WSR 08-15-085

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF HEALTH


[ Filed July 16, 2008, 5:34 p.m. ]

Subject of Possible Rule Making: TITLE 246 WAC, adding new chapter for prescription monitoring program (PMP). The department of health will develop procedures and enforceable standards for the collection, analysis, and reporting of information on prescribing and dispensing of controlled substances. The PMP will be designed to monitor the prescribing and dispensing of all Schedules II, III, IV, and V controlled substances and any additional drugs identified by the board of pharmacy as demonstrating a potential for abuse.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 70.225.025, implementing SSB 5930, enacted during the 2007 legislative session.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Chapter 70.225 RCW requires the department of health to adopt rules to establish and maintain a prescription monitoring program. The program is intended to improve health care quality and effectiveness by reducing diversion and the abuse of controlled substances, reducing duplicative prescribing and over-prescribing of controlled substances and improving controlled substance prescribing practices.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The federal Drug Enforcement Administration (DEA) regulates the drugs that will be monitored by the program. The board of pharmacy (BOP) has the authority to regulate the dispensing of drugs, devices, and practice of pharmacy in the state of Washington. The prescription monitoring program law also gives the BOP the authority to identify additional drugs to be monitored that demonstrate a potential for abuse. The DEA and BOP will be invited to participate in the stakeholder process.

Process for Developing New Rule: Collaborative rule making - mailings and public stakeholder meetings.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Parties interested in participating and receiving additional information regarding the development of rules in this matter may join an interested parties list. Please send your e-mail request to the Department of Health, P.O. Box 47863, Olympia, WA 98504 or via e-mail to wsbop@doh.wa.gov. If you have any questions, please contact Doreen Beebe at (360) 236-4834.

July 16, 2008

Mary C. Selecky

Secretary

Washington State Code Reviser's Office