properly licensed by the board of pharmacy where the prac- tice of pharmacy is conducted,” id. at § 18.64.011(12). The STORMANS INC. v. SELECKY 14415 “practice of pharmacy” “includes the practice…