H-4069

AN ACT Relating to the vision care consumer assistance act; adding a new chapter to Title 18 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. INTENT. The legislature finds that the balance between public protection and overregulation of any health care profession is critical if Washington state is to assure access to care for consumers. The balance is also critical because rising health care costs require that consumers have the choice of any qualified professional working within their scope of practice. The legislature finds that on occasion, boards regulating health care professions lose sight of this balance, and may adopt a rule that unduly restricts competition from another qualified professional under the guise of public protection. This risk is especially high in the optical industry, where the pressure between the competing professions has involved the federal trade commission. The legislature finds that the state has a role in ensuring appropriate access to care for consumers in the optical industry.

NEW SECTION. Sec. 2. DEFINITIONS. (1) "Vision care practitioner" includes any health care professional regulated pursuant to this title who has all or part of vision care as defined in this section within his or her scope of practice and includes professionals regulated by chapter 18.34, 18.53, 18.54, 18.57, or 18.71 RCW.

(2) "Vision care" means the examination of the ocular health and refractive powers of the eye, and the prescription and/or furnishing of ophthalmic goods.

(3) "Ophthalmic goods" mean eyeglasses, or any component of eyeglasses, and contact lenses, and includes measuring, fitting, adjusting, and fabricating.

(4) "Prescription" means the written direction from a vision care practitioner licensed pursuant to chapter 18.53, 18.57, or 18.71 RCW for therapeutic or corrective lenses and consists of the refractive powers. If contact lenses are requested by the patient the prescription must in addition contain a notation that the patient is "ok for contacts" or similar verbiage to indicate that there are no contraindications for contacts.

(5) "Secretary" means the secretary of the department of health.

NEW SECTION. Sec. 3. MAXIMIZING COMPETITION IN THE OPTICAL INDUSTRY. (1) If a consumer chooses to purchase contact lenses from an optician licensed pursuant to chapter 18.34 RCW and the prescription is silent regarding contact lenses, the optician is directed to call the prescribing vision care practitioner for permission to fit contact lenses. The prescribing practitioner must provide that permission unless he or she notes the particular reason why the ocular health of the eye presents a contraindication for contact lenses. A statement including that information shall be sent to the prescriber's patient.

(2) If a consumer chooses to purchase contact lenses from an optician licensed pursuant to chapter 18.34 RCW, the optician shall recommend that the consumer return to the prescriber for a follow-up evaluation, and shall send the contact lens fitting information to the prescriber.

(3) The prescribing vision care practitioner shall furnish to the patient one copy of the patient's prescription immediately after the eye examination is completed; provided that a practitioner may refuse to give the patient a copy of the prescription until the patient has paid for the eye examination, but only if the practitioner would have required immediate payment from that patient had the examination revealed that no ophthalmic goods were required.

(4) No information shall be included in an eyeglass or contact lens prescription in addition to that required in the definition of "prescription" pursuant to section 2(4) of this act unless there is a specific reason related to the ocular health of the eye, and such explanation is noted on the prescription.

(5) The prescribing vision care practitioner shall not condition the availability of an eye examination to any person on a requirement that the patient agree to purchase any ophthalmic goods from the practitioner.

(6) The prescribing vision care practitioner shall not charge the patient any fee in addition to the practitioner's examination fee as a condition to releasing the prescription to the patient or as a condition to verbally authorizing the use of the prescription for contact lenses; provided that the prescribing practitioner may charge an additional fee for verifying ophthalmic goods dispensed by another seller when the additional fee is imposed at the time the verification is performed.

(7) The prescribing vision care practitioner shall not include a prescription expiration date of less than two years, unless warranted by the ocular health of the eye. If a prescription expires in less than two years, an explanatory notation must be made in the patient's record, and a verbal explanation given to the patient at the time of completion of the eye examination.

(8) It is unprofessional conduct under chapter 18.130 RCW for a vision care practitioner to fail to comply with subsections (1) through (7) of this section.

NEW SECTION. Sec. 4. EXPANSION OF SCOPE OF PRACTICE. Nothing herein shall be interpreted as expanding the scope of practice of any vision care practitioner beyond that currently authorized by state law.

NEW SECTION. Sec. 5. RULE MAKING. (1) The secretary shall adopt rules to implement the purposes of this chapter, including the establishment of minimum contact lens equipment standards for dispensing opticians licensed pursuant to chapter 18.34 RCW. The secretary is specifically directed to adopt rules that maximize competition in the delivery of vision care limited only by the existing scope of practice of the impacted professions and by provisions preventing demonstrated and substantial threats to the public's vision health.

(2) The rules adopted by the secretary pursuant to this section shall supersede any rules adopted by any profession regulated pursuant to chapter 18.34, 18.53, 18.54, 18.57, or 18.71 RCW that conflict with the purposes of this chapter. To the extent that, in the secretary's opinion, any rules adopted by these professions conflict with the purposes of this chapter, the secretary shall have the authority to declare them null and void.

NEW SECTION. Sec. 6. SHORT TITLE. This chapter may be cited as the vision care consumer assistance act.

NEW SECTION. Sec. 7. CODIFICATION DIRECTION. Sections 1 through 6 of this act shall constitute a new chapter in Title 18 RCW.

NEW SECTION. Sec. 8. CAPTIONS NOT LAW. Section captions as used in this act constitute no part of the law.

NEW SECTION. Sec. 9. SEVERABILITY. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.