DEPARTMENT OF HEALTH

[Filed June 20, 2024, 8:25 a.m., effective July 21, 2024]

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

Purpose: Athletic trainer scope of practice for medication purchase, storage, and administration. The department of health (department) in collaboration with the athletic training advisory committee (committee) is adopting a new section in chapter 246-916 WAC in response to SHB 1275 (chapter 143, Laws of 2023) that passed during the 2023 legislative session. SHB 1275 authorized athletic trainers to purchase, store, and administer over-the-counter medications as prescribed by an authorized health care practitioner for the practice of athletic training. SHB 1275 also permits athletic trainers who have completed accredited training programs on pharmacology and medication administration to purchase, store, and administer medications other than over-the-counter medications as prescribed by an authorized health care practitioner, and in accordance with the training program.

The purpose of the adopted medications rule, WAC 246-916-070, is to:

(1) Define terms to provide direction to athletic trainers regarding what types of medications an athletic trainer is permitted to purchase, store, and administer; and

(2) Create training requirements for athletic trainers who would like to purchase, store, and administer medications for the practice of athletic training.

The adopted rule provides clear instructions and requirements for athletic trainers to use both over-the-counter and prescription medications as a part of athletic training care, while supporting patient safety.

The purpose of rule making was to clarify that athletic trainers are not permitted to purchase, store, or administer controlled substances, as that would conflict with chapter 69.50 RCW, Uniform Controlled Substances Act. Chapter 69.50 RCW excludes athletic trainers from handling medications that are controlled substances. Rule making was also necessary to create enforceable standards and set training requirements for athletic trainers seeking to purchase, store, or administer medications while providing athletic training services.

Citation of Rules Affected by this Order: New WAC 246-916-070.

Statutory Authority for Adoption: RCW 18.250.020 and 18.250.030.

Other Authority: SHB 1275 (chapter 143, Laws of 2023) codified as RCW 18.250.110.

Adopted under notice filed as WSR 24-07-065 on March 15, 2024.

A final cost-benefit analysis is available by contacting Allyson McIver, P.O. Box 47877, Olympia, WA 98504-7877, phone 360-236-2878, fax 360-236-2901, TTY 711, email allyson.mciver@doh.wa.gov, website 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 1, Amended 0, Repealed 0.

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

Number of Sections Adopted on the Agency's own Initiative: New 1, 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 0, Repealed 0.

Date Adopted: June 20, 2024.

Kristin Peterson, JD

for Umair A. Shah, MD, MPH

WAC 246-916-070Medications.

(1) An athletic trainer licensed under chapter 18.250 RCW may, for the practice of athletic training:

(a) Purchase, store, and administer over-the-counter medications as prescribed by an authorized healthcare practitioner;

(b) Purchase, store, and administer medications as prescribed by an authorized healthcare practitioner, if the athletic trainer has completed an accredited training program on the topic of pharmacology and medication administration. The athletic trainer shall only purchase, store, and administer medications in accordance with the accredited training program completed.

(2) For the purposes of this section:

(a) "Accredited training program on the topic of pharmacology and medication administration" includes:

(i) Coursework on pharmacology and medication administration within an accredited athletic training program approved under WAC 246-916-020;

(ii) Board of certification for the athletic trainer (BOC) approved Category A continuing education on the topic of pharmacology and medication administration;

(iii) BOC approved Category C postcertification college and university coursework on the topic of pharmacology and medication administration;

(iv) Other accredited training programs on the topic of pharmacology and medication administration.

(b) "Over-the-counter medications" has the same meaning as RCW 69.60.020, and also includes vitamins.

(c) "Medications" means legend drugs as defined under RCW 69.41.010, and does not include controlled substances as defined under RCW 69.50.101.

(3) Athletic trainers shall follow other medication limitations and requirements in RCW 18.250.110.