WSR 18-03-153
PROPOSED RULES
DEPARTMENT OF HEALTH
(Board of Optometry)
[Filed January 23, 2018, 9:11 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-07-101.
Title of Rule and Other Identifying Information: WAC 246-851-505 Temporary practice permitMilitary spouse, eligibility and issuance. The board of optometry (board) proposes adding a new section to provide for temporary permits for military spouses or state-registered domestic partners who hold out-of-state credentials as optometrists while they complete additional requirements not related to training or practice standards.
Hearing Location(s): On March 23, 2018, at 10:00 a.m., at the Washington Department of Health, Kent Regional Office, 20425 72nd Avenue South, Building 2, Suite 310, Room 307, Kent, WA 98032.
Date of Intended Adoption: March 23, 2018.
Submit Written Comments to: Loralei Walker, Board of Optometry, P.O. Box 47852, Olympia, WA 98504-7852, email https://fortress.wa.gov/doh/policyreview, fax 360-236-2901, https://public.govdelivery.com/accounts/WADOH/subscriber/new, by March 9, 2018.
Assistance for Persons with Disabilities: Contact Loralei Walker, phone 360-236-4947, TTY 360-833-6388 or 711, email loralei.walker@doh.wa.gov, by March 9, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule describes the process to issue a temporary practice permit to a military spouse or state-registered domestic partner applicant who moved to Washington state because of the transfer of the military person, and where the applicant must complete specific additional licensing requirements in Washington state. The applicant must be credentialed in another state with substantially equivalent standards and meet other specific criteria.
Reasons Supporting Proposal: RCW 18.340.020 provides that military spouses may receive temporary permits while completing any specific additional requirements in Washington that are not related to a profession's training or practice standards. The proposed rule describes the requirements to obtain the temporary practice permit. The permit allows the person to work in the full scope of the profession for up to one hundred eighty days.
Statutory Authority for Adoption: RCW 18.54.070(2).
Statute Being Implemented: RCW 18.340.020.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Board of optometry, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Loralei Walker, Tumwater, 360-236-4947.
A school district fiscal impact statement is not required under RCW 28A.305.135.
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)(iii) exempts rules that adopt or incorporate by reference without material change federal statutes or regulations, Washington state law, the rules of other Washington state agencies, or national consensus codes that generally establish industry standards.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3) as the rules are adopting or incorporating by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of statewide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule.
January 23, 2018
Dale Heaston, OD, Chair
Board of Optometry
NEW SECTION
WAC 246-851-505 Temporary practice permitMilitary spouse.
A military spouse or state registered domestic partner of a military person may receive a temporary practice permit while completing any specific additional requirements that are not related to training or practice standards for the profession. The board adopts the procedural rules as adopted by the department of health in WAC 246-12-051.