PREPROPOSAL STATEMENT OF INQUIRY
Subject of Possible Rule Making: The department is considering developing new rules to chapter 246-852 WAC, Consumer access to vision care, relating to contact lens prescription verification and prescription release. Additionally, the department may also amend existing rules in WAC 246-852-010, which sets forth duties of practitioners and 246-852-020 relating to the content of a prescription for correct lenses.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 18.195.050.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The Federal Trade Commission Contact Lens Rule implementing the Fairness to Contact Lens Consumers Act took effect on August 2, 2004 (16 C.F.R. 315.1 to 16 C.F.R. 315.11). As a result, the secretary may be required to adopt new rules or amend existing consumer access to vision care rules to comply with the federal regulation including rules relating to contact lens prescription release and prescription verification requirements. Under the federal requirement, sellers of contact lenses must verify contact lens prescriptions with providers. Providers must respond to a request for verification and correct errors in prescriptions. A contact lens prescription must be given to the patient after the prescription is complete.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Federal Trade Commission. The department will coordinate with the commission through notices of rule-making activities including board or committee meetings and comment opportunities (16 C.F.R. 315.1 to 16 C.F.R. 315.11).
Process for Developing New Rule: Collaborative rule making.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Judy Haenke, P.O. Box 47870, Olympia, WA 98504-7870, (360) 236-4947, fax (360) 586-4359, judy.haenke@doh.wa.gov.
M. C. Selecky
Secretary