WSR 14-20-026 EXPEDITED RULES DEPARTMENT OF HEALTH (Board of Optometry) [Filed September 22, 2014, 1:29 p.m.]
Title of Rule and Other Identifying Information: WAC 246-851-420 Optometrist with prescriptive authorization, removing the requirement for a "TX" after the license number on therapeutic prescriptions.
NOTICE
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Judy Haenke, Program Manager, Department of Health, Board of Optometry, P.O. Box 47852, Olympia, WA 98504-7852, AND RECEIVED BY December 1, 2014.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Remove the requirement in WAC 246-851-420 for optometrists to include the letters "TX" following his or her license number on a prescription for legend drugs for therapeutic purposes.
Reasons Supporting Proposal: As originally adopted, the purpose of this rule was to identify optometrists who had completed educational requirements and been certified by the board of optometry to prescribe legend drugs for therapeutic purposes. Statutory changes in 2006 required that all licensed optometrists be certified to prescribe legend drugs for therapeutic purposes making it no longer necessary to include the letters "TX."
Statutory Authority for Adoption: RCW 18.54.070(2).
Statute Being Implemented: SB [ESSB] 5535 (Laws of 2006).
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of health, board of optometry, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Judy Haenke, Program Manager, 111 Israel Road S.E., Tumwater, WA 98501, (360) 236-4947.
August 6, 2014
Kathy Schmitt
Deputy Director
AMENDATORY SECTION (Amending WSR 91-06-025, filed 2/26/91, effective 3/29/91)
WAC 246-851-420 Optometrist with prescriptive authorization.
(((1) Each prescription issued by an optometrist, who is certified by the board to prescribe legend drugs for therapeutic purposes, shall include on the prescription his/her license number and the letters "TX." These letters shall represent the authority which has been granted to the practitioner by the board and will serve to assure pharmacists that the prescription has been issued by an authorized practitioner. When the prescription is orally transmitted to a pharmacist, this information shall be included or shall be on file at the pharmacy.
(2))) Any optometrist who ((issues a prescription without having: (a) Received appropriate certification from the board, or (b) fails to include the identifying information on the prescription, or (c))) prescribes outside their scope of practice or ((for other than therapeutic or diagnostic purposes, or (d))) violates any state or federal law or regulations applicable to prescriptions, may be found to have committed an act of unprofessional conduct and may be disciplined in accordance with the provisions of chapter 18.130 RCW.
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