WSR 08-02-089

PROPOSED RULES

DEPARTMENT OF HEALTH


(Veterinary Board of Governors)

[ Filed January 2, 2008, 10:46 a.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: Chapter 246-935 WAC, Veterinary technician.

Hearing Location(s): Department of Health, 20435 72nd Avenue South, Second Floor, Conference Room One, Kent, WA 98032, on March 3, 2008, at 10:00 a.m.

Date of Intended Adoption: March 3, 2008.

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) 236-4947, by February 25, 2008.

Assistance for Persons with Disabilities: Contact Judy Haenke by February 25, 2008, TTY (800) 833-6388 or 711.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: HB 1331 changed the credential level of veterinary technicians from registration to licensure in law. Amendments to chapter 246-935 WAC as proposed will change all references to "registered" or "registration" to "licensed" or "licensure" in order to comply with the legislation. The proposed amendments will not change the credentialing requirements for veterinary technicians but will allow veterinary technicians to refer to themselves as licensed.

Reasons Supporting Proposal: HB 1331 (chapter 235, Laws of 2007) provides in part for licensure rather than registration of veterinary technicians. These proposed rules change the reference from "registered" to "licensed" and will allow veterinary technicians to use the title "licensed" when referring to themselves. The veterinary board of governors is developing rules to implement other provisions of HB 1331 under additional rule filings.

Statutory Authority for Adoption: RCW 18.92.030 and HB 1331 (chapter 235, Laws of 2007).

Statute Being Implemented: RCW 18.92.030 and HB 1331 (chapter 235, Laws of 2007).

Rule is not necessitated by federal law, federal or state court decision.

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

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Judy Haenke, Program Manager, P.O. Box 47868, Olympia, WA 98504-7868, (360) 236-4947.

No small business economic impact statement has been prepared under chapter 19.85 RCW. 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).

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

January 2, 2008

Judy Haenke

Acting Executive Director

OTS-9843.4


AMENDATORY SECTION(Amending WSR 02-10-135, filed 5/1/02, effective 6/1/02)

WAC 246-935-010   Definitions.   (1) "Veterinary technician" means any person who has met the requirements of RCW 18.92.015 and who is ((registered)) licensed as required by chapter 18.92 RCW.

(2) "Direct supervision" means the supervisor is on the premises, is quickly and easily available and the animal has been examined by a veterinarian at such times as acceptable veterinary medical practice requires, consistent with the particular delegated animal health care task.

(3) "Emergency" means that the animal has been placed in a life-threatening condition where immediate treatment is necessary to sustain life.

(4) "Immediate supervision" means the supervisor is in audible and visual range of the animal patient and the person treating the patient.

(5) "Indirect supervision" means the supervisor is not on the premises, but has given either written or oral instructions for treatment of the animal patient and the animal has been examined by a veterinarian at such times as acceptable veterinary medical practice requires, consistent with the particular delegated animal health care task and the animal is not anesthetized.

(6) "Supervisor" means a veterinarian or, if a task so provides, a veterinary technician.

(7) "Unregistered assistant" means any individual who is not a veterinary technician or veterinarian.

(8) "Veterinarian" means a person authorized by chapter 18.92 RCW to practice veterinary medicine in the state of Washington.

(9) "Veterinary medical facility" is as defined by WAC 246-933-310.

[Statutory Authority: RCW 18.92.030. 02-10-135, 246-935-010, filed 5/1/02, effective 6/1/02; 91-24-098 (Order 221B), 246-935-010, filed 12/4/91, effective 1/4/92; 91-02-060 (Order 108B), recodified as 246-935-010, filed 12/28/90, effective 1/31/91. Statutory Authority: RCW 18.92.015 and 18.92.030. 83-19-055 (Order PL 445), 308-156-010, filed 9/19/83. Statutory Authority: RCW 18.92.030. 80-01-069 (Order PL 332), 308-156-010, filed 12/21/79.]


AMENDATORY SECTION(Amending WSR 02-10-135, filed 5/1/02, effective 6/1/02)

WAC 246-935-020   Applications -- Veterinary technicians.   Applications for ((registration)) licensure as a veterinary technician shall be made on forms prepared by the secretary of the department of health and submitted to the department of health. Applications must be received at least sixty days prior to the scheduled examination. The application, in addition to the required fee, must be accompanied by satisfactory evidence of experience and/or official transcripts or other evidence of completion of educational courses approved by the board. The application shall be signed by the applicant. When the application and the accompanying evidence are found satisfactory, the secretary shall notify the applicant of eligibility to be scheduled for the veterinary technician examination.

[Statutory Authority: RCW 18.92.030. 02-10-135, 246-935-020, filed 5/1/02, effective 6/1/02; 92-02-057 (Order 233B), 246-935-020, filed 12/30/91, effective 1/30/92; 91-02-060 (Order 108B), recodified as 246-935-020, filed 12/28/90, effective 1/31/91. Statutory Authority: RCW 18.92.015 and 18.92.030. 83-19-055 (Order PL 445), 308-156-020, filed 9/19/83. Statutory Authority: RCW 18.92.030. 80-01-069 (Order PL 332), 308-156-020, filed 12/21/79.]


AMENDATORY SECTION(Amending WSR 02-10-135, filed 5/1/02, effective 6/1/02)

WAC 246-935-030   Grounds for denial, suspension or revocation of ((registration)) licensure.   The board may suspend, revoke or deny the issuance or renewal of ((registration)) license of any veterinary technician and file its decision in the secretary's office if the veterinary technician:

(1) Has employed fraud or misrepresentation in applying for or obtaining the ((registration)) license;

(2) Has within ten years prior to the date of application been found guilty of a criminal offense relating to the practice of veterinary medicine, surgery and dentistry, including, but not limited to:

(a) Any violation of the Uniform Controlled Substances Act or the Legend Drug Act;

(b) Chronic inebriety;

(c) Cruelty to animals;

(3) Has violated or attempted to violate any provision of chapter 18.92 RCW or any rule or regulation adopted pursuant to that chapter;

(4) Has assisted, abetted or conspired with another person to violate chapter 18.92 RCW, or any rule or regulation adopted under that chapter;

(5) Has performed any animal health care service not authorized by WAC 246-935-040 or 246-935-050.

[Statutory Authority: RCW 18.92.030. 02-10-135, 246-935-030, filed 5/1/02, effective 6/1/02; 91-24-098 (Order 221B), 246-935-030, filed 12/4/91, effective 1/4/92; 91-02-060 (Order 108B), recodified as 246-935-030, filed 12/28/90, effective 1/31/91. Statutory Authority: RCW 18.92.015 and 18.92.030. 83-19-055 (Order PL 445), 308-156-030, filed 9/19/83. Statutory Authority: RCW 18.92.030. 80-01-069 (Order PL 332), 308-156-030, filed 12/21/79.]


AMENDATORY SECTION(Amending WSR 07-17-169, filed 8/22/07, effective 9/22/07)

WAC 246-935-050   Animal health care tasks.   (1) Veterinary technicians.

No individual, other than a ((registered)) licensed veterinary technician, may advertise or offer her/his services in a manner calculated to lead others to believe that she/he is a trained or ((registered)) licensed veterinary technician.

Veterinary technicians are prohibited from performing the following activities: Surgery except as outlined below; diagnosis and prognosis; prescribing drugs, medication or appliances; initiation of treatment without prior instruction by a veterinarian except as outlined under emergency animal care.

(a) Immediate supervision. A veterinary technician may perform the following tasks only under the immediate supervision of a veterinarian:

(i) Assist veterinarian in surgery by tissue handling;

(ii) Assist veterinarian in surgery by instrument handling;

(iii) Dental extractions.

(b) Direct supervision. A veterinary technician may perform the following tasks under the direct supervision of a veterinarian:

(i) Endotracheal intubation;

(ii) Blood administration;

(iii) Fluid aspiration, including cystocentesis;

(iv) Intraperitoneal injections;

(v) Monitoring of vital signs of anesthetized patient;

(vi) Application of splints;

(vii) Induce anesthesia by intravenous, intramuscular, or subcutaneous injection or by inhalation;

(viii) Administration of immunological agents including rabies vaccination;

(ix) Catheterization of the unobstructed bladder;

(x) Ophthalmological procedure including:

(A) Tear production testing

(B) Topical anesthetic application

(C) Fluorescein staining of the cornea

(D) Tonometry;

(xi) Teeth cleaning, provided an oral examination of the anesthetized patient has been conducted by the veterinarian;

(xii) Microchip implantation;

(xiii) Floating teeth;

(xiv) Removal of partially exposed foxtails and porcupine quills;

(xv) Provide massage;

(xvi) Suturing. The use of a needle, cutting or tapered, and suture material, staples, wound clips or tissue glue to close a skin or gingival incision or prepared wound as directed by the attending licensed veterinarian under direct supervision. Suturing may include the use of needle holders, thumb forceps, tissue forceps, retractors and comparable instruments for gentle handling of the tissues to be repaired/closed by such suturing. Suturing does not include the use of cutting instruments such as scalpels, scissors, electrosurgical equipment or other instruments to remove skin or other tissues from the animal patient.

(c) Indirect supervision. A veterinary technician may perform the following tasks under the indirect supervision of a veterinarian. If the animal is anesthetized, these tasks require the direct supervision of a veterinarian:

(i) Enema;

(ii) Electrocardiography;

(iii) Application of bandages;

(iv) Gavage;

(v) Ear flush;

(vi) Radiology;

(A) Patient positioning;

(B) Operation of radiograph machines;

(C) Oral and rectal administration of radio-opaque materials;

(vii) Placement and securing of an intravenous catheter;

(viii) Injections of medications not otherwise prohibited:

(A) Intramuscular, excluding immunological agents

(B) Subcutaneous, excluding immunological agents

(C) Intravenous, including giving medication through an established intravenous catheter;

(ix) Oral medications;

(x) Topical medications;

(xi) Laboratory (specimen collections):

(A) Collection of tissue during or after a veterinarian has performed a necropsy

(B) Urine, except cystocentesis

(C) Blood

(D) Parasitology

(E) Exfoliative cytology

(F) Microbiology

(G) Fecal material

(xii) Laboratory (specimen testing):

(A) Urinalysis

(B) Hematology

(C) Serology

(D) Chemistries

(E) Endocrinology

(F) Parasitology

(G) Exfoliative cytology

(H) Microbiology

(I) Fecal analysis;

(xiii) Administration of preanesthetic drugs;

(xiv) Oxygen therapy;

(xv) Euthanasia in all circumstances as otherwise allowed by law;

(xvi) Removal of sutures;

(xvii) Indirect blood pressure measurement;

(xviii) Obtaining a general history from a client of a patient and the client's concerns regarding that patient;

(xix) Preliminary physical examination including temperature, pulse and respiration;

(xx) Behavioral consultation with clients;

(xxi) Dietary consultation with clients.

(2) Unregistered assistants.

Induction of anesthesia by any method is prohibited.

(a) Immediate supervision by veterinarian. An unregistered assistant may perform the following tasks only under the immediate supervision of a veterinarian:

(i) Assist veterinarian in surgery by tissue handling;

(ii) Assist veterinarian in surgery by instrument handling.

(b) Immediate supervision by veterinarian or veterinary technician. An unregistered assistant may perform the following tasks only under the immediate supervision of either a veterinarian or veterinary technician:

(i) Blood administration;

(ii) Laboratory (specimen collections):

(A) Hematology

(B) Exfoliative cytology, including skin scraping

(C) Microbiology

(D) Serology;

(iii) Placement and securing of an intravenous catheter.

(c) Direct supervision by veterinarian. An unregistered assistant may perform the following tasks only under the direct supervision of a veterinarian:

(i) Monitor vital signs of anesthetized patient;

(ii) Euthanasia in all circumstances as otherwise allowed by law;

(iii) Removal of sutures;

(iv) Teeth cleaning, provided an oral examination of the anesthetized patient has been conducted by the veterinarian;

(v) Provide massage;

(vi) Administration of immunological agents including rabies vaccination;

(vii) Microchip implantation;

(viii) Enema;

(ix) Removal of partially exposed foxtails and porcupine quills from skin and feet.

(d) Direct supervision by veterinarian or veterinary technician. An unregistered assistant may perform the following tasks under direct supervision of either a veterinarian or veterinary technician. If the animal is anesthetized, these tasks require immediate supervision of a veterinarian or a veterinary technician:

(i) Application of bandages;

(ii) Ear flush;

(iii) Electrocardiography;

(iv) Intramuscular or subcutaneous injections of medications not otherwise prohibited;

(v) Laboratory (test preparation, not evaluation):

(A) Parasitology

(B) Serology

(C) Urinalysis;

(vi) Preliminary physical examination including temperature, pulse and respiration;

(vii) Radiology:

(A) Patient positioning

(B) Operation of radiograph machines

(C) Rectal and oral administration of radio-opaque materials.

(e) Indirect supervision. An unregistered assistant may perform the following tasks under the indirect supervision of a veterinarian. If the animal is anesthetized, these tasks require the direct supervision of a veterinarian:

(i) Oral medications;

(ii) Topical medications;

(iii) Laboratory (specimen collection):

Collecting of voided urine and fecal material;

(iv) Oxygen therapy;

(v) Obtaining a general history from a client of a patient and the client's concerns;

(vi) Behavioral consultation with clients;

(vii) Dietary consultation with clients.

(3) Emergency animal care.

(a) Under conditions of an emergency, a veterinary technician and unregistered assistant may render certain life saving aid to an animal. A veterinary technician may:

(i) Apply tourniquets and/or pressure bandages to control hemorrhage;

(ii) Administer pharmacologic agents to prevent or control shock. Placement of an intravenous catheter and administering parenteral fluids, must only be performed after direct communication with a veterinarian, and only if the veterinarian is either present or immediately en route to the location of the distressed animal;

(iii) Administer resuscitative oxygen procedures;

(iv) Establish open airways including the use of intubation appliances, but excluding surgery;

(v) Administer external cardiac resuscitation;

(vi) Apply temporary splints or bandages to prevent further injury to bones or soft tissues;

(vii) Apply appropriate wound dressings and external supportive treatment in severe burn cases;

(viii) Apply external supportive treatment to stabilize body temperature.

(b) An unregistered assistant may:

(i) Apply tourniquets and/or pressure bandages to control hemorrhage;

(ii) Administer resuscitative oxygen procedures;

(iii) Establish open airways including intubation appliances, but excluding surgery;

(iv) Apply external supportive treatment to stabilize body temperature.

[Statutory Authority: RCW 18.92.030. 07-17-169, 246-935-050, filed 8/22/07, effective 9/22/07; 02-02-046, 246-935-050, filed 12/27/01, effective 1/27/02; 91-02-060 (Order 108B), recodified as 246-935-050, filed 12/28/90, effective 1/31/91. Statutory Authority: RCW 18.92.015 and 18.92.030. 83-19-055 (Order PL 445), 308-156-050, filed 9/19/83.]


AMENDATORY SECTION(Amending WSR 03-11-034, filed 5/15/03, effective 6/15/03)

WAC 246-935-070   Examination for ((registration)) licensure as a veterinary technician.   (1) All applicants shall be required to successfully complete the veterinary technician national examination as approved by the board, and the Washington state examination that consists of questions pertaining to the laws and rules regulating technicians.

(2) The passing criteria or score is:

(a) Criteria-referenced passing score on the national examination.

(b) Ninety percent on the Washington state examination.

[Statutory Authority: RCW 18.92.030. 03-11-034, 246-935-070, filed 5/15/03, effective 6/15/03; 93-08-029 (Order 353B), 246-935-070, filed 3/30/93, effective 4/30/93; 91-24-098 (Order 221B), 246-935-070, filed 12/4/91, effective 1/4/92; 91-02-060 (Order 108B), recodified as 246-935-070, filed 12/28/90, effective 1/31/91; 88-08-033 (Order PM 719), 308-156-060, filed 4/1/88. Statutory Authority: RCW 18.92.015 and 18.92.030. 83-19-055 (Order PL 445), 308-156-060, filed 9/19/83. Statutory Authority: RCW 18.92.030. 80-01-069 (Order PL 332), 308-156-060, filed 12/21/79.]


AMENDATORY SECTION(Amending WSR 02-10-135, filed 5/1/02, effective 6/1/02)

WAC 246-935-090   Examination review procedures.   (1) Each individual who takes the examination for ((registration)) licensure as a veterinary technician and does not pass the examination may request review by the board of his or her examination results. This request must be in writing and shall be received by the board within thirty days of notification of the examination results. The request shall state the reason or reasons the applicant feels the results of the examination should be changed. The board shall not consider any challenges to examination scores unless the total revised score could result in the issuance of a ((registration)) license. The board shall consider the following to be adequate reasons for consideration for review and possible modification of examination results:

(a) A showing of a significant procedural error in the examination process;

(b) Evidence of bias, prejudice or discrimination in the examination process;

(c) Other significant errors which result in substantial disadvantage to the applicant.

(2) Any applicant who is not satisfied with the result of the examination review may appeal the board's decision and may request a formal hearing before the board under the Administrative Procedure Act. The hearing shall be requested within twenty days of receipt of the result of the board's review of the examination results.

[Statutory Authority: RCW 18.92.030. 02-10-135, 246-935-090, filed 5/1/02, effective 6/1/02; 91-24-098 (Order 221B), 246-935-090, filed 12/4/91, effective 1/4/92; 91-02-060 (Order 108B), recodified as 246-935-090, filed 12/28/90, effective 1/31/91; 86-08-068 (Order PL 584), 308-156-075, filed 4/1/86.]

Washington State Code Reviser's Office