WSR 10-04-069

EXPEDITED RULES

STATE BOARD OF HEALTH


[ Filed January 29, 2010, 5:01 p.m. ]

Title of Rule and Other Identifying Information: WAC 246-760-100 Auditory and visual standards -- School districts.

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 THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Teresa Cooper, Washington State Department of Health, P.O. Box 47880, Olympia, WA 98504-7880, (360) 236-3530 , AND RECEIVED BY April 5, 2010.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal updates and corrects the rule regarding visual screening of children in public schools. Opthalmologists, optometrists and opticians, who donate their services, may participate in vision screenings in schools.

Reasons Supporting Proposal: The current rule prohibits opthamlogists [opthalmologists], optometrists and opticians from participating in visual screening of children in schools. ESSB 5889 was passed in 2009, and expressly allows these vision professionals to perform screening in schools. The rule revision is necessary to make the rule consistent with statute.

An expedited rule-making process was chosen for this proposal because it is a legislative requirement.

Statutory Authority for Adoption: RCW 28A.210.020.

Statute Being Implemented: RCW 28A.210.020.

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

Name of Proponent: Washington state board of health, governmental.

Name of Agency Personnel Responsible for Drafting: Teresa Cooper, Department of Health, 111 Israel Road S.E., Tumwater, WA 98501, (360) 236-3530; Implementation and Enforcement: Superintendent of Public Instruction, 600 Washington Street S.E., Olympia, WA 98501, (360) 725-6000.

January 29, 2010

Craig McLaughlin

Exective [Executive] Director

OTS-2912.1


AMENDATORY SECTION(Amending WSR 02-20-079, filed 9/30/02, effective 10/31/02)

WAC 246-760-100   What are the qualifications for visual screening personnel?   (1) Screening must be performed by persons competent to administer screening procedures as a function of their professional training and background or special training and demonstrated competence under supervision.

(2) Technicians and nonprofessional volunteers must have adequate preparation and thorough understanding of the tests as demonstrated by their performance under supervision.

(3) Supervision, training, reporting and referral shall be the responsibility of a professional person specifically designated by the school administration. He or she may be a school nurse or public health nurse, a special educator, teacher or administrator who possesses basic knowledge of the objectives and methods of visual acuity screening, supervisory experience and ability, demonstrated ability to teach others and demonstrated capacity to work well with people.

(((4) Screening may not be performed by ophthalmologists, optometrists, or opticians or any individuals who may have a conflict of interest.))

[Statutory Authority: RCW 28A.210.200. 02-20-079, 246-760-100, filed 9/30/02, effective 10/31/02. Statutory Authority: RCW 43.20.050. 91-02-051 (Order 124B), recodified as 246-760-100, filed 12/27/90, effective 1/31/91; Order 63, 248-144-150 (codified as WAC 248-148-150), filed 11/1/71.]

Washington State Code Reviser's Office