WSR 10-16-111

EXPEDITED RULES

DEPARTMENT OF HEALTH


(Board of Pharmacy)

[ Filed August 2, 2010, 4:29 p.m. ]

Title of Rule and Other Identifying Information: WAC 246-887-280 Approved controlled substances, the board of pharmacy (BOP) is considering approving Butorphanol, Midazolam, and Fentanyl for use by authorized individuals of the Washington department of fish and wildlife (WDFW) for wildlife management chemical capture programs.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Doreen E. Beebe, Department of Health, Washington State Board of Pharmacy, P.O. Box 47863, Olympia, WA 98504-7863 , AND RECEIVED BY November 1, 2010.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule will add Butorphanol, Midazolam, and Fentanyl to the list of approved controlled substances authorized for use by WDFW wildlife management programs. The BOP, in consultation with WDFW, has determined that these drugs are appropriate to add to the list of drugs that may be used when individual animals must be immobilized or captured to be moved, treated, examined or other legitimate purpose. Additional housekeeping changes are proposed to increase readability.

Reasons Supporting Proposal: Chemical capture methods should be performed using drugs that provide adequate sedation for the safety of the WDFW authorized agent and the welfare of the animal. RCW 69.40.320 authorizes the BOP to add controlled substances to the approved list as needed. The proposed rule makes available new drug combinations and pharmaceuticals that have demonstrated through wildlife research to be more effective in certain circumstances and with certain species, such as marine mammals.

The expedited rule-making process is appropriate for rules that apply only to internal governmental operations that are not subject to violation by a nongovernment party under RCW 34.05.353 (1)(a).

Statutory Authority for Adoption: RCW 69.50.320 and 18.64.005.

Statute Being Implemented: RCW 69.50.320.

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

Name of Proponent: Washington department of fish and wildlife, Washington state board of pharmacy, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Doreen E. Beebe, 310 Israel Road S.E., Tumwater, WA 98501, (360) 236-4834.

July 30, 2010

Gary G. Harris, Chair

Board of Pharmacy

OTS-3236.2


AMENDATORY SECTION(Amending WSR 05-20-106, filed 10/5/05, effective 11/8/05)

WAC 246-887-280   Approved controlled substances.   (((1))) The following controlled substances are ((hereby designated as)) approved ((controlled substances)) for use by officers and biologists of the department of fish and wildlife for chemical capture programs:

(((a))) (1) Butorphanol;

(2) Diazepam (Valium);

(3) Diprenorphine;

(4) Carfentanil (Wildnil);

(5) Fentanyl;

(6) Ketamine;

(((b))) (7) Midazolam; and

(8) Tiletamine and zolazepam (Telazol)((;

(c) Diazepam (Valium);

(d) Carfentanil (Wildnil); and

(e) Diprenorphine.

(2) Other controlled substances as approved by rule of the board after consultation with the department of fish and wildlife)).

[Statutory Authority: RCW 69.50.320, 18.64.005. 05-20-106, 246-887-280, filed 10/5/05, effective 11/8/05.]

Washington State Code Reviser's Office