WSR 06-16-116

PROPOSED RULES

DEPARTMENT OF HEALTH


(Board of Optometry)

[ Filed August 1, 2006, 12:37 p.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: WAC 246-851-490 Examination and licensure and new section WAC 246-851-540 Optometry inactive status, are being proposed by the board of optometry in response to ESSB 5535, enacted by the 2006 legislature. This law directs that all optometrists licensed in Washington be licensed at the full scope of practice by January 1, 2011. The law also authorizes an inactive status for optometrists.

Hearing Location(s): Department of Health, Center Point Corporate Park, 20435 72nd South, Kent, WA, on September 15, 2006, at 11:00 a.m.

Date of Intended Adoption: September 15, 2006.

Submit Written Comments to: Judy Haenke, Program Manager, P.O. Box 47870, Olympia, WA 98504-7870, (360) 236-4947, judy.haenke@doh.wa.gov, web site http://www3.doh.wa.gov/policyreview/, fax (360) 236-4947, by September 12, 2006.

Assistance for Persons with Disabilities: Contact Judy Haenke by September 7, 2006, TTY (800) 833-6388 or 711.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rules will implement ESSB 5535, enacted by the 2006 legislature directing all optometrists to complete required training to authorize full scope of practice by January 1, 2011, which includes topical and oral prescriptive authority, limited controlled substances and administration of epinephrine by injection. The law also provides for an inactive status. The purpose of the law is to provide clarification to the public regarding what level of care optometrists can provide. This proposal amends WAC 246-851-490 Examination and licensure, to include the timetable by which all currently licensed optometrists and applicants must qualify for the full scope of practice. A proposed new section sets forth the process for obtaining and maintaining an inactive license.

Reasons Supporting Proposal: Legislation enacted in 2006, sets a required timeline for all Washington licensed optometrists to reach the highest level of licensure. The highest level of licensure includes authorization for prescribing or administering topical drugs, oral drugs and limited controlled substances and administering epinephrine by injection. The law also provides for an inactive status. The law will clarify for the public what level of care optometrists can provide, simplify processing of insurance claims, and provide clarity for pharmacists who fill prescriptions.

Statutory Authority for Adoption: RCW 18.54.070(2).

Statute Being Implemented: RCW 18.53.010.

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

Name of Proponent: Department of health, board of optometry, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Judy Haenke, Program Manager, P.O. Box 47870, Olympia, WA 98504-7870, (360) 236-4947.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The rule is exempt from a small business economic impact statement under RCW 19.85.025, which does not apply to rules adopted under RCW 34.05.310 (4)(c).

A cost-benefit analysis is not required under RCW 34.05.328. The rule is exempt from the cost-benefit analysis requirements under RCW 34.05.328 (5)(b)(iii).

August 1, 2006

Jeffrey Sutro, O.D., Chair

Board of Optometry

OTS-8973.2


AMENDATORY SECTION(Amending WSR 96-20-087, filed 10/1/96, effective 11/1/96)

WAC 246-851-490   Examination and licensure.   To qualify for licensure in this state a candidate must:

(1) Successfully complete Parts I, II, and III of the National Board of Examiners in Optometry (NBEO) examinations; the Part III having been administered and successfully completed after January 1, 1993((;)).

(2) Applicants who completed the NBEO Part II examination prior to January 1, 1993, must successfully complete the International Association of Examiners in Optometry (IAB) examination in treatment and management of ocular disease((; and)).

(3) Successfully complete a jurisprudence questionnaire((; and)).

(4) Be a graduate of a state accredited high school or equivalent((; and)).

(5) Be a graduate of a school or college of optometry accredited by the Council on Optometric Education of the American Optometric Association and approved by the Washington state board of optometry((; and)).

(6) Be of good moral character.

(7) Effective January 1, 2007, all applicants who receive their initial (first) license in Washington state must meet all the certification requirements of RCW 18.53.010 (2)(a), (b), (c), and (d).

(8) Effective January 1, 2009, all optometrists licensed in Washington state must be certified under RCW 18.53.010 (2)(a) and (b).

(9) Effective January 1, 2011, all optometrists licensed in Washington state must be certified under RCW 18.53.010 (2)(a), (b), (c), and (d).

[Statutory Authority: RCW 18.54.070(2). 96-20-087, 246-851-490, filed 10/1/96, effective 11/1/96. Statutory Authority: RCW 18.54.070. 95-14-114, 246-851-490, filed 6/30/95, effective 7/31/95; 92-20-019 (Order 305B), 246-851-490, filed 9/25/92, effective 10/26/92; 92-06-030 (Order 248B), 246-851-490, filed 2/26/92, effective 3/28/92.]


NEW SECTION
WAC 246-851-540   Inactive credential.   (1) An optometrist may obtain an inactive credential. Refer to the requirements of chapter 246-12 WAC, Part 4.

(2) To return to active practice from inactive practice, an optometrist must:

(a) Meet the requirements of RCW 18.53.010 (2)(a), (b), (c), and (d);

(b) Provide verification from all jurisdictions in which the applicant holds a license, whether active or inactive, indicating that the applicant is not subject to charges or disciplinary action for unprofessional conduct or impairment; and

(c) Meet the requirements of chapter 246-12 WAC, Part 4.

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Washington State Code Reviser's Office