BILL REQ. #:  H-4572.1 

Read first time 02/02/2004.   Referred to Committee on Health Care.

     AN ACT Relating to ocularists; amending RCW 18.55.085; and adding new sections to chapter 18.55 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 18.55 RCW to read as follows:
     (1) All work performed by an ocularist and an apprentice ocularist must be performed on the premises of the operating business, or a branch office.
     (2) The supervising ocularist must be present with the patient when any work is performed upon an existing custom impression-fitted plastic eye that is less than seven years old. The supervising ocularist must either be supervising the apprentice ocularist or performing the work in the presence of the patient.
     (3) The matching of the color of the remaining eye must be done in the presence of the patient and no sketches, drawings, or photographs may be used by an ocularist.

NEW SECTION.  Sec. 2   A new section is added to chapter 18.55 RCW to read as follows:
     Any licensed ocularist, optometrist, or physician who recommends that a patient have an ocular prosthetic device cleaned more than once every year must provide the patient with a written statement of this recommendation and maintain a copy of the recommendation in the patient's records.

Sec. 3   RCW 18.55.085 and 1991 c 180 s 9 are each amended to read as follows:
     ((An ocularist or authorized service provider shall explain to patients or customers exactly which type of prosthesis or service they are receiving or purchasing.)) The following acts shall be considered unprofessional conduct under chapter 18.130 RCW:
     (1) Failure ((to do so)) of an ocularist or authorized service provider to explain to patients or customers exactly which types of prosthesis or services they are receiving or purchasing, or misrepresentation of said services, constitutes unprofessional conduct under this chapter and chapter 18.130 RCW;
     (2) Misrepresenting to a patient that an ocular prosthetic device is custom-made.