1266-S

AN ACT Relating to veterinary medicine; amending RCW 18.92.015, 18.92.030, 18.92.060, 18.92.125, 18.92.140, and 18.92.145; and adding a new section to chapter 18.92 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 18.92.015 and 1991 c 332 s 40 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

"Animal technician" means a person who has successfully completed an examination administered by the board and who has either successfully completed a post high school course approved by the board in the care and treatment of animals or had five years' practical experience, acceptable to the board, with a licensed veterinarian.

"Board" means the Washington state veterinary board of governors.

"Department" means the department of health.

"Secretary" means the secretary of the department of health.

"Veterinary medication clerk" means a person who has satisfactorily completed a board-approved training program developed in consultation with the board of pharmacy and designed to prepare persons to perform certain nondiscretionary functions defined by the board and used in the dispensing of legend and nonlegend drugs (except controlled substances as defined in or under chapter 69.50 RCW) associated with the practice of veterinary medicine.

NEW SECTION. Sec. 2. A new section is added to chapter 18.92 RCW to read as follows:

(1) A veterinarian legally prescribing drugs may delegate to a registered veterinary medication clerk or a registered animal technician, while under the veterinarian's direct supervision, certain nondiscretionary functions defined by the board and used in the dispensing of legend and nonlegend drugs (except controlled substances as defined in or under chapter 69.50 RCW) associated with the practice of veterinary medicine. Upon final approval of the packaged prescription following a direct physical inspection of the packaged prescription for proper formulation, packaging, and labeling by the veterinarian, the veterinarian may delegate the delivery of the prescription to a registered veterinary medication clerk or registered animal technician, while under the veterinarian's indirect supervision. Dispensing of drugs by veterinarians, registered animal technicians, and registered veterinary medication clerks shall meet the applicable requirements of chapters 18.64, 69.40, 69.41, and 69.50 RCW and is subject to inspection by the board of pharmacy investigators.

(2) For the purposes of this section:

(a) "Direct supervision" means the veterinarian is on the premises and is quickly and easily available; and

(b) "Indirect supervision" means the veterinarian is not on the premises but has given written or oral instructions for the delegated task.

Sec. 3. RCW 18.92.030 and 1986 c 259 s 140 are each amended to read as follows:

((~~It shall be the duty of~~)) The board ((to)) shall prepare examination questions, conduct examinations, and grade the answers of applicants. The board, ((~~pursuant to~~)) under chapter 34.05 RCW, ((~~shall have the power to~~)) may adopt ((~~such~~)) rules ((~~and regulations as may be~~)) necessary to ((~~effectuate~~)) carry out the purposes of this chapter, including the performance of the duties and responsibilities of animal technicians((~~: PROVIDED, HOWEVER, That such~~)) and veterinary medication clerks. The rules ((~~are~~)) shall be adopted in the interest of good veterinary health care delivery to the consuming public((,)) and ((do)) shall not prevent animal technicians from inoculating an animal. The board ((~~shall further have~~)) also has the power to adopt((,)) by ((~~reasonable~~)) rule((~~s and regulations,~~)) standards prescribing requirements for veterinary medical facilities and ((~~to fix~~)) fixing minimum standards of continuing veterinary medical education.

The department ((~~shall be~~)) is the official office of record.

Sec. 4. RCW 18.92.060 and 1974 ex.s. c 44 s 4 are each amended to read as follows:

Nothing in this chapter ((~~shall be construed to apply~~)) applies to:

(1) Commissioned veterinarians in the United States military services((,)) or veterinarians employed by Washington state and federal agencies while performing official duties;

(2) A person((s)) practicing veterinary medicine upon ((~~a person's~~)) his or her own animal((s));

(3) A person advising with respect to or performing the castrating and dehorning of cattle, castrating and docking of sheep, castrating of swine ((or)), caponizing of poultry, or artificial insemination of animals;

(4)(a) A person who is a regularly enrolled student in a veterinary school((,)) or ((~~regularly enrolled in a~~)) training course approved under ((~~the provisions of~~)) RCW 18.92.015 and ((~~while~~)) performing duties or actions assigned by his or her instructors((,)) or working under the direct supervision of a licensed veterinarian during a school vacation period or (b) a person performing assigned duties under the supervision of a veterinarian within the established framework of an internship program recognized by the board;

(5) A veterinarian regularly licensed in another state consulting with a licensed veterinarian in this state;

(6) An animal technician or veterinary medication clerk acting under the supervision and control of a licensed veterinarian((~~: PROVIDED, HOWEVER, That~~)). The practice of an animal technician or veterinary medication clerk is limited to the performance of ((~~those~~)) services which are authorized by the board;

(7) An owner being assisted in ((~~such~~)) practice by his or her employees when employed in the conduct of ((~~such person's~~)) the owner's business;

(8) An owner being assisted in ((~~such~~)) practice by some other person gratuitously.

Sec. 5. RCW 18.92.125 and 1986 c 259 s 143 are each amended to read as follows:

No veterinarian who uses the services of an animal technician or veterinary medication clerk shall be considered as aiding and abetting any unlicensed person to practice veterinary medicine. A veterinarian ((~~shall~~)) retains professional and personal responsibility for any act which constitutes the practice of veterinary medicine as defined in this chapter when performed by an animal technician or veterinary medication clerk in his or her employ.

Sec. 6. RCW 18.92.140 and 1991 c 3 s 247 are each amended to read as follows:

Each person now qualified to practice veterinary medicine, surgery, and dentistry ((or)), registered as an animal technician, or registered as a veterinary medication clerk in this state or who ((~~shall hereafter be~~)) becomes licensed or registered to engage in ((~~such~~)) practice((,)) shall register with the secretary of health annually or on the date prescribed by the secretary and pay the renewal registration fee set by the secretary as provided in RCW 43.70.250. A person who fails to renew a license or certificate ((~~prior to~~)) before its expiration ((~~shall be~~)) is subject to a late renewal fee equal to one-third of the regular renewal fee set by the secretary.

Sec. 7. RCW 18.92.145 and 1991 c 332 s 42 are each amended to read as follows:

The secretary shall determine the fees, as provided in RCW 43.70.250, for the issuance, renewal, or administration of the following licenses, certificates of registration, permits, duplicate licenses, renewals, or examination:

(1) For a license to practice veterinary medicine, surgery, and dentistry issued upon an examination given by the examining board;

(2) For a license to practice veterinary medicine, surgery, and dentistry issued upon the basis of a license issued in another state;

(3) For a certificate of registration as an animal technician;

(4) For a certificate of registration as a veterinary medication clerk;

(5) For a temporary permit to practice veterinary medicine, surgery, and dentistry. The temporary permit fee shall be accompanied by the full amount of the examination fee; and

((~~(5)~~)) (6) For a license to practice specialized veterinary medicine.