WSR 15-16-042 PROPOSED RULES DEPARTMENT OF HEALTH (Veterinary Board of Governors) [Filed July 28, 2015, 2:43 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-03-039.
Title of Rule and Other Identifying Information: WAC 246-935-050 Animal health care tasks, the veterinary board of governors (board) is proposing an amendment to increase the level of supervision required for the administration of veterinary biologics for those diseases listed in WAC 16-42-026(1), including rabies, by veterinary technicians and unregistered assistants to align with Washington state department of agriculture (WSDA) rules.
Hearing Location(s): Department of Health, Creekside Two at Center Point, 20425 72nd Avenue South, Room 307, Kent, WA 98032, on October 5, 2015, at 11:00 a.m.
Date of Intended Adoption: October 5, 2015.
Submit Written Comments to: Loralei Walker, 111 Israel Road S.E., Tumwater, WA 98501, e-mail http://www3.doh.wa.gov/policyreview/, fax (360) 236-2901, by October 1, 2015.
Assistance for Persons with Disabilities: Contact Loralei Walker by September 28, 2015, TTY (800) 833-6388 or 711.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WAC 246-935-050 Animal health care tasks, the board is proposing an amendment to increase the level of supervision required for the administration of veterinary biologics for those diseases listed in WAC 16-42-026(1), including rabies, by veterinary technicians and unregistered assistants from indirect supervision of a veterinarian to direct supervision of a veterinarian. The proposal also clarifies information that should appear on a rabies certificate.
Reasons Supporting Proposal: There is a conflict between board rules and WSDA rules regarding the level of supervision required when a veterinary technician administers a rabies injection. RCW 16.36.020(2) gives the director of WSDA the authority to regulate the sale, distribution, and use of veterinary biologics in the state. The board proposes to align its rules with WSDA's requirement for direct supervision by a veterinarian for administration of biologics listed in WAC 16-42-026.
Statutory Authority for Adoption: RCW 18.92.030.
Statute Being Implemented: RCW 18.92.030.
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: Loralei Walker, Program Manager, 111 Israel Road S.W., Tumwater, WA 98501, (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 Loralei Walker, 111 Israel Road S.E., Tumwater, WA 98501, phone (360) 236-4947, fax (360) 236-2901, e-mail loralei.walker@doh.wa.gov.
July 28, 2015
Kathy J. Schmitt
Deputy Director
Health Professions and Facilities
AMENDATORY SECTION (Amending WSR 09-15-120, filed 7/17/09, effective 8/17/09)
WAC 246-935-050 Animal health care tasks.
No individual, other than a licensed veterinary technician, may advertise or offer her/his services in a manner calculated to lead others to believe that she/he is a trained or licensed veterinary technician.
(1) Licensed veterinary technicians and unregistered assistants are prohibited from performing the following activities:
(a) Surgery except as outlined below;
(b) Diagnosis and prognosis;
(c) Prescribing drugs, medication or appliances;
(d) Initiation of treatment without prior instruction by a veterinarian except as outlined under emergency animal care.
(2) Immediate supervision. Unregistered assistants are not authorized to perform the tasks in this section. A licensed veterinary technician may perform the following tasks only under the immediate supervision of a veterinarian: Dental extractions.
(3) Direct supervision. Unregistered assistants are not authorized to perform the tasks in this section. A licensed veterinary technician may perform the following tasks only under the direct supervision of a veterinarian:
(a) Anesthesia:
(i) Induction, including preanesthesia;
(ii) Maintenance;
(iii) Monitoring.
(b) Application of casts and splints;
(c) Floating teeth;
(d) Intraperitoneal injections;
(e) Blood administration;
(f) Closure, including suturing, of prepared skin wound or gingival incision;
(g) Arterial and central venous catheters.
(4) Indirect supervision. Unregistered assistants are not authorized to perform the tasks in this section. A licensed veterinary technician may perform the following tasks only under the indirect supervision of a veterinarian:
(a) Intravenous injections into uncatheterized vein;
(b) Centesis, including fine needle aspirates;
(c) Unobstructed bladder catheter;
(d) Diagnostic procedures:
(i) Fecal analysis;
(ii) Electrocardiograms;
(iii) Blood pressure;
(iv) Cytology analysis, including urinalysis and hematology;
(v) Microbiology.
(e) Placement and use of nasogastric and orogastric tubes for gavage, lavage, or reflux;
(f) Ophthalmological procedures:
(i) Tear production testing;
(ii) Topical anesthetic application;
(iii) Fluorescein staining of the cornea;
(iv) Tonometry.
(g) Tasks authorized to be performed under immediate or direct supervision for unregistered assistants, may be performed by licensed veterinary technicians under indirect supervision unless otherwise restricted.
(5) Immediate supervision for unregistered assistants. An unregistered assistant may perform the following tasks only under the immediate supervision of a veterinarian or licensed veterinary technician:
(a) Place and secure an intravenous catheter;
(b) Monitor vital signs of an anesthetized patient;
(c) Dental prophy.
(6) Direct supervision for unregistered assistant. An unregistered assistant may perform the following tasks only under the direct supervision of a veterinarian or licensed veterinary technician:
(a) Intravenous injection into catheterized vein;
(b) ((Biologics injections (vaccines))) Vaccines (except for rabies and those diseases described in subsection (8) of this section) with the veterinarian's verification signature on an appropriate certificate;
(c) Imaging procedures;
(d) Removal of sutures, drain tubes and staples;
(e) Bandaging;
(f) Removal of exposed foreign bodies;
(g) Lab sample collection and test preparation (not evaluation) to include:
(i) Venipuncture;
(ii) Skin scraping.
(h) Microchip implantation;
(i) Enema;
(j) Ear flush;
(k) Perform electrocardiogram and blood pressure measurements;
(l) Intramuscular and subcutaneous injection;
(m) Massage except where regulated.
(7) Indirect supervision for unregistered assistants. An unregistered assistant must always be under the indirect supervision of a veterinarian or licensed veterinary technician, except as listed in subsections (5) and (6) of this section. Tasks not specifically listed or otherwise restricted may be performed by a licensed veterinary technician or unregistered assistant under the indirect supervision of a veterinarian.
(8) Veterinary biologics. Licensed veterinary technicians and unregistered assistants may only administer veterinary biologics for rabies and those diseases listed in WAC 16-42-026(1) under the direct supervision of a veterinarian.
(9) Rabies vaccinations require an appropriate rabies certificate. The certificate is considered part of the medical record and must contain at least the following information:
(a) Owner's name, address, and telephone number;
(b) Species age, breed, gender, size, name, and predominant colors/markings;
(c) Month, day, and year of vaccination;
(d) Month, day, and year of next vaccination due date;
(e) Product name and identification of manufacturer;
(f) Effective date of vaccine, example: One year, three years;
(g) Vaccine serial or lot number; and
(h) Veterinarian's name, license number, address, and signature.
(10) To be authorized to dispense pharmaceuticals, unregistered assistants must be registered as a veterinary medication clerk under chapter 246-937 WAC.
(((9))) (11) Emergency animal care. Under conditions of an emergency, a licensed veterinary technician and unregistered assistant may render certain life saving aid to an animal patient.
(a) A licensed veterinary technician may:
(i) Apply emergency cardiopulmonary resuscitation and first-aid procedures and all tasks as listed in subsections (3), (4), (5), and (6) of this section;
(ii) Administer pharmacologic agents and parenteral fluids only after communication with a veterinarian.
(b) An unregistered assistant may:
(i) Apply noninvasive cardiopulmonary resuscitation and basic first aid procedures;
(ii) Provide other aid upon the order of a licensed veterinarian as outlined in this section.
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