WSR 19-23-078

EXPEDITED RULES

DEPARTMENT OF HEALTH

(Pharmacy Quality Assurance Commission)

[Filed November 19, 2019, 9:23 a.m.]

Title of Rule and Other Identifying Information: WAC 246-901-140 Pharmacy services plan, repealing the rule that establishes the process to seek an exception to the standard pharmacist to pharmacy technician ratio by developing and presenting a pharmacy services plan for approval by the pharmacy quality assurance commission.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The pharmacy quality assurance commission (commission) is proposing to repeal the rule because the circumstances have changed and the rule is no longer needed. The rule is no longer necessary due to the adoption of rule amendments to WAC 246-901-130 Pharmacist to pharmacy technician ratio, filed under WSR 19-17-034 on August 14, 2019.

Reasons Supporting Proposal: The commission amended WAC 246-901-130, filed under WSR 19-17-034 on August 14, 2019. The amended rule eliminated the 3:1 standard ratio and placed the duty on the responsible pharmacy manager to set the staffing levels and ensure satisfactory supervision of staff technicians. The proposal to repeal WAC 246-901-140, which set the process for seeking an exception to the 3:1 ratio, is appropriate and supported by the amended rule.

Statutory Authority for Adoption: RCW 18.64A.030, 18.64.005.

Statute Being Implemented: RCW 18.64A.030.

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

Name of Proponent: Pharmacy quality assurance commission, governmental.

Name of Agency Personnel Responsible for Drafting: Doreen Beebe, Program Manager, 111 Israel Road S.E., Tumwater, WA 98501, 360-236-4834; Implementation and Enforcement: Tracy West, JD, Deputy Director, 111 Israel Road S.E., Tumwater, WA 98501, 360-236-4988.

This notice meets the following criteria to use the expedited repeal process for these rules:

The rule is no longer necessary because of changed circumstances.

Explanation of the Reason the Agency Believes the Expedited Rule-Making Process is Appropriate: The need for a rule to define the process for submitting a service plan is no longer needed with the amendment of WAC 246-901-130, which eliminated the standard pharmacist to technician ratio.

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 Beebe, Program Manager, Department of Health, P.O. Box 47852, Olympia, WA 98504-7852, phone 360-236-4834, fax 360-236-2260, email https://fortress.wa.gov/doh/policyreview, AND RECEIVED BY January 21, 2020.

November 19, 2019

Tim Lynch, PharmD, MS, Chair

Pharmacy Quality Assurance Commission

The following section of the Washington Administrative Code is repealed: