Original Notice.

Preproposal statement of inquiry was filed as WSR 99-15-103.

Title of Rule: Animal technician, WAC 246-935-040 Responsibilities of veterinarian supervising an animal technician or an unregistered assistant, 246-935-050 Animal health care tasks, and 246-935-060 Eligibility for examination as animal technician.

Purpose: This proposal will ensure the rules comply with 2000 legislation that changed "animal technician" to "veterinary technician," animal health care tasks are updated, and eligibility requirements are clearer.

Statutory Authority for Adoption: RCW 18.92.030.

Statute Being Implemented: RCW 18.92.030.

Summary: Animal health care tasks have been updated to more accurately reflect actual practice and training. In some cases the level of supervision by a veterinarian also has changed. Language has been added to explain what an American Veterinary Medical Association (AVMA) accredited program means. Language will be changed in all three rules updating "animal technician" to "veterinary technician" to comply with 2000 legislation.

Reasons Supporting Proposal: To comply with 2000 legislation, make rule language clearer and update animal health care tasks to be more in line with actual practice.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Karen Kelley, Program Manager, 1112 Quince Street, Olympia, WA 98504-7868, (360) 236-4876.

Name of Proponent: Department of Health, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: WAC 246-935-040, change language from "animal technician" to "veterinary technician" to comply with 2000 legislation.

WAC 246-935-050, animal health care tasks have been updated to more accurately reflect actual practice and training. In some cases the level of supervision by a veterinarian also has changed. Change language from "animal technician" to "veterinary technician" to comply with 2000 legislation.

WAC 246-935-060, change language from "animal technician" to "veterinary technician" to comply with 2000 legislation. Language has been added to explain what an American Veterinary Medical Association (AVMA) accredited program means.

These proposed changes will assure that rules are consistent with law, and will improve overall clarity.

Proposal Changes the Following Existing Rules: It changes the term "animal technician" to "veterinary technician." It explains what an American Veterinary Medical Association (AVMA) accredited program means. It also changes and adds additional animal health care tasks that a technician can perform.

A small business economic impact statement has been prepared under chapter 19.85 RCW.

II. What industries are affected? SIC Industry Code - 0742 Veterinary services, specialties.

Small Companies - 381 businesses and 1,783 employees.

Larger Small Companies - 195 businesses and 3,032 employees.

Average Number of employees for small companies - 4.7.

Average Number of employees for larger small companies - 15.5.

III. What are the costs? The rule is being changed to reflect the actual practices in the field. The Department of Health does not expect any real world change in behavior or costs. The estimated cost to veterinary services or veterinary technicians due to this rule amendment is zero. Therefore, there is no cost for small business.

A copy of the statement may be obtained by writing to Karen Kelley, Program Manager, Veterinary Board of Governors, P.O. Box 47868, Olympia, WA 98504-7868, phone (360) 236-4876, fax (360) 236-4922.

RCW 34.05.328 applies to this rule adoption. Violation of these rules could subject a practitioner to a penalty or sanction.

Hearing Location: Department of Health Conference, Creekside Three at CenterPoint, 20435 72nd Avenue South, Suite 200, Kent, WA 98032, phone (253) 395-7731, fax (253) 395-6759, on December 3, 2001, at 9:00 a.m.

Assistance for Persons with Disabilities: Contact (360) 236-4875 by November 26, 2001, TDD (800) 833-6388.

Submit Written Comments to: Karen Kelley, Program Manager, Veterinary Board of Governors, P.O. Box 47868, Olympia, WA 98504-7868, fax (360) 236-4922, by November 26, 2001.

Date of Intended Adoption: December 3, 2001.

October 23, 2001

Karen Kelley

Program Manager

OTS-5123.3

AMENDATORY SECTION(Amending Order 233B, filed 12/30/91, effective 1/30/92)

WAC 246-935-040   Responsibilities of veterinarian supervising ((an animal)) a veterinary technician or an unregistered assistant.   (1) ((No)) A veterinarian ((shall)) must not:

(a) Permit any ((registered animal)) veterinary technician in his/her employ to perform any animal health care services not authorized by WAC 246-935-040 or 246-935-050.

(b) Permit any unregistered assistant to perform any animal health care services not authorized by WAC 246-935-040 or 246-935-050.

(2) ((For purposes of the rules and regulations applicable to animal health care tasks for animal technicians and unregistered assistants,)) The supervising veterinarian ((of an animal technician or unregistered assistant)) shall:

(a) Have legal responsibility for the health, safety and welfare of the animal patient which the ((animal)) veterinary technician or unregistered assistant serves.

(b) ((Not)) Delegate ((an)) animal health care tasks ((to an animal)) only if the veterinary technician or unregistered assistant ((who)) is ((unqualified)) qualified to perform the ((particular)) task.

(c) ((Not)) Use ((a)) the level of supervision ((which is lower than that designated)) required for a specific task.

(d) Make all decisions relating to the diagnosis, treatment, management, and future disposition of an animal patient.

(e) ((Not authorize more than two)) Limit the number of unregistered assistants ((to act)) under indirect supervision to two at any single time.

(f) Allow veterinary technicians and unregistered assistants the right and responsibility to refuse to perform duties they are not legally or technically able to perform.

(3) A supervising veterinarian shall ((have examined)) examine the animal patient prior to the delegation of any animal health care task to either ((an animal)) a veterinary technician or unregistered assistant. The examination of the animal patient ((shall)) must be conducted at ((such)) the times and in ((such)) the manner ((as acceptable)) consistent with veterinary medicine practice ((requires)), ((consistent with)) and the particular delegated animal health care task.

(4) ((Where an animal)) If a veterinary technician is authorized, ((pursuant to these regulations,)) to provide supervision for an unregistered assistant performing a specified health care task, the ((animal)) veterinary technician shall be under the same degree of supervision by the veterinarian, ((as specified in these regulations,)) as if the ((animal)) veterinary technician were performing the task.

(5) Unless specifically ((so provided)) allowed by regulation, a veterinarian shall not authorize ((an animal)) a veterinary technician or an unregistered assistant to perform the following functions:

(a) Surgery, other than ((injections or inoculations)) outlined in WAC 246-935-050 (1)(a);

(b) Diagnosis and prognosis of animal disease;

(c) Prescribing of drugs, medicines and appliances.

[Statutory Authority: RCW 18.92.030. 92-02-057 (Order 233B), 246-935-040, filed 12/30/91, effective 1/30/92; 91-24-098 (Order 221B), 246-935-040, filed 12/4/91, effective 1/4/92; 91-02-060 (Order 108B), recodified as 246-935-040, filed 12/28/90, effective 1/31/91. Statutory Authority: RCW 18.92.015 and 18.92.030. 83-19-055 (Order PL 445), 308-156-045, filed 9/19/83.]

No individual, other than a registered veterinary technician, may advertise or offer her/his services in a manner calculated to lead others to believe that she/he is a trained or registered veterinary technician.

Veterinary technicians are prohibited from performing the following activities: Surgery except as outlined below; diagnosis and prognosis; prescribing drugs, medication or appliances; initiation of treatment without prior instruction by a veterinarian except as outlined under emergency animal care.

(a) Immediate supervision. ((An animal)) A veterinary technician may perform the following tasks only under the immediate supervision of a veterinarian:

(i) Assist veterinarian in surgery by tissue handling;

(ii) Assist veterinarian in surgery by instrument handling;

(iii) Dental extractions.

(b) Direct supervision. ((An animal)) A veterinary technician may perform the following tasks ((only)) under the direct supervision of a veterinarian:

(i) Endotracheal intubation;

(ii) Blood administration;

(iii) Fluid aspiration, including cystocentesis;

(iv) Intraperitoneal injections;

(v) Monitoring of vital signs of anesthetized patient;

(vi) Application of splints;

(vii) Induce anesthesia by intravenous, intramuscular, or subcutaneous injection or by inhalation;

(viii) ((When the animal is anesthetized, those tasks listed under subsection (c) "indirect supervision" of this section;

(ix))) Administration of immunological agents including rabies vaccination;

(ix) Catheterization of the unobstructed bladder;

(x) Ophthalmological testing including:

(A) Tear production testing

(B) Topical aesthetic application

(C) Fluorescein staining of the cornea

(D) Tonometry;

(xi) Teeth cleaning, provided an oral examination of the anesthetized patient has been conducted by the veterinarian;

(xii) Microchip implantation;

(xiii) Floating teeth;

(xiv) Removal of partially exposed foxtails and porcupine quills;

(xv) Provide massage.

(c) Indirect supervision. ((An animal)) A veterinary technician may perform the following tasks ((only)) under the indirect supervision of a veterinarian. ((())If the animal is anesthetized, these tasks require the direct supervision of a veterinarian.(())):

(i) ((Teeth cleaning;

(ii))) Enema;

(((iii))) (ii) Electrocardiography;

(((iv))) (iii) Application of bandages;

(((v) Catheterization of the unobstructed bladder;

(vi))) (iv) Gavage;

(((vii))) (v) Ear flush;

(((viii))) (vi) Radiology;

(A) Patient positioning;

(B) Operation of ((X-ray)) radiograph machines;

(C) Oral and rectal administration of radio-opaque materials;

(vii) Placement and securing of an intravenous catheter;

(((ix))) (viii) Injections of medications not otherwise prohibited:

(A) Intramuscular, excluding immunological agents

(B) Subcutaneous, excluding immunological agents

(C) Intravenous, including giving medication through an established intravenous catheter;

(((x))) (ix) Oral medications;

(((xi))) (x) Topical medications;

(((xii))) (xi) Laboratory (specimen collections):

(A) Collection of tissue during or after a veterinarian has performed a necropsy

(B) Urine, ((())except cystocentesis(()))

(C) Hematology

(D) Parasitology

(E) Exfoliative cytology

(F) Microbiology

(G) Serology

(H) Chemistries

(I) Endocrinology

(J) Fecal material

(xii) Laboratory (specimen testing):

(A) Urinalysis

(B) Hematology

(C) Serology

(D) Chemistries

(E) Endocrinology

(F) Parasitology

(G) Exfoliative cytology

(H) Microbiology

(I) Fecal analysis;

(xiii) Administration of preanesthetic drugs;

(xiv) Oxygen therapy;

(xv) ((Removal of partially exposed foxtails from skin and feet;

(xvi))) Euthanasia ((()) in all circumstances(())) as otherwise allowed by law;

(((xvii))) (xvi) Removal of sutures;

(xvii) Indirect blood pressure measurement;

(xviii) Obtaining a general history from a client of a patient and the client's concerns regarding that patient;

(xix) Preliminary physical examination including temperature, pulse and respiration;

(xx) Behavioral consultation with clients;

(xxi) Dietary consultation with clients.

(2) Unregistered assistants.

Induction of anesthesia by any method is prohibited.

(a) Immediate supervision by veterinarian. An unregistered assistant may perform the following tasks only under the immediate supervision of a veterinarian:

(i) Assist veterinarian in surgery by tissue handling;

(ii) Assist veterinarian in surgery by instrument handling((;

(iii) Endotracheal intubation;

(iv) Fluid aspiration;

(v) Intraperitoneal injections)).

(b) Immediate supervision by veterinarian or ((animal)) veterinary technician. An unregistered assistant may perform the following tasks only under the immediate supervision of either a veterinarian or ((animal)) veterinary technician:

(i) Blood administration;

(ii) ((Catheterization of unobstructed bladder;

(iii) Gavage;

(iv) Radiology:

(A) Patient positioning

(B) Film exposure

(C) Rectal and oral administration of radio-opaque materials

(v) Intravenous injections of medications not otherwise prohibited;

(vi))) Laboratory (specimen collections):

(A) Hematology

(B) Exfoliative cytology, including skin scraping

(C) Microbiology

(D) Serology;

(iii) Placement and securing of an intravenous catheter.

(c) Direct supervision by veterinarian. An unregistered assistant may perform the following tasks only under the direct supervision of a veterinarian:

(i) Monitor vital signs of anesthetized patient;

(ii) ((When the animal is anesthetized, those tasks listed under subsection (e) "indirect supervision" of this section.

(iii) Laboratory (specimen collection):

(A) Collection of tissues during or after a veterinarian has performed necropsy

(iv))) Euthanasia ((()) in all circumstances(())) as otherwise allowed by law;

(((v))) (iii) Removal of sutures;

(iv) Teeth cleaning, provided an oral examination of the anesthetized patient has been conducted by the veterinarian;

(v) Provide massage;

(vi) Administration of immunological agents including rabies vaccination;

(vii) Microchip implantation;

(viii) Enema;

(ix) Removal of partially exposed foxtails and porcupine quills from skin and feet.

(d) Direct supervision by veterinarian or ((animal)) veterinary technician. An unregistered assistant may perform the following tasks ((only)) under direct supervision of either a veterinarian or ((an animal)) veterinary technician. If the animal is anesthetized, these tasks require immediate supervision of a veterinarian or a veterinary technician:

(i) Application of bandages;

(ii) Ear flush;

(iii) Electrocardiography;

(iv) Intramuscular or subcutaneous injections of medications not otherwise prohibited;

(v) Laboratory (test preparation, not evaluation):

(A) Parasitology

(B) Serology

(C) Urinalysis;

(vi) Preliminary physical examination including temperature, pulse and respiration;

(vii) Radiology:

(A) Patient positioning

(B) Operation of radiograph machines

(C) Rectal and oral administration of radio-opaque materials.

(e) Indirect supervision. An unregistered assistant may perform the following tasks ((only)) under the indirect supervision of a veterinarian. ((())If the animal is anesthetized, these tasks require the direct supervision of a veterinarian((.))):

(i) ((Teeth cleaning (without anesthetic);

(ii) Enema;

(iii) Injections of medications not otherwise prohibited;

(A) Intramuscular

(B) Subcutaneous

(iv))) Oral medications;

(((v))) (ii) Topical medications;

(((vi) Administering medication through an established intravenous catheter;

(vii))) (iii) Laboratory (specimen collection):

(((A))) Collecting of voided urine and fecal material;

(((B) Parasitology (except skin scraping)

(viii))) (iv) Oxygen therapy;

(((ix) Removal of partially exposed foxtails.)) (v) Obtaining a general history from a client of a patient and the client's concerns;

(vi) Behavioral consultation with clients;

(vii) Dietary consultation with clients.

(3) Emergency animal care.

(a) Under conditions of an emergency, ((an animal)) a veterinary technician and unregistered assistant may render ((the following)) certain life saving aid to an animal:

(i) ((Application of)) Apply tourniquets and/or pressure bandages to control hemorrhage;

(ii) ((Administration of)) Administer pharmacologic agents to prevent or control shock((, including)). Placement of an intravenous catheter and administering parenteral fluids, ((shall)) must only be performed after direct communication with a veterinarian, and only if ((such)) the veterinarian is either present or immediately enroute to the location of the distressed animal;

(iii) Administer resuscitative oxygen procedures;

(iv) ((Establishing)) Establish open airways including the use of intubation appliances, but excluding surgery;

(v) Administer external cardiac resuscitation;

(vi) ((Application of)) Apply temporary splints or bandages to prevent further injury to bones or soft tissues;

(vii) ((Application of)) Apply appropriate wound dressings and external supportive treatment in severe burn cases;

(viii) Apply external supportive treatment ((in heat prostration cases)) to stabilize body temperature.

(b) ((Under conditions of an emergency,)) An unregistered assistant may ((render the following life saving aid to an animal)):

(i) ((Application of)) Apply tourniquets and/or pressure bandages to control hemorrhage;

(ii) Administer resuscitative oxygen procedures;

(iii) ((Establishing)) Establish open airways including intubation appliances, but excluding surgery;

(iv) Apply external supportive treatment to stabilize body temperature.

[Statutory Authority: RCW 18.92.030. 91-02-060 (Order 108B), recodified as 246-935-050, filed 12/28/90, effective 1/31/91. Statutory Authority: RCW 18.92.015 and 18.92.030. 83-19-055 (Order PL 445), 308-156-050, filed 9/19/83.]

(1) Completion of a post ((high school course)) secondary educational program for animal or veterinary technology approved by the Committee on Veterinary Technician Education and Activities (CVTEA) of the American Veterinary Medical Association (AVMA). The board approves all ((those)) institutions accredited by, and in good standing with, the AVMA. AVMA-accredited programs in veterinary technology means any postsecondary educational program of two or more academic years that has fulfilled the essential criteria established by the Committee on Veterinary Technician Education and Activities and approved by the AVMA House of Delegates (AVMA/NAVTA Liaison Committee Model Practice Act adopted 1992). Other institutions ((which may apply)) applying for ((the)) board(('s)) approval ((and which)) must meet the accreditation standards of the CVTEA ((to the board's satisfaction may be approved, but)). It is the responsibility of ((an)) the institution to apply for approval and of a student to ascertain whether or not a school has been approved by the board. The examination may not be taken prior to ((two)) six months preceding graduation from the course of instruction.

(2) Graduation from a two-year curriculum in animal health or veterinary technology which is not accredited by the CVTEA plus a minimum of thirty-six months of full-time experience under the supervision of a licensed veterinarian(s) who ((shall)) must attest to the completion of that experience.

(3) Award of a D.V.M. or V.M.D. degree or equivalent from an American Veterinary Medical Association accredited or listed college of veterinary medicine.

(4) ((Applicant is registered, certified)) Registration, certification, or ((licensed)) licensure as an animal health or veterinary technician in one or more states and ((has obtained)) thirty-six months of full-time experience under the supervision of a licensed veterinarian(s).

(5) Completion of a course in veterinary technician education as a member of the United States military and completion of a tour of active duty as a veterinary ((animal)) technician or specialist.

(6) Five years full-time ((animal technician)) experience as an unregistered assistant under the supervision of a licensed veterinarian(s) who ((shall)) must attest to the completion of that experience.

[Statutory Authority: RCW 18.92.030. 93-12-126 (Order 368B), 246-935-060, filed 6/2/93, effective 7/3/93; 91-24-098 (Order 221B), 246-935-060, filed 12/4/91, effective 1/4/92; 91-02-060 (Order 108B), recodified as 246-935-060, filed 12/28/90, effective 1/31/91. Statutory Authority: RCW 18.92.015 and 18.92.030. 83-19-055 (Order PL 445), 308-156-055, filed 9/19/83.]

Washington State Code Reviser's Office