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Introduced Version Senate Bill 292 History

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sb292 intr 14 CSR 12
                         

Senate Bill No. 292

(By Senator Snyder)

__________

[Introduced February 20, 2013; referred to the

Committee on Health and Human Resources;

and then to the Committee on the Judiciary.]

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

     A certificate holder shall meet the following requirements for recertification:
     13.1. The certificate holder shall submit proof of current certification in life support for the professional rescuer or for medical providers from the American Red Cross or American Heart Association or their successors.
     13.2. The certificate holder shall submit proof of a minimum of 2 hours of continuing clinical education instruction in performing each expanded therapeutic procedures per two year continuing education cycle as listed in the Board's Rule, Continuing Education
14 CSR 10.
     13.3. The certificate holder shall submit the Annual Renewal fee as listed in the Board's Rule, Schedule of Fees, 14 CSR 5.
§14-12-14. Compliance with W. Va. Code §30-1A-2.
     14.1 This rule requires the Board of Optometry to follow all provisions of W. Va. Code, §30-1A-2."
                    
     

     NOTE: The purpose of this bill is to authorize the Board of Optometry to promulgate a legislative rule relating to Expanded Therapeutic Procedures Certificates.

     This section is new; therefore, strike-throughs and underscoring have been omitted.
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