WSR 02-24-078

PROPOSED RULES

DEPARTMENT OF HEALTH


(Board of Pharmacy)

[ Filed December 4, 2002, 10:20 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 02-23-097.

Title of Rule: WAC 246-887-045 Prescribing, dispensing, or administering of Schedule II nonnarcotic stimulants.

Purpose: The proposal has the potential to promote public health by improving the quality of life of persons afflicted with multiple sclerosis (MS) by allowing health care practitioners to prescribe, administer, and dispense nonnarcotic stimulants for the purpose of treating fatigue in patients with MS.

Statutory Authority for Adoption: RCW 69.50.402, 18.64.005(7).

Statute Being Implemented: RCW 69.50.402.

Summary: The proposed rule will add the condition/disease state of multiple sclerosis to the list of diseases or conditions for which nonnarcotic stimulants can be prescribed, dispensed, or administered.

Reasons Supporting Proposal: The proposed rule will provide practitioners with another option in the treatment of fatigue associated with multiple sclerosis.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: DOH Pharmacy Board, 1300 S.E. Quince Street, P.O. Box 47863, Olympia, WA 98504, (360) 236-4828.

Name of Proponent: Dr. James Bowen, Western Multiple Sclerosis Center, University of Washington, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The proposed rule will add multiple sclerosis to the list of disease states or conditions for which schedule II nonnarcotic stimulants can be prescribed. The proposed rule has the potential to promote public health by improving the quality of life of persons afflicted with MS by allowing practitioners to prescribe, administer, or dispense nonnarcotic stimulants for the purpose of treating fatigue in patients with MS.

Proposal Changes the Following Existing Rules: Adds multiple sclerosis to the list of approved disease states or conditions for which schedule II nonnarcotic stimulants can be prescribed, dispensed, or administered.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule does not affect small businesses.

RCW 34.05.328 applies to this rule adoption. This rule adopts a new amendment to a regulatory program.

Hearing Location: Holiday Inn at SeaTac, 17338 International Boulevard, SeaTac, WA, (206) 248-1000, on January 8, 2003, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Lisa Salmi by December 22, 2002, TDD (800) 833-6388 or (360) 236-4828.

Submit Written Comments to: Lisa Salmi, Program Manager, Department of Health, Board of Pharmacy, P.O. Box 47863, Olympia, WA 98504-7863, fax (360) 586-4359, Lisa.Salmi@doh.wa.gov, by December 22, 2002.

Date of Intended Adoption: January 8, 2003.

November 8, 2002

D. H. Williams

Executive Director

OTS-5917.1


NEW SECTION
WAC 246-887-045   Prescribing, dispensing, or administering of Schedule II nonnarcotic stimulants.   The Schedule II stimulants listed in WAC 246-887-040 may be prescribed, dispensed, or administered to patients for the following disease states or conditions:

(1) Disease states or conditions listed in RCW 69.50.402 (3)(ii);

(2) Multiple sclerosis.

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Washington State Code Reviser's Office