WSR 14-02-059
EXPEDITED RULES
DEPARTMENT OF HEALTH
(Veterinary Board of Governors)
[Filed December 26, 2013, 11:22 a.m.]
Title of Rule and Other Identifying Information: WAC 246-933-530 Purchase and use of legend drugs and controlled substances, 246-933-550 Investigation, and 246-935-410 Definitions, proposing amendments to change current references to the "board of pharmacy."
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 Judy Haenke, Program Manager, Department of Health, Veterinary Board of Governors, P.O. Box 47852, Olympia, WA 98504-7852, AND RECEIVED BY March 24, 2014.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposal changes board of pharmacy references in WAC 246-933-530, 246-933-550, and 246-935-410 to pharmacy quality assurance commission.
Reasons Supporting Proposal: HB 1609, which became effective July 28, 2013, changed the title and references of the board of pharmacy in statute to the pharmacy quality assurance commission. The proposed rule corrects the name only and does not change the effect of the rules. RCW 34.05.353 (1)(c) allows expedited rule making for name changes that do not change the effect of the rule.
Statutory Authority for Adoption: RCW 18.92.030(2).
Statute Being Implemented: HB 1609 (chapter 19, Laws of 2013).
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of health, veternary [veterinary] board of governors, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Judy Haenke, Program Manager, 111 Isreal [Israel] Road S.E., Tumwater, WA 98501, (360) 236-4947.
December 26, 2013
Kirby Putscher
Acting Executive Director
AMENDATORY SECTION (Amending WSR 03-14-035, filed 6/23/03, effective 7/24/03)
WAC 246-933-530 Purchase and use of legend drugs and controlled substances.
(1) For purposes of this section, "drugs" includes both legend drugs and controlled substances.
(a) "Legend drugs" means any drugs that are required by state law or regulation of the ((state board of)) pharmacy quality assurance commission to be dispensed on prescription only or are restricted to use by practitioners only.
(b) "Controlled substances" means a drug, substance, or immediate precursor in Schedule I through V of Article II of chapter 69.50 RCW.
(2) A licensed veterinarian shall be responsible for the policies and procedures regarding the ordering, purchasing, safe storage, dispensing and administration of all drugs used at an entity registered under RCW 18.92.260 in connection with surgical sterilization or emergency care. Entities are responsible for the ordering, purchasing, and safe storage of all drugs.
(a) The veterinarian shall comply with the ((state board of)) pharmacy quality assurance commission requirements for controlled substances in chapter 69.50 RCW, and legend drugs in chapter 69.41 RCW.
(b) All drugs shall be stored in accordance with WAC 246-933-320.
(c) All controlled substances shall be stored, maintained, administered, dispensed and prescribed in compliance with federal and Washington state laws.
(d) All legend drugs shall be dispensed in accordance with RCW 18.92.012, 18.92.013, and WAC 246-933-340(5).
(e) A record of all drugs administered and/or dispensed shall be kept in the individual animal's record.
AMENDATORY SECTION (Amending WSR 03-14-035, filed 6/23/03, effective 7/24/03)
WAC 246-933-550 Investigation.
Treatment records to include drug use shall be made available to representatives of the veterinary board of governors and the ((board of)) pharmacy quality assurance commission.
AMENDATORY SECTION (Amending WSR 10-06-086, filed 3/1/10, effective 4/1/10)
WAC 246-935-410 Definitions.
The definitions in this section apply throughout WAC 246-935-400 through 246-935-440 unless the context clearly requires otherwise.
"Administer" means the direct application of a drug whether by injection, inhalation, ingestion, or any other means, to the body of a patient.
"Controlled substance" means a drug, substance, or immediate precursor included in Schedules I through V as set forth in federal or state laws, or federal or ((board of)) pharmacy quality assurance commission rules.
"Deliver" or "delivery" means the actual, constructive, or attempted transfer from one person to another of a legend drug or controlled substance, whether or not there is an agency relationship.
"Legend drugs" means any drugs which are required by state law or regulation of the ((state board of)) pharmacy quality assurance commission to be dispensed on prescription only or are restricted to use by practitioners only.
"Preparing" includes the proper selection, measuring, labeling, or packaging necessary to prepare a prescription or order from a licensed veterinarian for delivery.