Original Notice.

     Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

     Title of Rule: WAC 246-824-010 Definitions, 246-824-020 Registration of apprentices, 246-824-070 Examination appeal procedures, and 246-824-071 Licensure by endorsement -- Definitions.

     Purpose: To update and clarify rules relating to definitions, registration of apprentice dispensing opticians, examination appeal procedures and licensure endorsement.

     Statutory Authority for Adoption: RCW 18.34.070, 43.70.040.

     Statute Being Implemented: RCW 18.34.010, [18.34.]020, [18.34.]030, and [18.34.]115.

     Summary: The proposal updates and clarifies rules for licensure of dispensing opticians and registration of apprentice dispensing opticians relating to definitions, appropriate registration and supervision of dispensing opticians, credentialing by endorsement and appeal of examination results.

     Reasons Supporting Proposal: To provide clearer regulations for applicants, licensees and the public.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Judy Haenke, Program Manager, P.O. Box 47870, Olympia, WA 98504-7870, (360) 236-4947.

     Name of Proponent: Dispensing Optician Examining Committee, governmental.

     Rule is not necessitated by federal law, federal or state court decision.

     Explanation of Rule, its Purpose, and Anticipated Effects: The proposed changes clarify and consolidate existing language with chapter 246-824 WAC, Dispensing opticians.

     WAC 246-824-010 Definitions, this rule defines key phrases including "secretary," "primary supervisor," "one year of apprenticeship," and "direct supervision." The amendments to this rule will remove sections or parts of sections that do not refer to definitions. The sections or parts of sections are consolidated into existing rules relating to registration of apprentices also proposed for amendment.

     WAC 246-824-020 Registration of apprentices, this rule sets forth the requirements for apprenticeship including proper registration, qualified supervision, approved apprenticeship programs and recording of apprenticeship hours. The amendments clarify and consolidate rules relating to apprenticeships.

     WAC 246-824-070 Examination appeal procedures, this rule sets forth the process for candidates to appeal their score(s) on the Washington administered licensing examination. The amendments replace language related to a process for conducting formal hearings with a reference to conducting hearings pursuant to the Administrative Procedure Act, chapter 34.05 RCW.

     WAC 246-824-071 Licensure by endorsement -- Definitions, this rule sets forth the requirements for obtaining a licensing [license] through endorsement. Current language defines "substantially equivalent" in part as an examination that covers the same subject matter as the Washington state examination. "Substantially equivalent" as it relates to the same subject matter should also consider the knowledge base required and the degree of difficulty of the questions. The amended language more closely follows the statutory language.

     Proposal Changes the Following Existing Rules: The proposed changes clarify and consolidate existing language within chapter 246-824 WAC, Dispensing opticians.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement is not necessary for rules that are exempt under RCW 34.05.310(4). These changes provide clarification and do not change the substance of the rules.

     Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. This proposal does not subject a person to a penalty or sanction; does not establish, alter or revoke a qualification or standard for dispensing optician licensure; and does not make significant amendment to a policy or regulator program. This proposal amends existing rules to make them clearer without changing the effect of the rules.

     Hearing Location: Department of Health, Conference Center, 1101 Eastside Street, Conference Room 6, Olympia, WA 98504, on August 7, 2002, at 1:30 p.m.

     Assistance for Persons with Disabilities: Contact Judy Haenke at (360) 236-4947, by August 1, 2002, TDD (360) 753-2870, or fax (360) 586-4359.

     Submit Written Comments to: Judy Haenke, Program Manager, P.O. Box 47870, Olympia, WA 98504-7870, (360) 236-4947, or fax (360) 586-4359, by August 4, 2002.

     Date of Intended Adoption: August 7, 2002.

M. C. Selecky

Secretary

OTS-5144.8

AMENDATORY SECTION(Amending Order 121, filed 12/27/90, effective 1/31/91)

WAC 246-824-010   Definitions.   ((For the purpose of administering and recording apprenticeship training, in accordance with the conditions specified by RCW 18.34.070 (5)(a), one year shall be defined as)) (1) "Secretary" means the secretary of the department of health.

     (2) "Primary supervisor" is a physician licensed under chapter 18.57 or 18.71 RCW, an optometrist licensed under chapter 18.53 RCW, or a dispensing optician licensed under chapter 18.34 RCW, who is responsible for the acts of the apprentice and provides the majority of the training and direct supervision received by the apprentice.

     (3) "One year of apprenticeship" is 2,000 hours of training under the supervision of a licensed physician, optometrist or dispensing optician. ((This definition will not be used to extend the limit of apprenticeship training as specified in RCW 18.34.030.

     (1) No apprentice shall engage in the work of dispensing optician except in the course and scope of apprenticeship training under the direct supervision of a duly licensed physician, optometrist, or dispensing optician. In those situations where the apprentice or the supervisor rotates within the same eye care organization or business operation, the provisions of WAC 308-26-010(2) (as amended February 23, 1976) will apply.

     (2))) (4) "Direct supervision" ((shall)) means ((that)) the supervising optometrist, physician, or dispensing optician shall:

     (a) Inspect a substantial portion of the apprentice's work;

     (b) Be physically present on the premises where the apprentice is working and available for consultation with the apprentice a minimum of 80% of the time claimed as apprenticeship training((. Thus, of the 2,000 training hours in one year of apprenticeship, the supervisor must be on the premises simultaneously with the apprentice for 1,600 hours, and have available at each location where an apprentice is working a monthly log with verification by initial of both the licensed supervisor and the apprentice to be shown upon request made by the state)); and

     (c) ((Except that in the case of the)) When fitting or adjusting ((of)) contact lenses, "direct supervision" ((shall require that)) means the supervising optician, optometrist, or physician inspect all ((of)) the apprentice's work and be physically present on the premises at all times.

     ((Provided, however, That if the supervisor is absent for extended periods of time, the apprentice shall be supervised by another licensed physician, optometrist, or dispensing optician, and provided further that "direct supervision" shall not require that the supervisor while on the premises inspect all of the apprentice's work, nor shall it require that the supervisor and apprentice be constantly in the same room.))

[Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as § 246-824-010, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 18.04.040. 78-07-073 (Order PL-289), § 308-26-005, filed 6/30/78; Order PL-106, § 308-26-005, filed 2/2/71.]

     (2) Separate registrations shall be required if an individual receives his or her apprenticeship training from more than one ((licensee)) primary supervisor.

     (3) ((In determining whether or not an individual has completed his or her apprenticeship, within the minimum of three years or the maximum of six years, only the apprenticeship training received subsequent to the date that the apprentice was formally registered with the secretary will be considered: Provided, That an individual who has been registered in an apprentice-type program by an agency of the state of Washington, which program has been approved by the secretary, and who has been trained and directly supervised by a licensed physician, optometrist, or dispensing optician while in such program, may have all such training considered toward fulfillment of his or her apprenticeship, whether such training occurred before or after his or her formal registration with the secretary: Provided, further, That this exemption is not to be construed or applied in any manner which would except any person from any provision of RCW 18.34.030: Provided, further, That before such training may be considered toward fulfillment of an apprenticeship, formal registration of the individual must be requested by the physician, optometrist, or dispensing optician who has trained and supervised the individual, in retrospective accordance with subsections (1), (2) and (4) of this section, on a form provided by the secretary.

     (4) The licensee initially requesting the registration of an apprentice shall notify the secretary whenever he or she terminates the apprenticeship training, unless such termination is concluded by reason of the apprentice becoming licensed as a dispensing optician.)) Once registered by the primary supervisor, the apprentice may thereafter, at the business or place of employment of the primary supervisor, receive training and direct supervision from a physician, optometrist or dispensing optician. No physician, optometrist or dispensing optician may have more than two apprentices in training or under their direct supervision at any one time.

     (4) Only the apprenticeship training received subsequent to the date the apprentice was formally registered with the secretary will be credited toward the required 6,000 apprenticeship hours. No apprentice may engage in the work of a dispensing optician unless formally registered as an apprentice with the secretary. An apprentice must complete his or her apprenticeship training in no less than three or no more than six years.

     (5) An individual registered by the Washington State Apprenticeship and Training Council or other similar program with substantially equivalent standards administered by an agency of the state of Washington may have dispensing optician training hours credited toward the required 6,000 apprenticeship hours, if:

     (a) The program is approved by the secretary;

     (b) The apprentice received training and direct supervision from a licensed physician, optometrist or dispensing optician; and

     (c) The apprentice is formally registered as an apprentice with the secretary by the licensed physician, optometrist or dispensing optician who has provided or does provide the supervision referred to in (b) of this subsection.

     (6) The primary supervisor and registered apprentice shall maintain a record of all apprenticeship hours. This record shall be verified by initial of both the primary supervisor and apprentice and shall be available upon request by the secretary or secretary's designee.

     (7) The primary supervisor shall notify the secretary whenever the apprenticeship training is terminated and provide the total number of apprenticeship hours accumulated during the training period.

[Statutory Authority: RCW 43.70.280. 98-05-060, § 246-824-020, filed 2/13/98, effective 3/16/98. Statutory Authority: RCW 43.17.060 and 18.130.070. 91-09-024 (Order 155), § 246-824-020, filed 4/10/91, effective 5/11/91. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as § 246-824-020, filed 12/27/90, effective 1/31/91; Order PL 241, § 308-26-010, filed 2/26/76; Order PL-106, § 308-26-010, filed 2/2/71.]

     (2) The procedure for filing an informal review is as follows:

     (a) Contact the department of health office in Olympia for an appointment to appear personally to review incorrect answers on the written portion of failed examination, and score sheets on the failed practical portion of the examination.

     (b) The candidate will be provided a form to complete in the department of health office in Olympia in defense of examination answers.

     (c) The candidate must specifically identify the challenged portion(s) of the examination and must state the specific reason or reasons why the candidate feels the results of the examination should be changed.

     (((d) The candidate will be identified only by candidate number for the purpose of this review. Letters of reference or requests for special consideration will not be read or considered by the examining committee.

     (e) The candidate may not bring in notes or texts for use while completing the informal review form.

     (f) The candidate will not be allowed to take any notes or materials from the office upon leaving.

     (g) The examining committee will schedule a closed session meeting to review the examinations, score sheets and forms completed by the candidate for the purpose of informal review.

     (h) The candidate will be notified in writing of the results.))

     (3) Any candidate who is not satisfied with the result of the informal examination review may submit a ((written)) request for a formal hearing to be held before the dispensing optician examining committee ((pursuant to the administrative procedures act)). ((Such written)) This request ((for hearing)) must be in writing and must be received by the department ((of health)) within ((twenty)) thirty days of ((the postmark)) receipt of the results of the committee's informal examination review ((of the examination results)). The written request must specifically identify the challenged portion(s) of the examination and must state the specific reason(s) why the candidate feels the results of the examination should be changed. The examining committee will not set aside its prior determination unless the candidate shows((, by a preponderance of evidence,)) error in examination content or procedure, or bias, prejudice, or discrimination in the examination process. The committee will not consider any challenges to examination scores unless the total revised score ((could result in issuance of a license)) on any individual examination section would result in a passing score on that section of the examination.

     (4) ((Before the hearing is scheduled either party may request a prehearing conference before an administrative law judge to consider the following:

     (a) The simplification of issues;

     (b) Amendments to the candidate's notice identifying the challenged portion(s) of the examination and the statement of the specific reason(s) why the candidate feels the results of the examination should be changed;

     (c) The possibility of obtaining stipulations, admission of facts and documents;

     (d) The limitation of the number of expert witnesses;

     (e) A schedule for completion of all discovery; and,

     (f) Such other matters as may aid in the disposition of the proceeding.

     (5) In the event there is a prehearing conference, the administrative law judge shall enter an order which sets forth the actions taken at the conference, the amendments allowed to the pleading and the agreements made by the parties of their qualified representatives as to any of the matters considered, including the settlement or simplification of issues. The prehearing order limits the issues for hearing to those not disposed of by admissions or agreements. Such order shall control the subsequent course of the proceeding unless modified for good cause by subsequent prehearing order.

     (6) Candidates will receive at least twenty days notice of the time and place of the formal hearing. The hearing will be restricted to the specific portion(s) of the examination the candidate has identified as the bases for his or her challenge of the examination results unless amended by a prehearing order. The issues raised by the candidate at the formal hearing shall be limited to those issues raised by the candidate for consideration at the informal review unless amended by a prehearing order.)) The formal hearing will be held pursuant to the Administrative Procedure Act, chapter 34.05 RCW, and the model procedural rules for adjudicative proceeding of the department of health, chapter 246-10 WAC.

[Statutory Authority: RCW 43.70.040 and chapter 18.34 RCW. 92-02-018 (Order 224), § 246-824-070, filed 12/23/91, effective 1/23/92. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as § 246-824-070, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 43.24.060. 87-22-019 (Order PM 688), § 308-26-025, filed 10/27/87.]

     (b) "Substantially equivalent" means the applicant has successfully completed an examination administered by or authorized by either a national professional association or a state other than Washington state. The examination shall cover the same subject matter as the Washington state examination. The licensing law under which the applicant is licensed shall, at a minimum, include the duties described in RCW 18.34.060.)) A license to practice as a dispensing optician may be issued without examination to an individual who is currently licensed in another state that has licensing standards substantially equivalent to those currently applicable in Washington state.

     (2) The department will issue a license by endorsement ((unless there is a basis for denial of the license or issuance of a license conditioned on the applicant's compliance with an order entered pursuant to RCW 18.130.160. A person applying for a license by endorsement must submit to the department)) upon receipt of:

     (a) A completed application ((on a form provided by the department)) and application fee;

     (b) ((An application fee, and if the application is approved, an original license fee;

     (c) Evidence satisfactory to the department that the education and examination requirements of the other state are substantially equivalent to that of Washington;

     (d))) The applicant will provide documentation from the state in which the applicant is currently licensed sufficient to establish that the state's licensing standards are substantially equivalent to the licensing standards currently applicable in Washington state;

     (c) A completed open-book state law ((examination provided by the department)) questionnaire;

     (((e) Applicants must complete)) (d) Documentation of completion of four clock hours of AIDS education as required in chapter 246-12 WAC, Part 8((.));

     (((3) Written documentation shall be submitted directly)) (e) Verification from all states in which the applicant ((is or has been licensed, verifying)) has ever held a license, whether active or inactive, indicating that the applicant is ((in good standing and)) not subject to charges or disciplinary action for unprofessional conduct or impairment.

     (((4))) (2) If licensure by endorsement is ((denied)) not granted, and the applicant is otherwise qualified for the licensing examination, he or she may apply for licensure by examination in accordance with RCW 18.34.070 and WAC 246-824-040.

     (5) Endorsement application fees may be applied towards the examination fee if licensure by endorsement is ((denied)) not granted.

[Statutory Authority: RCW 43.70.280. 98-05-060, § 246-824-071, filed 2/13/98, effective 3/16/98. Statutory Authority: RCW 43.70.250. 93-14-011, § 246-824-071, filed 6/24/93, effective 7/25/93.]

     Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

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