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.

*Reviser's note: RCW 18.53.020 was repealed by 1986 c 259 s 85.

The examining committee, heretofore created pursuant to RCW 43.24.060, is reorganized and reconstituted as the optometry board.

RCW 43.24.060 and 43.24.120 not applicable to optometry: RCW 18.54.920.

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.

Severability—1984 c 279: See RCW 18.130.901.

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.

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.

Effective date—1989 c 175: See note following RCW 34.05.010.

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.

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.

Severability—1986 c 259: See note following RCW 18.130.010.

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.

Severability—1987 c 150: See RCW 18.122.901.

Severability—1986 c 259: See note following RCW 18.130.010.

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.

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.

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.

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.

Health professions account: RCW 43.70.320.

All powers previously vested in the director of licenses under the provisions of RCW 18.53.100 are vested in the optometry board.

(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.

This act may be known and cited as the "optometry board act."

The provisions of RCW 43.24.060 and 43.24.120 are not applicable to the licensing and regulation of the practice of optometry.

Examining committee reconstituted as optometry board: RCW 18.54.020.