WSR 01-24-106

PROPOSED RULES

DEPARTMENT OF HEALTH


(Board of Optometry)

[ Filed December 5, 2001, 9:38 a.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: WAC 246-851-150 Credit for individual research, publications and small group study, 246-851-160 Credit for reports, 246-851-250 Minimum equipment requirements, 246-851-300 Renting space from and practicing on premises of commercial (mercantile) concern, 246-851-310 Proper identification of licensees, 246-851-330 Misleading titles or degrees, and 246-851-520 Contact lens prescription defined.

Purpose: The changes are intended to clarify existing language without changing its effect.

Statutory Authority for Adoption: RCW 18.54.070(2).

Statute Being Implemented: RCW 18.54.070(2).

Summary: Updates and clarifies rules related to continuing education including correcting references to professional literature. Updates equipment requirements for licensees. Deletes unnecessary language and corrects references to gender related to practicing on a commercial location proper identification and titles of licensees. Updates language related to contact lense prescriptions.

Reasons Supporting Proposal: References in continuing education rules to optometric literature are inaccurate. Required equipment for optometrists currently in rule is outdated. Other rules contain unnecessary language and incorrect gender reference which detract from the readability clarity of the rule.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Judy Haenke, Program Manager, 1300 S.E. Quince, Olympia, WA 98504, (360) 236-4947.

Name of Proponent: Board of Optometry, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The following proposed amendments update and clarify the rules without changing the effect of the rules.

WAC 246-851-150 Credit for individual research, publications, and small group study, allows for continuing education credit for research or publication. Amendment clarifies that publication must be submitted for publication.

WAC 246-851-160 Credit for reports, updates optometric literature approved for reports.

WAC 246-851-250 Minimum equipment requirements, updates required minimum equipment.

WAC 246-851-300 Renting space from and practicing on premises of commercial (mercantile) concern, deletes unnecessary and outdated language.

WAC 246-851-310 Proper identification of licensees, clarifies language and removes gender references.

WAC 246-851-330 Misleading titles or degrees, clarifies language.

WAC 246-851-520 Contact lens prescription defined, updates language relating to a contact lens prescription.

Proposal Changes the Following Existing Rules: Clarifies existing language without changing the effect of the rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement is not necessary for rules that are exempt under RCW 34.05.310(4). These changes provide clarification and do not change the substance of the rules.

RCW 34.05.328 does not apply to this rule adoption. This proposal does not subject a person to a penalty or sanction; does not establish, alter or revoke a qualification or standards for optometry licensure; and does not make significant amendment to a policy or regulatory program. This proposal amends existing rules to make them clearer without changing the effect of the rules.

Hearing Location: Department of Health Administrative Office, Conference Room 2, 20435 72nd South, Second Floor, Kent, WA 98032, on March 22, 2002.

Assistance for Persons with Disabilities: Contact Judy Haenke at (360) 236-4947, by March 15, 2002, TDD (360) 753-2870, or fax (360) 586-0745.

Submit Written Comments to: Judy Haenke, Program Manager, P.O. Box 47870, Olympia, WA 98504-7870, (360) 236-4947, fax (360) 586-4359, by March 5, 2002.

Date of Intended Adoption: March 23, 2002.

November 15, 2001

Donald H. Williams

Executive Director

Health Professions

Section Four

OTS-5032.4


AMENDATORY SECTION(Amending WSR 97-12-088, filed 6/4/97, effective 7/5/97)

WAC 246-851-150   Credit for individual research, publications, and small group study.   (1) Subject to approval by the board, continuing education credit may be granted for:

(a) Participation in formal reviews and evaluations of patient care such as peer review and case conferences;

(b) Participation in small group study or individual research;

(c) Scholarly papers and articles whether or not the articles or papers are published.

Requests for credit for papers or articles should include a copy of the article((, date of acceptance or publication,)) and the number of hours requested.

(2) Licensees must submit requests for credit ((must be submitted)) to the board at least sixty days prior to the end of the reporting period.

(3) No more than ten credit hours will be granted under this section to any licensee in any two-year reporting period.

[Statutory Authority: RCW 18.54.070(2). 97-12-088, 246-851-150, filed 6/4/97, effective 7/5/97. Statutory Authority: RCW 18.54.070. 91-06-025 (Order 119B), recodified as 246-851-150, filed 2/26/91, effective 3/29/91; Order PL 239, 308-53-140, filed 3/3/76.]


AMENDATORY SECTION(Amending WSR 97-12-088, filed 6/4/97, effective 7/5/97)

WAC 246-851-160   Credit for reports.   (1) Continuing education credit will be granted for reports on professional optometric literature. Licensees must submit requests for credit ((must be submitted)) at least sixty days prior to the end of the reporting period. The request ((should)) must include a copy of the article, including publication source, date and author. The report ((should)) must be typewritten and include at least ten descriptive statements from the article.

(2) Professional literature approved for ((such)) these reports are:

(a) American Journal of Optometry and Physiological Optics;

(b) American Optometric Association News;

(c) Contact Lens ((Forum)) Spectrum;

(d) ((Contacto;

(e) Insight;

(f) International Contact Lens Clinic;

(g))) Journal of American Optometric Association;

(((h))) (e) Journal on Optometric Education;

(((i))) (f) Journal of Optometric Vision Development;

(((j) OEP Monthly;

(k))) (g) Optometric Management;

(((l) Optometric Monthly;

(m) Optometric World;

(n))) (h) Review of Optometry;

(((o))) (i) 20/20 Magazine; and

(((p))) (j) Other literature as approved by the board.

(3) Each report qualifies for one credit hour. No more than ten credit hours will be granted under this section to any licensee in any two-year reporting period.

[Statutory Authority: RCW 18.54.070(2). 97-12-088, 246-851-160, filed 6/4/97, effective 7/5/97. Statutory Authority: RCW 18.54.070. 91-22-061 (Order 210B), 246-851-160, filed 11/1/91, effective 12/2/91; 91-06-025 (Order 119B), recodified as 246-851-160, filed 2/26/91, effective 3/29/91. Statutory Authority: RCW 18.54.070(2). 89-10-030 (Order PM 839), 308-53-145, filed 4/27/89. Statutory Authority: RCW 18.54.070. 88-07-047 (Order PM 710), 308-53-145, filed 3/11/88. Statutory Authority: RCW 18.54.070(5). 80-04-054 (Order PL 331), 308-53-145, filed 3/21/80.]


AMENDATORY SECTION(Amending Order 119B, filed 2/26/91, effective 3/29/91)

WAC 246-851-250   Minimum equipment requirements.   (1) ((At the minimum, every)) Licensed optometrists must have ((immediate)) direct access on the premises to the following equipment and accessories, all of which must be in working condition:

(a) Adjustable examining chair;

(b) Phoropter/refractor;

(c) Retinoscope;

(d) Ophthalmoscope;

(e) Pupillary distance measuring device;

(f) Projector and screen; or illuminated test cabinet, or chart for distant vision testing;

(g) Nearpoint vision testing equipment;

(h) Lensometer((/vertometer));

(i) Tonometer;

(j) Biomicroscope/slit lamp;

(k) A clinically accepted visual field testing instrument or equipment.

(2) ((In addition to the equipment and accessories listed in subsection (1) above, if a)) Licensed optometrists who prescribe((s)) contact lenses ((he)) must have ((in his office)) direct access on the premises to the following equipment, all of which must be in working condition:

(a) Diameter gauge;

(b) Thickness gauge;

(c) Cobalt or black light instrument;

(d) ((Magnifier, which may separate or part of cobalt or black light instrument;

(e))) Radiuscope/contactogauge type measuring instrument;

(((f))) (e) Thickness tables;

(((g) Diopter to millimeter conversion tables;

(h) Ophthalmometer/P.E.K. corneal measurement type instrument.)) (f) Corneal measurement instrument that quantifies corneal curvature.

[Statutory Authority: RCW 18.54.070. 91-06-025 (Order 119B), recodified as 246-851-250, filed 2/26/91, effective 3/29/91; 89-01-087 (Order 812), 308-53-200, filed 12/21/88, effective 1/1/90; Order PL 256, 308-53-200, filed 9/13/76.]


AMENDATORY SECTION(Amending Order 119B, filed 2/26/91, effective 3/29/91)

WAC 246-851-300   Renting space from and practicing on premises of commercial (mercantile) concern.   Where a doctor of optometry rents or buys space from and practices optometry on the premises of a commercial or mercantile concern:

(1) The practice must be owned by the doctor of optometry solely or in conjunction with other licensed doctors of optometry, and in every phase be under the exclusive control of the doctor(s) of optometry. The prescription files ((must be)) are the sole property of the doctor(s) of optometry.

(2) The space must be definite and distinct from space occupied by other occupants of the ((premises and by the)) commercial or mercantile concern ((itself)).

(3) The doctor(s) of optometry must be clearly identified to the public. Such identification must include the name of the doctor(s) of optometry and the term "doctor of optometry" or "independent doctor of optometry" or other similar phrase.

(4) All signs, advertising and display must be separate and distinct from that of the other occupants and of the commercial or mercantile concern ((itself, and have the name of the doctor(s) of optometry and the words "doctor of optometry" prominently displayed in connection therewith)). ((Any verbal or spoken)) All optometric practice advertisement or announcement ((advertising an optometrist)) on the premises of a commercial or mercantile concern shall not make references which could reasonably convey the impression that the optometric practice is controlled by or part of the commercial or mercantile concern.

(((4) There must be displayed on any part of the premises occupied by the doctor of optometry or in any advertising of such doctor of optometry no legends such as "optical department," "optical center," "optometrical department," or any others which could reasonably convey the impression that the optometric practice is controlled by or part of the commercial or mercantile concern.

(5) In any written advertisement or announcement which uses the name of a commercial or mercantile concern to indicate the location of an optometric practice, the name(s) of the licensed doctor(s) of optometry owning the practice must be in larger type than the name of the commercial or mercantile concern.

(6) A written notice, of a size and type reasonably expected to attract the attention of the public, shall be put in a conspicuous place where the public will be exposed to it before professional services have been contracted for; this notice shall, in plain and simple terms, explain the relationship between the doctor of optometry and the commercial concern. The notice must express that the doctor of optometry is not controlled by the commercial concern in his professional practices, and must clearly describe the amount of responsibility that the commercial concern takes for the professional services rendered by the doctor of optometry.

Examples follow; these are not exhaustive:

John Smith, O.D., is a lessee, not an employee, of the store. He is solely responsible for his professional activities.

The store accepts no responsibility for the actions of John Smith, O.D., its lessee.

John Smith, O.D., is a lessee of the store, not an employee. As a part of the lease, he has agreed to follow the store's policy of "guaranteed satisfaction or your money back." (Obviously, only if this is true.)

Washington law prohibits the store from controlling or owning the practice of a licensed doctor of optometry. Accordingly, the store can assume no responsibility for Dr. Smith's professional services.

The store is responsible for filling your optical prescription. It is not responsible for the professional services of Dr. Smith, its lessee. (If the store operates the optical dispensary.)))

[Statutory Authority: RCW 18.54.070. 91-06-025 (Order 119B), recodified as 246-851-300, filed 2/26/91, effective 3/29/91. Statutory Authority: RCW 18.54.070(5). 81-06-012 (Order PL 367), 308-53-230, filed 2/20/81; 78-02-030 (Order PL 281), 308-53-230, filed 1/17/78; Order PL-271, 308-53-230, filed 7/25/77.]


AMENDATORY SECTION(Amending Order 119B, filed 2/26/91, effective 3/29/91)

WAC 246-851-310   Proper identification of licensees.   Each person licensed ((pursuant to)) under chapter 18.53 RCW must be clearly identified to the public as a doctor of optometry at ((every establishment in which he is engaged in the practice of optometry)) all practice locations. ((Such)) The identification must include the name of the licensee ((in letters at least two inches high)) and the term "doctor of optometry" or "independent doctor of optometry" or other similar phrase, at or near the entrance to the licensee's office.

((If an owner of all or part of a practice does not engage in optometry on a regular basis at that location, his name and address in letters at least two inches high must be clearly visible to patients at or near the entrance to the location. To engage in optometry "on a regular basis" means to practice at a particular location at regular, periodic intervals, information of which is readily available to the public.))

[Statutory Authority: RCW 18.54.070. 91-06-025 (Order 119B), recodified as 246-851-310, filed 2/26/91, effective 3/29/91. Statutory Authority: RCW 18.54.070(5). 78-02-030 (Order PL 281), 308-53-235, filed 1/17/78.]


AMENDATORY SECTION(Amending Order 119B, filed 2/26/91, effective 3/29/91)

WAC 246-851-330   Misleading titles or degrees.   An optometrist shall not use misleading ((nor nonhealth related)) or unrelated degrees or titles in connection with the professional practice of optometry. The use of an optometric designation such as "optometrist" or "doctor of optometry" or other similar phrase shall not be used in connection with a business or activity that is not related to optometric care. ((Degrees, titles or professional identifications may not be used which have not been specifically granted to an optometrist by an approved school or college.))

[Statutory Authority: RCW 18.54.070. 91-06-025 (Order 119B), recodified as 246-851-330, filed 2/26/91, effective 3/29/91. Statutory Authority: RCW 18.54.070(5). 80-01-088 (Order PL 326), 308-53-245, filed 12/28/79.]


AMENDATORY SECTION(Amending Order 308B, filed 9/30/92, effective 10/31/92)

WAC 246-851-520   Contact lens prescription defined.   ((An optometric)) A contact lens prescription is a written, signed order from an optometrist to another optometrist, physician, or dispensing optician describing optical and physical characteristics of the contact lenses to be dispensed. It shall be based upon a comprehensive vision and eye health examination, followed by a diagnostic or trial evaluation, and a final evaluation of the contact lens on the eye by ((the)) a prescribing doctor.

[Statutory Authority: RCW 18.54.070. 92-20-048 (Order 308B), 246-851-520, filed 9/30/92, effective 10/31/92.]

Washington State Code Reviser's Office