WSR 16-10-118
(Board of Optometry)
[Filed May 4, 2016, 11:24 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 15-11-054.
Title of Rule and Other Identifying Information: WAC 246-851-370 Employed doctors of optometry, franchises and equipment use agreements, the proposed rule amends WAC 246-851-370 by deleting the first sentence relating to the relationship between salary, bonus, or other remuneration of an employed doctor of optometry and the number of patients seen or prescriptions filled.
Hearing Location(s): Department of Health, Creekside Two at Center Point, 20425 72nd Avenue South, Room 307, Kent, WA 98032, on June 13, 2016, at 10 a.m.
Date of Intended Adoption: June 13, 2016.
Submit Written Comments to: Loralei Walker, Program Manager, P.O. Box 47852, Olympia, WA 98504-7852, e-mail, fax (360) 236-2901, by June 1, 2016.
Assistance for Persons with Disabilities: Contact Loralei Walker, program manager, by June 1, 2016, TTY (800) 833-6388 or 711.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The board of optometry (board) is proposing to amend WAC 246-851-370 Employed doctors of optometry, franchises and equipment use agreements. The first sentence of this rule forbids that an optometrist's salary be contingent upon the number or percentage of exams given or prescriptions filled by the optometrist. The board received a petition for rule making asking the board to consider removing this sentence. The board finds that this language is outdated and does not reflect current practice. Removing the first sentence of the rule will provide clarity.
Reasons Supporting Proposal: The proposed rule eliminates the restriction on compensation based on percentage of exams given while still requiring optometrists remain cognizant of their responsibilities as licensed optometrists. The rule also communicates to the licensees and the public that the optometry license is independent of different types of employment relationships. There are other regulations, such as chapter 19.68 RCW, Rebating by practitioners of healing professions that provide safeguards against prohibited business practices.
Statutory Authority for Adoption: RCW 18.54.070(2).
Statute Being Implemented: RCW 18.54.070(2).
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of health, board of optometry, governmental.
Name of Agency Personnel Responsible for Drafting: Brett Lorentson, 111 Israel Road S.E., Tumwater, WA 98501, (360) 236-4611; Implementation and Enforcement: Loralei Walker, 111 Israel Road S.E., Tumwater, WA 98501, (360) 236-4947.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule would not impose more than minor costs on businesses in an industry.
A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Loralei Walker, Department of Health, Veterinary Board of Governors, P.O. Box 47852, Olympia, WA 98504-7852, phone (360) 236-4947, fax (360) 236-2901, e-mail
May 3, 2016
Kathy J. Schmitt
Deputy Director
Office of Health
Professions and Facilities
AMENDATORY SECTION (Amending WSR 91-06-025, filed 2/26/91, effective 3/29/91)
WAC 246-851-370 Employed doctors of optometry, franchises and equipment use agreements.
((The salary, bonus or other remuneration of a doctor of optometry who is employed for professional optometric services, shall not be dependent upon the percentage or number of patients who obtain visual examinations or who have prescriptions filled.)) The employed optometrist, acting in the capacity of consultant, advisor or staff doctor of optometry, the optometrist who has acquired a franchise relating to the practice of optometry, and the optometrist who has a professional equipment use agreement/contract, shall at all times remain cognizant of his or her professional responsibilities and with demeanor, decorum and determination retain his or her right of independent professional judgment and title in all situations and circumstances. If at any time the right of independent professional judgment or title is abridged it shall be incumbent upon the optometrist to resign or correct his or her position as consultant, advisor or staff doctor of optometry, or to resign from or correct a franchise and/or equipment use agreement/contract relationship.