WSR 01-23-098

EXPEDITED RULES

DEPARTMENT OF HEALTH


(Veterinary Board of Governors)

[ Filed November 21, 2001, 11:53 a.m. ]

     Title of Rule: Chapter 246-935 WAC, Veterinary animal technician.

     Purpose: Update language from "animal technician" to "veterinary technician," eliminate redundancies, change application submission date, and clarify language.

     Other Identifying Information: Implements chapter 93, Laws of 2000.

     Statutory Authority for Adoption: RCW 18.92.030.

     Statute Being Implemented: Chapter 93, Laws of 2000.

     Summary: Chapter 93, Laws of 2000. The proposal changes "animal technician" to "veterinary technician" throughout chapter 246-935 WAC.

     Reasons Supporting Proposal: The veterinary statute was changed to update language from "animal technician" to "veterinary technician." The rules need to be updated to reflect that change.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Karen Kelley, 1112 S.E. Quince Street, (360) 236-4876.

     Name of Proponent: Karen Kelley, Program Manager, Veterinary Board of Governors, Department of Health, governmental.

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

     Explanation of Rule, its Purpose, and Anticipated Effects: Chapter 93, Laws of 2000. The proposal changes "animal technician" to "veterinary technician" throughout chapter 246-935 WAC.

     Proposal Changes the Following Existing Rules: Changes the current name from "animal technician" to "veterinary technician."

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 THE USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Karen Kelley, Program Manager, Department of Health, P.O. Box 47868, Olympia, WA 98504-7868 , AND RECEIVED BY January 23, 2002.


November 13, 2001

Gail Zimmerman

Executive Director

by Carol L. Lewis

OTS-5205.2

Chapter 246-935 WAC

VETERINARY ((ANIMAL)) TECHNICIANS


AMENDATORY SECTION(Amending Order 221B, filed 12/4/91, effective 1/4/92)

WAC 246-935-010   Definitions.   (1) "((Animal)) Veterinary technician" ((shall)) means any person who has met the requirements of RCW 18.92.015 and who is registered as required by chapter 18.92 RCW.

     (2) "Direct supervision" ((shall)) means the supervisor is on the premises, is quickly and easily available and the animal has been examined by a veterinarian at such times as acceptable veterinary medical practice requires, consistent with the particular delegated animal health care task.

     (3) "Emergency" means that the animal has been placed in a life-threatening condition where immediate treatment is necessary to sustain life.

     (4) "Immediate supervision" ((shall)) means the supervisor is in audible and visual range of the animal patient and the person treating the patient.

     (5) "Indirect supervision" ((shall)) means the supervisor is not on the premises, but has given either written or oral instructions for treatment of the animal patient and the animal has been examined by a veterinarian at such times as acceptable veterinary medical practice requires, consistent with the particular delegated animal health care task and the animal is not anesthetized.

     (6) "Supervisor" ((shall)) means a veterinarian or, if a task so provides, ((an animal)) a veterinary technician.

     (7) "Unregistered assistant" ((shall)) means any individual who is not ((an animal)) a veterinary technician or veterinarian.

     (8) "Veterinarian" ((shall)) means a person authorized by chapter 18.92 RCW to practice veterinary medicine in the state of Washington.

     (9) "Veterinary medical facility" is as defined by WAC 246-933-310.

[Statutory Authority: RCW 18.92.030. 91-24-098 (Order 221B), § 246-935-010, filed 12/4/91, effective 1/4/92; 91-02-060 (Order 108B), recodified as § 246-935-010, filed 12/28/90, effective 1/31/91. Statutory Authority: RCW 18.92.015 and 18.92.030. 83-19-055 (Order PL 445), § 308-156-010, filed 9/19/83. Statutory Authority: RCW 18.92.030. 80-01-069 (Order PL 332), § 308-156-010, filed 12/21/79.]


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

WAC 246-935-020   Applications -- ((Animal)) Veterinary technicians.   Applications for registration as ((an animal)) a veterinary technician shall be made on forms prepared by the secretary of the department of health and submitted to the ((division of professional licensing)) department of health. Applications must be received at least ((forty-five)) sixty days prior to the scheduled examination. The application, in addition to the required fee, ((shall)) must be accompanied by satisfactory evidence of experience and/or official transcripts or other evidence of completion of educational courses approved by the board. ((Said)) The application shall be signed by the applicant ((and sworn before some person authorized or [to] administer oaths)). When ((such)) the application and the accompanying evidence are found satisfactory, the secretary shall notify the applicant of eligibility to be scheduled for the ((animal)) veterinary technician examination.

[Statutory Authority: RCW 18.92.030. 92-02-057 (Order 233B), § 246-935-020, filed 12/30/91, effective 1/30/92; 91-02-060 (Order 108B), recodified as § 246-935-020, filed 12/28/90, effective 1/31/91. Statutory Authority: RCW 18.92.015 and 18.92.030. 83-19-055 (Order PL 445), § 308-156-020, filed 9/19/83. Statutory Authority: RCW 18.92.030. 80-01-069 (Order PL 332), § 308-156-020, filed 12/21/79.]


AMENDATORY SECTION(Amending Order 221B, filed 12/4/91, effective 1/4/92)

WAC 246-935-030   Grounds for denial, suspension or revocation of registration.   The board may suspend, revoke or deny the issuance or renewal of registration of any ((animal)) veterinary technician and file its decision in the secretary's office if the ((animal)) veterinary technician:

     (1) Has employed fraud or misrepresentation in applying for or obtaining the registration;

     (2) Has within ten years prior to the date of application been found guilty of a criminal offense relating to the practice of veterinary medicine, surgery and dentistry, including, but not limited to:

     (a) Any violation of the Uniform Controlled Substances Act or the Legend Drug Act;

     (b) Chronic inebriety;

     (c) Cruelty to animals;

     (3) Has violated or attempted to violate any provision of chapter 18.92 RCW or any rule or regulation adopted pursuant to that chapter;

     (4) Has assisted, abetted or conspired with another person to violate chapter 18.92 RCW, or any rule or regulation adopted ((pursuant to)) under that chapter;

     (5) Has performed any animal health care service not authorized by WAC 246-935-040 or 246-935-050.

[Statutory Authority: RCW 18.92.030. 91-24-098 (Order 221B), § 246-935-030, filed 12/4/91, effective 1/4/92; 91-02-060 (Order 108B), recodified as § 246-935-030, filed 12/28/90, effective 1/31/91. Statutory Authority: RCW 18.92.015 and 18.92.030. 83-19-055 (Order PL 445), § 308-156-030, filed 9/19/83. Statutory Authority: RCW 18.92.030. 80-01-069 (Order PL 332), § 308-156-030, filed 12/21/79.]


AMENDATORY SECTION(Amending Order 221B, filed 12/4/91, effective 1/4/92)

WAC 246-935-090   Examination review procedures.   (1) Each individual who takes the examination for registration as ((an animal)) a veterinary technician and does not pass the examination may request review by the board of his or her examination results. This request ((shall)) must be in writing and shall be received by the board within thirty days of notification of the examination results. The request shall state the reason or reasons the applicant feels the results of the examination should be changed. The board shall not consider any challenges to examination scores unless the total revised score could result in the issuance of a registration. The board shall consider the following to be adequate reasons for consideration for review and possible modification of examination results:

     (a) A showing of a significant procedural error in the examination process;

     (b) Evidence of bias, prejudice or discrimination in the examination process;

     (c) Other significant errors which result in substantial disadvantage to the applicant.

     (2) Any applicant who is not satisfied with the result of the examination review may appeal the board's decision and may request a formal hearing ((to be held)) before the board ((pursuant to)) under the Administrative Procedure Act. ((Such)) The hearing shall be requested within twenty days of receipt of the result of the board's review of the examination results. ((The board shall not consider any challenges to examination scores unless the total revised score could result in the issuance of a registration.))

[Statutory Authority: RCW 18.92.030. 91-24-098 (Order 221B), § 246-935-090, filed 12/4/91, effective 1/4/92; 91-02-060 (Order 108B), recodified as § 246-935-090, filed 12/28/90, effective 1/31/91; 86-08-068 (Order PL 584), § 308-156-075, filed 4/1/86.]


AMENDATORY SECTION(Amending Order 221B, filed 12/4/91, effective 1/4/92)

WAC 246-935-100   Reexamination.   An applicant who has failed the ((animal)) veterinary technician examination may apply for reexamination((, provided the required reexamination fee is submitted. Applicants who have failed either the written or the practical portion of the examination shall be required to be reexamined in the specific portion of the examination previously failed)).

[Statutory Authority: RCW 18.92.030. 91-24-098 (Order 221B), § 246-935-100, filed 12/4/91, effective 1/4/92; 91-02-060 (Order 108B), recodified as § 246-935-100, filed 12/28/90, effective 1/31/91. Statutory Authority: RCW 18.92.015 and 18.92.030. 83-19-055 (Order PL 445), § 308-156-080, filed 9/19/83. Statutory Authority: RCW 18.92.030. 80-01-069 (Order PL 332), § 308-156-080, filed 12/21/79.]


AMENDATORY SECTION(Amending Order 221B, filed 12/4/91, effective 1/4/92)

WAC 246-935-120   Frequency and location of examination.   (1) The examination for ((animal)) veterinary technicians shall be given at least once a year at ((such)) times and places ((as the director may authorize)) authorized by the secretary.

     (2) ((Should an)) If the applicant fails to appear for examination at the designated time and place, the applicant ((shall)) will forfeit the examination fee unless the applicant has notified the ((division of professional licensing services)) department of health in writing of an inability to appear for the scheduled exam at least five days before the designated time.

[Statutory Authority: RCW 18.92.030. 91-24-098 (Order 221B), § 246-935-120, filed 12/4/91, effective 1/4/92; 91-02-060 (Order 108B), recodified as § 246-935-120, filed 12/28/90, effective 1/31/91; 88-08-033 (Order PM 719), § 308-156-100, filed 4/1/88. Statutory Authority: RCW 18.92.015 and 18.92.030. 83-19-055 (Order PL 445), § 308-156-100, filed 9/19/83. Statutory Authority: RCW 18.92.030. 80-01-069 (Order PL 332), § 308-156-100, filed 12/21/79.]

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