WSR 10-06-086

PERMANENT RULES

DEPARTMENT OF HEALTH


(Veterinary Board of Governors)

[ Filed March 1, 2010, 2:02 p.m. , effective April 1, 2010 ]


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

Purpose: WAC 246-935-400 through 246-935-440, adding a new section defining nondiscretionary functions used in preparation, and 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.

Statutory Authority for Adoption: RCW 18.92.030, 18.92.013.

Adopted under notice filed as WSR 10-01-063 on December 10, 2009.

A final cost-benefit analysis is available by contacting Judy Haenke, P.O. Box 47852, Olympia, WA 98504, phone (360) 236-4947, fax (360) 236-2901, e-mail judy.haenke@doh.wa.gov.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 5, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 5, Amended 0, Repealed 0.

Date Adopted: March 1, 2010.

Timothy D. Gintz, 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.

[]


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.

[]


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.

[]


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.

[]


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.

[]

Washington State Code Reviser's Office