SENATE BILL REPORT

SB 5203

As Reported By Senate Committee On:

Parks, Fish & Wildlife, February 25, 2003

Title: An act relating to the use of controlled substances by the department of fish and wildlife.

Brief Description: Allowing the department of fish and wildlife to use approved controlled substances for chemical capture programs.

Sponsors: Senators Oke, Doumit, Jacobsen and Swecker; by request of Department of Fish and Wildlife.

Brief History:

Committee Activity: Parks, Fish & Wildlife: 2/18/03, 2/25/03 [DPS].

SENATE COMMITTEE ON PARKS, FISH & WILDLIFE

Majority Report: That Substitute Senate Bill No. 5203 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Oke, Chair; Sheahan, Vice Chair; Doumit, Esser, Jacobsen, Morton and Swecker.

Staff: Genevieve Pisarski (786-7488)

Background: When the Department of Fish and Wildlife is required to immobilize animals for purposes of relocation or research, it has found the immobilization agent ketamine to be the safest and most effective for large animals like bear, mountain lion, and deer. Federal legislation recently made ketamine a Schedule III controlled substance. The state Uniform Controlled Substances Act does not allow animal control agencies to use Schedule III controlled substances.

Summary of Substitute Bill: The Uniform Controlled Substances Act is amended to authorize the Department of Fish and Wildlife (DFW) to apply to the Department of Health for a limited registration to use controlled substances in chemical capture programs. DFW must not allow use of controlled substances without proper knowledge and training. The Board of Pharmacy, in consultation with DFW, must add or remove controlled substances for use in chemical capture programs by rule. The board must suspend or revoke a registration, if it determines a controlled substances has been used without adequate knowledge.

Substitute Bill Compared to Original Bill: The requirement that the Department of Fish and Wildlife not allow the administering of controlled substances without adequate knowledge is made mandatory. The requirement that the Board of Pharmacy list controlled substances for use in chemical capture programs by rule is made mandatory. The requirement that the board suspend or revoke registration, if controlled substances are used without adequate knowledge, is made mandatory.

Appropriation: None.

Fiscal Note: Available.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Testimony For: Effective immobilization of large animals is essential for public safety, research, and population management purposes. The most effective immobilization drug has been listed as a controlled substance, because of illegal use as a recreational drug. Department of Fish and Wildlife training in the use and handling of controlled substances exceeds Board of Pharmacy requirements.

Testimony Against: None.

Testified: Steve Pozzanghera, WA Dept. of Fish and Wildlife (pro).