DEPARTMENT OF HEALTH

(Veterinary Board of Governors)

[Filed July 22, 2020, 11:18 a.m., effective August 22, 2020]

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

Purpose: WAC 246-933-310 and 246-933-345, the veterinary board of governors (board) has adopted rules to amend definitions and create a new rule section to establish minimum requirements regarding information provided to clients when animal patients are evaluated and treated. The adopted rule is intended to ensure care promotes the health and safety of animal patients based on client decisions.

Citation of Rules Affected by this Order: New WAC 246-933-345; and amending WAC 246-933-310.

Statutory Authority for Adoption: RCW 18.92.030.

Other Authority: Chapter 18.92 RCW.

Adopted under notice filed as WSR 20-03-172 on January 22, 2020.

A final cost-benefit analysis is available by contacting Loralei Walker, P.O. Box 47852, Olympia, WA 98504-7852, phone 360-236-4947, fax 360-236-2901, TTY 711, email loralei.walker@doh.wa.gov, website www.doh.wa.gov, 360-833-6388 or 711.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 1, Amended 1, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 1, Repealed 0.

Date Adopted: March 2, 2020.

Kirk Breuninger, VMD DACVPM, MPH, Chair

Veterinary Board of Governors

AMENDATORY SECTION(Amending WSR 91-24-098, filed 12/4/91, effective 1/4/92)

WAC 246-933-310Definitions.

The definitions in this section apply in WAC 246-933-310 through 246-933-350 unless the context clearly requires otherwise.

(1) ((Veterinary medical facility: Any premise, unit, structure or vehicle where any animal is received and/or confined to be examined, diagnosed or treated medically, surgically or prophylactically, as defined in RCW 18.92.010.

(2) Mobile clinic: A vehicle, including a camper, motor home, trailer or mobile home, used as a veterinary medical facility. A mobile clinic is not required for house calls or farm calls.

(3) Aseptic surgery: Aseptic surgical technique exists when everything that comes in contact with the wound is sterile and precautions are taken to ensure such sterility during the procedure. These precautions include, but are not limited to, such things as the surgery room itself, sterilization procedures, scrubbing hands and arms, sterile gloves, caps and masks, sterile long-sleeved gowns, and sterile draping and operative techniques.

(4)))"Antiseptic surgery((: Antiseptic surgical))" means the technique ((exists))used when care is taken to avoid bacterial contamination but the precautions are not as thorough and extensive as in aseptic surgery. Surgeons and surgical assistants ((shall)) wear clean attire and sterile gloves, and the patient ((shall be))is appropriately draped. A separate sterile surgical pack shall be used for each animal.

(2) "Aseptic surgery" means the technique used when everything that comes in contact with the wound is sterile and precautions are taken to ensure such sterility during the procedure. These precautions include, but are not limited to, such things as the surgery room itself, sterilization procedures, scrubbing hands and arms, sterile gloves, caps and masks, sterile long-sleeved gowns, and sterile draping and operative techniques.

(3) "Client" means the patient's owner, owner's agent, or other person presenting the patient for care.

(4) "Mobile clinic" means a vehicle, including a camper, motor home, trailer or mobile home, used as a veterinary medical facility. A mobile clinic is not required for house calls or farm calls.

(5) "Treatment" means any action or procedure taken to impact an animal's physical, mental, or behavioral health in the pursuit of preventing or resolving disease, maintaining or improving quality of life, or providing end of life care. This includes, but is not limited to, the prescription, recommendation, issuance, or administration of any drug, veterinary feed directive, vitamins, minerals, or supplements.

(6) "Veterinary medical facility" means any premise, unit, structure or vehicle where any animal is either received or confined, or both, to be examined, diagnosed or treated medically, surgically or prophylactically, as defined in RCW 18.92.010.

WAC 246-933-345Client communication regarding evaluation and treatment.

(1) The veterinarian must communicate when appropriate to the client the following:

(a) Proposed diagnostic tests;

(b) Differential diagnoses;

(d) Proposed treatments;

(e) Common side effects or adverse outcomes from proposed diagnostic testing or treatment;

(f) Most likely side effects or adverse outcomes from proposed diagnostic testing or treatment based on patient signalment and disease status. Patient signalment may include, but is not limited to, species, breed, age, and sex;

(g) Estimated cost;

(h) Prognosis; and

(i) Alternate diagnostic and treatment options for the patient.

(2) Such communications must be timely and sufficient to enable the client to understand clearly the problem and the choices that must be made, and provide written or verbal consent for a proposed diagnostic and treatment plan. If other staff is involved in the communication process, it is the responsibility of the veterinarian to ensure that such communications are appropriate. All communications must be made prior to rendering treatment, except in cases of emergencies as described in WAC 246-933-050 or when a client cannot be reached for consultation within a reasonable time frame as dictated by the patient's condition.

(3) Client communication required in subsection (1) of this section must be documented in the patient medical record.