LegislativeCorner

by Diane Charles,

OAW Legislative Director

Resolution #1:

Whereas, opticianry today requires more technical knowledge than ever, and

Whereas, the national optician associations have called for greater educational requirements for licensed dispensing opticians, and

Whereas, the OAW membership has previously voted in favor of adding an associates degree to the requirements for receiving a state license, but lacks the financial resources to bring about a change in the state law,

Therefore, be it resolved that the Opticians Association of Washington go on record as favoring the addition of an associates degree as a requirement to receive a state license.

 

Resolution #2:

Whereas, the Opticians Association of America has voted to accept a national definition of apprenticeship which requires related formal instruction in addition to on-the-job training, and

Whereas, many other highly skilled occupations such as electricians accept a definition of apprenticeship which includes related formal instruction of at least 144 hours per year in addition to on-the-job training, and

Whereas, opticianry today requires more technical knowledge than ever,

Therefore, be it resolved that, for as long as apprenticeship exists, the Opticians Association of Washington go on record in favor of a definition of apprenticeship that requires formal instruction in addition to on-the-job training.

Both proposed resolutions are submitted by member Dennis Prescott for comment and consideration before adoption at the Fall convention in Chelan.

The Automated Practice
VisionWeb Webinar Series 
August 13, 2008
About the Webinar Series
bulletThe Automated Practice
bulletBest Practices: Online Ordering
 You are invited!
 
OAA corporate member VisionWeb presents The Automated Practice - a free webinar series!  Please come as OAA President Tom Hicks joins in discussing the benefits of online ordering.
The Automated Practice  
VisionWeb Webinar Series
Are outdated processes keeping your staff inundated with paper work and holding your business back? Have you given any thought to the ways that inefficiency affects your bottom line?

We have, and that is why we are dedicated to providing services that make inefficient processes a thing of the past. If you aren't taking advantage of all we have to offer, now is a great time to start. Attend our Webinars and learn how VisionWeb services improve day-to-day business processes. The Webinars are FREE; all you need is a phone and access to the Internet to attend.
 
Best Practices for Opticians:
Online Eyecare Product Ordering 
Live Webinar: August 20, 2007 3:00 p.m. - 4:00 p.m. Central
 

Efficient, accurate order processing is crucial in order for opticians to meet customer demands and reach maximum success.  Attend this Webinar to find out how online eyecare product ordering provides faster and more accurate order processing, making it a best practice for opticians.
 
Tom Hicks, President of the Opticians Association of America, joins us to discuss the many benefits of online ordering, and how you can put these practices in place in your business.  And, get your questions answered in a live Q&A sessions.
 
Who should attend?  Opticians and eyecare industry professionals at all levels that are responsible for eyecare product ordering.


Opticians Association of America
441 Carlisle Drive
Herndon, Virginia 20170
703-437-8780
The Webinars are FREE; all you need is a phone and access to the Internet to attend.
 
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The following memorandum explains some of the steps DOH is taking to speed up the renewal process for health care professionals, as there has been a delay in renewals for the last two months.  To inquire about a pending renewal the telephone number is (360) 236-4700.

Please feel free to share this with other health care professionals.
*****************************************************************************************
From: Beigert, Shannon L , Customer Service Office Director
Sent: Thursday, May 15, 2008 9:10 AM
Subject: Update HSQA Renewal Status

DOH takes steps to speed licensing and cut backlog.
We launched a new computer licensing system in February. As many of you know, we had a rise in backlog during that startup. This has caused serious delays for our customers. We apologize for this.

We do have good news.. During the past several weeks, we have reduced the backlog from 18 days to about 10 days. Each day represents the amount of work typically done in an eight- hour workday.

We expect processing to continue to speed up. Many factors have contributed to the improvement. Some of the most important are:

· Staff are learning the system.
· Additional hardware, memory and Internet capacity has improved system performance.
· We have added staff resources.
We have also focused attention on the most urgent license renewals. This will help us avoid having licenses expire when the department has already received a renewal with the correct information and fee.

Those seeking renewals can help speed the process. Our automatic renewal system is working smoothly. If a customer submits the correct fee, provides required information and has no changes to a license, we can process the renewal in a day or two.

By contrast, manual renewals are currently taking us about two weeks to process. We have to do manual renewals when a customer wants to make changes, such as in an address, forgets to submit continuing education information or submits the incorrect fee. We hope to see the two week lag time reduced to less than a week very soon.

We are encouraging customers to submit address changes separately. This allows them to get a faster renewal. Customers can send changes in names or address to either our email box or fax machine. Our email address is hpqa.csc@doh.wa.gov and fax number is 360-236-4818..

We are working hard to get our new system running smoothly. Thank you for your patience.

You are receiving this e-mail because you have been identified as an interested party. You may leave this list at any time, or view the archives of messages that have been sent to this list, by going to

 http://listserv.wa.gov/archives/wa-brd-optometry.html

 

 

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STATE OF WASHINGTON

DEPARTMENT OF HEALTH

Olympia, Washington 98504

 

On Wednesday, May 7, we filed proposed rules for health care professional licensing fees. The fees in the proposed rules are at or less than the level the legislature authorized this year.

 We have also set up a Web site with information on these proposed changes. The Web site is located at:  http://www.doh.wa.gov/hsqa/FeeInformation/FeeInfoDefault.htm.

 This site provides a link to the department’s rules comment page. This allows you to easily comment on the proposed fees and read the comments of others.

 State law requires that the costs to license and discipline health professionals be paid through fees. Each profession must be self-supporting. As a result, the proposed fee changes vary greatly by profession.

 Most fees in this proposal will go up, but not all. A few will decrease. The proposed increases are mainly driven by higher discipline costs and additional legislative requirements.

 Fourteen of the professions have a new fee of up to $25. This pays for online access to health-related journals and other publications through the University of Washington . The legislature added this on-line service in 2007.

 The fee changes will go into effect in August. License holders will see the new fees in the renewal notices we send out starting in mid-June. Renewals occur throughout the year and notices are sent several weeks before a license is set to expire.

 

License Fees Frequently Asked Questions

Why is the Department of Health raising fees?

By law a profession’s fees must cover the costs to administer the profession.

Some fees were increased in the past two years. Before that, fees had not been raised for many years. A number of fees were actually reduced in 2005.

Recent legislation has increased costs to administer programs.

· 2007 – The Blue Ribbon Commission bill (ESSB5930) added a fee to access some resources on the University of Washington online library.

· 2008 – 4SHB1103 required fingerprint-based federal criminal background checks for out-of-state applicants. This adds to the disciplinary workload. The bill called for additional rulemaking activities and more national databank checks.

Discipline drives 85 percent of the costs. Disciplinary activity has increased dramatically in recent years.

· Some professions’ disciplinary actions have risen 83 percent since 2001.

· Authorized investigations increased by over 30 percent in the same time period.

· Court cases added requirements for how evidence is collected. Courts raised the level of proof necessary to move forward with discipline.

The department had to replace seven outdated licensing systems it had been using to license all professions. They were consolidated into one system to meet current and future demands.

Has the department ever lowered fees and when?

Yes. In 2005 fees for some professions were reduced because we had more revenue than the legislature authorized us to spend. Unfortunately, soon after the fees were lowered, discipline cases exceeded projections and new legislation created new requirements.

What drives disciplinary costs?

Fees must cover investigation, legal, and other administrative costs.

Investigations and legal analysis cost staff time and money. Boards and commissions must also expend time to review and make decisions. This adds up to about $9 million per year.

Money must be spent in many cases to pay outside experts to determine whether a standard of care has been met. This adds up to about $500,000 per year.

Fees must pay for Attorney General advice and prosecution. This amounts to about $1.5 million per year.

Fees must also cover records collection and reproduction, staff attorneys, health law judges, and hearing room rentals.

 

Why are some fees higher than others?

There are many factors that influence the fees differently in each profession, including:

A profession’s current biennium budget and expenditure trends.

The number of licensees in a profession. If there are few practitioners in the profession and high costs to regulate, fees will be higher.

Fees for some professions were lowered too far in 2005. There was no cushion for unanticipated legislative mandates that followed.

· Some professions began quickly depleting their revenues. Some profession fees were raised again in 2006.

· State law requires professions to be self-supporting. Even with the proposed fee increases, it may still take more than a year for all professions to be self-supporting.

The amount of discipline for a profession and the complexity of its cases.

What is included in the fee?

The basic fee pays to support the regulation of the profession, including:

· Setting standards for the profession.

· Credentialing.

· Disciplinary activities.

Some of the proposed application and renewal fees also include surcharges required under state law, including:

· Up to $25 for the University of Washington (UW) online journal access fee.

· The nurse’s $5 pass-through fee for the Washington Center for Nursing.

· Up to $35 for the Washington Physicians Health Program.

What is the UW fee and why do I have to pay it?

The legislature recently made this fee a requirement. It was also recommended by the Governor’s Blue Ribbon Commission on Health Care Costs and Access. The law requires that certain professions pay the fee to receive online access to a set of health-related journals and other publications through the University of Washington Health Sciences Library.

The department was directed to include up to $25 in the license fees for these professions to pay for this access. The department is required to obtain the fees and transfer the funds to the university. The university is responsible for providing the access. These professions include:

· Acupuncturists

· Chiropractors

· Clinical Social Workers

· Massage Therapists

· Mental Health Counselors

· Naturopathic Physicians

· Optometrists

· Osteopathic Physicians, Osteopathic Physician Assistants

· Physicians, Physician Assistants

· Podiatrists

· Psychologists

· Registered Nurses

The legislation did not make access to the online library and the fee optional. The access and fee are required for the listed professions.

How are fees approved?

In the fall of 2007, Washington citizens passed Initiative 960 (I-960). I-960 requires state agencies that charge fees to project expenses and revenues for a 10-year period. It also requires legislative approval for fees.

The 2008 legislature approved fees up to a certain amount. All proposed fees are within the legislatively approved levels. Some are less than the approved maximum.

Raising fees also requires a public rule-making process to allow public and practitioner input.

We expect the rule-making process to conclude in June with new fees in place by

August 1, 2008.

Shouldn’t more licensees in a profession mean marginally lower fees?

Generally, yes. While there are more practitioners to share the costs, there may also be more costs to share. Some professions receive more complaints, require more investigations, and have higher rates of disciplinary activity.

Does the department consider a practitioner’s income when determining the amount of the fee?

The department does not have this option. We are required to consider two factors when setting fees. These two factors are revenue and expense. The department must determine if the fees charged will cover the profession’s expenses.

How many and what professions will be bankrupt if fees are not raised this year?

Fifteen professions are spending more than they are receiving in revenue. This cannot continue. The law requires that each profession be self-supporting. These professions include Dental, Recreational Therapist, Denturist, Massage Therapist, Radiologic Technologist, Nursing Assistant, Mental Health Counselor, Social Worker, Chemical Dependency Professional, Healthcare Assistant, Registered Counselor, Respiratory Therapist, and Chiropractor.

What happens if fees aren’t raised?

Patient safety is threatened. The department would not be able to:

· Investigate complaints about health care professionals.

· Resolve complaints in a timely manner.

· Implement legally required fingerprint-based federal background and other national databank checks.

A growing backlog of cases slows decisions. In some cases, incompetent or unethical health providers could continue to practice. Failure to do the required background checks could allow health professionals with criminal histories to practice in the state.

The legislature has also required us to begin regulating a number of new professions. Without fees for these professions, the department could not provide licenses and make sure these new professions are properly regulated. 

Can I pay my fees online?

Not yet, but we are working on this option. We recently started accepting payments made by Visa, MasterCard, or debit if paid in person at our offices in Tumwater.

Where can I get more information on fees?

More information is available on the Department of Health’s fee information Web page (http://www.doh.wa.gov/hsqa/FeeInformation/FeeInfoDefault.htm). You can also check your profession’s individual Web page for fee information.

 

 

Opticians Association of America
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DO YOU WANT TO CONTINUE TO EDGE LENSES?
 
OAA is working with the Vision Council of America to fight the FDA's new lens impact testing guidelines...we need your help!
 

New guidelines drafted by the Food and Drug Administration (FDA) will require that in 2008 all lenses be drop-ball tested at the place of edging and cutting due to concerns that the lens finishing process affects the integrity of the lens and the safety of the patient.

 

Not only could this recommendation create a financial and practical burden on ECPs by forcing them to purchase lens testing machinery, it could also force ECPs to completely outsource the testing and lens-finishing processes to third-party laboratories. ECPs that conduct any type of edging would be viewed as the manufacturer and subject unnecessarily high levels of liability.

 

By taking action, you can help prevent these guidelines from affecting your practice. Let the FDA know:

 

bulletThe safety record for eyeglass lenses is excellent. The frequency of eye injury litigation involving fractured lenses is approximately one claim per year, a very low number considering that over 146 million Americans regularly wear eyeglasses.
bulletManufacturers have decades of experience ensuring lens safety by utilizing the drop ball test accurately.
bulletNo major ophthalmic or consumer rights organizations are seeking changes to the guidelines released in 1987.

 

To submit comments, visit www.2020advocacy.com/fda or mail to the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852. The deadline for comments is January, 24, 2008, so act today!

 

 

 

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STATE OF WASHINGTON

DEPARTMENT OF HEALTH

Olympia, Washington 98504

 

In response to the State Auditor’s Office health professions audit, Governor Gregoire is proposing legislation.  Items 1-3 below will look familiar. They were unsuccessfully introduced during the 2007 legislative session.  This draft is preliminary and could still be modified.  We welcome your feedback and/or comments.  The concepts covered in the legislation include:

  1. Simplifying the process for denying an application for licensure.  It would amend the Uniform Disciplinary Act., chapter 18.130 RCW, to shift the burden of proof to the applicant to prove he or she is fit to practice. Currently the Department must prove the applicant is unfit to practice.  Many other state licensing systems take this approach, and health care should be no exception.

       

The legislation would also amend the Uniform Disciplinary Act so applicants who have been convicted of certain crimes would not be granted licenses.  This amendment would place restrictions on persons applying to be health care providers that are similar to those now in effect for teachers. Disqualifying crimes listed in RCW 43.43.830 would be the same as those for people who have access to vulnerable adults and children, who work in the school system, and who work in the Department of Social and Health Services.

2)      Authorizing disciplining authorities to assess fines against practitioners who do not produce documents, including patient records, within a proposed statutory time limit of 21 calendar days of the request.  The legislation would amend the Uniform Disciplinary Act, chapter 18.130 RCW to allow issuance of a citation for failure to produce records and a fine of up to $100 a day until the documents, records, or other requested items are produced. The fine cannot exceed $5,000.  The licensee may request an extension, if there is good cause, not to exceed 30 additional calendar days.  Current law allows for issuance of charges for failure to cooperate with an investigation, but does not include a fine.

3)      Granting the disciplining authority the ability to permanently revoke a license in cases of the most egregious offenses.  The legislation would amend the Uniform Disciplinary Act, chapter 18.130 RCW to allow a permanent revocation.  Permanent revocation would be conditioned on the disciplining authority making a finding that the licensee can never be rehabilitated or can never retain the ability to practice with reasonable skill and safety. 

4)      Authorizing access to state and federal criminal history information. The legislation would amend the Uniform Disciplinary Act, chapter 18.130 RCW amendments would:

bulletGive the secretary clear authority to receive criminal history information (FBI), including non-conviction data for licensing and complaint investigations.
bulletProhibit further dissemination of non-conviction information.
bulletGive the secretary authority to examine national criminal history information.
bulletRequire criminal justice agencies (including local law enforcement) to provide the secretary with both conviction and non-conviction information.
bulletAdd language which would allow the Washington State Patrol to maintain the department’s designation as a criminal justice agency.

5)      Expanding the list of cross-matched crimes. The legislation would amend Restoration of employment rights, Chapter 9.96A RCW and Washington state patrol, Chapter 43.43 RCW, to further protect patient safety.  The proposal adds crimes to the list of those now cross-checked quarterly with the Washington State Patrol database.  Currently, the quarterly cross match includes assault, all sex crimes, homicide and kidnapping.  The proposal adds financial crimes, drug crimes, and all felonies to the quarterly cross match list.

Bonnie King, Director
Health Professions Quality Assurance
Department of Health
PO Box 47860
Olympia, WA  98504-7860
Voice: (360) 236-4995  Fax: (360)236-4626
E-Mail: Bonnie.King@doh.wa.gov

 

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STATE OF WASHINGTON

DEPARTMENT OF HEALTH

Olympia, Washington 98504

MANDATORY REPORTING RULES

DRAFT OCTOBER 2007

 

These draft rules are intended to:

bulletMerge existing rules to ensure mandatory reporting of unprofessional conduct covers all professions. Current language is used where possible. 

Many disciplining authorities have reporting rules that provide information from the license holder’s workplace. Those rules are good models. 

bulletRequire license holders to self-report and to report other license holders.  SHB 2974 made this a requirement.
bulletAddress stakeholder concerns about when to submit a report. A report is required when:
bulletThere is a determination or finding of unprofessional conduct.  Stakeholders did not want to report rumors and suspicions of unprofessional conduct. 
bulletA license holder’s mental or physical condition poses a risk to patients.  Stakeholders opposed reporting when a practitioner’s mental and physical condition is being appropriately treated.  Reporting risk to patients is similar to a license holder’s legal “duty to warn”. 

DRAFT RULE LANGUAGE:

WAC 246-16-200  Mandatory Reporting of unprofessional conduct and inability to practice with reasonable skill and safety.

This section establishes mandatory reporting requirements related to health care practitioners who commit unprofessional conduct or who are unable to practice with reasonable skill and safety due to a mental or physical condition.  It is not intended to limit reports from any person who has concerns about a license holder’s conduct or ability to practice with reasonable skill and safety.

(1) Definitions.  For purposes of this section:

(a) “Approved impaired practitioner or voluntary substance abuse program” means a program authorized by RCW 18.130.175 and approved by a disciplining authority listed in RCW 18.130.040.

(b) “Conviction” means conviction of any gross misdemeanor or felony, and includes all instances in which a plea of guilty or nolo contendere is the basis for the conviction and all proceedings in which the sentence has been deferred or suspended.

(c) “Determination or finding” means a decision by an employer, association, professional review organization, state or federal agency, or court, regardless of whether adverse action or sanction has been imposed and regardless of whether the license holder appeals the decision.

(d)  “License holder” means those persons holding a credential in a profession described in RCW 18.130.040(2).

(e) “Unable to practice with reasonable skill and safety due to a mental or physical condition” means a license holder who has been determined by a court to be incompetent or mentally ill, or a license holder who is reasonably likely to cause harm to a patient or client because of a mental or physical condition. 

(f) “Unprofessional conduct” includes the acts, conduct, or conditions described in RCW 18.130.180, such as, not limited to:

     (i) Conviction of any crime or plea of guilty, whether or not the crime relates to the license holder’s profession;
     (ii) Conduct which leads to dismissal from employment for cause;
     (iii) Conduct which reasonably appears to be a contributing factor to the death of a patient;
     (iv) Conduct which reasonably appears to be a contributing factor to the harm of a patient that requires medical intervention;
     (v) Conduct which reasonably appears to violate accepted standards of practice and reasonably appears to create a risk of physical and/or emotional harm to a patient;
     (vi) Conduct involving a pattern of repeated acts or omissions of a similar nature in violation of the standards of practice that reasonably appears to create a risk to a patient;
     (vii) Drug trafficking or diversion;
     (viii) Conduct involving the misuse of alcohol, controlled substances, or legend drugs, whether or not prescribed to the license holder, where such conduct is related to practice or violates any other drug or alcohol-related law;
     (ix) Conduct involving sexual contact with a patient or other sexual misconduct;
     (x) Conduct involving patient abuse, including physical, verbal, and emotional;
     (xi) Conduct indicating unfitness to practice the profession or that would diminish the standing of the profession in the eyes of the public;
     (xii) Conduct involving fraud related to the practice;
     (xiii) Conduct involving practicing beyond the scope of the individual's license;
     (xiv) Practicing, or offering to practice, without a valid license, including practicing on a license lapsed for nonpayment of fees; and
     (xv) Violation of a disciplinary sanction imposed on the license holder’s license by the disciplining authority.

(2) Reports: content and method.

(a)  Reports required under this section must be submitted to the department of health.  The department will forward the report to the appropriate disciplining authority.

(i)  If a patient has been harmed, a report to the department is required and a report to one of the approved impaired practitioner or voluntary substance abuse programs is not a substitute for reporting under this section.

(ii)  Reports to a national practitioner data bank do not substitute for meeting the reporting requirement of this section.

(b) Reports should contain the following information, if known:
     (i) The name, address, and telephone number of the person making the report;
     (ii) The name, address, and telephone number(s) of the license holder being reported;
     (iii) The case number of any patient or client whose treatment is a subject of the report;
     (iv) A brief description or summary of the facts which gave rise to the report, including dates of occurrences;
     (v) If court action is involved, the name of the court, the date of filing, and the docket number; and
     (vi) Any further information which would aid in the evaluation of the report.

(c) All reports required under this section should be submitted as soon as possible, but must be submitted no later than thirty days after a determination is made or actual knowledge is acquired by the person reporting, whichever comes first.

(3) Self Reporting by license holder.  Each license holder shall report:

(a) Any conviction, determination, or finding that he or she has committed unprofessional conduct or is unable to practice with reasonable skill and safety due to a mental or physical condition; and

(b) Any determination that he or she is disqualified from participation in the federal Medicare program or the federal Medicaid program. 

(4) Reports by a license holder about another license holder. 

(a) Every license holder shall report:

(i) Any conviction, determination, or finding that another license holder has committed an act that constitutes unprofessional conduct, and

(ii) Information that indicates another license holder may not be able to practice his or her profession with reasonable skill and safety to consumers as a result of a mental or physical condition.

(b) A license holder is not required to report under this subsection if the reporting license holder:

(i) is part of a professional review organization as provided in subsection (5)(e) of this section;

(ii) is providing health care to the other license holder and the other license holder does not pose a clear and present danger to patients or clients; or

(iii) is part of a federally funded substance abuse program or approved impaired practitioner or voluntary substance abuse program and the other license holder is participating in treatment and does not pose a clear and present danger to patients or clients.

(5) Reports by corporations, organizations and health care facilities.

(a) Professional liability insurance carriers. Every institution or organization providing professional liability insurance directly or indirectly to a license holder shall send a complete report to the department of any malpractice settlement, award, or payment in excess of twenty thousand dollars as a result of a claim or action for damages alleged to have been caused by an insured license holder’s incompetence or negligence in the practice of the profession. Such institution or organization shall also report the award, settlement, or payment of three or more claims during a twelve-month period as a result of the license holder's alleged incompetence or negligence in the practice of the profession.

(b) Health care institutions. The chief administrator or executive officer or designee of any hospital or specialty hospital defined in chapter 70.41 RCW, ambulatory surgery center defined in chapter 70.230 RCW, childbirth center defined in chapter 18.46 RCW, nursing home defined in chapter 18.51 RCW, chemical dependency treatment programs defined in chapter 70.96A RCW, drug treatment agency defined in chapter 69.54 RCW, and public and private mental health treatment agencies defined in RCW 71.05.020, and 71.24.025, shall report to the department when:
(i) Any  license holder’s services are terminated or are restricted based upon a determination that the license holder has committed an act which may constitute unprofessional conduct; or
(ii) The license holder may be unable to practice with reasonable skill or safety to clients by reason of a mental or physical condition.

Reports made by a hospital pursuant to RCW 70.41.210 meet the requirement.

(c) Associations and societies.  The president or chief executive officer of any health care profession association or society within this state shall report to the department when the association or society determines that a license holder has committed unprofessional conduct or that the license holder may not be able to practice their profession with reasonable skill and safety to patients or clients as the result of any mental or physical condition. The report required by this section shall be made without regard to whether the license holder appeals, accepts, or acts upon the determination made by the association or society. Notification of appeal shall be included in the report.

(d) Service contractors and insurance carriers.  The executive officer of every insurer and health care service contractor licensed under title 48 RCW operating in the state of Washington shall report to the department all final determinations or findings that a license holder has engaged in fraud in billing for services or has otherwise committed unprofessional conduct.

(e) Professional review organizations.   Unless prohibited by federal or state law, every peer review committee, quality improvement committee, or other similarly designated professional review organization operating within the state of Washington shall report to the secretary:

(i) when it determines that a license holder has committed an act which constitutes unprofessional conduct, including consistent, excessive utilization of any test, treatment, or procedure when the services are clearly not called for under the circumstances in which such services were provided, and

(ii) Information which indicates that the license holder may not be able to practice their profession with reasonable skill and safety to consumers as a result of a mental or physical condition.

Professional review organizations and individual license holders participating in the professional review organization are not required to report during the investigative phase of the professional review organization’s operation if the organization completes the investigation in a timely manner.

(f) The department requests the assistance of the clerk of trial courts within the state to report all professional malpractice judgments and all convictions of the license holder, other than minor traffic violations.

 The department requests the assistance of executive officers of any state or federal program operating in the state of Washington, under which a license holder is employed to provide patient or client care services, to report to the department whenever the license holder:

(i)  has been determined to have demonstrated his/her incompetence or negligence in the practice of the profession,

(ii)  has otherwise committed unprofessional conduct, or

(iii)  is unable to practice with reasonable skill and safety to patients or clients.  

This request does not supersede any federal or state law.

(6) Immunity. A person is immune from civil liability, whether direct or derivative, for providing information to the department under this section.    

(7) Public disclosure.

(a) Mandatory reports shall be exempt from public inspection and copying to the extent permitted under chapter 42.56 RCW.

(b) The identity of a whistleblower is protected as provided in chapter 246-15 WAC.

 

For the Draft Rules for changes to the Consumers Access to Vision Care (our contact lens law), please click HERE

 

              Go to www.doh.wa.gov and then to Provider Credential Search in the right hand menu. Pick the profession in the drop down box, and fill in the name - you will be able to see if there has been action by the Department since 1998. This will only tell you if the person has a record in Washington State. DOH is working on a system to do more exclusive BG checks. Some persons may have a record that is not known if they were licensed before WA began doing BG checks.                                   

 

March 25th, 2007

The question asked was "Does a felony conviction automatically disqualify me
for optician licensure?" The official word is Maybe!! The state looks at each 
application on an individual basis. The examples were, if it was armed robbery 
20 years ago and the person did their time and is clean, yes. If it is a crime 
against kids, absolutely not, if it is a felony in healthcare, no. There is a new 
law going through right now this session that will make it clear and very specific. 
In other words which crimes are acceptable and which ones won't be accepted. 
Don't know if it will pass out of committee and what form it will be in and what 
words will count.
Hope that answers the question.

 

March 22nd, 2007

It is time for the biennial adjustment to the allowable fees for searching and duplicating medical records. The current fees are effective through June 30, 2007.

RCW 70.02.010 requires the Department of Health to adjust these fees biennially according to the change in the Consumer Price Index. In addition to adjusting the fees, the department is also proposing an amendment to correct the statutory authority reference from 70.02.010(14) to 70.02.010(15). The subsection number was changed by 2006 legislation (ESSB 6106, Chapter 235, Laws of 2006).

A public hearing will be held April 26, 2007 at 9:00 AM at the Department of Health, 310 Israel Road SE, Room 153, Tumwater, Washington.

You may submit comments via our Rules Comment Web Site at http://www3.doh.wa.gov/policyreview/, or you may mail them to Sherry Thomas, Policy Coordinator, at Department of Health, P.O. Box 47850, Olympia, WA  98504-7850. Comments are due by April 19, 2007.

More details and a copy of the proposed rule amendment are available at the Rules Comment Web Site at the above link.

 

                                                                        

November 6th, 2006

The vision care consumer assistance act has been in place in the state of Washington for many years. 
However, it only passed nationally last year. Our law did not allow for it in this state. Therefore the 
Department of Health has suggested some changes to our law to bring it in compliance with the federal law. 
The changes are minor, but here is the simple definition of the purposed changes.

1) References that now include plano or non-corrective contact lenses in the law.
2) The definition of an 'initial prescription' and a 'finalized prescription'
3) Release of prescription when verification of insurance coverage is required
4) Release of prescription by electronic means when directed by, or on behalf of the patient
5) The title of this rule will now be 'Initial prescription' for corrective lenses.
6) The prescriber who completes the final follow up and final evaluation MUST provide a copy 
of the finalized contact lens prescription to the practitioner who preformed the initial fitting and the 
prescriber who performed the initial prescription.
7) Retention of private label contact lens info
8) Verbal explanation must be given to the patient at the time of exam if there are contraindications 
to contact lens wear.

Any comments must be received no later that November 27th, 2006 by the Department of Health.

Find out which legislative district you reside in and who your representatives are HERE

October 18th, 2006

FYI
It was asked at fall convention---Since an apprentice optician must 
be supervised 100% of the time when doing contact lenses, can they 
hand out boxes of contact lenses to a patient when a LDO is not on 
the premises?
The answer, according to the DOH is Yes!! Our law says that they must 
be supervised 100% of the time when fitting and adjusting contact lenses. 
There is no reference for dispensing! 

 

September 6th, 2006

 

In answer to the concerns raised at spring convention.

 
At the spring convention of 2003, Bill Gregory motioned to proceed with option 3.
The motion was amended by Glenn Charles to be a feasibility study of pursuing option 3.
The motion passed with the amendments.
A committee was formed.  Members were, Diane Charles, Dan Riley, Maureen Irey, Dennis Prescott, Cathy Nguyen, and Ginny Lashley.
We met and decided that the only way to continue with option 3 was to be able to expand the educational opportunities across the state.  In other words, to have our program in more colleges across the state.
At the fall convention we presented our report, and said we were still unclear how we were going to expand the education piece of our plan.
We met with Lisa Thatcher and Judy Haenke.  Also, Pam Lovinger from the DOH.  They recommended contacting the Technical college people.
We knew it would require major legislative action as it is a substantive change in our law.  Our lobbyist at that time cost @ $36,000. per year.  It would require many, many meetings across the state to get ALL licensed and non-licensed opticians on board with the idea.  It would require reactivating the Pac Fund for donations to many legislators. It would require an extremely active grass roots effort to get active on every legislative campaign in this state.  Our best guess is it would increase our dues by @ $100. per member per year for the duration.  We believed it could not be started without continuing. And we were unsure of putting a time line on this issue.  We knew our opposition would be the corporates and the optometrists, and believed some of our own members would be unhappy with this issue
I talked to Michelle Andreas from the Technical college group.  She did some research and came up with the opinion that at that time we were a flat industry.  She based that on the fact that there was no waiting list for entry into our existing program, and that there were very few want adds in the papers of the 5 largest counties in the state.  As money was very tight in the state budget, they could not at that time see expanding into other colleges across our state.  She did recommend reinvestigating in @ 3 - 5 years.
At our spring of 2004 convention, the committee made a report, that we recommended not pursuing option 3 at this time, and that we recommended not putting a time line on this issue, but to revisit it at a later date.
At spring of 2005 the committee made their final report.  We realized it would be a several year process to pursue option three.  We believed we completed our request from the members of doing a feasibility study.  We recommended that a new committee be formed to pursue other avenues of education in our state and continue looking at option three in the future.
 
Thank You
Diane Charles

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                                                                

August 10th, 2005

Benefits of OAA

 

Many of you ask what is OAA and what does it do for me?  It provides many of the same functions as your state association times 50 states.  Although you may not see a direct benefit, let me try to list some of things I have seen over the years.  The national speakers that we get for our conventions.  You have commented about the new format for Roundtable, that comes from OAAs direction.  Ideas for our newsletter.  Fundraising ideas, chapter growth ideas, connections with neighboring states.  We have a lobbyist who monitors national legislation, the new contact lens release bill!  There is a new move about to try and get every state across the country to have at a minimum, registered opticians if not licensed opticians.  For those of you who are not aware, our college program is in trouble.  We have been able to make contact with an optician in North Carolina who has written a paper about the future of opticians.  It was presented to the admin people at SCCC.  Hopefully it may help some.  OAA has members who sit on the ABO and NCLE boards.  I absolutely believe if and when we go through any legislative activity again we will have friends from across the country who will offer to help and or have been through our issues and give advice so that we are not reinventing the wheel.  (as we are so prone to doing!)  In the past we were given money from OAA for our Vision care consumer assistance act legislation.  We have been given a video tape that can be changed to use for advertising that promotes OAA and OAW.  It does need to be developed with someone who understands those things, but it is in our possession and ready to go.  We are now getting newsletters, so that you can stay current on what is happening across the country.  If any of you are moving and need contacts in another part of the country, I can get names for you.  And for your patients or customers.  Not every state is active, but we do have many contacts.  They provide a national convention, much like our own, which you are all entitled to attend.  They have a management conference, for managers and owners with info other than optics.Your board is working hard to get OAA to have their national convention in Washington in 2 years, so that you can see them. ( although THEY seem an awful lot like us!)

 

October 27th, 2003

Your Washington State License must be displayed in plain view of your customers. If you wish for privacy, you may black-out your mailing address. 

 

      

Alphabet Soup for the Ophthalmic Industry

 

AAO American Academy of Optometry

AAO American Academy of Ophthalmology

ABO American Board of Opticianry

AOA American Optometric Association

BVI  Better Vision Institute

CLAO  Contact Lens Association of Ophthalmologists

CLI   Contact Lens Institute

CLES  Contact Lens Eyecare Symposium

COA Commission on Opticianry Accreditation

EFOO  Educational Foundation in Ophthalmic Optics

JCAHPO  Joint Commission on Allied Health Professionals in

                  Ophthalmology

NAO National Academy of Opticians

NCSORB  National Committee of State Opticianry Regulatory Boards

NCLE  National Contact Lens Examiners

NFOS  National Federation of Opticianry Schools

OAA Opticians Association of America

VCA  Vision Council of America

 


   Education Task Force Cost & Feasability Results

 

         At the request of the OAW and its board, pursuant to a vote taken at the spring convention of 2003 on Bill Gregory’s motion to accept option 3 and as amended by Glenn Charles’ motion to study the cost of formulating and presenting such an issue to the legislature, a committee was formed to look at the issue of making a two year degree mandatory for becoming a LDO in the state of Washington. As part of this investigation, information has been gathered and a schedule of events, a task list if you will, has been compiled spelling out the steps that must be done before this proposal can become law. Three things are apparent before the process actually begins, and those three things are:

 

It will take time

It will take commitment

It will take money

 

·        The patients see us as professionals, but with formal education, other health care providers will see us as the professionals we are. As stated before, opticianry is the only health related job that can be attained other than by going to school. There must be input from opticians everywhere as to why this change is needed.

 

·        All interested parties must meet together. This proposal requires meeting with all interested and involved parties around the entire state. These will NOT be one time meetings, rather it can be planned that there will be MANY meetings involved in submitting this proposal.

 

·        Feasibility of the proposal needs to be discussed with all parties, and this includes technical college representatives. Could such a program be made available to all interested parties across the state? The question of conquering geographical/physical barriers should be addressed. Since this would involve the colleges, what would they have to do to make sure that this could move forward? It should be kept in mind that if the law is changed, schools must abide by state law. If the law changes, the school system will change. It should also be noted that there are now several “on line” opticianry degrees available; for example, the Charter Oaks State College degree.

 

·        Meetings must occur with the Department of Health. Are there any barriers to this new requirement that they can see and state? It needs to be known if this proposal impacts the DOH financially, and along with the DOH are there potential impacts to employers and health care in general?

 

·        Meetings must happen with the Department of Labor and Industries. These meetings must be of a collaborative nature to see what could be done about implementing this change.

 

·        Meetings must be held with the optometrists, the ophthalmologists, the chains and any and all  other parties that can be identified. These types of meetings must include ANY INTERESTED PARTIES.

 

·        Build and prepare legislation reflecting what has been learned by meeting with all interested parties.

 

How Long Will This All Take?

Best estimates range in the area of 8-12 years. This will allow time for all meetings to occur and all apprentices registered to finish out their allotted time under the current law.

 

How Would This Affect Current License Holders?

Any legislation would have to include a “grandfather” clause under which all current license holders would still continue to hold their licenses; basically, if this law were to pass, all current license holders would be unaffected by the change. The proposed change would only affect persons wishing to sit for the LDO exam after the law goes into effect, and not already enrolled as an apprentice.

 

How Much Money Do We Need To Make This Happen?

The best estimates put the cost of developing this legislation at approximately 50-55 thousand dollars per year for the time noted above, depending on the rapidity of the process. This amount should cover the cost of a lobbyist and PAC contributions. We do not need to have all the money in hand to begin the process! As far as money to fund this project, it is recommended that we should contact all national organizations, state organizations and the national federation of opticianry schools to present our mission and to ask for their financial support. THE AMOUNT NOTED IS A REASONABLE ESTIMATE OF THE COSTS OF ENACTING THIS LEGISLATION.

 

        This proposal, as noted near the beginning of this report, is going to take time, effort and money. Every optician in this state should be informed as to what is being proposed. If it is decided that this project should go forward, all opticians must understand what is being proposed, support the proposal and the outcome. It needs to be said that if we go ahead, every member of the OAW will need to become a “de facto” member of the committee and be prepared to work as needed to