WSR 06-19-030

OFFICE OF

THE GOVERNOR

[ Filed September 13, 2006, 9:22 a.m. ]


NOTICE OF APPEAL

RCW 34.05.330(3)



Pursuant to RCW 34.05.330(3), you are hereby notified for publication in the Washington State Register that:

On August 4, 2006, the Governor received an appeal from Adam P. Karp relating to the Department of Health's denial of a petition to add a new Rule. The Governor's Office denied Mr. Karp's Petition on September 11, 2006.

DATE: September 11, 2006

Richard E. Mitchell

General Counsel to the Governor



September 11, 2006


Adam P. Karp

114 W. Magnolia Street, Suite 425

Bellingham, WA 99225


Dear Mr. Karp:


This letter is in response to your August 2, 2006 petition requesting an appeal of a denied rulemaking petition filed with the Veterinary Board of Governors (Board). Specifically, your petition appeals the Board's denial to adopt a new rule addressing veterinary practices and patient-client expectations through informed consent.


According to the Administrative Procedures Act, the Governor does not have jurisdiction to consider a petition regarding an agency's denial to adopt a new rule. RCW 34.05.330(3).


Notwithstanding the lack of jurisdiction, the Governor recognizes that the Board is authorized to establish rules that are in the interest of good veterinary health care delivery to the consuming public. However, the Board does not have statutory authority to develop informed consent rules in the veterinary context. Per Chapter 7.70 RCW, the Legislature codified the duty of informed consent in health care treatment for cases pertaining to human injury. An extension of this duty to veterinary practice would require legislative action.


The Governor appreciates your commitment to ensuring the safe and humane practice of veterinary medicine. She asks that you contact me at (360) 902-0484 if you have further questions.

Sincerely,

Richard E. Mitchell

General Counsel

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

Washington State Code Reviser's Office