PROPOSED RULES
Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule and Other Identifying Information: WAC 246-840-420 Authorized prescriptions by the ARNP with prescriptive authority, 246-840-421 How do advanced registered nurse practitioners qualify for prescriptive authority for Schedule II-IV drugs?, 246-840-422 Criteria for joint practice arrangement, 246-840-423 Endorsement of joint practice arrangements for ARNP licensure, 246-840-424 Process for joint practice arrangement termination, 246-840-426 Education for prescribing Schedule II-IV drugs, and 246-840-427 Jurisdiction.
Hearing Location(s): Nursing Care Quality Assurance Commission Meeting, The Comfort Inn Conference Center, 1620 74th Avenue S.W., Tumwater, WA 98501, on November 4, 2005, at 10:00 a.m.
Date of Intended Adoption: November 4, 2005.
Submit Written Comments to: Kendra Pitzler, P.O. Box 47864, Olympia, WA 98504-7864, rules comment web site http://www3.doh.wa.gov/policyreview/, fax (360) 236-4738, by October 28, 2005.
Assistance for Persons with Disabilities: Contact Kendra Pitzler by October 21, 2005, TTY (800) 833-6388 or (360) 236-4723.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposed rule changes is to implement HB 1479, chapter 28, Laws of 2005. This legislation rescinds the requirement for advanced registered nurse practitioners (ARNPs) to have a joint practice arrangement when prescribing Schedule II through IV drugs.
The existing rules allow an ARNP with prescriptive authority to independently prescribe controlled substances listed in Schedule IV provided that they have prescriptive authority and have registered with the Drug Enforcement Agency (DEA). To prescribe those drugs listed in Schedules II through IV, an ARNP is required to obtain a joint practice arrangement in writing with a physician or osteopathic physician as well as register with the DEA. That written arrangement must be submitted to the department in order to obtain an endorsement to prescribe those drugs.
The proposal amends the current rules to include independent prescriptive authority of Schedule II through IV controlled substances without a joint practice arrangement as long as the ARNP is registered with the DEA. The proposal repeals rules that pertain to joint practice arrangements.
Reasons Supporting Proposal: The proposal implements 2005 legislation (HB 1479, chapter 28, Laws of 2005) by eliminating the need for ARNPs to acquire and submit joint practice arrangements in order to receive an endorsement from the department allowing them to prescribe drugs on Schedules II through IV. By eliminating this requirement, the proposed changes will help increase consumer access to primary care.
Statutory Authority for Adoption: RCW 18.79.240 and chapter 28, Laws of 2005.
Statute Being Implemented: Chapter 28, Laws of 2005.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of Health, governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: Kendra Pitzler, 310 Israel Road S.E., Tumwater, WA 98501, (360) 236-4723; and Enforcement: Paula Meyer, 310 Israel Road S.E., Tumwater, WA 98501, (360) 236-4713.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The department did not conduct a small business [economic] impact statement under RCW 19.85.025 because the chapter does not apply to rules that adopt or incorporate by reference and without material changes Washington state statutes per RCW 34.05.310 (4)(c).
A cost-benefit analysis is not required under RCW 34.05.328. A cost-benefit analysis is not required under RCW 34.05.328 (5)(b)(iii) because the proposal adopts a Washington state statute by reference and without material changes.
August 9, 2005
Judith D. Personnett, Chair
Nursing Care Quality Assurance Commission
OTS-8157.2
AMENDATORY SECTION(Amending WSR 97-13-100, filed 6/18/97,
effective 7/19/97)
WAC 246-840-420
Authorized prescriptions by the ARNP
with prescriptive authority.
(1) Prescriptions for drugs
((shall)) must comply with all applicable state and federal
laws.
(2) The prescriber must sign all prescriptions ((shall be
signed by the prescriber with)) and include the initials ARNP.
(3) ((Prescriptions for)) An ARNP may not, under RCW 18.79.240(1) and chapter 69.50 RCW, prescribe controlled
substances in Schedule((s)) I ((through IV are prohibited by
RCW 18.79.240 (1)(r))).
(4) Any ARNP with prescriptive authorization who
prescribes ((Schedule V)) controlled substances ((shall)) must
register with the drug enforcement administration.
[Statutory Authority: Chapter 18.79 RCW. 97-13-100, § 246-840-420, filed 6/18/97, effective 7/19/97.]
The following sections of the Washington Administrative Code are repealed:
| WAC 246-840-421 | How do advanced registered nurse practitioners qualify for prescriptive authority for Schedule II - IV drugs? |
| WAC 246-840-422 | Criteria for joint practice arrangement. |
| WAC 246-840-423 | Endorsement of joint practice arrangements for ARNP licensure. |
| WAC 246-840-424 | Process for joint practice arrangement termination. |
| WAC 246-840-426 | Education for prescribing Schedule II - IV drugs. |
| WAC 246-840-427 | Jurisdiction. |