WSR 08-21-156

PROPOSED RULES

DEPARTMENT OF HEALTH


[ Filed October 21, 2008, 6:25 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 08-03-064.

Title of Rule and Other Identifying Information: WAC 246-824-075 Continuing education requirements for dispensing opticians, amending the list of approved organization.

Hearing Location(s): Department of Health, 310 Israel Road S.E., Conference Room 153, Tumwater, WA 98501, on December 22, 2008, at 9:00 a.m.

Date of Intended Adoption: December 22, 2008.

Submit Written Comments to: Judy Haenke, P.O. Box 47870, Olympia, WA 98504-7870, web site http://www3.doh.wa.gov/policyreview/, fax 586-4359, by December 22, 2008.

Assistance for Persons with Disabilities: Contact Judy Haenke by December 15, 2008, TTY (800) 833-6388 or 711.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule is in response to a petition submitted by the Opticians Association of Washington requesting WAC 246-824-075 be amended to add the Joint Commission of Allied Health Personnel in Ophthalmology and the Council on Optometric Practitioner Education to the list of organizations presumed to qualify as providers of continuing education courses. The proposed amendment also deletes an organization that no longer exists. The proposal does not change the existing requirements.

Reasons Supporting Proposal: The proposed amendment will inform dispensing opticians that courses offered by these organizations are approved continuing education activities for Washington licensed opticians. Both programs meet established criteria which include educational activities designed to review existing concepts and techniques and convey information and knowledge about advances in the field of opticianry. Adding these organizations to the current list would eliminate approval of each individual course offered by these providers. An organization is deleted because it no longer exists.

Statutory Authority for Adoption: RCW 18.34.120.

Statute Being Implemented: RCW 18.34.120.

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

Name of Proponent: Department of health, Opticians Association of Washington, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Judy Haenke, 310 Israel Road S.E., Tumwater, WA 98501, (360) 236-4828.

No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement was not prepared. The proposed rule would not impose more than minor costs on businesses in an industry.

A cost-benefit analysis is not required under RCW 34.05.328. The rule does not set or alter a standard to obtain or keep a license. Does not create or significantly amend a policy or regulatory program. A preliminary cost-benefit analysis may be obtained by contacting Judy Haenke, P.O. Box 47870, Olympia, WA 98504-7870, phone (360) 236-4828, fax (360) 586-4359, e-mail judy.haenke@doh.wa.gov.

October 21, 2008

B. White

for Mary C. Selecky

Secretary

OTS-1863.3


AMENDATORY SECTION(Amending WSR 98-05-060, filed 2/13/98, effective 3/16/98)

WAC 246-824-075   Continuing education requirements for dispensing opticians.   Purpose and scope. The purpose of these requirements is to ensure the continued high quality of services provided by the licensed dispensing optician. Continuing education consists of educational activities designed to review existing concepts and techniques and conveys information and knowledge about advances in the field of opticianry, so as to keep the licensed dispensing opticians abreast of current and forecasted developments in a rapidly changing field.

(1) Basic requirements. Licensed dispensing opticians must complete thirty hours of continuing education every three years as required in chapter 246-12 WAC, Part 7.

(2) Fifteen of the credit hours must relate to contact lenses.

(3) Qualification of program for continuing education credit. Courses offered by the organizations and methods listed in this section will be presumed to qualify as continuing education courses. The secretary reserves the authority to refuse to accept credits in any course if the secretary determines that the course did not provide information sufficient in amount or relevancy to opticianry. Qualifying organizations and methods for the purposes of this section shall include in-class training, correspondence courses, video and/or audio tapes offered by any of the following:

(a) American Board of Opticianry;

(b) National Academy of Opticianry;

(c) Optical Laboratories Association;

(d) National Contact Lens Examiners;

(e) ((Pacific coast contact lens society;

(f))) Contact Lens Society of America;

(((g))) (f) Opticians Association of Washington;

(((h))) (g) Joint Commission of Allied Health

Personnel in Ophthalmology;

(h) Council on Optometric Practitioner Education;

(i) Opticianry colleges or universities approved by the secretary;

(((i))) (j) Speakers sponsored by any of the above organizations;

(((j))) (k) Any state or national opticianry association; and

(((k))) (l) Additional qualifying organizations or associations as approved by the secretary.

[Statutory Authority: RCW 43.70.280. 98-05-060, 246-824-075, filed 2/13/98, effective 3/16/98. Statutory Authority: RCW 43.17.060 and 18.130.070. 91-09-024 (Order 155), 246-824-075, filed 4/10/91, effective 5/11/91.]

Washington State Code Reviser's Office