title: RCW 18.52C.020

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Adult family home" means a residential home licensed pursuant to chapter 70.128 RCW.
(2) "Assisted living facility" means an assisted living facility licensed under chapter 18.20 RCW.
(3) "Enhanced services facility" means an enhanced services facility licensed under chapter 70.97 RCW.
(4) "Health care facility" means a nursing home, hospital, hospice care facility, home health care agency, hospice agency, assisted living facility, group home, or other entity for the delivery of health care or long-term care services, including chore services provided under chapter 74.39A RCW.
(5) "Health care personnel" means a registered nurse or licensed practical nurse as defined in chapter 18.79 RCW, a surgical technologist registered under chapter 18.215 RCW, a diagnostic radiologic technologist or cardiovascular invasive specialist certified under chapter 18.84 RCW, a respiratory care practitioner licensed under chapter 18.89 RCW, or a nursing assistant-certified as defined in RCW 18.88A.020 who is a temporary employee or a referred independent contractor of a nursing pool.
(6) "Hospital" means a facility licensed under chapter 70.41 or 71.12 RCW.
(7) "Long-term care personnel" means any person who qualifies as a long-term care worker as defined in RCW 49.95.010.
(8) "Nursing home" means any nursing home facility licensed pursuant to chapter 18.52 RCW.
(9) "Nursing pool" means any person engaged in the business of providing, procuring, or referring health care or long-term care personnel for temporary employment in health care facilities, such as licensed nurses or practical nurses, nursing assistants, and chore service providers. "Nursing pool" does not include an individual who only engages in providing his or her own services. "Nursing pool" does not include a hospital, clinic, nursing home, assisted living facility, enhanced services facility, or an adult family home that provides temporary staffing to its own organization.
(9) [(10)] "Person" includes an individual, firm, corporation, partnership, or association.
(10) [(11)] "Secretary" means the secretary of the department of health.
[ 2023 c 100 s 1. Prior: 2012 c 10 s 36; 2001 c 319 s 3; 1997 c 392 s 527; 1991 c 3 s 130; 1988 c 243 s 2.]
Notes:
Application—2012 c 10: See note following RCW 18.20.010.
Short title—Findings—Construction—Conflict with federal requirements—Part headings and captions not law—1997 c 392: See notes following RCW 74.39A.009.


doc_type: statute

jurisdiction: wa

title: RCW 18.52C.030

text:
(1) A person who operates a nursing pool shall register the pool with the secretary. Each separate location of the business of a nursing pool shall have a separate registration.
(2) In addition to the requirements in subsection (1) of this section, a person who operates a nursing pool that employs, procures, or refers health care or long-term care personnel for temporary employment in a hospital, nursing home, assisted living facility, enhanced services facility, or an adult family home as defined in RCW 18.52C.020 shall:
(a) Register the pool with the secretary annually; and
(b) Disclose corporate structure and ownership, if any, which the secretary shall make publicly available, as part of the annual registration process.
(3) The secretary shall establish administrative procedures, administrative requirements, and fees as provided in RCW 43.70.250 and 43.70.280. All fees or assessments levied by the state to cover the costs associated with this section shall be borne by the persons who operate nursing pools.
[ 2023 c 100 s 2; 1996 c 191 s 28; 1991 c 3 s 131; 1988 c 243 s 3.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Registration required.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 18.52C.040

text:
(1) The nursing pool shall document that each health care or long-term care personnel provided or referred to health care facilities currently meets the applicable minimum state credentialing requirements including, but not limited to: Licensure, certification, training, health requirements, and continuing education standards, for the health care or long-term care personnel's position in the health care facility.
(2) The nursing pool shall not require, as a condition of employment or referral, that employees or independent contractors of the nursing pool recruit new employees or independent contractors for the nursing pool from among the permanent employees of the health care facility to which the nursing pool employee or independent contractor has been assigned or referred.
(3) The nursing pool shall carry professional and general liability insurance to insure against any loss or damage occurring, whether professional or otherwise, as the result of the negligence of its employees, agents or independent contractors for acts committed in the course of their employment with the nursing pool: PROVIDED, That a nursing pool that only refers self-employed, independent contractors to health care facilities shall carry professional and general liability insurance to cover its own liability as a nursing pool which refers self-employed, independent contractors to health care facilities: AND PROVIDED FURTHER, That it shall require, as a condition of referral, that self-employed, independent contractors carry professional and general liability insurance to insure against loss or damage resulting from their own acts committed in the course of their own employment by a health care facility.
(4) The nursing pool shall provide the nursing home, assisted living facility, enhanced services facility, or adult family home written notice, at least 90 days in advance, of contract changes including, but not limited to, availability or charges for services, items, or activities.
(5) A nursing pool may not, in any contract with health care personnel or a nursing home, assisted living facility, enhanced services facility, or adult family home that lasts longer than 13 weeks, require the payment of liquidated damages, employment fees, or other compensation if health care or long-term care personnel is hired as a permanent employee by the nursing home, assisted living facility, enhanced services facility, or adult family home.
(6) Nursing pools shall provide to the secretary annually the average total hours worked and billed by nursing category and as aggregated by nursing home, assisted living facility, enhanced services facility, or adult family home facility type.
(7) The uniform disciplinary act, chapter 18.130 RCW, shall govern the issuance and denial of registration and the discipline of persons registered under this chapter. The secretary shall be the disciplinary authority under this chapter.
(8) The nursing pool shall conduct a background check on all health care and long-term care personnel as required under RCW 43.43.842 and 74.39A.056, and an exclusion verification as required under 42 U.S.C. Sec. 1320a-7, prior to employment or referral of the health care or long-term care personnel.
[ 2023 c 100 s 4; 1997 c 392 s 528; 1991 c 3 s 132; 1988 c 243 s 4.]
Notes:
Short title—Findings—Construction—Conflict with federal requirements—Part headings and captions not law—1997 c 392: See notes following RCW 74.39A.009.

catchline: Duties of nursing pool—Application of uniform disciplinary act—Background checks.


title: RCW 18.52C.050

text:
No state agency shall allow reimbursement for the use of temporary health care personnel from nursing pools that are not registered pursuant to this chapter: PROVIDED, That individuals directly retained by a health care facility without intermediaries may be reimbursed.
[ 1988 c 243 s 5.]

catchline: Registration prerequisite to state reimbursement.


title: RCW 18.52C.060

text:
(1) Nursing pools operating in Washington state shall report to the secretary annually the following information, at a minimum, by county in which the health care or long-term care personnel performed the work and by type of hospital, nursing home, assisted living facility, enhanced services facility, or adult family home:
(a) The average amount charged by the nursing pool for health care or long-term care personnel by license type;
(b) The average amount paid by the nursing pool to health care or long-term care personnel by license type;
(c) The average amount of labor-related costs paid by the nursing pool by health care or long-term care personnel license type, such as payroll taxes, workers' compensation insurance, professional liability coverage, credentialing, and other employee-related costs;
(d) The number of placements made within 25 miles and 50 miles of the health care or long-term care personnel's residence as identified in their employee tax information; and
(e) The total number of placements made by the nursing pool.
(2) The secretary shall produce an annual report to be made available on the department of health's website. The annual report shall include, at a minimum, the following information by county in which the health care or long-term care personnel performed the work and by type of hospital, nursing home, assisted living facility, enhanced services facility, or adult family home:
(a) The average amount charged by nursing pools for health care or long-term care personnel by license type;
(b) The average amount paid by the nursing pool to health care or long-term care personnel by license type;
(c) The average amount of labor-related costs paid by the nursing pool by health care or long-term care personnel license type, such as payroll taxes, workers' compensation insurance, professional liability coverage, credentialing, and other employee-related costs;
(d) The number of placements made within 25 miles and 50 miles of the health care or long-term care personnel's residence as identified in their employee tax information; and
(e) The total number of placements made by each registered nursing pool.
[ 2023 c 100 s 3.]

catchline: Disclosure of data—Annual reports.


title: RCW 18.52C.070

text:
(1) Beginning September 1, 2023, and annually thereafter, individuals that hold a multistate nurse license issued by a state other than Washington and are employed by a nursing pool shall complete any demographic data surveys required by the board of nursing in rule as a condition of employment.
(2) Individuals that hold a multistate nurse license issued by a state other than Washington and are employed by a nursing pool shall complete the suicide assessment, treatment, and management training required by RCW 43.70.442(5)(a) as a condition of employment.
(3) Nursing pools shall report to the board of nursing, within 30 days of employment, all nurses holding a multistate license issued by a state other than Washington and an attestation that the employees holding a multistate license issued by a state other than Washington have completed the tasks required under this section as a condition of employment.
(4) This section is subject to enforcement by the secretary.
[ 2023 c 123 s 31.]
Notes:
Short title—2023 c 123: See RCW 18.80.900.

catchline: Multistate nurse license—Conditions of employment.


title: RCW 18.53.005

text:
The legislature finds and declares that the practice of optometry is a learned profession and affects the health, welfare and safety of the people of this state, and should be regulated in the public interest and limited to qualified persons licensed and authorized to practice under the provisions of chapters 18.53 and 18.54 RCW.
[ 1981 c 58 s 1; 1975 1st ex.s. c 69 s 1.]

catchline: Legislative finding and declaration.


title: RCW 18.53.010

text:
(1) The practice of optometry is defined as the examination of the human eye, the examination and ascertaining any defects of the human vision system, and the analysis of the process of vision. The practice of optometry may include, but not necessarily be limited to, the following:
(a) The employment of any objective or subjective means or method, including the use of drugs, for diagnostic and therapeutic purposes by those licensed under this chapter and who meet the requirements of subsections (4) and (6) of this section, and the use of any diagnostic instruments or devices for the examination or analysis of the human vision system, the measurement of the powers or range of human vision, or the determination of the refractive powers of the human eye or its functions in general;
(b) The prescription and fitting of lenses, prisms, therapeutic or refractive contact lenses and the adaption or adjustment of frames and lenses used in connection therewith;
(c) The prescription and fitting of contact lenses for the purpose of altering refractive error or to treat eye disease;
(d) The prescription and provision of visual therapy, neuro-optometry rehabilitation, therapeutic aids, subnormal vision therapy, orthoptics, and other optical devices;
(e) The ascertainment of the perceptive, neural, muscular, or pathological condition of the visual system;
(f) The adaptation of prosthetic eyes;
(g) Ordering necessary diagnostic lab or imaging tests including, but not limited to, finger-stick testing and collecting samples for culturing;
(h) Dispensing of medication samples to initiate treatment is permitted; and
(i) Removal of nonpenetrating foreign bodies, debridement of tissue, epilation of misaligned eyelashes, placement of punctal or lacrimal plugs, including devices containing pharmaceutical agents implanted in the lacrimal system, dilation and irrigation of the lacrimal system, nonlaser light therapy, and placement of biologic membranes.
(2)(a) The practice of optometry may include the following advanced procedures:
(i) Common complication of the lids, lashes, and lacrimal systems;
(ii) Chalazion management, including injection and excision;
(iii) Injections, including intramuscular injections of epinephrine and subconjunctival and subcutaneous injections of medications;
(iv) Management of lid lesions, including intralesional injection of medications;
(v) Preoperative and postoperative care related to these procedures;
(vi) Use of topical and injectable anesthetics; and
(vii) Eyelid surgery, excluding any cosmetic surgery or surgery requiring the use of general anesthesia.
(b) An optometrist shall not perform any advanced procedures listed in this subsection until he or she receives a license endorsement issued by the optometry board. The board may not issue an endorsement unless the licensed optometrist meets the educational, training, and competence criteria set forth in this section.
(3) The practice of optometry does not include:
(a) Performing retinal laser procedures, laser-assisted in situ keratomileus, photorefractive keratectomy, laser epithelial keratomileusis, or any forms of refractive surgery, other than light adjustable lens procedures;
(b) Penetrating keratoplasty, corneal transplant, or lamellar keratoplasty;
(c) Administering intravenous or general anesthesia;
(d) Performing surgery with general anesthesia;
(e) Providing laser or nonlaser injections into the vitreous chamber of the eye to treat any macular or retinal disease;
(f) Performing surgery related to the removal of the eye from a living human being;
(g) Performing surgery requiring a full thickness incision or excision of the cornea or sclera other than paracentesis in an emergency situation requiring immediate reduction of the pressure inside of the eye;
(h) Performing surgery requiring incision of the iris and ciliary body, including iris diathermy or cryotherapy;
(i) Performing surgery requiring incision of the vitreous or retina;
(j) Performing surgical extraction of the crystalline lens;
(k) Performing surgical intraocular implants;
(l) Performing incisional or excisional surgery of the extraocular muscles;
(m) Performing surgery of the eyelid for malignancies or for incisional cosmetic or mechanical repair of blepharochalasis, ptosis, or tarsorrhaphy;
(n) Performing surgery of the bony orbit, including orbital implants;
(o) Performing incisional or excisional surgery of the lacrimal system other than lacrimal probing or related procedures;
(p) Performing surgery requiring full thickness conjunctivoplasty with graft or flap;
(q) Performing any surgical procedure that does not provide for the correction and relief of ocular abnormalities;
(r) Suturing;
(s) Providing an incision into the eyeball;
(t) Providing sub-tenon, retrobulbar, intraorbital, or botulinum toxin injection; or
(u) Performing pterygium surgery.
(4)(a) Those persons using topical and oral drugs for diagnostic and therapeutic purposes in the practice of optometry shall have a minimum of 60 hours of didactic and clinical instruction in general and ocular pharmacology as applied to optometry, as established by the optometry board, and certification from an institution of higher learning, accredited by those agencies recognized by the United States department of education or the council on higher education accreditation to qualify for certification by the optometry board of Washington to use drugs for diagnostic and therapeutic purposes.
(b) Those persons using or prescribing topical drugs for therapeutic purposes in the practice of optometry must be certified under (a) of this subsection, and must have an additional minimum of 75 hours of didactic and clinical instruction as established by the optometry board, and certification from an institution of higher learning, accredited by those agencies recognized by the United States department of education or the council on higher education accreditation to qualify for certification by the optometry board of Washington to use drugs for therapeutic purposes.
(c) Those persons using or prescribing drugs administered orally for diagnostic or therapeutic purposes in the practice of optometry shall be certified under (b) of this subsection, and shall have an additional minimum of 16 hours of didactic and eight hours of supervised clinical instruction as established by the optometry board, and certification from an institution of higher learning, accredited by those agencies recognized by the United States department of education or the council on higher education accreditation to qualify for certification by the optometry board of Washington to administer, dispense, or prescribe oral drugs for diagnostic or therapeutic purposes.
(d) Those persons administering epinephrine by injection for treatment of anaphylactic shock in the practice of optometry must be certified under (b) of this subsection and must have an additional minimum of four hours of didactic and supervised clinical instruction, as established by the optometry board, and certification from an institution of higher learning, accredited by those agencies recognized by the United States department of education or the council on higher education accreditation to qualify for certification by the optometry board to administer epinephrine by injection.
(e) Such course or courses shall be the fiscal responsibility of the participating and attending optometrist.
(f) All persons receiving their initial license under this chapter on or after January 1, 2007, must be certified under (a), (b), (c), and (d) of this subsection.
(5)(a) To receive a license endorsement to perform the advanced procedures listed in this section, a licensed optometrist must:
(i) Successfully complete postgraduate courses as designated by the optometry board that provide adequate training on those procedures. Any course that is offered by an institution of higher education accredited by those agencies recognized by the United States department of education or the council on higher education accreditation and approved by the optometry board to qualify for an endorsement to perform advanced procedures must contain supervised hands-on experience with live patients, or be supplemented by a residency, internship, or other supervised program that offers hands-on experience with live patients;
(ii) Successfully complete a national examination for advanced procedures, including the lasers and surgical procedures examination, injections skill examination, or other equivalent examination as designated by the optometry board; and
(iii) Enter into an agreement with a qualified physician licensed under chapter 18.71 RCW or an osteopathic physician licensed under chapter 18.57 RCW for rapid response if complications occur during an advanced procedure.
(b) Upon completion of the above listed requirements, proof of training shall be submitted to the optometry board for approval. No optometrist may perform the advanced procedures listed in subsection (2) of this section until they have received confirmation of the endorsement in writing.
(6) The optometry board shall establish a list of topical drugs for diagnostic and treatment purposes limited to the practice of optometry, and no person licensed pursuant to this chapter shall prescribe, dispense, purchase, possess, or administer drugs except as authorized and to the extent permitted by the optometry board.
(7) The optometry board must establish a list of oral Schedule III through V controlled substances and any oral legend drugs, with the approval of and after consultation with the pharmacy quality assurance commission. The optometry board may include Schedule II hydrocodone combination products consistent with subsection (9) of this section. No person licensed under this chapter may use, prescribe, dispense, purchase, possess, or administer these drugs except as authorized and to the extent permitted by the optometry board. To prescribe oral corticosteroids for more than seven days, an optometrist must consult with a licensed physician.
(a) The optometry board, with the approval of and in consultation with the pharmacy quality assurance commission, must establish, by rule, specific guidelines for the prescription and administration of drugs by optometrists, so that licensed optometrists and persons filling their prescriptions have a clear understanding of which drugs and which dosages or forms are included in the authority granted by this section.
(b) An optometrist may not prescribe, dispense, or administer a controlled substance for more than seven days in treating a particular patient for a single trauma, episode, or condition or for pain associated with or related to the trauma, episode, or condition.
(c) If treatment exceeding the limitation in (b) of this subsection is indicated, the patient must be referred to a physician licensed under chapter 18.71 RCW.
(d) The prescription or administration of drugs as authorized in this section is specifically limited to those drugs appropriate to treatment of diseases or conditions of the human eye and the adnexa that are within the scope of practice of optometry. The prescription or administration of drugs for any other purpose is not authorized by this section.
(8) The optometry board shall develop a means of identification and verification of optometrists certified to perform advanced procedures.
(9) Nothing in this chapter may be construed to authorize the use, prescription, dispensing, purchase, possession, or administration of any Schedule I or II controlled substance, except Schedule II hydrocodone combination products. The provisions of this subsection must be strictly construed.
(10) Nothing in this chapter may be construed to authorize optometrists to perform ophthalmic surgery. Ophthalmic surgery is defined as any invasive procedure in which human tissue is cut, ablated, or otherwise penetrated by incision, injection, laser, ultrasound, or other means, in order to: Treat human eye diseases; alter or correct refractive error; or alter or enhance cosmetic appearance. Nothing in this chapter limits an optometrist's ability to use diagnostic instruments utilizing laser or ultrasound technology. Ophthalmic surgery, as defined in this subsection, does not include the advanced procedures listed in subsection (2)(a) of this section, removal of superficial ocular foreign bodies, epilation of misaligned eyelashes, placement of punctal or lacrimal plugs, diagnostic dilation and irrigation of the lacrimal system, orthokeratology, prescription and fitting of contact lenses with the purpose of altering refractive error, or other similar procedures within the scope of practice of optometry.
(11) In a public health emergency, the state health officer may authorize licensed optometrists to administer inoculations for systemic health reasons.
(12)(a) Any optometrist authorized by the optometry board shall be permitted to purchase diagnostic pharmaceutical agents for use in the practice of optometry. Any optometrist authorized by the optometry board shall be permitted to prescribe therapeutic pharmaceutical agents in the practice of optometry. Optometrists authorized by the optometry board to purchase pharmaceutical agents shall obtain them from licensed wholesalers or pharmacists, using prescriptions or chart orders placed in the same or similar manner as any physician or other practitioner so authorized. Purchases shall be limited to those pharmaceutical agents specified in this section, based upon the authority conferred upon the optometrist by the optometry board consistent with the educational qualifications of the optometrist as established in this section.
(b) Diagnostic and therapeutic pharmaceutical agents are any prescription or nonprescription drug delivered via any route of administration used or prescribed for the diagnosis, treatment, or mitigation of abnormal conditions and pathology of the human eye and its adnexa. Diagnostic and therapeutic pharmaceutical agents do not include Schedule I and Schedule II drugs, except for hydrocodone combination products.
[ 2023 c 400 s 1; 2015 c 113 s 1; 2013 c 19 s 2; 2006 c 232 s 1; 2003 c 142 s 1; 1989 c 36 s 1; 1981 c 58 s 2; 1975 1st ex.s. c 69 s 2; 1919 c 144 s 1; RRS s 10147. Prior: 1909 c 235 s 1.]
Notes:
Severability—2003 c 142: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 2003 c 142 s 5.]

catchline: Definition—Scope of practice.


title: RCW 18.53.021

text:
It is a violation of RCW 18.130.190 for any person to practice optometry in this state without first obtaining a license from the secretary of health.
[ 1991 c 3 s 133; 1987 c 150 s 38.]
Notes:
Severability—1987 c 150: See RCW 18.122.901.

catchline: License required.


title: RCW 18.53.030

text:
The board may at its discretion, issue a permit to practice optometry during the interim between examinations, to any person who has filed an application for examination which has been accepted by the board as admitting the applicant to the next examination. Such permit shall be valid only until the date of the next examination and shall not be issued sooner than thirty days following any regular examination, and no permit shall be issued to any person who has failed before the board, nor where a certificate has been revoked.
[ 1986 c 259 s 80; 1919 c 144 s 8; RRS s 10153.]
Notes:
Severability—1986 c 259: See note following RCW 18.130.010.

catchline: Temporary permit—When issued.


title: RCW 18.53.035

text:
An applicant holding a credential in another state may be credentialed to practice in this state without examination if the board determines that the other state's credentialing standards are substantially equivalent to the standards in this state.
[ 1991 c 332 s 30.]
Notes:
Application to scope of practice—Captions not law—1991 c 332: See notes following RCW 18.130.010.

catchline: Credentialing by endorsement.


title: RCW 18.53.040

text:
Nothing in this chapter shall be construed to pertain in any manner to the practice of any regularly qualified oculist or physician, who is regularly licensed to practice medicine in the state of Washington, or to any person who is regularly licensed to practice as a dispensing optician in the state of Washington, nor to any person who in the regular course of trade, sells or offers for sale, spectacles or eyeglasses as regular merchandise without pretense of adapting them to the eyes of the purchaser, and not in evasion of this chapter: PROVIDED, That any such regularly qualified oculist or physician or other person shall be subject to the provisions of RCW 18.53.140 (9) through (14), in connection with the performance of any function coming within the definition of the practice of optometry as defined in this chapter: PROVIDED FURTHER, HOWEVER, That in no way shall this section be construed to permit a dispensing optician to practice optometry as defined in chapter 69, Laws of 1975 1st ex. sess.
[ 2000 c 171 s 19; 1975 1st ex.s. c 69 s 15; 1937 c 155 s 3; 1919 c 144 s 15; Rem. Supp. 1937 s 10159. Prior: 1909 c 235 s 13.]

catchline: Exemptions—Exceptions—Limitation.


title: RCW 18.53.050

text:
Every licensed optometrist shall renew his or her license by complying with administrative procedures, administrative requirements, and fees determined according to RCW 43.70.250 and 43.70.280.
[ 1996 c 191 s 29; 1991 c 3 s 134; 1985 c 7 s 51; 1983 c 168 s 8; 1981 c 277 s 8; 1975 1st ex.s. c 30 s 56; 1971 ex.s. c 266 s 10; 1955 c 275 s 1; 1919 c 144 s 13; RRS s 10158.]

catchline: License renewal.


title: RCW 18.53.060

text:
From and after January 1, 1940, in order to be eligible for examination for registration, a person shall have a preliminary education of or equal to four years in a state accredited high school and has completed a full attendance course in a regularly chartered school of optometry maintaining a standard which is deemed sufficient and satisfactory by the optometry board, who is a person of good moral character, who has a visual acuity in at least one eye, of a standard known as 20/40 under correction: PROVIDED, That from and after January 1, 1975, in order to be eligible for examination for a license, a person shall have the following qualifications:
(1) Be a graduate of a state accredited high school or its equivalent;
(2) Have a diploma or other certificate of completion from an accredited college of optometry or school of optometry, maintaining a standard which is deemed sufficient and satisfactory by the optometry board, conferring its degree of doctor of optometry or its equivalent, maintaining a course of four scholastic years in addition to preprofessional college-level studies, and teaching substantially all of the following subjects: General anatomy, anatomy of the eyes, physiology, physics, chemistry, pharmacology, biology, bacteriology, general pathology, ocular pathology, ocular neurology, ocular myology, psychology, physiological optics, optometrical mechanics, clinical optometry, visual field charting and orthoptics, general laws of optics and refraction and use of the ophthalmoscope, retinoscope and other clinical instruments necessary in the practice of optometry; and
(3) Be of good moral character.
Such person shall file an application for an examination and license with said board at any time thirty days prior to the time fixed for such examination, or at a later date if approved by the board, and such application must be on forms approved by the board, and properly attested, and if found to be in accordance with the provisions of this chapter shall entitle the applicant upon payment of the proper fee, to take the examination prescribed by the board. Such examination shall not be out of keeping with the established teachings and adopted textbooks of the recognized schools of optometry, and shall be confined to such subjects and practices as are recognized as essential to the practice of optometry. All candidates without discrimination, who shall successfully pass the prescribed examination, shall be registered by the board and shall, upon payment of the proper fee, be issued a license. Any license to practice optometry in this state issued by the secretary, and which shall be in full force and effect at the time of passage of chapter 69, Laws of 1975 1st ex. sess., shall be continued.
[ 2024 c 50 s 6; 1995 c 198 s 6; 1991 c 3 s 135; 1975 1st ex.s. c 69 s 4; 1937 c 155 s 1; 1919 c 144 s 5; Rem. Supp. 1937 s 10150. Prior: 1909 c 235 s 7. Formerly RCW 18.53.060 and 18.53.080.]
Notes:
Effective date—2024 c 50: See note following RCW 18.415.010.


title: RCW 18.53.070

text:
Administrative procedures, administrative requirements, and fees for issuing a license shall be determined as provided in RCW 43.70.250 and 43.70.280.
[ 1996 c 191 s 30; 1991 c 3 s 136; 1985 c 7 s 52; 1981 c 260 s 5. Prior: 1975 1st ex.s. c 69 s 5; 1975 1st ex.s. c 30 s 57; 1919 c 144 s 9; RRS s 10151; prior: 1909 c 235 s 7.]


title: RCW 18.53.100

text:
The following constitutes grounds for disciplinary action under chapter 18.130 RCW:
(1) Any form of fraud or deceit used in securing a license; or
(2) Any unprofessional conduct, of a nature likely to deceive or defraud the public; or
(3) The employing either directly or indirectly of any person or persons commonly known as "cappers" or "steerers" to obtain business; or
(4) To employ any person to solicit from house to house, or to personally solicit from house to house; or
(5) Advertisement in any way in which untruthful, improbable or impossible statements are made regarding treatments, cures or values; or
(6) The use of the term "eye specialist" in connection with the name of such optometrist; or
(7) Inability to demonstrate, in a manner satisfactory to the secretary or the board of optometry, their practical ability to perform any function set forth in RCW 18.53.010 which they utilize in their practice.
[ 1991 c 3 s 137; 1986 c 259 s 81; 1975 1st ex.s. c 69 s 6; 1919 c 144 s 11; RRS s 10156. Prior: 1909 c 235 ss 11, 12.]
Notes:
Savings—1986 c 259 ss 81 and 85: "The repeal of RCW 18.53.020 and the amendment of RCW 18.53.100 by this act shall not be construed as affecting any rights and duties which matured, penalties which were incurred, and proceedings which were begun before June 11, 1986." [ 1986 c 259 s 86.]
Severability—1986 c 259: See note following RCW 18.130.010.
False advertising: Chapter 9.04 RCW.
Violation of Uniform Controlled Substances Act—Suspension of license: RCW 69.50.413.

catchline: Disciplinary action—Grounds.


title: RCW 18.53.101

text:
The uniform disciplinary act, chapter 18.130 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter and chapter 18.54 RCW.
[ 1987 c 150 s 36; 1986 c 259 s 78.]
Notes:
Severability—1987 c 150: See RCW 18.122.901.
Severability—1986 c 259: See note following RCW 18.130.010.

catchline: Application of uniform disciplinary act.


title: RCW 18.53.140

text:
It shall be unlawful for any person:
(1) To sell or barter, or offer to sell or barter any license issued by the secretary; or
(2) To purchase or procure by barter any license with the intent to use the same as evidence of the holder's qualification to practice optometry; or
(3) To alter with fraudulent intent in any material regard such license; or
(4) To use or attempt to use any such license which has been purchased, fraudulently issued, counterfeited or materially altered as a valid license; or
(5) To practice optometry under a false or assumed name, or as a representative or agent of any person, firm or corporation with which the licensee has no connection: PROVIDED, Nothing in this chapter nor in the optometry law shall make it unlawful for any lawfully licensed optometrist or association of lawfully licensed optometrists to practice optometry under the name of any lawfully licensed optometrist who may transfer by inheritance or otherwise the right to use such name; or
(6) To practice optometry in this state either for him or herself or any other individual, corporation, partnership, group, public or private entity, or any member of the licensed healing arts without having at the time of so doing a valid license issued by the secretary of health; or
(7) To in any manner barter or give away as premiums either on his or her own account or as agent or representative for any other purpose, firm or corporation, any eyeglasses, spectacles, lenses or frames; or
(8) To use drugs in the practice of optometry, except as authorized under RCW 18.53.010; or
(9) To use advertising whether printed, radio, display, or of any other nature, which is misleading or inaccurate in any material particular, nor shall any such person in any way misrepresent any goods or services (including but without limitation, its use, trademark, grade, quality, size, origin, substance, character, nature, finish, material, content, or preparation) or credit terms, values, policies, services, or the nature or form of the business conducted; or
(10) To advertise the "free examination of eyes," "free consultation," "consultation without obligation," "free advice," or any words or phrases of similar import which convey the impression to the public that eyes are examined free or of a character tending to deceive or mislead the public, or in the nature of "bait advertising;" or
(11) To use an advertisement of a frame or mounting which is not truthful in describing the frame or mounting and all its component parts. Or advertise a frame or mounting at a price, unless it shall be depicted in the advertisement without lenses inserted, and in addition the advertisement must contain a statement immediately following, or adjacent to the advertised price, that the price is for frame or mounting only, and does not include lenses, eye examination and professional services, which statement shall appear in type as large as that used for the price, or advertise lenses or complete glasses, viz.: frame or mounting with lenses included, at a price either alone or in conjunction with professional services; or
(12) To use advertising, whether printed, radio, display, or of any other nature, which inaccurately lays claim to a policy or continuing practice of generally underselling competitors; or
(13) To use advertising, whether printed, radio, display or of any other nature which refers inaccurately in any material particular to any competitors or their goods, prices, values, credit terms, policies or services; or
(14) To use advertising whether printed, radio, display, or of any other nature, which states any definite amount of money as "down payment" and any definite amount of money as a subsequent payment, be it daily, weekly, monthly, or at the end of any period of time.
[ 2003 c 142 s 2; 1991 c 3 s 138; 1989 c 36 s 2; 1986 c 259 s 82; 1981 c 58 s 3; 1979 c 158 s 47; 1975 1st ex.s. c 69 s 7; 1945 c 78 s 1; 1935 c 134 s 1; 1919 c 144 s 7; Rem. Supp. 1945 s 10152. Cf. 1909 c 235 s 5.]
Notes:
Severability—2003 c 142: See note following RCW 18.53.010.
Severability—1986 c 259: See note following RCW 18.130.010.
False advertising: Chapter 9.04 RCW.
Violation of Uniform Controlled Substances Act—Suspension of license: RCW 69.50.413.

catchline: Unlawful acts.


title: RCW 18.53.145

text:
It shall be unlawful for any licensee subject to the provisions of chapter 18.53 RCW to advertise to the effect that benefits in the form of indemnity will accrue to subscribers of health care service contracts for services performed by the licensee for a subscriber when the licensee is neither a health care service contractor nor a participant. A violation of this section shall be punishable as provided in RCW 18.53.140(10).
[ 1969 c 143 s 2.]

catchline: Unlawful advertising of indemnity benefits.


title: RCW 18.53.150

text:
Any person violating this chapter is guilty of a misdemeanor.
[ 1986 c 259 s 83; 1919 c 144 s 22; RRS s 10163. Prior: 1909 c 235 s 12.]
Notes:
Severability—1986 c 259: See note following RCW 18.130.010.

catchline: Violations generally—Penalty.


title: RCW 18.53.160

text:
All agencies of the state and its subdivisions, and all commissions, clinics and boards administering relief, public assistance, public welfare assistance, social security, health insurance, or health service under the laws of this state, shall accept the services of licensed optometrists for any service covered by their licenses relating to any person receiving benefits from said agencies or subdivisions and shall pay for such services in the same way as practitioners of other professions may be paid for similar services. None of the said governmental agencies, or agents, officials or employees thereof, including the public schools, in the performance of their duties shall in any way show discrimination among licensed ocular practitioners.
[ 1949 c 149 s 1; Rem. Supp. 1949 s 9991a.]

catchline: Public aid ocular services—Discrimination prohibited.


title: RCW 18.53.165

text:
The legislature finds and declares that the costs of health care to the people are rising disproportionately to other costs and that there is a paramount concern that the right of the people to obtain access to health care in all its facets is being impaired thereby. For this reason, the reliance on the mechanism of insurance, whether profit or nonprofit, is the only effective manner in which the large majority of the people can attain access to quality health care, and it is therefore declared to be in the public interest that health care insurance be regulated to assure that all the people have access to health care rendered by whatever means, and to the greatest extent possible. RCW 18.53.165 through 18.53.190 and 18.53.901, prohibiting discrimination against the legally recognized and licensed profession of optometrists, is necessary in the interest of the public health, welfare and safety.
[ 1973 c 48 s 1.]

catchline: Discrimination prohibited—Legislative finding and declaration.


title: RCW 18.53.170

text:
Notwithstanding any other provision of law, the state and its political subdivisions shall accept the services of licensed optometrists for any service covered by their licenses with relation to any person receiving benefits, salaries, wages, or any other type of compensation from the state, its agencies or subdivisions.
[ 1973 c 48 s 2.]

catchline: Discrimination prohibited—Acceptance of services by state agencies and subdivisions.


title: RCW 18.53.175

text:
The state and its political subdivisions, and all officials, agents, employees, or representatives thereof, are prohibited from in any way discriminating against licensed optometrists in performing and receiving compensation for services covered by their licenses.
[ 1973 c 48 s 3.]

catchline: Discrimination prohibited—State agencies and subdivisions—Officials and employees.


title: RCW 18.53.180

text:
Notwithstanding any other provision of law, the state and its political subdivisions, and all officials, agents, employees, or representatives thereof, are prohibited from entering into any agreement or contract with any individual, group, association, or corporation which in any way, directly or indirectly, discriminates against licensed optometrists in performing and receiving compensation for services covered by their licenses.
[ 1973 c 48 s 4.]

catchline: Discrimination prohibited—Agreements or contracts by state and subdivisions.


title: RCW 18.53.185

text:
Notwithstanding any other provision of law, for the purpose of RCW 18.53.165 through 18.53.180 and 18.53.190 it is immaterial whether the cost of any policy, plan, agreement, or contract be deemed additional compensation for services, or otherwise.
[ 1973 c 48 s 5.]


title: RCW 18.53.190

text:
RCW 18.53.165 through 18.53.185 shall apply to all agreements, renewals, or contracts issued on or after June 7, 1973.
Health care service contracts having a participant agreement with a majority of the licensed optometrists within its service area may provide benefits to persons or groups of persons through contracts which allow a subscriber to utilize on an equal participation basis the services of any participant provided in the contract, and such contracts shall not be discriminatory.
[ 1975 1st ex.s. c 69 s 8; 1973 c 48 s 6.]

catchline: Discrimination prohibited—Application of law.


title: RCW 18.53.200

text:
The information and records of a licensed optometrist pertaining to a patient shall be privileged communications, the same as now or hereafter may exist in the relationship of physician and patient and shall not be released or subjected to disclosure without the consent of the patient or as otherwise required by law.
[ 1975 1st ex.s. c 69 s 14.]
Notes:
Privileged communications—Physician and patient: RCW 5.60.060.

catchline: Privileged communications.


title: RCW 18.53.210

text:
The optometry board may adopt rules under this section authorizing an inactive license status.
(1) An individual licensed under this chapter may place his or her license on inactive status. The holder of an inactive license must not practice optometry in this state without first activating the license.
(2) The inactive renewal fee must be established by the secretary under RCW 43.70.250. Failure to renew an inactive license shall result in cancellation of the inactive license in the same manner as an active license.
(3) An inactive license may be placed in an active status upon compliance with rules established by the optometry board.
(4) Provisions relating to disciplinary action against a person with a license are applicable to a person with an inactive license, except that when disciplinary proceedings against a person with an inactive license have been initiated, the license will remain inactive until the proceedings have been completed.
[ 2006 c 232 s 2.]

catchline: Inactive license status.


title: RCW 18.53.900

text:
This act shall be known, and may be referred to as, "The Optometry Law".
[ 1919 c 144 s 20.]

catchline: Short title—1919 c 144.


title: RCW 18.53.901

text:
If any provision of this 1973 act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected.
[ 1973 c 48 s 7.]

catchline: Severability—1973 c 48.


title: RCW 18.53.920

text:
All acts and parts of acts inconsistent with this act are hereby repealed.
[ 1919 c 144 s 19.]

catchline: Repeal—1919 c 144.


title: RCW 18.54.010

text:
Unless the context clearly indicates otherwise, the terms used in this chapter take their meanings as follows:
(1) "Board" means the optometry board;
(2) "License" means a certificate or permit to practice optometry as provided in *RCW 18.53.020 as amended from time to time;
(3) "Members" means members of the optometry board.
[ 1963 c 25 s 1.]
Notes:
*Reviser's note: RCW 18.53.020 was repealed by 1986 c 259 s 85.

catchline: Definitions.


title: RCW 18.54.020

text:
The examining committee, heretofore created pursuant to RCW 43.24.060, is reorganized and reconstituted as the optometry board.
[ 1963 c 25 s 2.]
Notes:
RCW 43.24.060 and 43.24.120 not applicable to optometry: RCW 18.54.920.

catchline: Examining committee reconstituted as optometry board.


title: RCW 18.54.030

text:
The initial composition of the optometry board includes the three members of the examining committee for optometry plus two more optometrists to be appointed by the governor.
The governor must make all appointments to the optometry board. Only optometrists who are residents of this state, having been licensed to practice and practicing optometry in this state for a period of at least four years immediately preceding the effective date of appointment, and who have no connection with any optical supply business may be appointed.
All appointments are for three years.
In addition to the members specified in this section, the governor shall appoint a consumer member of the board, who shall serve for a term of three years.
In the event that a vacancy occurs on the board in the middle of an appointee's term, the governor must appoint a successor for the unexpired portion of the term only.
[ 2022 c 240 s 23; 2011 c 336 s 489; 1984 c 279 s 54; 1963 c 25 s 3.]
Notes:
Severability—1984 c 279: See RCW 18.130.901.


title: RCW 18.54.040

text:
The board must elect a chair and secretary from its members, to serve for a term of one year or until their successors are elected and qualified.
[ 2011 c 336 s 490; 1963 c 25 s 4.]

catchline: Officers.


title: RCW 18.54.050

text:
The board must meet at least once yearly or more frequently upon call of the chair or the secretary of health at such times and places as the chair or the secretary of health may designate by giving three days' notice or as otherwise required by RCW 42.30.075. A full record of the board's proceedings shall be kept in the office of the board and shall be open to inspection at all reasonable times.
[ 2023 c 400 s 2; 2011 c 336 s 491; 1991 c 3 s 139; 1989 c 175 s 65; 1979 c 158 s 48; 1975 1st ex.s. c 69 s 9; 1963 c 25 s 5.]
Notes:
Effective date—1989 c 175: See note following RCW 34.05.010.

catchline: Meetings.


title: RCW 18.54.060

text:
A majority of the board members appointed and serving constitutes a quorum for the transaction of board business. The affirmative vote of a majority of a quorum of the board is required to carry a motion or resolution, to adopt a rule, or to pass a measure.
[ 2022 c 240 s 24; 1963 c 25 s 6.]

catchline: Quorum.


title: RCW 18.54.070

text:
The board has the following powers and duties:
(1) To develop and administer, or approve, or both, a licensure examination. The board may approve an examination prepared or administered by a private testing agency or association of licensing authorities.
(2) The board shall adopt rules and regulations to promote safety, protection, and the welfare of the public, to carry out the purposes of this chapter, to aid the board in the performance of its powers and duties, and to govern the practice of optometry. The administrative regulations shall include the classification and licensure of optometrists by examination or credentials, retirement of a license, and reinstatement of a license.
(3) The board shall have the authority to provide rule making regarding the allowable procedures and their educational requirements within the confines of this chapter and chapter 18.53 RCW.
(4) The board shall keep a register containing the name, address, license number, email, and phone number of every person licensed to practice optometry in this state to the best of their ability.
[ 2023 c 400 s 3; 1995 c 198 s 7; 1991 c 3 s 140; 1986 c 259 s 84; 1979 c 158 s 49; 1975 1st ex.s. c 69 s 10; 1963 c 25 s 7.]
Notes:
Severability—1986 c 259: See note following RCW 18.130.010.

catchline: Powers and duties—Licensure procedures—Register—Rules.


title: RCW 18.54.076

text:
The uniform disciplinary act, chapter 18.130 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter and chapter 18.53 RCW.
[ 1987 c 150 s 37; 1986 c 259 s 79.]
Notes:
Severability—1987 c 150: See RCW 18.122.901.
Severability—1986 c 259: See note following RCW 18.130.010.

catchline: Application of uniform disciplinary act.


title: RCW 18.54.090

text:
The board is an administrative agency of the state of Washington, and the provisions of the administrative procedure act, chapter 34.05 RCW as amended from time to time, govern the conduct and proceedings of the board. Nothing in this chapter shall be construed to give the board the power to set or recommend a minimum schedule of fees to be charged by licensed optometrist.
[ 1963 c 25 s 9.]

catchline: Administrative procedures—Minimum fees.


title: RCW 18.54.130

text:
Members of the board are entitled to receive their travel expenses in accordance with RCW 43.03.050 and 43.03.060. Each member of the board will also be compensated in accordance with RCW 43.03.265. The board is designated as a class five group for purposes of chapter 43.03 RCW.
[ 2022 c 240 s 25; 1984 c 287 s 41; 1975-'76 2nd ex.s. c 34 s 39; 1967 c 188 s 3; 1963 c 25 s 13.]
Notes:
Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.

catchline: Compensation and travel expenses of members.


title: RCW 18.54.140

text:
Notwithstanding any other provisions of law, rule or regulation, the board may draw from the health professions account on vouchers approved by the secretary of health, so much money as is necessary to carry into effect, to administer, and to enforce the provisions of this chapter.
[ 1991 c 3 s 141; 1983 c 168 s 9; 1979 c 158 s 50; 1975 1st ex.s. c 69 s 12; 1963 c 25 s 14.]
Notes:
Health professions account: RCW 43.70.320.

catchline: Board may draw from health professions account.


title: RCW 18.54.150

text:
All powers previously vested in the director of licenses under the provisions of RCW 18.53.100 are vested in the optometry board.
[ 1963 c 25 s 15.]

catchline: Devolution of powers relating to revocation of certificates.


title: RCW 18.54.800

text:
(1) The board shall develop a process for an optometrist that has received an endorsement to perform advanced procedures authorized under RCW 18.53.010 to submit information to the board on the outcome, including any complication or adverse event, of every advanced procedure that the optometrist completed in the previous year. An optometrist with a license endorsement must file this information in the manner determined by the board at the time of license renewal. All information submitted under this subsection is confidential and may not be disclosed under chapter 42.56 RCW.
(2) By December 1, 2024, and annually thereafter, the board in coordination with the department of health must analyze and report on the outcomes of the advanced procedures authorized in RCW 18.53.010 during the previous year. The report should include any complications or adverse events related to the performance of advanced procedures. The data should be aggregated and not identify any individual provider or facility and may not reveal any confidential information. The department of health must make this report publicly available on its website.
(3) This section expires December 31, 2028.
[ 2023 c 400 s 4.]

catchline: Outcomes of advanced procedures—Report. (Expires December 31, 2028.)


title: RCW 18.54.900

text:
This act may be known and cited as the "optometry board act."
[ 1963 c 25 s 16.]

catchline: Short title.


title: RCW 18.54.920

text:
The provisions of RCW 43.24.060 and 43.24.120 are not applicable to the licensing and regulation of the practice of optometry.
[ 1999 c 240 s 6; 1963 c 25 s 18.]
Notes:
Examining committee reconstituted as optometry board: RCW 18.54.020.

catchline: RCW 43.24.060 and 43.24.120 not applicable to optometry.


title: RCW 18.55.007

text:
No person may practice or represent himself or herself as an ocularist without first having a valid license to do so.
[ 1987 c 150 s 40.]
Notes:
Severability—1987 c 150: See RCW 18.122.901.

catchline: License required.


title: RCW 18.55.010

text:
(1) Nothing in this chapter shall:
(a) Be construed to limit or restrict a duly licensed physician or employees working under the personal supervision of a duly licensed physician from the practices enumerated in this chapter;
(b) Be construed to prohibit an unlicensed person from performing mechanical work upon inert matter in an ocularist's office or laboratory;
(c) Be construed to authorize or permit a licensee under this chapter to hold himself or herself out as being able to, or to offer to, or to undertake to attempt, by any manner of means, to examine or exercise eyes, or diagnose, treat, correct, relieve, operate, or prescribe for disease or any visual deficiency.
(2) Each practitioner duly licensed pursuant to chapters 18.53, 18.57, and 18.71 RCW shall have all the rights and privileges which may accrue under this chapter to ocularists licensed under this chapter.
[ 1980 c 101 s 1.]

catchline: Licensing—Exemptions—Limitations.


title: RCW 18.55.015

text:
The legislature finds it necessary to regulate the practice of ocularist to protect the public health, safety, and welfare. The legislature intends that only individuals who meet and maintain minimum standards of competence and conduct may provide service to the public.
[ 1991 c 180 s 1.]

catchline: Intent.


title: RCW 18.55.020

text:
The terms defined in this section shall have the meaning ascribed to them wherever appearing in this chapter, unless a different meaning is specifically used to such term in such statute.
(1) "Department" means the department of health.
(2) "Secretary" means the secretary of health.
(3) "Ocularist" means a person licensed under this chapter.
(4) "Apprentice" means a person designated an apprentice in the records of the secretary to receive from a licensed ocularist training and direct supervision in the work of an ocularist.
(5) "Stock-eye" means an ocular stock prosthesis that has not been originally manufactured or altered by the ocularist or service provider selling or fitting, or both, said prosthesis to a patient or customer. "Altered" means either taking away or adding materials, or colorization, or otherwise changing the prosthesis' appearance, function, or fit in the socket or on the implant of the patient or customer.
(6) "Modified stock-eye" means a stock-eye that has been altered in some manner by the ocularist or service provider selling or fitting, or both, said prosthesis to a patient or customer. "Altered" is as defined in subsection (5) of this section. A modified stock-eye cannot be defined as either a "custom" or "impression-fitted" eye or prosthesis by adding material that incorporates an impression-surface of the patient or customer socket or implant surfaces.
(7) "Custom-eye" means an original, newly manufactured eye or prosthesis that has been specifically crafted by an ocularist or authorized service provider for the patient or customer to whom it is sold or provided. The "custom-eye" may be either an impression-fitted eye (an impression of the socket or implant surfaces) or an empirical/wax pattern-fitted method eye, or a combination of either, as delineated in the ocularist examination.
[ 1994 sp.s. c 9 s 504; 1991 c 180 s 2; (1991 c 3 s 142 repealed by 1991 sp.s. c 11 s 2); 1980 c 101 s 2.]
Notes:
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.

catchline: Definitions.


title: RCW 18.55.030

text:
The secretary shall determine administrative procedures, administrative requirements, and fees for licenses and renewals as provided in RCW 43.70.250 and 43.70.280.
[ 1996 c 191 s 31; 1991 c 3 s 143; 1980 c 101 s 3.]

catchline: Licenses—Renewal.


title: RCW 18.55.040

text:
No applicant shall be licensed under this chapter until the applicant complies with administrative procedures, administrative requirements, and fees determined by the secretary according to RCW 43.70.250 and 43.70.280. Qualifications must require that the applicant:
(1) Is eighteen years or more of age;
(2) Has graduated from high school or has received a high school equivalency certificate as provided in RCW 28B.50.536;
(3) Is of good moral character; and
(4)(a) Had at least ten thousand hours of apprenticeship training under the direct supervision of a licensed ocularist; or
(b) Successfully completed a prescribed course in ocularist training programs approved by the secretary; or
(c) Has had at least ten thousand hours of apprenticeship training under the direct supervision of a practicing ocularist, or has the equivalent experience as a practicing ocularist, or any combination of training and supervision, not in the state of Washington; and
(5) Successfully passes an examination conducted or approved by the secretary.
[ 2013 c 39 s 2; 1996 c 191 s 32; 1991 c 180 s 4; (1991 c 3 s 144 repealed by 1991 sp.s. c 11 s 2); 1985 c 7 s 53; 1980 c 101 s 4.]


title: RCW 18.55.043

text:
An applicant with military training or experience satisfies the training or experience requirements of this chapter unless the secretary determines that the military training or experience is not substantially equivalent to the standards of this state.
[ 2011 c 32 s 3.]

catchline: Licensing requirements—Military training or experience.


title: RCW 18.55.045

text:
The secretary may approve an examination prepared or administered by a private testing agency or association of licensing authorities. The examination shall determine if the applicant has a thorough knowledge of the principles governing the practice of an ocularist.
[ 1991 c 180 s 5.]

catchline: Examination.


title: RCW 18.55.050

text:
Every individual licensed or registered under this chapter shall comply with administrative procedures, administrative requirements, and fees determined by the secretary, as provided by RCW 43.70.250 and 43.70.280 to renew his or her license.
[ 1996 c 191 s 33; 1991 c 180 s 6; (1991 c 3 s 145 repealed by 1991 sp.s. c 11 s 2); 1985 c 7 s 54; 1980 c 101 s 7.]

catchline: Licenses or registrations—Renewal.


title: RCW 18.55.060

text:
(1) A person wishing to work as an apprentice ocularist shall submit to the secretary the registration fee and completed application form signed by the applicant and the licensed ocularist who shall be responsible for the acts of the apprentice in the performance of his or her work in the apprenticeship program.
(2) Apprentices shall complete their ten thousand hours of apprenticeship within eight years and shall not work longer as an apprentice unless the secretary determines, after a hearing, that the apprentice was prevented by causes beyond his or her control from completing the apprenticeship and becoming a licensee hereunder in eight years.
(3) No licensee under this chapter may have more than two apprentices in training at one time.
[ 1991 c 180 s 7; 1991 c 3 s 146; 1980 c 101 s 5.]
Notes:
Reviser's note: This section was amended by 1991 c 3 s 146 and by 1991 c 180 s 7, each without reference to the other. Both amendments are incorporated in the publication of this section pursuant to RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).

catchline: Apprentices.


title: RCW 18.55.066

text:
The uniform disciplinary act, chapter 18.130 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter.
[ 1987 c 150 s 39; 1986 c 259 s 89.]
Notes:
Severability—1987 c 150: See RCW 18.122.901.
Severability—1986 c 259: See note following RCW 18.130.010.

catchline: Application of uniform disciplinary act.


title: RCW 18.55.075

text:
An ocularist designs, fabricates, and fits ocular prosthetic appliances. An ocularist is authorized to perform the necessary procedures to provide an ocular prosthetic service for the patient in the ocularist's office or laboratory on referral of a physician. A referral is not required for the replacement of an ocular prosthetic appliance. The ocularist is authorized to make judgment on the needed care, replacement, and use of an ocular prosthetic appliance. The ocularist is authorized to design, fabricate, and fit human prosthetics in the following categories:
(1) Stock and custom prosthetic eyes;
(2) Stock and custom therapeutic scleral shells;
(3) Stock and custom therapeutic painted iris shells;
(4) External orbital and facial prosthetics; and
(5) Ocular conformers: PROVIDED, That nothing herein shall be construed to allow the fitting or fabricating of contact lenses.
[ 1991 c 180 s 3.]

catchline: Scope of practice.


title: RCW 18.55.085

text:
An ocularist or authorized service provider shall explain to patients or customers exactly which type of prosthesis or service they are receiving or purchasing. Failure to do so, or misrepresentation of said services, constitutes unprofessional conduct under this chapter and chapter 18.130 RCW.
[ 1991 c 180 s 9.]

catchline: Unprofessional conduct.


title: RCW 18.55.095

text:
In addition to any other authority provided by law, the secretary may:
(1) Adopt rules in accordance with chapter 34.05 RCW necessary to implement this chapter;
(2) Establish forms necessary to administer this chapter;
(3) Issue a license to any applicant who has met the education, training, and examination requirements for licensure and deny a license to applicants who do not meet the minimum qualifications for licensure. Proceedings concerning the denial of licenses based on unprofessional conduct or impaired practice shall be governed by the uniform disciplinary act, chapter 18.130 RCW;
(4) Employ clerical, administrative, and investigative staff as needed to implement and administer this chapter and hire individuals, including those licensed under this chapter, to serve as examiners or consultants as necessary to implement and administer this chapter;
(5) Maintain the official departmental record of all applicants and licensees;
(6) Determine the minimum education and experience requirements for licensure, including but not limited to approval of educational programs;
(7) Prepare and administer or approve the preparation and administration of examinations for licensure; and
(8) Establish and implement by rule a continuing competency program.
[ 1991 c 180 s 8.]

catchline: Authority of secretary.


title: RCW 18.55.105

text:
An applicant holding a credential in another state may be credentialed to practice in this state without examination if the secretary determines that the other state's credentialing standards are substantially equivalent to the standards in this state.
[ 1991 c 180 s 12.]

catchline: Out-of-state applicants.


title: RCW 18.56.010

text:
(1) The legislature recognizes the importance of allowing licensed practitioners to use their professional judgment, based on their education, training, and expertise, to determine the appropriate use of current and future technologies to enhance patient care. Guidelines for providing health care services through remote technology have been addressed by the medical community, and the legislature intends to complement and clarify those guidelines with respect to using remote technology to provide prescriptions for corrective lenses.
(2) The legislature also recognizes that health care consumers, including eye health care consumers, can benefit from developments in technology that offer advantages such as increased convenience or increased speed in delivery of services. However, the legislature recognizes that health care consumers can be misled or harmed by the use of developments in technology that are not properly supervised by qualified providers.
(3) The legislature recognizes that the use of technology that permits a consumer to submit data to an entity for the purposes of obtaining a prescription for corrective lenses, including contact lenses, may fail to detect serious eye health issues resulting in permanent vision loss if the patient is not also receiving comprehensive eye care according to standard of care.
(4) Therefore, the legislature concludes that consumers should be protected from improper or unsupervised use of technology for purposes of obtaining a prescription for corrective lenses, without unduly restricting the development and implementation of technology and without unduly restricting licensed practitioners from using such technology where appropriate.
[ 2020 c 241 s 2.]
Notes:
Short title—2020 c 241: "This act may be known and cited as the consumer protection in eye care act." [ 2020 c 241 s 1.]


title: RCW 18.56.020

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Contact lens" means any lens placed directly on the surface of the eye, regardless of whether or not it is intended to correct a visual defect. Contact lens includes, but is not limited to, cosmetic, therapeutic, and corrective lenses that are a federally regulated medical device.
(2) "Corrective lenses" means any lenses, including lenses in spectacles and contact lenses, that are manufactured in accordance with the specific terms of a valid prescription for an individual patient for the purpose of correcting the patient's refractive or binocular error.
(3) "Department" means the department of health.
(4) "Diagnostic information and data" mean any and all information and data, including but not limited to photographs and scans, generated by or through the use of any remote technology.
(5) "Patient-practitioner relationship" means the relationship between a provider of medical services, the practitioner, and a receiver of medical services, the patient, based on mutual understanding of their shared responsibility for the patient's health care.
(6) "Prescription" means the written or electronic directive from a qualified provider for corrective lenses and consists of the refractive power as well as contact lens parameters in the case of contact lens prescriptions.
(7) "Qualified provider" means a physician licensed under chapter 18.71 RCW or an osteopathic physician licensed under chapter 18.57 RCW practicing ophthalmology, or a person licensed under chapter 18.53 RCW to practice optometry.
(8) "Remote qualified provider" means any qualified provider who is not physically present at the time of the examination.
(9) "Remote technology" means any automated equipment or testing device and any application designed to be used on or with a phone, computer, or internet-based device that is used without the physical presence and participation of a qualified provider that generates data for purposes of determining an individual's refractive error. Remote technology does not include the use of telemedicine as defined in RCW 48.43.735 for purposes other than determining an individual's refractive error.
(10) "Spectacles" means any device worn by an individual that has one or more lenses through which the wearer looks. Spectacles are commonly known and referred to as glasses, and may include cosmetic or corrective lenses.
(11) "Standard of care" means those standards developed and defined by the American academy of ophthalmology preferred practice pattern "Comprehensive Adult Medical Eye Evaluation" (Appendix 1), as the preferred practice pattern existed on June 11, 2020.
(12) "Standard of care for contact lenses" means the frequency of eye examinations as recommended for contact lens wearers in the American academy of ophthalmology publication "Refractive Errors & Refractive Surgery Preferred Practice Pattern" (Appendix 2), as the preferred practice pattern existed on June 11, 2020.
[ 2020 c 241 s 3.]
Notes:
Short title—2020 c 241: See note following RCW 18.56.010.


title: RCW 18.56.030

text:
A qualified provider may prepare a prescription for corrective lenses intended to correct an individual's refractive error by remote technology if:
(1) The prescribing qualified provider is held to the same standard of care applicable to qualified providers providing corrective lens prescriptions in traditional in-person clinical settings;
(2) A patient-practitioner relationship is clearly established by the qualified provider agreeing to provide a corrective lens prescription, whether or not there was an in-person encounter between the parties. The parameters of the patient-practitioner relationship for the use of remote technology must mirror those that would be expected for similar in-person encounters to provide corrective lens prescriptions;
(3) The remote technology is only offered to patients who meet appropriate screening criteria. A review of the patient's medical and ocular history that meets standard of care is required to determine who may or may not be safely treated with refraction without a concurrent comprehensive eye exam. Patients must also be informed that a refraction alone, whether utilizing remote technology or in person, does not substitute for a comprehensive eye exam;
(4) Continuity of care is maintained. Continuity of care requires but is not limited to:
(a) A qualified provider addressing an adverse event that occurs as a result of the prescription written by the qualified provider by:
(i) Being available to address the patient's vision or medical condition directly, either in-person or remotely, if it is possible to address the adverse event remotely;
(ii) Having an agreement with another qualified provider or licensed medical provider who is available to address the patient's vision or medical condition, either in-person or remotely; or
(iii) Referring the patient to a qualified provider or licensed medical provider who is capable of addressing the patient's condition;
(b) Retaining patient exam documentation for a minimum of ten years and retaining communication between the remote qualified provider who evaluated the patient and prescribed corrective lenses and any applicable providers as they normally would in an in-person setting; and
(5) When prescribing for contact lenses, the examination of the eyes is performed in accordance with the standard of care and standard of care for contact lenses. The components of the eye examination, if done remotely, must be to the same evaluation and standard of care the qualified provider would typically do in an in-person setting for the same condition. If the eye examination is performed by someone other than the prescribing qualified provider, the prescribing qualified provider must obtain written, faxed, or electronically communicated affirmative verification of the results of that eye examination from the provider who performed the examination. The absence of receipt of affirmative verification within any specified time period cannot be used as presumed affirmative verification.
[ 2020 c 241 s 4.]
Notes:
Short title—2020 c 241: See note following RCW 18.56.010.

catchline: Use of remote technology for corrective lens prescriptions.


title: RCW 18.56.040

text:
It is unlawful for any person to offer or otherwise make available to consumers in this state remote technology under this chapter without fully complying with the following:
(1) The remote technology must be approved by the United States food and drug administration when applicable;
(2) The remote technology must be designed and operated in a manner that provides any accommodation required by the Americans with disabilities act of 1990, 42 U.S.C. Sec. 12101 et seq. when applicable;
(3) The remote technology, when used for the collection and transmission of diagnostic information and data, must gather and transmit any protected health information in compliance with the federal health insurance portability and accountability act of 1996 and related regulations;
(4) The remote technology, when used for the collection and transmission of diagnostic information and data, may only transmit the diagnostic information and data to a qualified provider, their staff, contracted support staff, or another licensed health care provider for the purposes of collaboration in providing care to the patient. When diagnostic information and data are collected and transmitted through remote technology, that information must be read and interpreted by a qualified provider in order to release a corrective lens prescription to the patient or other entity. Contracted support staff must comply with all requirements of this chapter. Contract support staff and the supervising provider retain personal and professional responsibility for any violation of this chapter by the contracted support staff; and
(5) The owner, lessee, or operator of the remote technology must maintain liability insurance in an amount reasonably sufficient to cover claims which may be made by individuals diagnosed or treated based on information and data by the automated equipment, including but not limited to photographs and scans.
[ 2020 c 241 s 5.]
Notes:
Short title—2020 c 241: See note following RCW 18.56.010.

catchline: Remote technology standards for use.


title: RCW 18.56.050

text:
The department shall adopt any rules necessary to implement this chapter.
[ 2020 c 241 s 7.]
Notes:
Short title—2020 c 241: See note following RCW 18.56.010.

catchline: Rule making.


title: RCW 18.57.001

text:
As used in this chapter:
(1) "Board" means the Washington state board of osteopathic medicine and surgery;
(2) "Department" means the department of health;
(3) "Maintenance of certification" means the satisfactory participation in a formal recertification program to maintain board certification after initial certification from the American osteopathic association bureau of osteopathic specialists, the American board of medical specialties, or other accrediting organization recognized by the board;
(4) "Osteopathic medicine and surgery" means the use of any and all methods in the treatment of disease, injuries, deformities, and all other physical and mental conditions in and of human beings, including the use of osteopathic manipulative therapy; and
(5) "Secretary" means the secretary of health.
[ 2018 c 211 s 3; 1996 c 178 s 2; 1991 c 160 s 1; 1991 c 3 s 147; 1979 c 117 s 1.]
Notes:
Effective date—1996 c 178: See note following RCW 18.35.110.


title: RCW 18.57.003

text:
There is hereby created an agency of the state of Washington, consisting of eleven individuals appointed by the governor to be known as the Washington state board of osteopathic medicine and surgery.
On expiration of the term of any member, the governor shall appoint for a period of five years a qualified individual to take the place of such member. Each member shall hold office until the expiration of the term for which such member is appointed or until a successor shall have been appointed and shall have qualified. Initial appointments shall be made and vacancies in the membership of the board shall be filled for the unexpired term by appointment by the governor.
Each member of the board shall be an actual resident of this state. Two members must be consumers who have neither a financial nor a fiduciary relationship to a health care delivery system, and every other member must have been in active practice as a licensed osteopathic physician and surgeon in this state for at least five years immediately preceding appointment.
The board shall elect a chairperson and a vice chairperson from its members. Meetings of the board shall be held at least four times a year and at such place as the board shall determine and at such other times and places as the board deems necessary.
A majority of the board members appointed and serving constitutes a quorum for the transaction of board business. The affirmative vote of a majority of a quorum of the board is required to carry a motion or resolution, to adopt a rule, or to pass a measure.
Each member of the board shall be compensated in accordance with RCW 43.03.265 and shall be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060. The board is a class five group for purposes of chapter 43.03 RCW.
Any member of the board may be removed by the governor for neglect of duty, misconduct, malfeasance or misfeasance in office, or upon written request of two-thirds of the physicians licensed under this chapter and in active practice in this state.
[ 2022 c 240 s 28; (2022 c 240 s 27 expired July 1, 2022); 2020 c 80 s 14; 2017 c 101 s 1; 1991 c 160 s 2; 1984 c 287 s 42; 1979 c 117 s 2.]
Notes:
Effective date—2022 c 240 s 28: "Section 28 of this act takes effect July 1, 2022." [ 2022 c 240 s 36.]
Expiration date—2022 c 240 s 27: "Section 27 of this act expires July 1, 2022." [ 2022 c 240 s 35.]
Effective date—2020 c 80 ss 12-59: See note following RCW 7.68.030.
Intent—2020 c 80: See note following RCW 18.71A.010.
Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220.
Secretary of health or designee ex officio member of health professional licensure and disciplinary boards: RCW 43.70.300.

catchline: State board of osteopathic medicine and surgery—Membership—Qualifications—Officers—Meetings—Compensation and travel expenses—Removal.


title: RCW 18.57.005

text:
The board shall have the following powers and duties:
(1) To administer examinations to applicants for licensure under this chapter;
(2) To make such rules and regulations as are not inconsistent with the laws of this state as may be deemed necessary or proper to carry out the purposes of this chapter;
(3) To establish and administer requirements for continuing professional education as may be necessary or proper to insure the public health and safety as a prerequisite to granting and renewing licenses under this chapter: PROVIDED, That such rules shall not require a licensee under this chapter to engage in continuing education related to or provided by any specific branch, school, or philosophy of medical practice or its political and/or professional organizations, associations, or societies;
(4) To adopt rules governing the administration of sedation and anesthesia in the offices of persons licensed under this chapter, including necessary training and equipment;
(5) To keep an official record of all its proceedings, which record shall be evidence of all proceedings of the board which are set forth therein.
[ 2007 c 273 s 27; 1986 c 259 s 94; 1979 c 117 s 3.]
Notes:
Effective date—Implementation—2007 c 273: See RCW 70.230.900 and 70.230.901.
Severability—1986 c 259: See note following RCW 18.130.010.

catchline: Powers and duties of board.


title: RCW 18.57.011

text:
The uniform disciplinary act, chapter 18.130 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter.
[ 1987 c 150 s 41; 1986 c 259 s 92.]
Notes:
Severability—1987 c 150: See RCW 18.122.901.
Severability—1986 c 259: See note following RCW 18.130.010.


title: RCW 18.57.015

text:
(1) To implement an osteopathic physician health program as authorized by RCW 18.130.175, the board shall enter into a contract with a physician health program or a voluntary substance use disorder monitoring program. The osteopathic physician health program may include any or all of the following:
(a) Contracting with providers of treatment programs;
(b) Receiving and evaluating reports of suspected impairment from any source;
(c) Intervening in cases of verified impairment;
(d) Referring impaired osteopathic physicians to treatment programs;
(e) Monitoring the treatment and rehabilitation of impaired osteopathic physicians including those ordered by the board;
(f) Providing education, prevention of impairment, posttreatment monitoring, and support of rehabilitated impaired osteopathic physicians; and
(g) Performing other related activities as determined by the board.
(2) A contract entered into under subsection (1) of this section shall be financed by a surcharge of $70 per year or equivalent on each license issuance or renewal to be collected by the department from every osteopathic physician licensed under this chapter. These moneys shall be placed in the health professions account to be used solely for the implementation of the osteopathic physician health program.
[ 2024 c 15 s 4; 2022 c 43 s 3; 2016 c 42 s 1.]
Notes:
Findings—2024 c 15: See note following RCW 18.71.310.

catchline: Osteopathic physician health program—Content—License surcharge.


title: RCW 18.57.020

text:
A license shall be issued by the secretary authorizing the holder to practice osteopathic medicine and surgery. In order to procure a license to practice osteopathic medicine and surgery, the applicant must provide the board evidence that a diploma has been issued to the applicant by an accredited school of osteopathic medicine and surgery, approved by the board. The application shall be made upon a form prepared by the secretary, with the approval of the board, and it shall contain such information concerning said osteopathic medical instruction and the preliminary education of the applicant as the board may by rule provide. Applicants who have failed to meet the requirements must be rejected.
An applicant for a license to practice osteopathic medicine and surgery must furnish evidence satisfactory to the board that he or she has served for not less than one year in a postgraduate training program approved by the board.
In addition, the applicant may be required to furnish evidence satisfactory to the board that he or she is physically and mentally capable of safely carrying on the practice of osteopathic medicine and surgery. The board may require any applicant to submit to such examination or examinations as it deems necessary to determine an applicant's physical and/or mental capability to safely practice osteopathic medicine and surgery. The applicant shall also show that he or she has not been guilty of any conduct which would constitute grounds for denial, suspension, or revocation of such license under the laws of the state of Washington.
Nothing in this section shall be construed as prohibiting the board from requiring such additional information from applicants as it deems necessary.
Nothing in this chapter shall be construed to require any applicant for licensure, or any licensee, as a requisite of retaining or renewing licensure under this chapter, to be a member of any political and/or professional organization.
[ 1991 c 160 s 3; (1991 c 3 s 148 repealed by 1991 sp.s. c 11 s 2); 1979 c 117 s 11; 1959 c 110 s 1; 1919 c 4 s 4; RRS s 10056. Cf. 1909 c 192 s 6. Formerly RCW 18.57.020, 18.57.060, 18.57.070, and 18.57.090.]

catchline: Licenses—Application requirements.


title: RCW 18.57.031

text:
No person may practice or represent himself or herself as an osteopathic physician and surgeon without first having a valid license to do so.
[ 1987 c 150 s 42.]
Notes:
Severability—1987 c 150: See RCW 18.122.901.

catchline: License required.


title: RCW 18.57.035

text:
The board may grant approval to issue without examination a license to an osteopathic physician and surgeon in a board-approved postgraduate training program in this state if the applicant files an application and meets all the requirements for licensure set forth in RCW 18.57.020 except for completion of one year of postgraduate training. The secretary shall issue a postgraduate osteopathic medicine and surgery license that permits the physician in postgraduate training to practice osteopathic medicine and surgery only in connection with his or her duties as a physician in postgraduate training and does not authorize the physician to engage in any other form of practice. Each physician in postgraduate training shall practice osteopathic medicine and surgery only under the supervision of a physician licensed in this state under this chapter or chapter 18.71 RCW, but such supervision shall not be construed to necessarily require the personal presence of the supervising physician at the place where services are rendered.
All persons licensed under this section shall be subject to the jurisdiction of the board of osteopathic medicine and surgery as set forth in this chapter and chapter 18.130 RCW.
Persons applying for licensure pursuant to this section shall comply with administrative procedures, administrative requirements, and fees determined as provided in RCW 43.70.250 and 43.70.280. Any person who obtains a license pursuant to this section may, apply for licensure under this chapter, but shall submit a new application form and comply with all other licensing requirements of this chapter.
[ 1996 c 191 s 34; 1991 c 160 s 9.]

catchline: Postgraduate training licenses.


title: RCW 18.57.040

text:
Nothing in this chapter shall be construed to prohibit:
(1) Service in the case of emergency;
(2) The domestic administration of family remedies;
(3) The practice of midwifery as permitted under chapter 18.50 RCW;
(4) The practice of osteopathic medicine and surgery by any commissioned medical officer in the United States government or military service or by any osteopathic physician and surgeon employed by a federal agency, in the discharge of his or her official duties;
(5) Practice by a dentist licensed under chapter 18.32 RCW when engaged exclusively in the practice of dentistry;
(6) The consultation through telemedicine or other means by a practitioner, licensed by another state or territory in which he or she resides, with a practitioner licensed in this state who has responsibility for the diagnosis and treatment of the patient within this state;
(7) In-person practice by any osteopathic physician and surgeon from any other state or territory in which he or she resides: PROVIDED, That such practitioner shall not open an office or appoint a place of meeting patients or receive calls within the limits of this state;
(8) Practice by a person who is a student enrolled in an accredited school of osteopathic medicine and surgery approved by the board if:
(a) The performance of such services is only pursuant to a course of instruction or assignments from his or her instructor or school, and such services are performed only under the supervision of a person licensed pursuant to this chapter or chapter 18.71 RCW; or
(b)(i) Such services are performed without compensation or expectation of compensation as part of a volunteer activity;
(ii) The student is under the direct supervision and control of a pharmacist licensed under chapter 18.64 RCW, a physician licensed under chapter 18.71 RCW, an osteopathic physician and surgeon licensed under this chapter, or a registered nurse or *advanced registered nurse practitioner licensed under chapter 18.79 RCW;
(iii) The services the student performs are within the scope of practice of: (A) An osteopathic physician and surgeon licensed under this chapter; and (B) the person supervising the student;
(iv) The school in which the student is enrolled verifies the student has demonstrated competency through his or her education and training to perform the services; and
(v) The student provides proof of current malpractice insurance to the volunteer activity organizer prior to performing any services;
(9) Practice by an osteopathic physician and surgeon serving a period of clinical postgraduate medical training in a postgraduate program approved by the board: PROVIDED, That the performance of such services be only pursuant to a course of instruction in said program, and said services are performed only under the supervision and control of a person licensed pursuant to this chapter or chapter 18.71 RCW; or
(10) Practice by a person who is enrolled in a physician assistant program approved by the board who is performing such services only pursuant to a course of instruction in said program: PROVIDED, That such services are performed only under the supervision and control of a person licensed pursuant to this chapter or chapter 18.71 RCW.
This chapter shall not be construed to apply in any manner to any other system or method of treating the sick or afflicted or to apply to or interfere in any way with the practice of religion or any kind of treatment by prayer.
[ 2021 c 247 s 2; 2019 c 270 s 2; 1991 c 160 s 5; 1919 c 4 s 19; RRS s 10071. FORMER PART OF SECTION: 1921 c 82 s 1, part; 1919 c 4 s 17, part; RRS s 10069, part, now codified in RCW 18.57.130.]
Notes:
*Reviser's note: The term "advanced registered nurse practitioner" was changed to "advanced practice registered nurse" by 2024 c 239 s 1, effective June 30, 2027.
Midwifery: Chapter 18.50 RCW.
PDF
RCW 18.57.040
Licensing exemptions. (Effective June 30, 2027.)
Nothing in this chapter shall be construed to prohibit:
(1) Service in the case of emergency;
(2) The domestic administration of family remedies;
(3) The practice of midwifery as permitted under chapter 18.50 RCW;
(4) The practice of osteopathic medicine and surgery by any commissioned medical officer in the United States government or military service or by any osteopathic physician and surgeon employed by a federal agency, in the discharge of his or her official duties;
(5) Practice by a dentist licensed under chapter 18.32 RCW when engaged exclusively in the practice of dentistry;
(6) The consultation through telemedicine or other means by a practitioner, licensed by another state or territory in which he or she resides, with a practitioner licensed in this state who has responsibility for the diagnosis and treatment of the patient within this state;
(7) In-person practice by any osteopathic physician and surgeon from any other state or territory in which he or she resides: PROVIDED, That such practitioner shall not open an office or appoint a place of meeting patients or receive calls within the limits of this state;
(8) Practice by a person who is a student enrolled in an accredited school of osteopathic medicine and surgery approved by the board if:
(a) The performance of such services is only pursuant to a course of instruction or assignments from his or her instructor or school, and such services are performed only under the supervision of a person licensed pursuant to this chapter or chapter 18.71 RCW; or
(b)(i) Such services are performed without compensation or expectation of compensation as part of a volunteer activity;
(ii) The student is under the direct supervision and control of a pharmacist licensed under chapter 18.64 RCW, a physician licensed under chapter 18.71 RCW, an osteopathic physician and surgeon licensed under this chapter, or a registered nurse or advanced practice registered nurse licensed under chapter 18.79 RCW;
(iii) The services the student performs are within the scope of practice of: (A) An osteopathic physician and surgeon licensed under this chapter; and (B) the person supervising the student;
(iv) The school in which the student is enrolled verifies the student has demonstrated competency through his or her education and training to perform the services; and
(v) The student provides proof of current malpractice insurance to the volunteer activity organizer prior to performing any services;
(9) Practice by an osteopathic physician and surgeon serving a period of clinical postgraduate medical training in a postgraduate program approved by the board: PROVIDED, That the performance of such services be only pursuant to a course of instruction in said program, and said services are performed only under the supervision and control of a person licensed pursuant to this chapter or chapter 18.71 RCW; or
(10) Practice by a person who is enrolled in a physician assistant program approved by the board who is performing such services only pursuant to a course of instruction in said program: PROVIDED, That such services are performed only under the supervision and control of a person licensed pursuant to this chapter or chapter 18.71 RCW.
This chapter shall not be construed to apply in any manner to any other system or method of treating the sick or afflicted or to apply to or interfere in any way with the practice of religion or any kind of treatment by prayer.
[ 2025 c 58 s 5073; 2021 c 247 s 2; 2019 c 270 s 2; 1991 c 160 s 5; 1919 c 4 s 19; RRS s 10071. FORMER PART OF SECTION: 1921 c 82 s 1, part; 1919 c 4 s 17, part; RRS s 10069, part, now codified in RCW 18.57.130.]
Notes:
Effective date—2025 c 58 ss 5058-5170: See note following RCW 7.68.030.
Explanatory note—2025 c 58: See note following RCW 1.16.050.
Midwifery: Chapter 18.50 RCW.

catchline: Licensing exemptions. (Effective until June 30, 2027.)


title: RCW 18.57.045

text:
A licensed osteopathic physician and surgeon who desires to leave the active practice of osteopathic medicine and surgery in this state may secure from the secretary an inactive license. The administrative procedures, administrative requirements, and fees for an inactive license shall be determined as provided in RCW 43.70.250 and 43.70.280. The holder of an inactive license may reactivate his or her license to practice osteopathic medicine and surgery in accordance with rules adopted by the board.
[ 1996 c 191 s 35; 1991 c 160 s 4.]

catchline: Inactive licenses.


title: RCW 18.57.050

text:
(1) The board may establish rules and regulations governing mandatory continuing education requirements which shall be met by physicians applying for renewal of licenses. Administrative procedures, administrative requirements, and fees for applications and renewals shall be established as provided in RCW 43.70.250 and 43.70.280. The board shall determine prerequisites for relicensing.
(2) The board must request licensees to submit information about their current professional practice at the time of license renewal and licensees must provide the information requested. This information may include practice setting, medical specialty, board certification, or other relevant data determined by the board.
[ 2015 c 252 s 10; 1996 c 191 s 36; 1991 c 160 s 6; (1991 c 3 s 149 repealed by 1991 sp.s. c 11 s 2); 1985 c 7 s 55; 1979 c 117 s 12; 1975 1st ex.s. c 30 s 58; 1971 ex.s. c 266 s 11; 1919 c 4 s 6; RRS s 10058. Cf. 1909 c 192 s 7. Formerly RCW 18.57.050 and 18.57.120.]
Notes:
Intent—2015 c 252: See note following RCW 70.112.010.

catchline: Renewal of licenses—Continuing education requirements—Information about current professional practice.


title: RCW 18.57.080

text:
Applicants for a license to practice osteopathic medicine and surgery must successfully complete an examination prepared or approved by the board. The examination shall be conducted in the English language, shall determine the applicant's fitness to practice osteopathic medicine and surgery, and may be in whole or in part in writing or by practical application on those general subjects and topics of which knowledge is commonly and generally required of applicants who have obtained the doctor of osteopathic medicine and surgery conferred by accredited schools of osteopathic medicine and surgery approved by the board. If an examination does not encompass the subject of osteopathic principles and practice, the applicant shall be required to complete the board-administered examination. The board may prepare and administer or approve preparation and administration of examinations on such subjects as the board deems advisable. The examination papers of any examination administered by the board shall form a part of the applicant's records and shall be retained as determined by the secretary for a period of not less than one year. All applicants for examination or reexamination shall comply with administrative procedures, administrative requirements, and fees determined as provided in RCW 43.70.250 and 43.70.280.
[ 1996 c 191 s 37; 1991 c 160 s 7; (1991 c 3 s 150 repealed by 1991 sp.s. c 11 s 2); 1979 c 117 s 13; 1919 c 4 s 5; RRS s 10057. Cf. 1909 c 192 s 6. Formerly RCW 18.57.080 and 18.57.090, part.]

catchline: Examinations.


title: RCW 18.57.083

text:
(1) Except as provided in subsection (2) of this section, the board may not require an osteopathic physician and surgeon to participate in a maintenance of certification requirement as a condition of licensure or license renewal. The board may allow a physician to fulfill license renewal requirements through satisfactory participation in a recognized maintenance of certification program.
(2) This section does not apply to board certification requirements or maintenance of certification requirements included in any of the following:
(a) A stipulation to informal disposition under RCW 18.130.172;
(b) An order issued to resolve a statement of charges under RCW 18.130.090;
(c) An order issued under RCW 18.130.160; or
(d) A reinstatement order issued under RCW 18.130.150.
[ 2018 c 211 s 4.]

catchline: Maintenance of certification.