H-0387.3  _______________________________________________

                          HOUSE BILL 2254

          _______________________________________________

State of Washington      55th Legislature     1997 Regular Session

By Representatives Skinner and Cody

Read first time 03/13/97.  Referred to Committee on Health Care.

Allowing dispensing opticians to perform eye refractions.

    AN ACT Relating to authorizing dispensing opticians to perform eye refraction and modify existing prescriptions to reflect changes in vision; amending RCW 18.34.020, 18.34.060, 18.34.050, 18.34.080, 18.34.120, 18.34.136, and 18.34.010; adding new sections to chapter 18.34 RCW; recodifying RCW 18.34.010 and 18.34.060; and repealing RCW 18.34.110.

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

    Sec. 1.  RCW 18.34.020 and 1995 c 178 s 1 are each amended to read as follows:

    The term "secretary" wherever used in this chapter ((shall)) means the secretary of health of the state of Washington.  The term "apprentice" wherever used in this chapter ((shall)) means a person who ((shall be)) is designated an apprentice in the records of the secretary at the request of a physician, registered optometrist, or licensee hereunder, who shall thereafter be the primary supervisor of the apprentice.  The apprentice may thereafter receive from a physician, registered optometrist, or licensee hereunder training and direct supervision in the work of a dispensing optician.  The term "refracting" whenever used in this chapter means the measurement of the powers or range of a person's vision by the use of a series of lenses and their rotation to determine the degree of correction needed to compensate for hyperopia, myopia, presbyopia, astigmatism, or any combination of these.  "Prescription" means the written directive from an ophthalmologist or optometrist for corrective lenses and consists of the refractive powers.  If the patient wishes to purchase contact lenses, the prescription must contain a notation that the patient is "o.k. for contact" or similar language confirming there are no contraindications for contacts.  "Prescription modification" whenever used in this chapter means the ability of a certified refracting optician to alter a prescription within plus or minus 2.00 diopters and to give the patient a copy of the changes to take with him or her to a provider of choice.

    Sec. 2.  RCW 18.34.060 and 1957 c 43 s 6 are each amended to read as follows:

    A dispensing optician is a person who prepares duplications of, or prepares and dispenses lenses, spectacles, eyeglasses and/or appurtenances thereto to the intended wearers thereof on written prescriptions from physicians or optometrists, and in accordance with ((such)) the prescriptions, measures, adapts, adjusts and fabricates ((such)) the lenses, spectacles, eyeglasses and/or appurtenances thereto to the human face for the aid or correction of visual or ocular anomalies of the human eye((:  PROVIDED, HOWEVER, That)).  However, contact lenses may be fitted only upon a written prescription of a physician or optometrist.  A refracting optician is a licensed dispensing optician in the state who has been certified to practice refraction and who has been authorized by the secretary to modify prescriptions.

    Sec. 3.  RCW 18.34.050 and 1984 c 287 s 32 are each amended to read as follows:

The dispensing optician examining committee shall meet at such times as deemed necessary by the secretary to prepare and administer the state's licensing examinations and to provide technical expertise, advise, and make recommendations to the secretary on the administration of the dispensing optician statute and disciplinary matters of licensees.  The examining committee ((shall)) consists of ((three)) four persons.  Three persons must be primarily engaged in the business of dispensing opticians and ((who currently)) hold a ((valid)) current license under this chapter.  One member must be a member of the general public.  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.

NEW SECTION. Sec. 4.  A new section is added to chapter 18.34 RCW to read as follows:

    An applicant for certification as a refracting optician must first be licensed as a dispensing optician by the state and meet the following educational requirements approved by the secretary:

    (1) Completion of eighty hours of coursework including, but not limited to, the following topics:  Theory of refraction, anatomy, pathology, and knowledge of equipment operation;

    (2) Completion of a twenty-hour practicum.  The twenty hours are under the direct supervision of a licensed optometrist or a licensed ophthalmologist;

    (3) Continuing education requirements as determined by the secretary.

    The secretary shall adopt by rule the examination requirements to certify refracting opticians.  An applicant for certification as a refracting optician may take the examination if he or she pays an examination fee, determined by the secretary, as provided in RCW 43.70.250.

    Sec. 5.  RCW 18.34.080 and 1995 c 198 s 3 are each amended to read as follows:

(1) The examination to license a dispensing optician shall determine whether the applicant has a thorough knowledge of the principles governing the practice of a dispensing optician which is hereby declared necessary for the protection of the public health.  The examining committee may approve an examination prepared or administered by a private testing agency or association of licensing authorities.  The secretary shall license successful examinees and the license shall be conspicuously displayed in the place of business of the licensee.

(2) The examination to certify a refracting optician shall determine whether the applicant has a thorough knowledge of the principles governing the practice of refraction.  The examining committee may approve an examination prepared or administered by a private testing agency or association.  The secretary shall certify successful examinees and the certification shall be conspicuously displayed in the place of business of the certified licensee.

    Sec. 6.  RCW 18.34.120 and 1996 c 191 s 18 are each amended to read as follows:

    Each licensee ((hereunder)) or certificate holder under this chapter shall pay a renewal registration fee determined by the secretary as provided in RCW 43.70.250 and 43.70.280.  The secretary may adopt rules establishing mandatory continuing education requirements to be met by persons applying for license or certificate renewal.

    Sec. 7.  RCW 18.34.136 and 1987 c 150 s 19 are each amended to read as follows:

    The uniform disciplinary act, chapter 18.130 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter.  No person may practice or represent himself or herself as a refracting optician without first having a valid certificate to do so.

    Sec. 8.  RCW 18.34.010 and 1957 c 43 s 1 are each amended to read as follows:

    Nothing in this chapter shall:

    (1) Be construed to limit or restrict a duly licensed physician or optometrist or employees working under the personal supervision of a duly licensed physician or optometrist from the practices enumerated in this chapter, and each such licensed physician and optometrist shall have all the rights and privileges which may accrue under this chapter to dispensing opticians licensed hereunder;

    (2) Be construed to prohibit an unlicensed person from performing mechanical work upon inert matter in an optical office, laboratory, or shop;

    (3) Be construed to prohibit an unlicensed person from engaging in the sale of spectacles, eyeglasses, magnifying glasses, goggles, sunglasses, telescopes, binoculars, or any such articles which are completely preassembled and sold only as merchandise;

    (4) Be construed to authorize or permit a licensee ((hereunder)) under this chapter to hold himself or herself out as being able to, or to offer to, or to undertake to attempt, by any manner of means, to ((examine or)) exercise eyes, diagnose, treat, ((correct,)) relieve, operate, or prescribe for any human ailment, ((deficiency,)) deformity, disease, or injury.

If a certified refracting optician is unable to select lenses that provide at a minimum 20/40 vision in either eye to the consumer, he or she shall refer the consumer to a licensed optometrist or ophthalmologist.  If a certified refracting optician is unable to select lenses that provide less than a two line difference of acuity between the two eyes of a child under age ten, he or she shall refer the child to a licensed optometrist or ophthalmologist.  If a certified refracting optician is observing change of more than plus or minus 2.00 diopter of power in either eye, he or she shall refer the consumer to a licensed optometrist or ophthalmologist.  A certified refracting optician may only modify a prescription for a consumer that has had an eye health exam within two years for contact lenses and within four years for glasses.

NEW SECTION. Sec. 9.  RCW 18.34.110 and 1991 c 3 s 78 & 1957 c 43 s 11 are each repealed.

NEW SECTION. Sec. 10.  RCW 18.34.010, to be codified between RCW 18.34.141 and 18.34.900, and RCW 18.34.060, to be codified between RCW 18.34.020 and 18.34.030, are each recodified.

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