WSR 07-03-151

PROPOSED RULES

DEPARTMENT OF HEALTH


(Veterinary Board of Governors)

[ Filed January 23, 2007, 4:02 p.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule and Other Identifying Information: New sections WAC 246-933-200 Delegation of authority to initiate investigations for veterinarians, 246-935-150 Delegation of authority to initiate investigations for veterinary technicians, and 246-937-120 Delegation of authority to initiate investigations for veterinary medication clerks. This proposal delegates authority to department of health through the case management team to determine that a case warrants investigation, and requires final approval from a member of the veterinary board of governors to actually initiate the investigation.

Hearing Location(s): Department of Health, Center Point Corporate Park, 20435 72nd Avenue South, Conference Room Two, Kent, WA 98032, on March 5, 2007, at 10:00 a.m.

Date of Intended Adoption: March 5, 2007.

Submit Written Comments to: Judy Haenke, Program Manager, P.O. Box 47868, Olympia, WA 98504-7868, web site http://www3.doh.wa.gov/policyreview/, fax (360) 586-4359, by February 26, 2007.

Assistance for Persons with Disabilities: Contact Judy Haenke by February 26, 2007, TTY (800) 833-6388 or 711.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposed rule is to allow the board to delegate the decision of whether to investigate a complaint against a veterinarian, veterinary technician or veterinary medication clerk to the department through the case management team. A member of the veterinary board of governors will provide final review and approval of the recommendation. This delegation will allow more frequent review of cases, resulting in cases moving more quickly through the disciplinary process, while reducing workload. This process will protect the public health and safety by expediting the initiation of investigations. The proposed rule creates three new sections. There are no changes to existing rules.

Reasons Supporting Proposal: A recent court of appeals decision, Client A v. Yoshinaka, 128 Wn. App. 833, 116 P.3d 1081 (2005), clarified that the disciplinary authority must determine whether a case should be investigated unless that decision-making authority was delegated through the formal rules process. The proposed rule will delegate the decision to investigate to a department of health case management team, while maintaining board oversight. The delegation will allow cases to move through the investigative process more quickly.

Statutory Authority for Adoption: RCW 18.92.030 and 18.130.050.

Statute Being Implemented: RCW 18.130.080.

Rule is necessary because of state court decision, Client A V. Yoshinaka, 128 Wn. App. 833, 116 P.3d 1081 (2005).

Name of Proponent: Department of health, veterinary board of governors, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Judy Haenke, 310 Israel Road S.E., Tumwater, WA 98501, (360) 236-4947.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The department has determined that the proposed rule relates to internal governmental operations that are not subject to violation by a nongovernmental party. The rule is exempt from a small business economic impact statement under RCW 19.85.025, which does not apply to rules adopted under RCW 34.05.310 (4)(b).

A cost-benefit analysis is not required under RCW 34.05.328. This rule is exempt from the cost-benefit analysis requirements under RCW 34.05.328 (5)(b)(ii).

January 22, 2007

Lisa Salmi

Acting Executive Director

OTS-9386.1

DELEGATION OF AUTHORITY -- VETERINARY
NEW SECTION
WAC 246-933-200   Delegation of authority to initiate investigations.   The board delegates to a department of health case management team the authority to initiate an investigation when the board or department receives information that a licensee may have engaged in unprofessional conduct or may be unable to practice with reasonable skill and safety by reason of a mental or physical condition. The case management team will consist of, at a minimum, the executive director or his or her designee, an investigator and a staff attorney. A member of the board licensed under chapter 18.92 RCW will provide final review and approval of the decision to investigate.

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OTS-9387.1

DELEGATION OF AUTHORITY -- VETERINARY TECHNICIANS
NEW SECTION
WAC 246-935-150   Delegation of authority to initiate investigations.   The board delegates to a department of health case management team the authority to initiate an investigation when the board or department receives information that a registered veterinary technician may have engaged in unprofessional conduct or may be unable to practice with reasonable skill and safety by reason of a mental or physical condition. The case management team will consist of, at a minimum, the executive director or his or her designee, an investigator and a staff attorney. A member of the board licensed under chapter 18.92 RCW will provide final review and approval of the decision to investigate.

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OTS-9388.1

DELEGATION OF AUTHORITY -- VETERINARY MEDICATION CLERKS
NEW SECTION
WAC 246-937-120   Delegation of authority to initiate investigations.   The board delegates to a department of health case management team the authority to initiate an investigation when the board or department receives information that a registered veterinary medication clerk may have engaged in unprofessional conduct or may be unable to practice with reasonable skill and safety by reason of a mental or physical condition. The case management team will consist of, at a minimum, the executive director or his or her designee, an investigator and a staff attorney. A member of the board licensed under chapter 18.92 RCW will provide final review and approval of the decision to investigate.

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Washington State Code Reviser's Office