AN ACT Relating to ocularists; amending RCW 18.55.020, 18.55.040, 18.55.050, and 18.55.060; and adding new sections to chapter 18.55 RCW.

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

NEW SECTION. Sec. 1. The legislature finds it necessary to regulate the practice of ocularist to protect the public health, safety, and welfare. The legislature intends that only individuals who meet and maintain minimum standards of competence and conduct may provide service to the public.

Sec. 2. RCW 18.55.020 and 1980 c 101 s 2 are each amended to read as follows:

The terms defined in this section shall have the meaning ascribed to them wherever appearing in this chapter, unless a different meaning is specifically used to such term in such statute.

(1) ((~~"Director" means the director of licensing~~)) "Department" means the department of health.

(2) "Secretary" means the secretary of health.

(3) "Ocularist" means a person ((who designs, fabricates, and fits ocular prosthetic appliances. An ocularist is authorized to perform the necessary procedures to provide an ocular prosthetic service for the patient in the ocularist's office or laboratory on prescription of a physician. The ocularist is authorized to make judgment on the needed care, replacement, and use of an ocular prosthetic appliance. The ocularist is authorized to design, fabricate, and fit human prosthetics in the following categories:

~~(a) Stock and custom prosthetic eyes;~~

~~(b) Stock and custom therapeutic scleral shells;~~

~~(c) Stock and custom therapeutic painted iris shells;~~

~~(d) External orbital and facial prosthetics; and~~

~~(e) Ocular conformers: PROVIDED, That nothing herein shall be construed to allow the fitting or fabricating of contact lenses.~~

(3) "Apprentice" means a person designated an apprentice in the records of the director at the request of a licensed ocularist, and who shall thereafter receive from such licensee training and direct supervision in the work of an ocularist)) licensed under this chapter.

(4) "Advisory committee" means the state ocularist advisory committee.

(5) "Apprentice" means a person designated an apprentice in the records of the secretary to receive from a licensed ocularist training and direct supervision in the work of an ocularist.

(6) "Stock-eye" means an ocular stock prosthesis that has not been originally manufactured or altered by the ocularist or service provider selling or fitting, or both, said prosthesis to a patient or customer. "Altered" means either taking away or adding materials, or colorization, or otherwise changing the prosthesis' appearance, function, or fit in the socket or on the implant of the patient or customer.

(7) "Modified stock-eye" means a stock-eye, as defined in subsection (6) of this section, that has been altered in some manner by the ocularist or service provider selling or fitting, or both, said prosthesis to a patient or customer. "Altered" is as defined in subsection (6) of this section. A modified stock-eye cannot be defined as either a "custom" or "impression-fitted" eye or prosthesis by adding material that incorporates an impression-surface of the patient or customer socket or implant surfaces.

(8) "Custom-eye" means an original, newly manufactured eye or prosthesis that has been specifically crafted by an ocularist or authorized service provider for the patient or customer to whom it is sold or provided. The "custom-eye" may be either an impression-fitted eye (an impression of the socket or implant surfaces) or an empirical/wax pattern-fitted method eye, or a combination of either, as delineated in the ocularist examination.

NEW SECTION. Sec. 3. An ocularist designs, fabricates, and fits ocular prosthetic appliances. An ocularist is authorized to perform the necessary procedures to provide an ocular prosthetic service for the patient in the ocularist's office or laboratory on referral of a physician. A referral is not required for the replacement of an ocular prosthetic appliance. The ocularist is authorized to make judgment on the needed care, replacement, and use of an ocular prosthetic appliance. The ocularist is authorized to design, fabricate, and fit human prosthetics in the following categories:

(1) Stock and custom prosthetic eyes;

(2) Stock and custom therapeutic scleral shells;

(3) Stock and custom therapeutic painted iris shells;

(4) External orbital and facial prosthetics; and

(5) Ocular conformers: PROVIDED, That nothing herein shall be construed to allow the fitting or fabricating of contact lenses.

Sec. 4. RCW 18.55.040 and 1985 c 7 s 53 are each amended to read as follows:

((~~(1)~~)) No applicant ((~~for a license~~)) shall be ((~~registered~~)) licensed under this chapter until the applicant pays an examination fee ((~~as shall be~~)) determined by the ((~~director~~)) secretary, as provided in RCW ((~~43.24.086~~)) 43.70.250, and certifies under oath after furnishing satisfactory documentation, that the applicant:

((~~(a)~~)) (1) Is eighteen years or more of age;

((~~(b)~~)) (2) Has graduated from high school or has received a general equivalency degree;

((~~(c)~~)) (3) Is of good moral character; and

((~~(d) Has either:~~

~~(i)~~)) (4)(a) Had at least ((~~five years~~)) ten thousand hours of apprenticeship training under the direct supervision of a licensed ocularist ((~~in the state of Washington~~)); or

((~~(ii)~~)) (b) Successfully completed a prescribed course in ocularist training programs ((~~in a college, teaching facility, or university approved by the director; or~~

(iii) Been principally engaged in practicing as an ocularist outside the state of Washington for eight years and shall have been employed by a licensed ocularist or physician for one year in the state of Washington)) approved by the secretary; or

(c) Has had at least ten thousand hours of apprenticeship training under the direct supervision of a practicing ocularist, or has the equivalent experience as a practicing ocularist, or any combination of training and supervision, not in the state of Washington; and

((~~(iv)~~)) (5) Successfully passes ((~~with a grade of at least seventy-five percent,~~)) an examination((,)) conducted or approved by the ((~~director, which shall determine whether the applicant has a thorough knowledge of the principles governing the practice of an ocularist~~)) secretary.

(((2) The director shall issue a license without examination to any person who makes application therefor within six months after June 12, 1980, pays a fee as determined by the director, and certifies under oath that the applicant has been actually and principally engaged in the practice of an ocularist in the state of Washington for a period of not less than five years immediately preceding June 12, 1980.

(3) Any person who on June 12, 1980 (a) is employed as apprentice by a person who is principally engaged in the practice of an ocularist, (b) registers with the director prior to one hundred twenty days after June 12, 1980, and (c) furnishes the director a statement, under oath, and certified as correct by the employer, as to the length of time of such employment shall be given credit for such period towards compliance with the requirement for five years' apprenticeship.))

NEW SECTION. Sec. 5. The secretary may approve an examination prepared or administered by a private testing agency or association of licensing authorities. The examination shall determine if the applicant has a thorough knowledge of the principles governing the practice of an ocularist.

Sec. 6. RCW 18.55.050 and 1985 c 7 s 54 are each amended to read as follows:

Every ((~~licensee~~)) individual licensed or registered under this chapter shall pay an annual ((~~renewal~~)) license or registration renewal fee determined by the ((~~director~~)) secretary, as provided by RCW ((~~43.24.086~~)) 43.70.250, on or before the ((~~1st day of July of each year, and thereupon the license of such person shall be renewed for a period of one year~~)) expiration date established by the secretary. An application for renewal shall be on the form provided by the ((~~director~~)) secretary and shall be filed with the department of ((~~licensing~~)) health not less than ten days prior to its expiration. Each application for renewal shall be accompanied by a ((~~license~~)) renewal fee ((~~as shall~~)) in an amount to be determined by the ((~~director~~)) secretary. Any license or registration not renewed as provided in this section shall ((~~render the license~~)) be invalid ((but such licensee shall be reinstated upon written application therefore to the director and payment of a renewal fee to the director as provided in RCW 43.24.086, together with all delinquent annual renewal license fees)).

The secretary may provide by rule the procedures that may allow for the reinstatement of a license or registration upon payment of the renewal fee and a late renewal penalty fee.

Sec. 7. RCW 18.55.060 and 1980 c 101 s 5 are each amended to read as follows:

(1) ((~~No licensee under this chapter may have more than two apprentices in training at one time.~~

~~(2) The licensee shall be responsible for the acts of the apprentices in the performance of their work in the apprenticeship program.~~

~~(3)~~)) A person wishing to work as an apprentice ocularist shall submit to the secretary the registration fee and completed application form signed by the applicant and the licensed ocularist who shall be responsible for the acts of the apprentice in the performance of his or her work in the apprenticeship program.

(2) Apprentices shall complete their ten thousand hours of apprenticeship ((in)) within eight years and shall not work longer as an apprentice unless the ((~~director~~)) secretary determines, after a hearing, that the apprentice was prevented by causes beyond his or her control from completing the apprenticeship and becoming a licensee hereunder in eight years.

(3) No licensee under this chapter may have more than two apprentices in training at one time.

NEW SECTION. Sec. 8. In addition to any other authority provided by law, the secretary may:

(1) Adopt rules in accordance with chapter 34.05 RCW necessary to implement this chapter;

(2) Establish forms necessary to administer this chapter;

(3) Issue a license to any applicant who has met the education, training, and examination requirements for licensure and deny a license to applicants who do not meet the minimum qualifications for licensure. Proceedings concerning the denial of licenses based on unprofessional conduct or impaired practice shall be governed by the uniform disciplinary act, chapter 18.130 RCW;

(4) Employ clerical, administrative, and investigative staff as needed to implement and administer this chapter and hire individuals, including those licensed under this chapter, to serve as examiners or consultants as necessary to implement and administer this chapter;

(5) Maintain the official departmental record of all applicants and licensees;

(6) Determine the minimum education and experience requirements for licensure, including but not limited to approval of educational programs;

(7) Prepare and administer or approve the preparation and administration of examinations for licensure; and

(8) Establish and implement by rule a continuing competency program.

NEW SECTION. Sec. 9. An ocularist or authorized service provider shall explain to patients or customers exactly which type of prosthesis or service they are receiving or purchasing. Failure to do so, or misrepresentation of said services, constitutes unprofessional conduct under this chapter and chapter 18.130 RCW.

NEW SECTION. Sec. 10. There is created a state advisory committee appointed by the secretary who shall advise the secretary concerning the administration of this chapter. One member of the committee shall be a medical doctor, one member shall be a currently licensed ocularist, and one member shall be an employee of the department of health. The term of office is three years. Members of the committee shall be compensated in accordance with RCW 43.03.240 and shall be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.

*Sec. 10 was vetoed, see message at end of chapter.

NEW SECTION. Sec. 11. The secretary, members of the committee, and individuals acting on their behalf are immune from suit in any action, civil or criminal, based on any acts performed in the course of their duties.

*Sec. 11 was vetoed, see message at end of chapter.

NEW SECTION. Sec. 12. An applicant holding a credential in another state may be credentialed to practice in this state without examination if the secretary determines that the other state's credentialing standards are substantially equivalent to the standards in this state.

NEW SECTION. Sec. 13. Sections 1, 3, 5, and 8 through 12 of this act are added to chapter 18.55 RCW.