Relating to authorizing the Board of Optometry to promulgate a legislative rule relating to continuing education.

2026 Regular Session Introduced by Doug Smith

The bill authorizes the Board of Optometry to create a formal rule establishing continuing education requirements for West Virginia licensed optometrists.

To House Judiciary

#legislature--rulemaking

Summary of HB 4303 (2026) – West Virginia

Purpose and intent

This bill authorizes the Board of Optometry to promulgate a legislative rule related to continuing education (CE) requirements for optometrists in West Virginia.

The aim is to establish formal, rule-based standards governing the ongoing professional education that licensed optometrists must complete to maintain their license.

Key provisions and changes

Grants regulatory authority: The Board of Optometry would be empowered to create and adopt a legislative rule detailing CE requirements for licensees.

Scope of CE rule: While the exact CE specifics are not enumerated in the summary, typical components for such rules may include:

Minimum number of CE hours required over a defined renewal period.
Acceptable formats and providers of CE (e.g., live courses, online programs, self-study).
Approved subject areas pertinent to optometry (e.g., clinical practices, patient safety, ethics, law and practice management).
Reporting and documentation requirements for licensees to verify CE completion.
Compliance timelines and consequences for noncompliance (e.g., license suspension or renewal denial).

Rulemaking process: The bill designates the utilization of a legislative rulemaking mechanism, meaning the rule would be formally proposed, noticed, commented on, and adopted through the Board’s rulemaking procedures and the state administrative rules framework.

Who is affected

Primary beneficiaries/affected parties: Licensed optometrists practicing in West Virginia, who would need to meet the new or revised CE requirements once the rule is in effect.

Regulated entity: West Virginia Board of Optometry, which would develop, implement, and enforce the CE rule.

Public interest: Potential improvements in patient safety and quality of optometric care through standardized ongoing education.

Procedural and timeline aspects

Introduction and referrals:

Filed for introduction on January 14, 2026.
Initially referred to Health and Human Resources, then to Judiciary.

Committee actions:

On January 22, 2026, the bill was reported "Do pass" by a committee after first being considered by the Judiciary Committee, indicating approval to move forward with a full chamber vote, subject to procedural outcomes.

Sponsorship:

Co-sponsor: Doug Smith.

Overall process: The bill follows the typical legislative path for rulemaking-related authority, with committee review, potential amendments, and floor consideration. If enacted, the Board would proceed to draft a proposed rule, solicit public comment as part of the rulemaking, and finalize the rule’s adoption.

Practical impact and considerations

If adopted, optometrists would need to prepare for and comply with the new CE requirements once the Board’s rule becomes effective.

The specifics (minimum hours, accepted CE types, subject areas, and reporting) would be defined in the Board’s rulemaking process, which is anticipated but not detailed in the bill text provided.

The measure aligns regulatory oversight with ongoing professional development, potentially enhancing standardization of care.

If you’d like, I can create a concise one-page brief with anticipated CE benchmarks once the Board’s draft rule is available.