WSR 97-12-088

PERMANENT RULES

DEPARTMENT OF HEALTH

(Board of Optometry)

[Filed June 4, 1997, 11:42 a.m.]

Date of Adoption: May 16, 1997.

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.

Citation of Existing Rules Affected by this Order: Repealing WAC 246-851-210; and amending WAC 246-851-090 through 246-851-200 and WAC 246-851-220 through 246-851-240.

Statutory Authority for Adoption: RCW 18.54.070(2).

Adopted under notice filed as WSR 97-08-094 on April 2, 1997.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 14, repealed 1.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 14, repealed 1.

Effective Date of Rule: Thirty-one days after filing.

June 4, 1997

Dr. James H. Grimes, O.D.

Chair, Board of Optometry

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: