WSR 10-01-063

PROPOSED RULES

DEPARTMENT OF HEALTH


(Veterinary Board of Governors)

[ Filed December 10, 2009, 1:01 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-13-106.

Title of Rule and Other Identifying Information: WAC 246-935-400 through 246-935-440, adding a new section to define nondiscretionary functions used in preparation, and the administration of, legend drugs, nonlegend drugs and controlled substances associated with the practice of veterinary medicine which may be delegated to a licensed veterinary technician by a licensed veterinarian.

Hearing Location(s): Department of Health, Creekside Three at Center Point, Conference Room 2, 20435 72nd Avenue South, Kent, WA 98032, on January 26, 2010, at 10:00 a.m.

Date of Intended Adoption: January 26, 2010.

Submit Written Comments to: Judy Haenke, Program Manager, P.O. Box 47852, Olympia, WA 98504-7868, web site http://www3.doh.wa.gov/policyreview/, fax (360) 236-2901, by January 25, 2010.

Assistance for Persons with Disabilities: Contact Judy Haenke by January 19, 2010, TTY (800) 833-6388 or 711.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of these rules is to define and clarify nondiscretionary functions used in preparing, and the administration of legend drugs, nonlegend drugs, and controlled substances that may be delegated by a veterinarian to a licensed veterinary technician. The supervising veterinarian shall have legal responsibility for the health, safety, and welfare of the animal patient which the licensed veterinary technician serves.

Reasons Supporting Proposal: SHB 1271 (chapter 136, Laws of 2009, amending RCW 18.92.013) allows a veterinarian to delegate to a veterinary technician certain nondiscretionary functions used in the preparing of legend drugs, nonlegend drugs and controlled substances. The bill also authorizes a licensed veterinary technician to administer legend drugs and controlled substances. Developing standards to define specific nondiscretionary functions will provide the public with assurance that authorized drugs are being prepared and administered under appropriate supervision.

Statutory Authority for Adoption: RCW 18.92.030, 18.92.013.

Statute Being Implemented: RCW 18.92.013.

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 47852, Olympia, WA 98504-7868, (360) 236-4947.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule would not impose more than minor costs on businesses in an industry.

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Judy Haenke, Program Manage [Manager], P.O. Box 47869, Olympia, WA 98504, phone (360) 236-4947, fax (360) 236-2901, e-mail judy.haenke@doh.wa.gov.

December 10, 2009

Harmon A. Rogers, DVM, Chair

Veterinary Board of Governors

OTS-2684.6

PREPARATION AND ADMINISTRATION OF LEGEND DRUGS, NONLEGEND DRUGS AND CONTROLLED SUBSTANCES
NEW SECTION
WAC 246-935-400   Citation and purpose.   As provided in RCW 18.92.013, the purpose of WAC 246-935-400 through 246-935-440, unless the context clearly requires otherwise, is to define and clarify nondiscretionary functions used in preparing, and administration of, legend drugs, nonlegend drugs, and controlled substances that may be delegated by a veterinarian to a licensed veterinary technician. The supervising veterinarian shall have legal responsibility for the health, safety, and welfare of the animal patient which the licensed veterinary technician serves. The supervising veterinarian shall delegate animal health care tasks only if the licensed veterinary technician is qualified to perform the task and the task is not precluded by the medical condition of the animal patient.

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NEW SECTION
WAC 246-935-410   Definitions.   The definitions in this section apply throughout WAC 246-935-400 through 246-935-440 unless the context clearly requires otherwise.

"Administer" means the direct application of a drug whether by injection, inhalation, ingestion, or any other means, to the body of a patient.

"Controlled substance" means a drug, substance, or immediate precursor included in Schedules I through V as set forth in federal or state laws, or federal or board of pharmacy rules.

"Deliver" or "delivery" means the actual, constructive, or attempted transfer from one person to another of a legend drug or controlled substance, whether or not there is an agency relationship.

"Legend drugs" means any drugs which are required by state law or regulation of the state board of pharmacy to be dispensed on prescription only or are restricted to use by practitioners only.

"Preparing" includes the proper selection, measuring, labeling, or packaging necessary to prepare a prescription or order from a licensed veterinarian for delivery.

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NEW SECTION
WAC 246-935-420   Delegated nondiscretionary functions used in preparing, and the administration of, legend drugs, nonlegend drugs and controlled substances.   Nondiscretionary functions, tasks or actions used in preparing, and the administration of, legend drugs, nonlegend drugs and controlled substances, delegated orally or in writing by the supervising veterinarian to the licensed veterinary technician are:

Accessing the drug;

Selecting the appropriate quantity;

Packaging and labeling of the drug;

Administering the drug to the animal patient; and

Delivery of the drug to the owner or authorized agent.

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NEW SECTION
WAC 246-935-430   Controlled substance storage and records.   (1) Under WAC 246-933-320, it is the responsibility of a licensed veterinarian to assure that:

(a) All controlled substances are maintained in a locked cabinet or other suitable secure container according to federal and Washington state laws;

(b) Controlled substance records are readily retrievable, according to federal and Washington state laws. Records shall be maintained in sufficient detail to account for the receipt, use, and disposition of all controlled substances.

(2) A licensed veterinary technician shall ensure that proper storage and records of controlled substances are maintained during the performance of delegated functions related to controlled substances.

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NEW SECTION
WAC 246-935-440   Maintenance of patient medical records.   The licensed veterinary technician shall include sufficient information in the patient medical record to document the care and treatment provided by the licensed veterinary technician. The records relating to delegated nondiscretionary functions used in preparing, and the administration of, legend drugs, nonlegend drugs and controlled substances shall, at a minimum, include dosage and route of the drugs prepared, administered, or delivered in response to a prescription or order from a licensed veterinarian.

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Washington State Code Reviser's Office