WSR 00-11-168

EMERGENCY RULES

DEPARTMENT OF HEALTH


(Board of Pharmacy)

[ Filed May 24, 2000, 9:32 a.m. ]

Date of Adoption: May 17, 2000.

Purpose: To allow animal control agencies and humane societies to purchase, possess and administer a schedule III controlled substance to euthanize injured, sick, homeless or unwanted animals. Animal control agencies may use the schedule III products until the schedule II product is available.

Citation of Existing Rules Affected by this Order: Amending chapter 246-886 WAC.

Statutory Authority for Adoption: RCW 18.64.005(7).

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: The United States is experiencing a nation-wide shortage of pentobarbital, the drug used by animal control shelters to euthanize animals. The proposed rule will allow these agencies to use another product.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended X [1], Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Immediately.

May 17, 2000

C. A. Leon Alzola

Board Chair

OTS-4076.1


NEW SECTION
WAC 246-886-025
Emergency use of schedule III controlled substances.

Due to the interrupted supply of sodium pentobarbital, humane societies and animal control agencies registered with the board may use the following schedule III controlled substances to euthanize animals:

Euthasol

Beuthanasia-D

When the board determines that the supply of sodium pentobarbital is sufficient, it will notify all of registrants under this chapter. The registrants will then have thirty days from the date of this notification to use or destroy any schedule III drugs that it may have in its possession. The unused drugs may also be transferred to another registrant who is legally authorized to possess the drug(s) (e.g., a licensed veterinarian).

[]

Washington State Code Reviser's Office