WSR 17-17-082
[Filed August 16, 2017, 2:58 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 13-24-104.
Title of Rule and Other Identifying Information: Chapter 246-849 WAC, Ocularists, the department of health is proposing updates to the chapter and establishing new requirements for tracking apprenticeship hours and setting passing score for examination.
Hearing Location(s): On October 4, 2017, at 1:00 p.m., at the Department of Health, 111 Israel Road S.E., Town Center 2, Room 158, Tumwater, WA 98501-5570.
Date of Intended Adoption: October 11, 2017.
Submit Written Comments to: Tommy Simpson III, Washington State Department of Health, P.O. Box 47850, Olympia, WA 98504-7850, email, fax 360-236-2901, by October 4, 2017.
Assistance for Persons with Disabilities: Contact Tommy Simpson III, phone 360-236-4910, fax 360-236-2901, TTY 360-833-6388 or 711, email, by September 27, 2017.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rules update definitions, clarify license application requirements, and repeal mandatory reporting sections that duplicate applicable rules in chapter 246-16 WAC. The rules also establish a passing score for the ocularist examination and set standards for tracking apprenticeship hours.
Reasons Supporting Proposal: The proposal follows a comprehensive review of the chapter under RCW 43.70.41 [43.70.041] in coordination with stakeholders. The proposed rules set clearer standards for ocularist apprentices and licensees.
Statutory Authority for Adoption: RCW 18.55.095.
Statute Being Implemented: Chapter 18.55 RCW.
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: Tommy Simpson III, 111 Israel Road S.E., Tumwater, WA 98501-5570, 360-236-4910; Implementation: Kathy Schmitt, 111 Israel Road S.E., Tumwater, WA 98501-5570, 360-236-2985; and Enforcement: Lisa Hodgson, 111 Israel Road S.E., Tumwater, WA 98501-5570, 360-236-2927.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Tommy Simpson III, P.O. Box 47850, phone 360-236-4910, fax 360-236-2910, TTY 360-833-6388 or 711, email
The proposed rule does impose more-than-minor costs on businesses. The proposed rule does not impact businesses in the industry.
August 14, 2017
John Wiesman, DrPH, MPH
AMENDATORY SECTION (Amending WSR 92-02-018, filed 12/23/91, effective 1/23/92)
WAC 246-849-020 ((General provisions.)) Definitions.
(((1) "Unprofessional conduct" as used in this chapter shall mean the conduct described in RCW 18.130.180.
(2) "Hospital" means any health care institution licensed pursuant to chapter 70.41 RCW.
(3) "Nursing home" means any health care institution which comes under chapter 18.51 RCW.
(4))) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Department" means the Washington state department of health((, whose address is:
Department of Health
Professional Licensing Division
1300 S.E. Quince St., P.O. Box 47869
Olympia, Washington
(2) "Direct supervision" means that the supervising ocularist inspects all of the apprentice's work and is physically present on the premises where the apprentice is working at all times.
(3) "Ocularist" means a person licensed under chapter 18.55 RCW.
(((6) "Mentally or physically disabled ocularist" means an ocularist who is currently mentally incompetent or mentally ill as determined by a court, or who is unable to practice ocular prosthetic services with reasonable skill and safety to patients by reason of any mental or physical condition and who continues to practice while so impaired.)) (4) "Primary supervisor" means an ocularist licensed under chapter 18.55 RCW who is:
(a) Responsible for the acts of the apprentice; and
(b) Provides the majority of the training and direct supervision received by the apprentice.
AMENDATORY SECTION (Amending WSR 91-02-049, filed 12/27/90, effective 1/31/91)
WAC 246-849-030 Mandatory reporting.
(((1) All reports required by this chapter shall be submitted to the department as soon as possible, but no later than twenty days after a determination is made.
(2) A report should contain the following information if known:
(a) The name, address, and telephone number of the person making the report.
(b) The name and address and telephone numbers of the ocularist being reported.
(c) The case number of any client whose treatment is a subject of the report.
(d) A brief description or summary of the facts which gave rise to the issuance of the report, including dates of occurrences.
(e) If court action is involved, the name of the court in which the action is filed along with the date of filing and docket number.
(f) Any further information which would aid in the evaluation of the report.
(3) Mandatory reports shall be exempt from public inspection and copying to the extent permitted under RCW 42.17.310 or to the extent that public inspection or copying of the report or any portion of the report would invade or violate a person's right to privacy as set forth in RCW 42.17.255.
(4) A person is immune from civil liability, whether direct or derivative, for providing information to the department pursuant to RCW 18.130.070.)) An ocularist is a mandatory reporter under RCW 18.130 070. Mandatory reporting requirements are in WAC 246-16-200 through 246-16-270.
AMENDATORY SECTION (Amending WSR 98-05-060, filed 2/13/98, effective 3/16/98)
WAC 246-849-210 ((Registration of)) Ocularist apprentices.
A person seeking an initial ocularist license must complete a ten thousand hour ocularist apprenticeship to sit for the ocularist examination. An apprentice must register with the department before starting ocularist training. Training hours completed prior to registration will not count toward the required ten thousand hours necessary to sit for the examination. The maximum number of hours an apprentice can accumulate per year is two thousand hours.
(1) To apply for registration an applicant ((for apprenticeship may request registration as an apprentice by submitting)) must submit to the department:
(a) An application on a form provided by the secretary;
(b) ((A)) The registration fee ((as)) specified in WAC 246-849-990.
(2) ((Training received)) Separate registration forms are required if the apprentice receives training from more than one supervisor ((shall require separate applications)).
(3) ((Only the apprenticeship training received subsequent to the date that the apprentice was formally registered with the secretary will be considered towards the required ten thousand hours necessary to sit for the examination.)) The primary supervisor and registered apprentice shall maintain a record of all apprenticeship hours. This record shall be verified by initial of both the primary supervisor and apprentice and shall be available upon request by the secretary, or the secretary's designee.
(4) A registered apprentice ((shall)) must notify the department in writing ((whenever)) if the apprenticeship training is terminated, unless ((such)) the termination is ((concluded by reason of the)) due to apprentice ((becoming licensed as an ocularist in this state)) licensure.
(5) ((In order to facilitate comments on the apprentice's performance, the apprentice registration card along with the name, business address, and business telephone number of the apprentice's supervisor shall be posted in public view on the premises where the apprentice works.)) The apprentice registration along with the name, business address, and business telephone number of the apprentice's primary supervisor shall be posted in public view on the premises where the apprentice works.
(6) Once registered, the apprentice may receive training and accumulate training hours under the direct supervision of a licensed ocularist.
AMENDATORY SECTION (Amending WSR 98-05-060, filed 2/13/98, effective 3/16/98)
WAC 246-849-220 Application for examination.
(((1) An individual shall make application for examination, in accordance with RCW 18.55.040, on an application form prepared by and provided by the secretary.
(2) The apprenticeship training requirement shall be supported with certification by the licensed individual (or individuals) who provided such training.
(3) If an applicant is unable to attend his or her scheduled examination, and so notifies the department in writing at least seven days prior to the scheduled examination date, the applicant will be rescheduled at no additional charge. A written request received less than seven days before the test shall be reviewed by the department to determine if the test may be rescheduled or the fee forfeited.
(4) If an applicant takes the examination and fails to obtain a satisfactory grade, he or she may be scheduled to retake the examination by submitting an application and paying the statutory examination fee.
(5) Applications and fees for examination and all documents required in support of the application must be submitted to the division of professional licensing, department of health, at least sixty days prior to the scheduled examination. Failure to meet the deadline will result in the applicant not being scheduled until the next scheduled examination.
(6) Apprenticeship training shall be completed prior to the application deadline.)) (1) A completed examination application, examination fee, and proof of completion of apprenticeship hours must be submitted to the department at least sixty days prior to the scheduled examination.
(2) Applicants must notify the department in writing seven days prior to the examination date to be rescheduled for the examination. The department will review written requests less than seven days before the examination to determine if the test will be rescheduled or if the fee will be forfeited.
(3) Every qualified applicant shall pass an examination with a score of at least seventy percent.
(4) Applicants who fail may sit for the examination if he or she submits an additional application and examination fee.
WAC 246-849-225 Initial application requirements for licensure as an ocularist.
An applicant for an initial ocularist license shall submit the following to the department:
(1) A completed licensure application on forms provided by the department;
(2) Licensing fees required in WAC 246-849-990;
(3) Proof of high school graduation, or its equivalent;
(4) Proof of age eighteen or older;
(5) Successful completion of passing the ocularist examination.
AMENDATORY SECTION (Amending WSR 93-10-008, filed 4/22/93, effective 5/23/93)
WAC 246-849-230 Temporary practice permits((Scope and purpose)).
((The temporary practice permit is established to enable safe, qualified, and trained ocularists who are currently licensed in another state as defined in WAC 246-849-250 to work in the state of Washington prior to completing the licensing examination in this state. All licensing requirements established for the purpose of obtaining an ocularist license will need to be completed as part of the application for a temporary practice permit.)) An ocularist may obtain a temporary practice permit. Refer to the requirements of WAC 246-12-050.
AMENDATORY SECTION (Amending WSR 93-10-008, filed 4/22/93, effective 5/23/93)
WAC 246-849-270 Service disclosure.
The ocularist shall provide a written explanation of services to customers or patients. This explanation shall include at a minimum the type of prosthesis or service ((they are)) the customer or patient is receiving or purchasing. This explanation shall be signed by the customer or patient and maintained in the customer or patient records for a minimum of three years. This documentation shall be available and furnished to the department upon request.
The following sections of the Washington Administrative Code are repealed:
WAC 246-849-040
Health care institutions.
WAC 246-849-050
Ocularist associations or societies.
WAC 246-849-060
Health care service contractors and disability insurance carriers.
WAC 246-849-070
Professional liability carriers.
WAC 246-849-080
WAC 246-849-090
State and federal agencies.
WAC 246-849-100
Cooperation with investigation.
WAC 246-849-200
Apprenticeship training—Definitions.
WAC 246-849-240
WAC 246-849-250
Issuance and duration of temporary practice permits.