WSR 05-20-106

PERMANENT RULES

DEPARTMENT OF HEALTH


(Board of Pharmacy)

[ Filed October 5, 2005, 10:12 a.m. , effective November 8, 2005 ]


Purpose: This rule provides Department of Fish and Wildlife biologists, officers, and veterinarians with access to controlled substances for use in chemical capture programs. The rule establishes requirements for registration, drug storage, training, records and reports, lists controlled substances approved for use, and describes penalties for violating the rule.

Citation of Existing Rules Affected by this Order: Amending chapter 246-887 WAC.

Statutory Authority for Adoption: RCW 69.50.320, 18.64.005.

Adopted under notice filed as WSR 05-14-157 on July 6, 2005.

Changes Other than Editing from Proposed to Adopted Version: WAC 246-887-260 was amended to remove the reference to "emergency use." Removing the term "emergency" clarifies that the drugs will be used by Department of Fish and Wildlife biologists, officers, and veterinarians in the field on a routine basis. The amended language reflects current business practices.

WAC 246-887-270(4) was amended to require a physical inventory of drugs every twelve months instead of six months.

A final cost-benefit analysis is available by contacting Lisa Salmi, P.O. Box 47863, Olympia, WA 98504-7863, phone (360) 236-4828, fax (360) 586-4359, e-mail Lisa.Salmi@doh.wa.gov.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 8, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 8, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 8, Amended 0, Repealed 0.

Date Adopted: August 10, 2005.

George Roe

Chair

OTS-6722.3


NEW SECTION
WAC 246-887-220   Chemical capture programs.   Purpose. Wildlife management programs often require the use of controlled substances for chemical capture programs. The purpose of these rules is to set requirements for the use of controlled substances in department of fish and wildlife chemical capture programs. Chemical capture includes immobilization of individual animals in order for the animals to be moved, treated, examined, or other legitimate purpose.

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NEW SECTION
WAC 246-887-230   Registration requirements.   (1) The department of fish and wildlife may apply to the board for a limited registration under chapter 69.50 RCW (Controlled Substance Act) to purchase, possess, and administer controlled substances for use in chemical capture programs.

(2) Each department of fish and wildlife field office that stores controlled substances must register with the board. The department of fish and wildlife shall notify the board in writing of the names of individuals who are authorized to possess and administer controlled substances.

(3) In addition, the department of fish and wildlife shall designate one individual at each field office who shall be responsible for the ordering, possession, safe storage, and utilization of controlled substances. The department of fish and wildlife shall notify the board in writing of the name of the designated individual.

(4) Controlled substances obtained under this limited registration shall be for veterinary use only.

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NEW SECTION
WAC 246-887-240   Authorized individuals.   To be eligible to possess and/or administer controlled substances, individuals must successfully complete an approved training program. The following individuals are authorized to possess and administer controlled substances:

(1) Department of fish and wildlife officers;

(2) Department of fish and wildlife biologists; and

(3) Department of fish and wildlife veterinarians.

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NEW SECTION
WAC 246-887-250   Controlled substances training.   The department of fish and wildlife shall establish written policies and procedures to ensure that officers and biologists who administer controlled substances have received sufficient training. The training shall include, at a minimum, the safe handling and administration of controlled substances and the potential hazards. Officers and biologists must be able to demonstrate adequate knowledge of the potential hazards and proper techniques to be used in administering controlled substances.

The written policies and procedures shall be approved by the board. Any amendments or deletions to the policies and procedures must be approved by the board prior to implementation.

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NEW SECTION
WAC 246-887-260   Storage requirements.   Each registered location shall store the controlled substances in a securely locked, substantially constructed cabinet. Keys to the storage area shall be restricted to those persons authorized by the department of fish and wildlife to possess and administer the drugs.

Schedule II controlled substances shall be stored in a safe or steel cabinet equivalent to a U.S. Government Class V security container.

In addition to field offices, the department of fish and wildlife may allow officers, biologists, and veterinarians to possess a supply of controlled substances for use in the field. The field supply shall be stored in a locked metal box securely attached to a vehicle. The designated officer, biologist, or veterinarian shall be responsible to ensure that the controlled substances are accounted for at all times. All receipts and use of controlled substances from the field supply shall be recorded in a bound logbook with sequentially numbered pages.

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NEW SECTION
WAC 246-887-270   Controlled substances records and reports.   (1) The department of fish and wildlife shall be responsible for maintaining all records and submitting all reports required by federal or state law or regulation.

(2) A bound logbook with sequentially numbered pages shall be kept documenting the receipt and disposition of all controlled substances. In addition, all receipts and invoices shall be maintained for a period of two years.

(3) All records shall be available for inspection by the board or any officer who is authorized to enforce this chapter.

(4) A physical inventory of approved controlled substances shall be performed, reconciled, and documented every twelve months. The inventory shall be signed and dated by the designated individual.

(5) Any discrepancy in the actual inventory of approved controlled substances shall be documented and reported immediately to the responsible supervisor who shall investigate the discrepancy. Any discrepancy that has not been corrected within seven days shall be reported in writing to the board of pharmacy and the Drug Enforcement Administration (DEA).

(6) Unwanted or unused controlled substances shall be returned to the manufacturer or destroyed in accordance with the rules and requirements of the board, the Drug Enforcement Administration, and the department of ecology.

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NEW SECTION
WAC 246-887-280   Approved controlled substances.   (1) The following controlled substances are hereby designated as approved controlled substances for use by officers and biologists of the department of fish and wildlife for chemical capture programs:

(a) Ketamine;

(b) Tiletamine and zolazepam (Telazol);

(c) Diazepam (Valium);

(d) Carfentanil (Wildnil); and

(e) Diprenorphine.

(2) Other controlled substances as approved by rule of the board after consultation with the department of fish and wildlife.

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NEW SECTION
WAC 246-887-290   Controlled substances registration disciplinary actions.   In addition to any criminal or civil liabilities that may occur, the board may suspend or revoke a registration upon determination that the person administering controlled substances has not demonstrated adequate knowledge of the potential hazards and proper techniques to be used in administering controlled substances.

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Washington State Code Reviser's Office