WSR 06-19-106

PROPOSED RULES

DEPARTMENT OF HEALTH


[ Filed September 20, 2006, 9:51 a.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: WAC 246-851-990 Optometry fees and renewal cycle, this proposal adds a fee for an inactive status for licensed optometrists. SSB 5535 enacted by the 2006 legislature authorized the board of optometry to adopt rules authorizing an inactive license status. This proposal establishes the inactive renewal fee.

Hearing Location(s): Washington State Department of Health, Point Plaza East, 310 Israel Road S.E., Room 153, Tumwater, WA 98501, on October 25, 2006, at 10:00 a.m.

Date of Intended Adoption: October 31, 2006.

Submit Written Comments to: Judy Haenke, Program Manager, P.O. Box 47870, Olympia, WA 98504-7870, (360) 236-4947, web site http://www3.doh.wa.gov/policyreview/, fax (360) 586-4359, by October 20, 2006.

Assistance for Persons with Disabilities: Contact Judy Haenke, Program Manager, by October 17, 2006, TTY (800) 833-6388 or 711.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the rule is to establish a renewal fee for an inactive optometry license. SSB 5535 enacted by the 2006 legislature authorized the board of optometry to adopt rules to implement an inactive license status. Optometrists who do not wish to place their license on a delinquent or expired status, will have the option for an inactive license.

Reasons Supporting Proposal: This proposal adds a fee for an inactive status for licensed optometrists. SSB 5535 enacted by the 2006 legislature authorized the board of optometry to adopt rules authorizing an inactive license status.

Statutory Authority for Adoption: RCW 43.70.250.

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, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Judy Haenke, 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. No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW 19.85.025(3) agencies are not required to prepare a small business economic impact statement if the rule change adjusts fees according to legislative standards per RCW 34.05.310 (4)(f).

A cost-benefit analysis is not required under RCW 34.05.328. A preliminary cost-benefit analysis is not required for rules that adjust fees pursuant to legislative standards according to RCW 34.05.328 (5)(b)(vi).

September 19, 2006

Mary C. Selecky

Secretary

OTS-8974.2


AMENDATORY SECTION(Amending WSR 05-12-012, filed 5/20/05, effective 7/1/05)

WAC 246-851-990   Optometry fees and renewal cycle.   (1) Licenses must be renewed every year on the practitioner's birthday as provided in chapter 246-12 WAC, Part 2. The secretary may require payment of renewal fees less than those established in this section if the current level of fees is likely to result in a surplus of funds. Surplus funds are those in excess of the amount necessary to pay for the costs of administering the program and to maintain a reasonable reserve. Notice of any adjustment in the required payment will be provided to practitioners. The adjustment in the required payment shall remain in place for the duration of a renewal cycle to assure practitioners an equal benefit from the adjustment.

(2) The following nonrefundable fees will be charged:


Title of Fee Fee
Application $125.00
Out-of-state seminar 100.00
License renewal 100.00
Late renewal penalty 50.00
Expired license reissuance 50.00
Inactive license renewal 40.00
Duplicate license 15.00
Certification of license 25.00

[Statutory Authority: RCW 43.70.250, [43.70.]280 and 43.70.110. 05-12-012, 246-851-990, filed 5/20/05, effective 7/1/05. Statutory Authority: RCW 43.70.250. 99-08-101, 246-851-990, filed 4/6/99, effective 7/1/99. Statutory Authority: RCW 43.70.280. 98-05-060, 246-851-990, filed 2/13/98, effective 3/16/98. Statutory Authority: RCW 43.70.250. 96-20-088, 246-851-990, filed 10/1/96, effective 11/1/96; 95-14-111, 246-851-990, filed 6/30/95, effective 7/31/95; 92-23-006 (Order 311), 246-851-990, filed 11/5/92, effective 12/6/92; 92-06-029 (Order 246), 246-851-990, filed 2/26/92, effective 3/28/92. Statutory Authority: RCW 43.70.250. 91-13-002 (Order 173), 246-851-990, filed 6/6/91, effective 7/7/91. Statutory Authority: RCW 43.70.040. 91-06-028 (Order 137), recodified as 246-851-990, filed 2/26/91, effective 3/29/91. Statutory Authority: RCW 43.24.086. 87-10-028 (Order PM 650), 308-53-020, filed 5/1/87. Statutory Authority: 1983 c 168 12. 83-17-031 (Order PL 442), 308-53-020, filed 8/10/83. Formerly WAC 308-53-310.]

Washington State Code Reviser's Office