14-21-154

WSR 14-21-154

PROPOSED RULES

DEPARTMENT OF HEALTH

[Filed October 21, 2014, 2:14 p.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 14-06-103.

Title of Rule and Other Identifying Information: WAC 246-824-075 Continuing education requirements for dispensing opticians, amending the number of hours of continuing education that is reported each year of a three year reporting cycle.

Hearing Location(s): Department of Health, 111 Israel Road S.E., Room 145, Tumwater, WA 98501, on December 16, 2014, at 1:00 p.m.

Date of Intended Adoption: December 23, 2014.

Submit Written Comments to: Judy Haenke, Program Manager, 111 Israel Road S.E., Tumwater, WA 98501, e-mail http://www3.doh.wa.gov/policyreview/, fax [phone], by December 16, 2015 [2014].

Assistance for Persons with Disabilities: Contact Judy Haenke by December 9, 2014, TTY [phone] or 711.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Currently, opticians report thirty hours of continuing education every three years. Fifteen hours must relate to contact lens education. The proposed rule will require a minimum of five hours of continuing education be earned each year, but opticians must still complete a total of thirty hours every three years. Fifteen of the total thirty hours of required continuing education must relate to contact lenses. The proposed rule also provides clarity in how opticians can obtain the required coursework.

Reasons Supporting Proposal: The department received a petition for rule making from the Opticians Association of Washington requesting that opticians complete ten hours of continuing education each year of the three year reporting cycle, with five of the ten hours relating to contact lens [lenses]. Input from stakeholders resulted in the current proposal of a minimum five hours each year of the three year reporting cycle but retaining the required thirty hours of every three years with fifteen of those hours related to contact lens [lenses]. The purpose is to keep licensed opticians current with developments in a rapidly changing field.

Statutory Authority for Adoption: RCW 18.34.120.

Statute Being Implemented: RCW 18.34.120.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of health, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Judy Haenke, Program Manager, 111 Israel Road S.E., Tumwater, WA 98501, [phone].

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 Judy Haenke, 111 Israel Road S.E., Tumwater, WA 98501, phone [phone], fax [phone], e-mail [e-mail].

October 21, 2014

Dennis E. Worsham

Deputy Secretary

for John Wiesman, DrPH, MPH

Secretary

AMENDATORY SECTION (Amending WSR 09-07-023, filed 3/6/09, effective 4/6/09)

WAC 246-824-075 Continuing education requirements for dispensing opticians.

Purpose and scope. The purpose of ((these requirements)) continuing education is to ensure the continued high quality of services provided by ((the)) licensed dispensing opticians. Continuing education consists of ((educational activities designed to review existing concepts and techniques and conveys information and knowledge about advances)) programs of learning which contribute directly to the advancement or enhancement of skills in the field of opticianry, ((so as)) designed to keep the licensed dispensing opticians ((abreast)) informed of current and forecasted developments in a rapidly changing field.

(1) Basic requirements. Licensed dispensing opticians whose three-year continuing education reporting cycle begins on or after June 1, 2015, must complete thirty hours of continuing education every three years as required in chapter 246-12 WAC, Part 7. (((2))) Of the thirty hours every three years:

(a) A minimum of five hours must be completed in each of the three years;

(b) At least fifteen of the credit hours must relate to contact lenses.

(2) Approved continuing education courses may be completed through the following methods or activities:

(a) Attendance at a local state or national program;

(b) Self-study through distance learning;

(c) Electronically through webinar or video presentations.

(3) ((Qualification of program for continuing education credit.)) Courses offered by the following organizations ((and methods listed in this section will be)) are presumed to qualify as continuing education courses. The secretary reserves the ((authority)) right to refuse to accept credits in any course if the secretary determines that the course did not provide information sufficient in amount or relevancy to opticianry((. Qualifying organizations and methods for the purposes of this section shall include in-class training, correspondence courses, video and/or audio tapes offered by any of the following)):

(a) American Board of Opticianry;

(b) National Academy of Opticianry;

(c) Optical Laboratories Association;

(d) National Contact Lens Examiners;

(e) Contact Lens Society of America;

(f) Opticians Association of Washington;

(g) Joint Commission of Allied Health

Personnel in Ophthalmology;

(h) Council on Optometric Practitioner Education;

(i) Opticianry colleges or universities approved by the secretary;

(j) Speakers sponsored by any of the above organizations;

(k) Any state or national opticianry association; and

(l) Additional qualifying organizations or associations as approved by the secretary.