THE GOVERNOR
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.