WSR 02-02-044

EXPEDITED RULES

DEPARTMENT OF HEALTH


(Veterinary Board of Governors)

[ Filed December 27, 2001, 11:33 a.m. ]

     Title of Rule: WAC 246-937-010, 246-937-020, 246-937-030, 246-937-040, 246-937-050, 246-937-060, 246-937-070 and 246-937-090, registered veterinary medication clerks.

     Purpose: To update language to correctly reflect RCW 18.92.145. Veterinary medication clerks are registered, not certified. Amendments reflect this change.

     Statutory Authority for Adoption: RCW 18.92.030.

     Statute Being Implemented: RCW 18.92.145.

     Summary: Amendments are housekeeping in nature. The proposal changes "certified veterinary medication clerk" to "registered veterinary medication clerk" to comply with RCW 18.92.145, and makes grammatical changes to make rules more clear.

     Reasons Supporting Proposal: Rules will be more clear and easier to understand.

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

     Name of Proponent: Veterinary Board of Governors, governmental.

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

     Explanation of Rule, its Purpose, and Anticipated Effects: Rules define tasks, training and education for registered veterinary medication clerks. These rule amendments are housekeeping in nature and will make rules easier to understand and follow.

     Proposal Changes the Following Existing Rules: The proposal amends WAC 246-935-010 through 246-935-110, and the changes include changing certified to registered as well as additional grammatical changes to improve clarity.

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, Veterinary Board of Governors, P.O. Box 47868, Olympia, WA 98504-7868 , AND RECEIVED BY March 5, 2002.


December 18, 2001

Gail Zimmerman

Executive Director

by Carol L. Lewis

OTS-5305.2

Chapter 246-937 WAC

((CERTIFIED)) REGISTERED VETERINARY MEDICATION CLERKS


AMENDATORY SECTION(Amending WSR 95-04-083, filed 1/31/95, effective 3/3/95)

WAC 246-937-010   Definitions.   (1) "((Certified)) Registered veterinary medication clerk" means any person who has met the requirements for ((certification)) registration as established by the veterinary board of governors (board) and WAC 246-937-040.

     (2) "Direct supervision" means the supervising licensed veterinarian is on the premises and is quickly and easily available.

     (3) "Indirect supervision" means the supervising licensed veterinarian is not on the premises, but has given either written or oral instructions regarding policies and procedures for the handling of legend drugs.

     (4) "On-the-job training program" means a program following the guidelines approved by the board.

     (5) "Supervising veterinarian" means the licensed veterinarian who is responsible for closely supervising the ((certified)) registered veterinary medication clerk while ((he or she is)) performing daily duties.

     (6) "Sponsoring veterinarian" means the licensed veterinarian who is responsible for ((the)) training and reviewing the work of a ((certified)) registered veterinary medication clerk. An appropriate degree of supervision is involved.

[Statutory Authority: Chapter 18.92 RCW. 95-04-083, § 246-937-010, filed 1/31/95, effective 3/3/95.]


AMENDATORY SECTION(Amending WSR 95-04-083, filed 1/31/95, effective 3/3/95)

WAC 246-937-020   Responsibility for supervision.   Licensed veterinarians are responsible and accountable for the ordering, inventory, labeling, counting, packaging and delivery of legend drugs utilized in their practice. In accordance with chapter 18.92 RCW, certain nondiscretionary pharmaceutical tasks may be delegated by a veterinarian to a qualified nonveterinarian. The delegating veterinarian is responsible for the supervision of pharmaceutical tasks performed by veterinary medication clerks and ((registered animal)) veterinary technicians. Records shall be maintained that account for the receipt and disposition of all legend drugs. A ((certified)) registered veterinary medication clerk may be supervised by a licensed veterinarian other than ((his or her)) the sponsor subject to the sponsoring veterinarian's approval. The sponsoring veterinarian shall be primarily responsible for the performance and acts of ((his or her certified)) the registered veterinary medication clerk.

[Statutory Authority: Chapter 18.92 RCW. 95-04-083, § 246-937-020, filed 1/31/95, effective 3/3/95.]


AMENDATORY SECTION(Amending WSR 95-04-083, filed 1/31/95, effective 3/3/95)

WAC 246-937-030   Tasks and prohibited functions.   (1) A ((certified)) registered veterinary medication clerk may perform the following tasks only under the direct supervision of a licensed veterinarian: Counting, labeling, and packaging of legend drugs. A licensed veterinarian must personally inspect all packaged medication orders to ensure the accuracy of the order prior to delivery to the client. The licensed veterinarian will document the medication inspection by placing his/her initials in the patient's record.

     (2) A ((certified)) registered veterinary medication clerk may perform the following tasks under the indirect supervision of a licensed veterinarian: Ordering, stocking, inventorying, and the delivery of legend drugs. The identity of the client ((shall)) must be confirmed before the delivery of legend drugs.

     (3) The following functions ((shall)) must not be delegated by a licensed veterinarian to a ((certified)) registered veterinary medication clerk:

     (a) Consultation with a client regarding the medication order and/or any information involving professional clinical judgment.

     (b) Dispensing any medication. The medication must be recorded in the patient's record by the authorizing veterinarian.

     (c) Extemporaneous compounding of a medication order.

     (d) Interpretation of data in a patient record.

     (e) Final inspection of a completed medication order as described in WAC 246-937-030(1).

     (f) Any duties required by law to be performed by a licensed veterinarian.

     (g) Any ordering, accountability, packaging, or delivery of controlled substances as defined in or under chapter 69.50 RCW.

[Statutory Authority: Chapter 18.92 RCW. 95-04-083, § 246-937-030, filed 1/31/95, effective 3/3/95.]


AMENDATORY SECTION(Amending WSR 95-04-083, filed 1/31/95, effective 3/3/95)

WAC 246-937-040   Training and education.   (1) The training of veterinary medication clerks ((shall)) must be obtained by completion of an on-the-job training program following guidelines approved by the board.

     (2) The minimum educational requirement ((shall)) must be high school graduation or equivalency.

[Statutory Authority: Chapter 18.92 RCW. 95-04-083, § 246-937-040, filed 1/31/95, effective 3/3/95.]


AMENDATORY SECTION(Amending WSR 98-05-060, filed 2/13/98, effective 3/16/98)

WAC 246-937-050   Applications.   In addition to the requirements of chapter 246-12 WAC, Part 2, the application ((will)) must be signed by the sponsoring veterinarian attesting that the applicant is qualified to perform the responsibilities of a ((certified)) registered veterinary medication clerk and is familiar with the procedures and policies of the practice. ((Certification)) Registration is valid only for employment at the veterinary practice identified in the application and/or pursuant to WAC 246-937-020.

[Statutory Authority: RCW 43.70.280. 98-05-060, § 246-937-050, filed 2/13/98, effective 3/16/98. Statutory Authority: Chapter 18.92 RCW. 95-04-083, § 246-937-050, filed 1/31/95, effective 3/3/95.]


AMENDATORY SECTION(Amending WSR 95-04-083, filed 1/31/95, effective 3/3/95)

WAC 246-937-060   Transfer of registration.   In the event that a ((certified)) veterinary medication clerk who is currently registered, desires to be sponsored by another licensed veterinarian, application for transfer of registration ((to a new sponsoring veterinarian shall)) must be made on forms provided by the board and be subject to the board's approval.

[Statutory Authority: Chapter 18.92 RCW. 95-04-083, § 246-937-060, filed 1/31/95, effective 3/3/95.]


AMENDATORY SECTION(Amending WSR 95-04-083, filed 1/31/95, effective 3/3/95)

WAC 246-937-070   Termination of sponsorship.   Upon termination of the working relationship, between the ((certified)) registered veterinary medication clerk and the sponsoring veterinarian, the sponsoring veterinarian shall notify the board in writing.

[Statutory Authority: Chapter 18.92 RCW. 95-04-083, § 246-937-070, filed 1/31/95, effective 3/3/95.]


AMENDATORY SECTION(Amending WSR 95-04-083, filed 1/31/95, effective 3/3/95)

WAC 246-937-090   Grounds for denial, suspension, or revocation of registration.   The board may suspend, revoke or deny the issuance or renewal of ((certification)) registration of any ((applicant and/or certified)) veterinary medication clerk and file its decision in the secretary's office if the ((applicant and/or certified)) veterinary medication clerk:

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

     (2) Has within ten years prior to the date of application been found guilty by any court of competent jurisdiction of violation of laws relating to the practice of veterinary medicine, surgery and dentistry, including, but not limited to:

     (a) State or federal laws relating to the regulation of drugs;

     (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 that chapter;

     (5) Has performed any animal health care service not authorized by WAC 246-937-030.

[Statutory Authority: Chapter 18.92 RCW. 95-04-083, § 246-937-090, filed 1/31/95, effective 3/3/95.]

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