WSR 02-04-090

PROPOSED RULES

DEPARTMENT OF HEALTH


(Board of Optometry)

[ Filed February 4, 2002, 4:46 p.m. ]

     Continuance of WSR 01-24-106.

     Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

     Title of Rule: WAC 246-851-150 Credit for individual research, publications and small group study, 246-851-160 Credit for reports, 246-851-250 Minimum equipment requirements, 246-851-300 Renting space from and practicing on premises of commercial (mercantile) concern, 246-851-310 Proper identification of licensees, 246-851-330 Misleading titles or degrees, and 246-851-520 Contact lens prescription defined.

     Purpose: The purpose of this continuance CR-102 is to change the hearing location and the hearing time.

     Statutory Authority for Adoption: RCW 18.54.070(2).

     Statute Being Implemented: RCW 18.54.070(2).

     Summary: Updates and clarifies rules related to continuing education including correcting references to professional literature. Updates equipment requirements for licensees. Deletes unnecessary language and corrects references to gender related to practicing on a commercial location, proper identification and titles of licensees. Updates language related to contact lens prescriptions.

     Reasons Supporting Proposal: References in continuing education rules to optometric literature are inaccurate. Required equipment for optometrists currently in rule is outdated. Other rules contain unnecessary language and incorrect gender reference which detract from the readability clarity of the rule.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Judy Haenke, Program Manager, 1300 S.E. Quince, 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: The following proposed amendments update and clarify the rules without changing the effect of the rules.

     WAC 246-851-150 Credit for individual research, publications, and small group study. Allows for continuing education credit for research or publication. Amendment clarifies that publication must be submitted for publication.

     WAC 246-851-160 Credit for reports. Updates optometric literature approved for reports.

     WAC 246-851-250 Minimum equipment requirements. Updates required minimum equipment.

     WAC 246-851-300 Renting space from and practicing on premises of commercial (mercantile) concern. Deletes unnecessary and outdated language.

     WAC 246-851-310 Proper identification of licensees. Clarifies language and removes gender references.

     WAC 246-851-330 Misleading titles or degrees. Clarifies language.

     WAC 246-851-520 Contact lens prescription defined. Updates language relating to a contact lens prescription.

     Proposal Changes the Following Existing Rules: Clarifies existing language without changing the effect of the rules.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement is not necessary for rules that are exempt under RCW 34.05.310(4). These changes provide clarification and do not change the substance of the rules.

     RCW 34.05.328 does not apply to this rule adoption. This proposal 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 proposal amends existing rules to make them clearer without changing the effect of the rules.

     Hearing Location: Hawthorne Suites, Evergreen One Meeting Room, 6329 South 212th Street, Kent, WA 98032, on March 22, 2002, at 9:00 a.m.

     Assistance for Persons with Disabilities: Contact Judy Haenke at (360) 236-4947, by March 15, 2002, TDD (360) 753-2870, or fax (360) 586-0745.

     Submit Written Comments to: Judy Haenke, Program Manager, P.O. Box 47870, Olympia, WA 98504-7870, (360) 236-4947, fax (360) 586-4359, by March 5, 2002.

     Date of Intended Adoption: March 23, 2002.

November 15, 2001

D. H. Williams

Executive Director

Health Professions Section Four

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