WSR 98-20-065
EXPEDITED REPEAL
DEPARTMENT OF HEALTH
(Board of Optometry)
[Filed October 2, 1998, 3:47 p.m.]
The Following Sections are Proposed for Expedited Repeal: WAC 246-851-270 Retention of minimum contact lens records, 246-851-340 Transmittal of patient information and records, and 246-851-360 Required identification on prescriptions.
Rules Proposed for Expedited Repeal Meet the Following Criteria: Other rules of the agency or of another agency govern the same activity as the rule, make the rule redundant.
Any person who objects to the repeal of the rule must file a written objection to the repeal within thirty days after publication of this preproposal statement of inquiry.
Address Your Objection to: Judy Haenke, Department of Health, P.O. Box 47870, 1300 S.E. Quince Street, Olympia, WA 98504-7870.
Reason the Expedited Repeal of the Rule is Appropriate: In 1994, the legislature enacted chapter 18.195 RCW, Consumer Access to Vision Care Act. RCW 18.195.050(2), provides that rules adopted by the secretary pursuant to chapter 18.195 RCW shall supersede rules that conflict with this chapter. Rules to implement chapter 18.195 RCW were adopted under chapter 246-852 WAC.
WAC 246-852-040 Retention of patient contact lens records is the same as or exceeds the requirements in WAC 246-851-270. Therefore, WAC 246-851-270 should be repealed because it is redundant or may conflict with rules adopted under chapter 246-852 WAC.
WAC 246-852-030 Transmittal of patient information and records is the same as or exceeds the requirements of WAC 246-851-340. Chapter 70.02 RCW also sets forth the process for a patient's access to medical records and health care information. The requirements in WAC 246-852-030 and chapter 70.02 RCW are the same and exceed the requirements in WAC 246-851-340, therefore WAC 246-851-340 should be repealed because it is redundant or may conflict with rules adopted under chapter 246-852 WAC.
WAC 246-852-020 Prescription for corrective lenses is the same as or exceeds the requirements in WAC 246-851-360, therefore WAC 246-851-360 should be repealed because it is redundant or may conflict with rules adopted under chapter 246-852 WAC.
September 18, 1998
Judy Haenke
Program Manager