WSR 15-05-052
PROPOSED RULES
DEPARTMENT OF HEALTH
(Dental Quality Assurance Commission)
[Filed February 13, 2015, 9:54 a.m.]
Original Notice.
Proposal is exempt under RCW 34.05.310(4) or 34.05.330(1).
Title of Rule and Other Identifying Information: WAC 246-817-360 Prescribing, dispensing or distributing drugs, the commission proposes repealing the rule as it is duplicative in intent to RCW 18.32.020 and unnecessary.
Hearing Location(s): Department of Health, Point Plaza East, 310 Israel Road S.E., Tumwater, WA 98501, on April 24, 2015, at 8:05 a.m.
Date of Intended Adoption: April 24, 2015.
Submit Written Comments to: Jennifer Santiago, P.O. Box 47852, Olympia, WA 98504-7852, e-mail http://www3.doh.wa.gov/policyreview/, fax (360) 236-2901, by April 17, 2015.
Assistance for Persons with Disabilities: Contact Jennifer Santiago by April 17, 2015, TTY (800) 833-6388 or 711.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Proposed repeal of WAC 246-817-360 as it is duplicative in intent to RCW 18.32.020 and unnecessary. Repealing the rule would allow dentists to rely on the statute definition of the practice of dentistry for prescribing, rather than a rule that uses the term "dental-related condition."
Reasons Supporting Proposal: Proposed repeal of the rule will eliminate differing interpretations by stakeholders of the term "dental-related condition." RCW 18.32.685 authorizes a pharmacist to "fill prescriptions of legally licensed dentists necessary in the practice of dentistry." RCW 18.32.020 defines the practice of dentistry.
Statutory Authority for Adoption: RCW 18.32.0365.
Statute Being Implemented: RCW 18.32.020 and 18.32.685.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington state dental quality assurance commission, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Jennifer Santiago, 111 Israel Road S.E., Tumwater, WA 98501, (360) 236-4893.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule would not impose more than minor costs on businesses in an industry.
A cost-benefit analysis is not required under RCW 34.05.328. The agency did not complete a cost-benefit analysis under RCW 34.05.328. RCW 34.05.328 (5)(b)(v) exempts rules the content of which is explicitly and specifically dictated by statute.
February 12, 2015
Trina Castle
Executive Director
REPEALER
The following section of the Washington Administrative Code is repealed:
WAC 246-817-360
Prescribing, dispensing or distributing drugs.