Effective Date of Rule: Thirty-one days after filing.

     Purpose: WAC 246-851-495, the rule provides for a temporary practice permit to be issued to an otherwise qualified applicant for a license to practice optometry if a fingerprint-based national background check must be conducted. 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.

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

      Adopted under notice filed as WSR 10-01-186 on December 22, 2009.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 0, Repealed 0.

     Date Adopted: February 23, 2010.

Michael D. VanBrocklin, OD

Chair, Board of Optometry

OTS-2675.5

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 to practice optometry in another state 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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