Effective Date of Rule: Thirty-one days after filing.

     Purpose: WAC 246-856-030 Delegation of authority to initiate investigation, the rule allows the board to delegate its authority to decide, for specific category of complaints, if the complaint merits an investigation. Delegation is to a department case management team. Members of the team must include, at a minimum, a board member, the executive director or his or her designee, a pharmacist investigator, and a staff attorney.

     Statutory Authority for Adoption: RCW 18.64.005.

     Other Authority: RCW 18.130.050 and 18.130.080.

      Adopted under notice filed as WSR 07-22-112 on November 7, 2007.

     Changes Other than Editing from Proposed to Adopted Version: The adopted rule varied from the proposed rule, but the general subject matter remains the same. Changes were made to reflect public comments. To clarify the intent of the rule, subsection (1) was changed to read "The board delegates the decision whether to initiate an investigation to a department case management team..." and in subsection (3) added to the list of case management team members "a board member..."

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 0, Repealed 0.

     Date Adopted: December 13, 2007.

Rebecca E. Hille

Board Chair

OTS-9930.9

NEW SECTION
WAC 246-856-030   Delegation of authority to initiate investigations.   (1) The board delegates the decision whether to initiate an investigation to a department case management team when the board or the 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 for the following categories:

     (a) Improper dispensing, including medication errors, unauthorized prescription refills and unauthorized drug product substitution;

     (b) Failure to provide patient counseling;

     (c) Record or inventory discrepancies;

     (d) Diversion or impairment;

     (e) Obtaining drugs by fraud;

     (f) Compounding or manufacturing violations;

     (g) Pharmacy inspection violations;

     (h) Criminal convictions;

     (i) Misrepresentation or fraud in any aspect of the conduct of the business or profession;

     (j) Theft;

     (k) Failure to comply with a board order or monitoring contract;

     (l) Sexual misconduct;

     (m) Failure to deliver a lawfully prescribed drug or device.

     (2) All complaints other than those listed under subsection (1) of this section will be reviewed by the board, which will decide whether to authorize the initiation of an investigation.

     (3) The case management team must include, at a minimum, a board member, the executive director or his or her designee, a pharmacist investigator, and a staff attorney.

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