Introduced Version
House Bill 2713 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2713
(By Delegates Poore, Marcum, Fleischauer and Eldridge.)
[Introduced February 25, 2013; referred to the
Committee on Health and Human Resources then the
Judiciary.]
A BILL to amend and reenact article 9, chapter 64 of the Code of
West Virginia, 1931, as amended, relating to authorizing the
Board of Optometry to promulgate a legislative rule relating
to expanded therapeutic procedures certificates.
Be it enacted by the Legislature of West Virginia:
That article 9, chapter 64 of the Code of West Virginia, 1931,
as amended, be amended and reenacted to read as follows:
ARTICLE 9. AUTHORIZATION FOR MISCELLANEOUS AGENCIES AND BOARDS TO
PROMULGATE LEGISLATIVE RULES.
§64-9-1. Board of Optometry.
The legislative rule filed in the State Register on the
thirty-first day of August, two thousand twelve, authorized under
the authority of section six, article eight, chapter thirty, of
this code, relating to the Board of Optometry (expanded therapeutic
procedures certificate,
14 CSR 12
), is authorized with the following amendment:
On page
one, by striking out everything after the series title
and inserting in lieu thereof the following:
"§14-12-1. General.
1.1. Scope. -- This rule establishes the requirements,
procedures and standards for the certification of a licensee to
perform expanded therapeutic procedures which are considered
rational to the diagnosis and treatment of the human eye and its
appendages.
1.2. Authority. -- W. Va. Code §30-8-6 and §30-8-9.
1.3. Filing Date. --
1.4. Effective Date. --
1.5. Purpose - This rule establishes the process for any
future legislative rule in which any proposed expanded or revised
scope of practice, through each specific expanded therapeutic
procedure, would be reviewed and approved for compliance on an
application for a sunrise review by the Performance Evaluation
Division of the Legislative Auditor's Office, in conformance with
W.Va. Code §30-1A-2
, before it is submitted to the Legislative Rule
Making Review Committee.
14-12-2. Definitions.
2.1. "Accredited Optometry School" means an optometry school
accredited by the Accreditation Council on Optometric Education or
its successor organization recognized by the U.S. Department of Education.
2.2. "Appendages" means the eyelids, the eyebrows, the
conjunctiva and the lacrimal apparatus.
2.3. "Board" means the West Virginia Board of Optometry.
2.4. "Certificate Holder" means a licensee who has met the
requirements of this rule and has been issued an Expanded
Therapeutic Procedures Certificate by the Board.
2.5. "Procedures," "Therapeutic Procedures" "Expanded
Therapeutic Procedures" or "Approved Procedures" are procedures
approved by the West Virginia Board of Optometry that meet the
criteria of this rule. All expanded therapeutic procedures must
meet the criteria listed in W.Va. Code, §30-8-6(14), which states
that all expanded therapeutic procedures shall be taught in at
least fifty percent (50%) of all optometry schools accredited by
the Accreditation Council on Optometric Education or its successor
organization recognized by the U.S. Department of Education.
§14-12-3. Application to Add an Expanded Therapeutic Procedure.
3.1. The Board may accept an application from any interested
party to add a therapeutic procedure or class of procedures for
certification of licensees. The application shall include:
3.1.1. The applicant or group's name, title, and form of
licensure, if applicable;
3.1.2. The address, telephone number, address and e-mail
address of the applicant or group;
3.1.3. The name and telephone number of a contact person to
discuss the application;
3.1.4. The name of the procedure or class of procedures that
is being requested for addition to therapeutic practice;
3.1.5. A statement of support for the procedure or class of
procedures proposed for regulation which has been signed by at
least ten residents or citizens of the State of West Virginia who
are licensed optometrists;
3.1.6. The estimated number of licensees who are represented
by the requesting person or group, if applicable;
3.1.7. A list of accredited optometry schools that are
teaching the expanded therapeutic procedure or class of procedures
and written documentation from each accredited school on the list
to the effect that each school is teaching the expanded therapeutic
procedure or class of procedures;
3.1.8. The names and contact information for the Dean of
Academic Affairs or his or her designee of each school the
applicant lists as teaching the expanded therapeutic procedure or
class of procedures; and
3.1.9. A definition of the problem which requires the
expansion of scope through the procedure or class of procedures
requested and the extent to which consumers need and will benefit
from licensees who are certified to practice the proposed
therapeutic procedure or class of procedures.
§14-12-4. The Board's Education Committee.
4.1. The application to approve a procedure or class of
procedures shall be referred to the Board's Education Committee.
4.2. The Board's Education Committee shall consist of at
least three Board members.
4.3. The Board's Education Committee may include additional
ex-officio members who are not be members of the Board to act as
consultants to the Board.
§14-12-5. Board's Education Committee Data Request.
5.1. The Board's Education Committee shall communicate in
writing with each optometry school accredited by the American
Council on Optometric Education or its successor approved by the
U.S. Department of Education which teach the proposed procedure or
class of procedures cited in the application. The request may be
sent to each optometry school's Dean of Academic Affairs or his or
her designee. The Board's Education Committee may enlist the
assistance of accrediting bodies or professional associations to
obtain this information. The request by the Board's Education
Committee shall include:
5.1.1. If the procedure or class of procedures are taught by
the optometry school; and
5.1.2. Additional information the Board determines necessary,
which may include, but not be limited to:
5.1.2.1. The methods of instruction used to teach the requested procedure or class of procedures; and
5.1.2.2. The clinical experience of each student or the
methods used to provide instruction for the proposed procedure or
class of procedures in a closely supervised environment.
§14-12-6. Board's Education Committee Report.
6.1. The Board's Education Committee shall evaluate the
responses from accredited optometry schools and confirm that 50% of
all accredited optometry schools teach the proposed therapeutic
procedure or class of procedures. If the Board's Education
Committee determines that less than fifty percent (50%) of the
accredited optometry schools teach the expanded therapeutic
procedure or class of procedures, it shall reject the proposed
procedure.
6.2. The Board's Education Committee shall prepare a list of
schools that teach the proposed procedure or class of procedures
and make it available to the public for inspection. The Board's
Education Committee may make the list available to the public
including, but not limited to, publication through the Board's web
site.
6.3. The Board's Education Committee may gather additional
information and make a recommendation to the Board for approval or
disapproval of the procedure or class of procedures. Based on the
sole determination as to whether the expanded therapeutic procedure
or class of procedures are taught at fifty (50%) or more of all accredited optometry schools and the sufficiency of the supported
documentation submitted by the applicant and gathered by the
Board's Education Committee. The recommendation shall include:
6.3.1. Proposed guidelines for training to ensure the
proficiency of optometrists certified in the procedure or class of
procedures. The recommendation may include the appropriate hours of
instruction required;
6.3.2. Treatment guidelines for the proposed procedure or
class of procedures; and
6.3.3. Methods of testing to be used to ensure that
optometrists certified to perform the requested procedure or class
of procedures are proficient in using the procedure or class of
procedures.
6.4. The Board shall hold a public hearing regarding the
recommendation of the Board's Education Committee if the Board's
Education Committee recommends that the proposed therapeutic
procedure or class of procedures be approved. The purpose of the
public hearing is to determine whether the documentation reviewed
and gathered by the Board's Education Committee is sufficient to
prove that the expanded therapeutic procedure is currently being
taught at fifty percent or more of all accredited optometry
schools. The Board shall allow those members of the public who wish
to speak solely to the sufficiency of the documentation submitted
by the applicant and evidence gathered by the Board's Education Committee. If, after the public hearing and review of the
recommendation, the Board determines that the documentation and
evidence is sufficient to demonstrate that fifty percent (50%) or
more of all accredited optometry schools currently teach the
expanded therapeutic procedure, the Board shall approve the
application. If the Board determines that the documentation and
evidence is not sufficient to demonstrate that fifty percent (50%)
or more of all accredited optometry schools currently teach the
expanded therapeutic procedure, the board shall reject the
application.
6.5. The Board's Education Committee shall review the list of
expanded therapeutic procedures or class of procedures that have
been approved pursuant to this process not less than once every two
years. In such review, the Board shall verify that each expanded
therapeutic procedure or class of procedures are still taught at
fifty percent (50%) or more of all accredited optometry schools.
If, upon such review, the Board finds that any expanded therapeutic
procedure or class of procedures is not taught at fifty percent
(50%) or more of all accredited optometry schools, the Board shall
remove the expanded therapeutic procedure or class of procedures
from the list of approved expanded therapeutic procedures.
§14-12-7. Public Access and Board Accountability.
7.1. The Board shall document and maintain a list for public
inspection of each approved expanded therapeutic procedure for each approved licensee. The list shall contain clinical educational and
treatment guidelines and the minimum number of clinical procedures
performed for each procedure by each licensee, as approved by the
Board.
§14-12-8. Certification Generally.
8.1. A licensee shall complete a Board approved application
and meet all requirements as listed in this rule in order to be
certified to perform expanded therapeutic procedures.
8.2. A licensee shall obtain injectable pharmaceutical agents
certification prior to application for certification to perform
expanded therapeutic procedures.
§14-12-9. Certification Requirements.
To be certified, a licensee shall:
9.1. Complete the required application form;
9.2. Submit proof of injectable pharmaceutical agents
certification;
9.3. Submit proof of attendance and satisfactory completion
of the required clinical education and treatment training in
expanded therapeutic procedures. The Board shall verify successful
completion of the approved clinical educational and treatment
training directly with the provider accredited school of optometry;
and
9.4. Submit the Expanded Therapeutic Procedures Fee as listed
in the Board's rule, Schedule of Fees, 14 CSR 5.
§14-12-10. Clinical Education and Training.
10.1. The Board shall accept clinical education and treatment
training for certification in expanded therapeutic procedures that
is provided by or through a school or college of optometry
accredited by the Accreditation Council on Optometric Education or
its successor organization.
10.2. The Board shall submit any expanded therapeutic
procedure on an application for a sunrise review by the Performance
Evaluation Division of the Legislative Auditor's Office, in
conformance with W.Va. Code
§30-1A-2, before it is filed with the
Legislative Rule Making Review Committee. The Board shall confirm
that each therapeutic procedure is actually performed as taught
through clinical educational and treatment training by optometry
students in at least fifty percent (50%) of all optometry schools
accredited by the Accreditation Council on Optometric Education or
its successor organization.
10.3. The Board may accept expanded therapeutic procedure
clinical educational and treatment training used to obtain
licensure for expanded therapeutic procedures from another state or
states: Provided, that the other state or states have requirements
that are substantially equivalent for each procedure to the
clinical educational and treatment training required by this state,
and that each procedure is documented to be currently taught
through clinical educational and treatment training in at least 50% of all accredited optometry schools.
10.4. Additional clinical education and treatment training
requirements shall be required by the Board and promulgated by a
rule, that includes the minimum number of specific procedures that
must be performed by each applicant for each expanded therapeutic
procedure, prior to certification. A complete log of each
procedure performed must be kept and submitted to the Board with
documentation that the applicant was supervised by an individual
licensed to perform each procedure.
§14-12-11. Certification.
11.1. Upon the licensee's successful completion of the
requirements listed in sections 9 through 10 of this rule and
approval by the Board, an expanded therapeutic procedures
certificate may be issued.
11.2. Upon issuance of the certificate, the licensee's
license number shall be changed. The license number shall be
followed by a dash and the initial "E" for expanded therapeutic
procedures.
§14-12-12. Treatment Guidelines.
12.1. A certificate holder may perform Board approved
expanded therapeutic procedures which are considered rational to
the diagnosis and treatment of the human eye or its appendages.
12.2. Any pharmaceutical agent which may be administered
while performing approved procedures shall be selected from the agents the certificate holder is authorized to prescribe or
administer under his or her topical, oral or injectable
pharmaceutical agents certification granted by W.Va. Code, §30-8-1,
et. seq. and the provisions of the Board's Rules, Oral
Pharmaceutical Certificate,
14 CSR 2, and Injectable
Pharmaceutical Agents Certificate
, 14 CSR 11;
12.3. The certificate holder shall follow all applicable
Occupational Safety and Health Administration (OSHA) and Centers
for Disease Control (CDC) guidelines pertaining to performance of
expanded therapeutic procedures.
12.4. The certificate holder shall adhere to generally
accepted standards of care and follow established clinical
guidelines for approved procedures. The certificate holder shall
monitor the patient for an adverse outcome and provide appropriate
follow up care for patients treated by expanded therapeutic
procedures. Any adverse outcome shall be reported to the Board by
the certificate holder.
§14-12-13. Recertification.
A certificate holder shall meet the following requirements for
recertification:
13.1. The certificate holder shall submit proof of current
certification in life support for the professional rescuer or for
medical providers from the American Red Cross or American Heart
Association or their successors.
13.2. The certificate holder shall submit proof of a minimum
of 2 hours of continuing clinical education instruction in
performing each expanded therapeutic procedures per two year
continuing education cycle as listed in the Board's Rule,
Continuing Education
14 CSR 10.
13.3. The certificate holder shall submit the Annual Renewal
fee as listed in the Board's Rule, Schedule of Fees, 14 CSR 5.
§14-12-14. Compliance with W. Va. Code §30-1A-2.
14.1 This rule requires the Board of Optometry to follow all
provisions of W. Va. Code, §30-1A-2."
NOTE: The purpose of this bill is to authorize the Board of
Optometry to promulgate a legislative rule relating to Expanded
Therapeutic Procedures Certificates.
This section is new; therefore, strike-throughs and
underscoring have been omitted.
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