WSR 97-08-094
PROPOSED RULES
DEPARTMENT OF HEALTH
(Board of Optometry)
[Filed April 2, 1997, 11:57 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 96-14-068.
Title of Rule: Amends continuing education rules for licensed optometrists for clarity, to include approval of coursework offered electronically and to extend the deadline for submitting coursework to the Board of Optometry.
Purpose: To include, as approved continuing education activities, courses offered electronically through Internet, CD ROM or diskette. Amends existing language of the continuing education regulations for clarity and readability. Extends the deadline for submitting coursework to the Board of Optometry for approval.
Statutory Authority for Adoption: RCW 18.54.070(2).
Statute Being Implemented: RCW 18.54.070(2).
Summary: Amends existing continuing education rules for clarity and to include approval of courses now available electronically.
Reasons Supporting Proposal: Current optometry continuing education rules do not address courses offered electronically through Internet, CD ROM or diskette. References to coursework are unclear and/or are no longer appropriate. Deadlines for submitting coursework to the Board of Optometry do not allow sufficient time for board review.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Judy Haenke, Program Manager, 1300 S.E. Quince, Olympia, WA 98504, (360) 753-4614.
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: General housekeeping and amendments to update and clarify rules relating to continuing education. These changes will allow licensed optometrists to obtain continuing optometric education credit for approved courses offered electronically through the Internet, CD ROM and diskette. The Board of Optometry will also be permitted more time to review proposed coursework submitted to the board for approval. Through these amendments, licensees will be able to obtain required continuing education in a more convenient and much less costly manner.
Proposal Changes the Following Existing Rules: Amends existing rules for clarity and includes courses offered electronically through the Internet, CD ROM and diskette as approved activities.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Because the cost per business is less than the minor cost threshold.
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. This rule does not subject a person to a penalty or sanction; does not establish, alter or revoke a qualification or standard for optometry licensure; and does not make significant amendment to a policy or regulatory program. This rule amends existing rules to make them clearer and to enhance the definition of preprogrammed materials to include coursework offered electronically.
Hearing Location: Seattle Airport Hilton, Columbia West Room, 17620 Pacific Highway South, Seattle, WA 98188, on May 16, 1997, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Judy Haenke by May 2, 1997, TDD (360) 753-2870, or FAX (360) 586-0745.
Submit Written Comments to: Judy Haenke, P.O. Box 47863, Olympia, WA 98504-7863, FAX (360) 586-0745, by May 13, 1997.
Date of Intended Adoption: May 16, 1997.
March 28, 1997
Donald Williams
Executive Director
Health Professions Section Four
AMENDATORY SECTION (Amending Order 248B, filed 2/26/92, effective 3/28/92 WAC 246-851-090 Continuing education requirement. ((An)) (1) All
optometrists licensed in ((the state of)) Washington shall complete fifty
hours of continuing education ((each)) every two-years ((period preceding
license renewal)) beginning at the first license renewal following
initial licensure, except:
(((1) An optometrist applying for the first renewal subsequent to
initial licensing is exempt from this requirement; and
(2) An optometrist)) In lieu of this requirement, licensees
practicing ((only out of the state)) solely outside of Washington may((,
in lieu of this requirement, fulfill the licensing and)) meet the
continuing education requirements of the state ((of practice)) or
territory in which they practice.
(2) Every two years, as part of the license renewal process, a licensee must certify that he or she have met the continuing education requirements and have documentation that will be furnished upon request.
(3) Licensees must maintain documentation of continuing education activities.
(4) When requested by the board, a licensee must submit
documentation of completion of continuing education activities.
[Statutory Authority: RCW 18.54.070. 92-06-030 (Order 248B), 246-851-090, filed 2/26/92, effective 3/28/92; 91-06-025 (Order 119B), recodified
as 246-851-090, filed 2/26/91, effective 3/29/91; 88-07-047 (Order PM
710), 308-53-100, filed 3/11/88. Statutory Authority: RCW
18.54.070(5). 80-01-088 (Order PL 326), 308-53-100, filed 12/28/79;
Order PL 239, 308-53-100, filed 3/3/76.]
AMENDATORY SECTION (Amending Order 119B, filed 2/26/91, effective 3/29/91 WAC 246-851-100 Credit hour defined. A credit hour is defined as
one hour actually spent in a course or other ((work)) activity approved
by the ((optometry)) board as fulfilling continuing education
requirements.
[Statutory Authority: RCW 18.54.070. 91-06-025 (Order 119B), recodified
as 246-851-100, filed 2/26/91, effective 3/29/91; Order PL 239, 308-53-110, filed 3/3/76.]
AMENDATORY SECTION (Amending WSR 94-04-041, filed 1/27/94, effective
2/27/94)
WAC 246-851-110 Courses presumed to qualify for credit. Courses
offered by the following organizations ((listed in this section will be))
are presumed to qualify as continuing education courses without specific
prior approval of the board((, but)). However, the board reserves the
((authority)) right to ((refuse to)) not accept credits ((in any course))
if the board determines that ((the)) a course did not provide appropriate
information or training ((sufficient in amount or relevancy.
Organizations for the purposes of this section shall include:)).
(1) The American Optometric Association.
(2) Any college or school of optometry whose scholastic standards are deemed sufficient by the board under RCW 18.53.060(2).
(3) The Washington Association of Optometric Physicians.
(4) Any state optometric association which is recognized by the licensing authority of its state as a qualified professional association or educational organization.
(5) The state optometry board.
(6) The optometry licensing authority of any other state.
(7) The American Academy of Optometry.
(8) The Optometric Extension Program.
(9) The College of Optometrists in Vision Development.
(10) The National Eye Research Foundation.
(11) Regional congresses of any of the organizations listed in subsections (1) through (10) of this section.
(12) The Council on Post-Graduate Education of the American Optometric Association.
(13) The Council on Optometric Practitioner Education (C.O.P.E.).
[Statutory Authority: RCW 18.54.070. 94-04-041, 246-851-110, filed
1/27/94, effective 2/27/94; 93-18-092 (Order 393B), 246-851-110, filed
9/1/93, effective 10/2/93; 91-06-025 (Order 119B), recodified as 246-851-110, filed 2/26/91, effective 3/29/91. Statutory Authority: RCW
18.54.070(2). 89-10-030 (Order PM 839), 308-53-120, filed 4/27/89.
Statutory Authority: RCW 18.54.070. 88-07-047 (Order PM 710), 308-53-120, filed 3/11/88. Statutory Authority: RCW 18.54.070(5). 84-09-082
(Order PL 465), 308-53-120, filed 4/18/84; Order PL 239, 308-53-120,
filed 3/3/76.]
AMENDATORY SECTION (Amending Order 210B, filed 11/1/91, effective 12/2/91 WAC 246-851-120 ((Credit for classes.)) Approval of courses.
((Continuing education credit may be granted for courses sponsored by
schools and professional organizations.)) (1) The board will individually
consider ((granting or denying credit for any course other than those
offered by organizations approved in WAC 246-851-110.
(1) Requests for credit must be submitted at least thirty days prior
to the date of the course. The request must include, as a minimum, an
agenda, an outline of each offering, and a brief professional biography
of each presenter. Within sixty days the board will notify the sponsor
of its approval or denial of continuing education credits and the number
of credits approved. If the board does not act on the continuing
education credit request within sixty days after receipt, the request
shall be approved as submitted.
(2) Any requests received after the thirty-day submission deadline
will be considered by the board as soon as possible.
(3) In determining whether a course will be granted credit, the
board may consider, among other factors: The relevancy of the course to
the usual and customary practice of optometry, the correlation of the
course to subjects taught in accredited colleges or schools of optometry,
the speaker(s) being properly credentialed in the subject area, and the
relationship to new concepts and techniques: Provided, however, Courses
related to a single product or device will not normally be granted
credit)) requests for approval of continuing education courses. The
board will consider the following course components:
(a) Whether the course contributes to the advancement and enhancement of skills in the practice of optometry.
(b) Whether the course is taught in a manner appropriate to the subject matter.
(c) Whether the instructor has the necessary qualifications, training and/or experience to present the course.
(2) Courses related to a single product or device will not normally be granted credit.
(3) Requests must be submitted at least sixty days prior to the date of the course and must include at least:
(a) Name of the course being offered.
(b) Location and date of course.
(c) Course outline.
(d) Format of activity (e.g., lecture, videotape, clinical participation, individual study).
(e) Total number of hours of continuing education being offered.
(f) Name and qualifications of the instructor or speaker.
[Statutory Authority: RCW 18.54.070. 91-22-061 (Order 210B), 246-851-120, filed 11/1/91, effective 12/2/91; 91-06-025 (Order 119B), recodified
as 246-851-120, filed 2/26/91, effective 3/29/91. Statutory Authority:
RCW 18.54.070(2). 89-10-030 (Order PM 839), 308-53-123, filed
4/27/89.]
AMENDATORY SECTION (Amending Order 119B, filed 2/26/91, effective 3/29/91 WAC 246-851-140 Continuing education credit for admission to
optometric organizations and participation in patient care reviews. (1)
((Continuing education)) Credit ((will)) may be granted for preparation
and admission to optometric scientific groups (for example, the Academy
of Optometry). ((The licensee must petition the board for credit thirty
days prior to the end of the reporting period and no more than five
credit hours will be approved for any licensee in any reporting period.))
(2) ((Continuing education)) Credit ((will)) may be granted for
participation ((in formal reviews and evaluations of patient care such
as peer review and case conference. Also, participation)) in a local,
county, state or federal professional standard review ((organization,
regional health planning council, health planning board, state health
coordinating council and state health)) or planning ((department, and
local/county councils of state health planning council/))organization((s,
as authorized by the state and the United States government, and other
official representation (and not mere attendance as an observer)))
relating to health care agencies ((may be granted continuing education
credit by submitting an outline of the particular activity thirty)) or
institutions.
(3) Requests for credit must be submitted to the board at least sixty days prior to the end of the reporting period.
(4) No more than five credit hours will be ((approved)) granted
under this section for any licensee in any two-year reporting period.
[Statutory Authority: RCW 18.54.070. 91-06-025 (Order 119B), recodified
as 246-851-140, filed 2/26/91, effective 3/29/91. Statutory Authority:
RCW 18.54.070(2). 89-10-030 (Order PM 839), 308-53-135, filed 4/27/89.
Statutory Authority: RCW 18.54.070(5). 80-01-088 (Order PL 326), 308-53-135, filed 12/28/79.]
AMENDATORY SECTION (Amending Order 119B, filed 2/26/91, effective 3/29/91 WAC 246-851-150 Credit for individual ((study)) research,
publications, and small((-))group study. ((The granting of continuing
education credit for individual study, publication of scholarly papers
and articles, and small-group study will be considered by the board on
a case-by-case basis. Such credit may be granted if the board determines
that such study or publication entails at least the same amount of work,
information, or training as a regular course for which the same number
of credit hours are awarded.)) (1) Subject to approval by the board,
continuing education credit may be granted for:
(a) Participation in formal reviews and evaluations of patient care such as peer review and case conferences;
(b) Participation in small group study or individual research;
(c) Scholarly papers and articles whether or not the articles or papers are published.
Requests for credit for papers or articles should include a copy of the article, date of acceptance or publication, and the number of hours requested.
(2) Requests for credit must be submitted to the board at least sixty days prior to the end of the reporting period.
(3) No more than ten credit hours will be granted under this section
to any licensee in any two-year reporting period.
[Statutory Authority: RCW 18.54.070. 91-06-025 (Order 119B), recodified
as 246-851-150, filed 2/26/91, effective 3/29/91; Order PL 239, 308-53-140, filed 3/3/76.]
AMENDATORY SECTION (Amending Order 210B, filed 11/1/91, effective 12/2/91 WAC 246-851-160 Credit for reports. (1) Continuing education
credit will be ((given)) granted for reports on professional optometric
literature. Requests for credit must be submitted ((to the department
of health, professional licensing services in Olympia,)) at least
((thirty)) sixty days prior to the end of the reporting period. The
request should include a copy of the article ((being reported on and the
typewritten report)), including publication source, date and author.
((Such)) The report ((shall list)) should be typewritten and include at
least ten descriptive ((basic)) statements from ((an)) the article ((or
sequence of articles)).
(2) Professional literature approved for such reports are:
(a) American Journal of Optometry and Physiological Optics((,));
(b) American Optometric Association News((,));
(c) Contact Lens Forum((,));
(d) Contacto((,));
(e) Insight((,));
(f) International Contact Lens Clinic((,));
(g) Journal of American Optometric Association((,));
(h) Journal on Optometric Education((,));
(i) Journal of Optometric Vision Development((,));
(j) OEP Monthly((,));
(k) Optometric Management((,));
(l) Optometric Monthly((,));
(m) Optometric World((,));
(n) Review of Optometry((, and));
(o) 20/20 Magazine((.)); and
(p) Other ((professional)) literature ((may be submitted in advance
for the board's consideration and approval. Reports shall list the title
of the article(s), literature that the article(s) was taken from, the
date of issuance/publication of the literature, page(s) utilized, and
author(s))) as approved by the board.
(3) Each report qualifies for one credit hour ((and may only be used
for credit once)). ((The maximum continuing education credit that)) No
more than ten credit hours will be granted under this section ((is ten
credit hours for each)) to any licensee in any two-year reporting period.
[Statutory Authority: RCW 18.54.070. 91-22-061 (Order 210B), 246-851-160, filed 11/1/91, effective 12/2/91; 91-06-025 (Order 119B), recodified
as 246-851-160, filed 2/26/91, effective 3/29/91. Statutory Authority:
RCW 18.54.070(2). 89-10-030 (Order PM 839), 308-53-145, filed 4/27/89.
Statutory Authority: RCW 18.54.070. 88-07-047 (Order PM 710), 308-53-145, filed 3/11/88. Statutory Authority: RCW 18.54.070(5). 80-04-054
(Order PL 331), 308-53-145, filed 3/21/80.]
AMENDATORY SECTION (Amending Order 210B, filed 11/1/91, effective 12/2/91 WAC 246-851-170 Credit for preprogrammed educational materials.
Subject to approval by the board, continuing education credit ((will))
may be granted for ((observation)) viewing and participation in the use
of formal preprogrammed optometric educational materials((, including the
use of cassettes, videodiscs, videotapes, teaching machines, etc.
Requests for credit must be submitted to the department of health,
professional licensing services in Olympia, at least thirty days prior
to the end of the reporting period. The request should include the title
of the preprogrammed educational material, its date of issuance, its
author/provider, and the length of time spent viewing/listening to the
preprogrammed educational material. A synopsis of the preprogrammed
educational material shall be submitted.
The maximum continuing education credit that will be granted under
this section is ten credit hours for each two-year reporting period)).
Preprogrammed educational materials include, but are not limited to:
(1) Correspondence courses taken through magazines or other publications, cassettes, videodiscs, videotapes, teaching machines, computer software, CD Rom, diskettes or internet, other than those that qualify under subsection (2) of this section. No more than ten credit hours will be granted under this subsection to any licensee in any two-year reporting period. Requests for credit must be submitted to the board at least sixty days prior to the end of the reporting period and should include the title, date issued or released, author or source and the length of time spent viewing, listening or responding to the material.
(2) Cassettes, videodiscs, videotapes, teaching machines, computer
software, CD Rom, diskettes or internet, which are offered by a board-approved school or college of optometry or other entity or organization
approved by the board for credit under this section and require
successful completion of an examination for certification of completion.
No more than twenty-five credit hours will be granted under this
subsection to any licensee in any two-year reporting period.
[Statutory Authority: RCW 18.54.070. 91-22-061 (Order 210B), 246-851-170, filed 11/1/91, effective 12/2/91; 91-06-025 (Order 119B), recodified
as 246-851-170, filed 2/26/91, effective 3/29/91. Statutory Authority:
RCW 18.54.070(2). 89-10-030 (Order PM 839), 308-53-146, filed 4/27/89.
Statutory Authority: RCW 18.54.070(5). 80-04-054 (Order PL 331), 308-53-146, filed 3/21/80.]
AMENDATORY SECTION (Amending Order 210B, filed 11/1/91, effective 12/2/91 WAC 246-851-180 Credit for lecturing. Subject to approval by the
board, continuing education credit ((will)) may be given for the
preparation and presentation of courses and lectures in optometric
education((, if attendance at such a course or lecture would also qualify
for such credit. For each hour of credit for the initial presentation
of such a course or lecture, two additional hours of credit will be
granted)). Three hours of credit will be granted for each course hour.
Requests for credit must be submitted to the ((department of health,
professional licensing services in Olympia,)) board at least ((thirty))
sixty days prior to the end of the reporting period. ((The request
should include a brief outline of the lecture and the length of the
presentation.)) Credit for subsequent presentations will be
((individually)) considered ((upon a showing)) if the applicant can
demonstrate that ((significant)) substantial additional ((work has been))
preparation was required. No more than ten hours will be ((approved))
granted under this section for any licensee in any two-year reporting
period.
[Statutory Authority: RCW 18.54.070. 91-22-061 (Order 210B), 246-851-180, filed 11/1/91, effective 12/2/91; 91-06-025 (Order 119B), recodified
as 246-851-180, filed 2/26/91, effective 3/29/91. Statutory Authority:
RCW 18.54.070(2). 89-10-030 (Order PM 839), 308-53-150, filed 4/27/89;
Order PL 239, 308-53-150, filed 3/3/76.]
AMENDATORY SECTION (Amending Order 119B, filed 2/26/91, effective 3/29/91 WAC 246-851-190 Credit for CPR training. Continuing education
credit((, up to five credit hours yearly, may)) will be granted for
certified training ((obtained)) in ((a)) cardio-pulmonary resuscitation
(CPR) ((course where such training is provided by a currently certified
CPR instructor. A request for credit must include the name of the
instructor, the organization certifying the instructor, the date the
instructor's certification expires, and the date, length, and location
of the course)). No more than ten credit hours will be granted under
this section to any licensee in any two-year reporting period.
[Statutory Authority: RCW 18.54.070. 91-06-025 (Order 119B), recodified
as 246-851-190, filed 2/26/91, effective 3/29/91. Statutory Authority:
RCW 18.54.070(2). 89-10-030 (Order PM 839), 308-53-151, filed 4/27/89.
Statutory Authority: RCW 18.54.070(5). 82-12-077 (Order PL 399), 308-53-151, filed 6/2/82.]
AMENDATORY SECTION (Amending Order 119B, filed 2/26/91, effective 3/29/91 WAC 246-851-200 Dual acceptance of continuing education credits.
A course ((otherwise acceptable for continuing education credit under the
rules of this chapter)) will not be denied ((continuing education
credit)) approval solely because it has been used to satisfy the
continuing education requirement of ((another)) other states in which the
licensee ((is concurrently licensed)) holds a license to practice
optometry.
[Statutory Authority: RCW 18.54.070. 91-06-025 (Order 119B), recodified
as 246-851-200, filed 2/26/91, effective 3/29/91; Order PL 256, 308-53-155, filed 9/13/76.]
AMENDATORY SECTION (Amending Order 119B, filed 2/26/91, effective 3/29/91 WAC 246-851-220 Surplus credit hours. Excess continuing education
credits ((in excess of the required hours earned in any reporting
period)) may not be carried forward to a subsequent reporting period.
[Statutory Authority: RCW 18.54.070. 91-06-025 (Order 119B), recodified
as 246-851-220, filed 2/26/91, effective 3/29/91. Statutory Authority:
RCW 18.54.070(2). 89-10-030 (Order PM 839), 308-53-170, filed 4/27/89.
Statutory Authority: RCW 18.54.070. 88-07-047 (Order PM 710), 308-53-170, filed 3/11/88; Order PL 239, 308-53-170, filed 3/3/76.]
AMENDATORY SECTION (Amending Order 210B, filed 11/1/91, effective 12/2/91 WAC 246-851-230 Credits for practice management. Continuing
education credit will be granted for courses or materials involving
practice management((; however,)) under WAC 246-851-110 through 246-851-180. No more than ten credit hours ((total)) will be granted under this
section to any licensee ((for practice management courses under WAC 246-851-110 through 246-851-180)) in any two-year reporting period.
[Statutory Authority: RCW 18.54.070. 91-22-061 (Order 210B), 246-851-230, filed 11/1/91, effective 12/2/91; 91-06-025 (Order 119B), recodified
as 246-851-230, filed 2/26/91, effective 3/29/91. Statutory Authority:
RCW 18.54.070(2). 89-10-030 (Order PM 839), 308-53-175, filed
4/27/89.]
AMENDATORY SECTION (Amending Order 119B, filed 2/26/91, effective 3/29/91 WAC 246-851-240 Discretionary exception for emergency situation.
In emergency situations, ((such as)) or personal or family sickness, the
board may waive((, for good cause shown,)) all or part of the continuing
education requirement for a ((particular)) two-year reporting period
((for an individual licensee)). The board ((will)) may require ((such
verification of the emergency as is necessary to prove its existence))
additional information to determine if a waiver should be granted.
[Statutory Authority: RCW 18.54.070. 91-06-025 (Order 119B), recodified
as 246-851-240, filed 2/26/91, effective 3/29/91. Statutory Authority:
RCW 18.54.070(2). 89-10-030 (Order PM 839), 308-53-180, filed 4/27/89;
Order PL 239, 308-53-180, filed 3/3/76.]
REPEALER
The following section of the Washington Administrative Code is
repealed:
WAC 246-851-210 Certification for continuing education courses.