Controversial New Policies in Washington State
In 2023, the Washington State Veterinary Board of Governors modified their rules for licensed veterinarians. Their new policy reads:
WAC 246-933-501 Intent. It is the intent of the legislature to allow qualified animal control agencies and humane societies to provide veterinary services to low-income households in our communities. It is not the intent of the legislature to allow these entities to provide veterinary services to the public at large, except for in emergency situations and when providing postadoption care as described in RCW 18.92.260 (1)(c).
The policy is followed by sections on how to determine if a family is low income and reporting obligations by the shelters and humane societies.
What does this mean?
It means that nonprofits and shelters cannot provide vet services to anyone that is not low income unless it is an emergency or spay/neuter and vaccine treatment within 30 days of the animal’s adoption. The news of this change is now trickling out to the public. How did this change happen without (apparent) input from citizens?
What Is the Washington Administrative Code (WAC)?
Let’s start with the WAC (Washington Administrative Code) designation of the rule. The Washington State Legislature acknowledges it cannot be an expert on all things, so it has created agencies that perform administrative functions. These bodies are given a sliver of legislative power so they can make rules (often called regulations) that have the force and effect of law. Agency rules are published in the Washington Administrative Code (WAC), which contains an ever-changing body of regulations. Agencies that have rule-making power can be obscure (e.g. the Nuclear Waste Board) or familiar (e.g. Department of Licensing). In reality, a citizen’s life is affected in nearly all areas of daily life by agency rules.
For example, the Department of Health (DOH) is ultimately responsible for the licensing of optometrists, midwives, doctors and veterinarians, among others. And because DOH cannot be an expert on each profession’s qualifications, it relies on official Boards to set standards and adopt rules to ensure qualified people are practicing these professions.
What Is The Washington State Veterinary Board of Governors?
Let’s look at the Washington State Veterinary Board of Governors (VBOG). This is the group of decision-makers responsible for the policy change. It also represents the interests of the veterinary industry in our state.
This board is housed within the Washington State Department of Health. Its mission is “to protect the health, safety, and welfare of the public and their animals by regulating the competency and quality of veterinary healthcare providers and facilities.” VBOG has six licensed veterinarians, one licensed veterinary technician, one licensed veterinarian or a licensed veterinary technician, and one member of the public. The member's terms are five years.
The specific duties of the board are the following:
Develop, administer, and approve licensure examinations in the subjects determined by the board to be essential to the practice of veterinary medicine, surgery, and dentistry.
Approve examinations prepared or administered by a private testing agency or association of licensing authorities.
Adopt rules regarding:
Standards for the performance of the duties and responsibilities of veterinary technicians and veterinary medication clerks.
Minimum standards of continuing education for veterinary technicians.
Standard prescribing requirements for veterinary medical facilities.
Minimum standards of continuing veterinary medical education.
How Did The Policy Change Happen?
The March 2023 VBOG meeting notes refer to the intent to add the low-income requirement as authorized by Substitute Senate Bill 5004 (2019 - 2020).
The proposal was first considered in 2019, and notice was sent to the Washington State Register (WSR), a bi-weekly document published by the State. The Register contains pre-proposals (in other words, “we’re considering adopting rules about something - let us know what you think”), proposed, final, and emergency rules. At the end of the year, all final and emergency rules published in the Register are swept up into the annual WAC edition.
Here is the chain of events:
The low-income rules were the topic of a pre-proposal filed by VBOG on December 5, 2019 and published in the WSR at 20-01-013; it invited the public to comment on the idea.
On January 11, 2022 VBOG published an invitation for the public to attend a virtual hearing on rescue and shelter vet services delivered to low-income families. This notice appeared in the WSR at 22-04-087.
On January 18, 2023 the Register published a draft version of the proposed rule. This notice was published at WSR 23-03-110 and included the date and time of a hearing to be held on March 6th on the topic.
A revised rule was published in the 5/3/2023 Register, and adopted on 6/3/2023 at WRS 23-11-002.
What Lessons Can We Learn?
While it is clear that the Board took their notice and citizen involvement seriously, it is difficult to keep track of meeting notices (some during Covid) when they appear in a little-known but vital publication.
Citizens intent on monitoring animal welfare issues should be aware of the Register and monitor it for upcoming possible rule changes. Agencies of interest might include the Department of Health, VBOG, Fish and Wildlife, Agriculture (Livestock and Pets Division), and Parks and Recreation.
If you’re curious about whether the VBOG met their statutory duties, the RCW 34.05 sets out the Administrative Procedure Act; all state agencies must follow the APA by operating in the sunshine (in other words, there must be transparency.)