WSR 10-10-125

PROPOSED RULES

STATE BOARD OF HEALTH


[ Filed May 5, 2010, 10:53 a.m. ]

Original Notice.

Expedited rule making -- Proposed notice was filed as WSR 10-04-069.

Title of Rule and Other Identifying Information: WAC 246-760-100 Auditory and visual standards -- School districts.

Hearing Location(s): Hilton Garden Inn Seattle/North Everett, 8401 Paine Field Boulevard, Mukilteo, WA 98275, on June 9, 2010, at 1:30 p.m.

Date of Intended Adoption: June 9, 2010.

Submit Written Comments to: Teresa Cooper, Washington State Department of Health, P.O. Box 47880, Olympia, WA 98504-7880, web site http://www3.doh.wa.gov/policyreview/, fax (360) 236-3530, by June 3, 2010.

Assistance for Persons with Disabilities: Contact Teresa Cooper by May 31, 2010, TTY (800) 833-6388 or 711.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal updates and corrects the rule regarding visual screening of children in public schools. Ophthalmologists, optometrists and opticians who donate their services, may participate in vision screenings in schools.

Reasons Supporting Proposal: The current rule prohibits ophthalmologists, optometrists and opticians from participating in visual screening of children in schools. ESSB 5889 was passed in 2009, and expressly allows these vision professionals to perform screening in schools. The rule revision is necessary to make the rule consistent with statute.

Statutory Authority for Adoption: RCW 28A.210.020.

Statute Being Implemented: RCW 28A.210.020.

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

Name of Proponent: State board of health, governmental.

Name of Agency Personnel Responsible for Drafting: Teresa Cooper, Department of Health, 111 Israel Road S.E., Tumwater, WA 98501, (360) 236-3530; Implementation and Enforcement: Superintendent of Public Instruction, 600 Washington Street S.E., Olympia, WA 98501, (360) 725-6000.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW 19.85.025 and 34.05.310 (4)(e), a small business economic impact statement is not required for a proposed rule where the content of the rule is explicitly and specifically dictated by statute.

A cost-benefit analysis is not required under RCW 34.05.328. The agency did not complete a cost-benefit analysis under RCW 34.05.328. RCW 34.05.328 (5)(b)(v) exempts rules the content of which is explicitly and specifically dictated by statute.

May 5, 2010

Craig McLaughlin

Executive Director

OTS-2912.1


AMENDATORY SECTION(Amending WSR 02-20-079, filed 9/30/02, effective 10/31/02)

WAC 246-760-100   What are the qualifications for visual screening personnel?   (1) Screening must be performed by persons competent to administer screening procedures as a function of their professional training and background or special training and demonstrated competence under supervision.

(2) Technicians and nonprofessional volunteers must have adequate preparation and thorough understanding of the tests as demonstrated by their performance under supervision.

(3) Supervision, training, reporting and referral shall be the responsibility of a professional person specifically designated by the school administration. He or she may be a school nurse or public health nurse, a special educator, teacher or administrator who possesses basic knowledge of the objectives and methods of visual acuity screening, supervisory experience and ability, demonstrated ability to teach others and demonstrated capacity to work well with people.

(((4) Screening may not be performed by ophthalmologists, optometrists, or opticians or any individuals who may have a conflict of interest.))

[Statutory Authority: RCW 28A.210.200. 02-20-079, 246-760-100, filed 9/30/02, effective 10/31/02. Statutory Authority: RCW 43.20.050. 91-02-051 (Order 124B), recodified as 246-760-100, filed 12/27/90, effective 1/31/91; Order 63, 248-144-150 (codified as WAC 248-148-150), filed 11/1/71.]

Washington State Code Reviser's Office