WSR 17-18-088
[Filed September 5, 2017, 5:26 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-11-022.
Title of Rule and Other Identifying Information: New WAC 246-824-035 and 246-824-045; amending WAC 246-824-040 and 246-824-071; and repealing WAC 246-824-060, 246-824-065, and 246-824-070. The department of health is proposing to create, amend, and repeal sections of rule related to the dispensing optician examination and licensure.
Hearing Location(s): On October 10, 2017, at 1:00 p.m., at the Department of Health, Point Plaza East, Room 153, 310 Israel Road S.E., Tumwater, WA 98501.
Date of Intended Adoption: October 17, 2017.
Submit Written Comments to: Debra Mendoza, Department of Health, Dispensing Optician Program, P.O. Box 47852, Olympia, WA 98504-7852, email, fax 360-236-2901, other 360-236-4841, by October 10, 2017.
Assistance for Persons with Disabilities: Contact Debra Mendoza, phone 360-236-4841, fax 360-236-2901, TTY 360-833-6388 or 711, email, by October 3, 2017.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rules designate the American Board of Opticianry and National Contact Lens Examiners (ABO-NCLE) as the examination requirement for dispensing optician licensure and repealing WAC 246-824-065, the requirement that the examining committee must administer the state licensing examination. The rules also clarify licensure requirements by amending WAC 246-824-040 to add licensure eligibility and adding WAC 246-824-045 to establish application requirements. The proposed rules also remove the requirement of the jurisprudence exam for out-of-state applicants and repeal sections related to the state administered exam. Finally, the proposed rules update the sections to be current and consistent with other secretary profession rules.
Reasons Supporting Proposal: RCW 18.34.080 requires the exam to determine whether an applicant has a thorough knowledge of the principles governing the practice of a dispensing optician and authorizes the examining committee to approve an exam prepared or administered by a private testing agency or association of licensing authorities. The proposed rules implement the statute's objectives by setting an effective examination to measure applicants' knowledge, skills, abilities, and competence by adopting the ABO-NCLE national examinations as Washington state's requirement for licensure. The proposed rules are necessary to set the examination and application requirements in rule. The updates are also needed to remove restrictive requirements for out-of-state applicants and to make the rules current and understandable for applicants and licensees.
Statutory Authority for Adoption: RCW 43.70.040.
Statute Being Implemented: RCW 18.34.080.
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, Implementation, and Enforcement: Debra Mendoza, 111 Israel Road, Tumwater, WA 98501, 360-236-4841.
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 Debra Mendoza, Dispensing Optician Program, P.O. Box 47852, Olympia, WA 98504-7852, phone 360-236-4841, fax 360-236-2901, TTY 360-833-6388 or 711, email
The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. The proposed rule does not impose costs on businesses. The proposed rules amend licensing requirements for individual practitioners.
August 30, 2017
John Wiesman, DrPH, MPH
WAC 246-824-035 Examination.
The examining committee approves the examinations from the American Board of Opticianry and National Contact Lens Examiners (ABO-NCLE) for dispensing optician licensure.
AMENDATORY SECTION (Amending WSR 98-05-060, filed 2/13/98, effective 3/16/98)
WAC 246-824-040 ((Application for examination.)) Licensure eligibility.
(((1) An individual shall make application for examination, in accordance with RCW 18.34.070, on an application form prepared 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 secretary in writing at least 7 days prior to the scheduled examination date, the applicant will be rescheduled at no additional charge. Otherwise, the fee will be forfeited. (Emergencies considered.)
(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.)) To be eligible for licensure, applicants must:
(1) Be eighteen years or more of age; and
(2) Graduate from an accredited high school or receive a general equivalency degree; and
(3) Complete one of the following:
(a) At least six thousand hours of certified apprenticeship training that must be completed in no less than three years as required under chapter 18.34 RCW; or
(b) An accredited opticianry course as described in WAC 246-824-050; or
(c) Practice as a dispensing optician in a state other than Washington for at least five years except as provided in WAC 246-824-071.
(4) Successfully pass one of the following examinations:
(a) The state examination offered on or before August 31, 2017;
(b) On or after June 1, 2015, the basic competency examination, basic contact lens examination, and the practical examinations from ABO-NCLE. This requirement can also be met by successfully passing the ABO-NCLE advanced competency examination, advanced contact lens examination, and the practical examinations on or after June 1, 2015.
WAC 246-824-045 License application.
An applicant for a dispensing optician license must submit the following:
(1) A completed application on forms provided by the department;
(2) Proof of eligibility under WAC 246-824-040;
(3) Verification of passing the examination under WAC 246-824-040(4);
(4) Proof of completing four clock hours of AIDS education and training as required by chapter 246-12 WAC, Part 8; and
(5) Fees required under WAC 246-824-990.
AMENDATORY SECTION (Amending WSR 02-18-025, filed 8/23/02, effective 9/23/02)
WAC 246-824-071 ((Licensure by endorsement.)) Applicants currently licensed in other states.
(((1) A license)) Before licensure to any individual currently licensed to practice as a dispensing optician ((may be issued without examination to an individual who is currently licensed in another state that has licensing standards substantially equivalent to those currently applicable in Washington state.
(2) The department will issue a license by endorsement upon receipt of:
(a) A completed application and application fee;
(b) The applicant will provide documentation from the state in which the applicant is currently licensed sufficient to establish that the state's licensing standards are substantially equivalent to the licensing standards currently applicable in Washington state;
(c) A completed open-book state law questionnaire;
(d) Documentation of)) in another state, as provided in chapter 18.34 RCW, applicants must provide evidence of:
(1) Verification of credential from any state and the state's substantially equivalent licensing standards;
(2) Completion of four clock hours of AIDS education as required in chapter 246-12 WAC, Part 8;
(((e))) (3) Verification from all states in which the applicant has ever held a license, whether active or inactive, indicating that the applicant is not subject to charges or disciplinary action for unprofessional conduct or impairment.
(((3) If licensure by endorsement is not granted, and the applicant is otherwise qualified for the licensing examination, he or she may apply for licensure by examination in accordance with RCW 18.34.070 and WAC 246-824-040.
(4) Endorsement application fees may be applied towards the examination fee if licensure by endorsement is not granted.))
The following sections of the Washington Administrative Code are repealed:
WAC 246-824-060
Dispensing optician examination.
WAC 246-824-065
Duties and responsibilities of the dispensing optician examining committee.
WAC 246-824-070
Informal review of examination results.