WSR 10-01-186

EXPEDITED RULES

DEPARTMENT OF HEALTH


(Board of Optometry)

[ Filed December 22, 2009, 2:50 p.m. ]

Title of Rule and Other Identifying Information: WAC 246-851-495 How to obtain an optometry temporary practice permit while the national background check is completed.

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 Judy Haenke, Department of Health, P.O. Box 47852, Olympia, WA 98504-7852 , AND RECEIVED BY February 22, 2010.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To issue temporary practice permits to applicants for a license to practice optometry while a fingerprint-based national background check is completed. The rule will improve access to care by avoiding delays in licensing for qualified applicants who would otherwise be prohibited from providing optometric services while awaiting national background checks.

Reasons Supporting Proposal: The process to complete the national background check is lengthy and has caused delays in licensing that affect the public's access to health care. RCW 18.130.064 authorizes a temporary permit to qualified applicants who must have a background check conducted.

Statutory Authority for Adoption: RCW 18.130.064, 18.130.075, 18.54.070.

Statute Being Implemented: RCW 18.130.064, 18.130.075.

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 47852, Olympia, WA 98504-7852, (360) 236-4947.

December 4, 2009

Laura Toepfer, O.D., Chair

Board of Optometry

OTS-2675.4


NEW SECTION
WAC 246-851-495   How to obtain a temporary practice permit while the national background check is completed.   Fingerprint-based national background checks may cause a delay in licensing. Individuals who satisfy all other licensing requirements and qualifications may receive a temporary practice permit while the national background check is completed.

(1) A temporary practice permit may be issued to an applicant who:

(a) Holds an unrestricted, active license in another state to practice optometry that has substantially equivalent licensing standards to those in Washington state;

(b) Is not subject to denial of a license or issuance of a conditional or restricted license; and

(c) Does not have a criminal record in Washington state.

(2) A temporary practice permit grants the individual the full scope of the practice of optometry.

(3) A temporary practice permit will not be renewed, reissued, or extended. A temporary practice permit expires when any one of the following occurs:

(a) The license is granted;

(b) A notice of decision on application is mailed to the applicant, unless the notice of decision on the application specifically extends the duration of the temporary practice permit; or

(c) One hundred eighty days after the temporary practice permit is issued.

(4) To receive a temporary practice permit, the applicant must:

(a) Submit the necessary application, fee(s), and documentation for the optometry license.

(b) Meet all requirements and qualifications for the license, except the results from a fingerprint-based national background check, if required.

(c) Provide verification of having an active unrestricted license to practice optometry from another state that has substantially equivalent licensing standards to Washington state.

(d) Submit the fingerprint card and a written request for a temporary practice permit when the department notifies the applicant the national background check is required.

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Washington State Code Reviser's Office