WSR 02-22-080

EXPEDITED RULES

DEPARTMENT OF HEALTH


(Board of Optometry)

[ Filed November 5, 2002, 8:22 a.m. ]

Title of Rule: WAC 246-851-390 Practice under trade name.

Purpose: This rule was adopted to clarify the identity of the practitioner to the patient. Because other Board of Optometry rules govern the same activity in a clearer more well defined manner, this rule is redundant and should be repealed.

Statutory Authority for Adoption: RCW 18.54.070(2).

Statute Being Implemented: RCW 18.54.080(2).

Summary: Originally adopted in 1980, the intent was to restrict the use of a doctor's name as the optical business name thereby avoiding confusion as to who is performing the optical care. In May 2002, the Board of Optometry amended another board rule, to require that licensees be clearly identified to the public at or near the entrance to the licensee's office at all practice locations.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Judy Haenke, 1300 S.E. Quince Street, Olympia, WA 98504, (360) 236-4947.

Name of Proponent: Board of Optometry, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: This rule was originally adopted in early 1980. As part of the regular review process, the board researched the history of the rule in an effort to more clearly understand its original intent. The research indicated that the original intent of this rule was to restrict the use of a doctor's name as a trade name thereby avoiding potential confusion to the patient as to who was performing the optical care. The trade name restriction does not apply to nonprofit organizations, clinics or centers.

A Board of Optometry rule, WAC 246-851-310 Proper identification of licensees, was amended to more clearly govern the same activity as this rule, making this rule redundant.

WAC 246-851-310 Proper identification of licensees. Each person licensed under chapter 18.53 RCW must be clearly identified to the public as a doctor of optometry at all practice locations. The identification must include the name of the licensee and the term "doctor of optometry" or "independent doctor of optometry" or other similar phrase, at or near the entrance to the licensee's office.

Proposal Changes the Following Existing Rules: Repeals WAC 246-851-390 Practice under trade name.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THE USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Judy Haenke, Program Manager, Department of Health, P.O. Box 47870, Olympia, WA 98504-7870, (360) 236-4947 or fax (360) 586-4359 , AND RECEIVED BY January 6, 2003.


October 23, 2002

Grant Chester

for Donald H. Williams

Executive Director

OTS-5966.1


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 246-851-390 Practice under trade name.

Washington State Code Reviser's Office