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HB 4299

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

2026 Regular Session Introduced by Doug Smith

The bill authorizes the West Virginia Board of Optometry to create and update its own regulations through legislative rulemaking to govern licensure, practice standards, and discip

To House Judiciary
#legislature--rulemaking
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Bill Summary · HB 4299

Bill Summary: HB 4299 (2026) — Relating to authorizing the Board of Optometry to promulgate a legislative rule relating to the Board of Optometry

Purpose and intent

  • The bill authorizes the West Virginia Board of Optometry to promulgate a legislative rule related to the Board itself. In practical terms, it empowers the Board to establish or modify administrative rules governing its operations, licensing, practice standards, disciplinary processes, or other regulatory activities as provided under state law.

Key provisions and changes

  • Authorization to promulgate legislative rules: The core change is granting statutory authority for the Board of Optometry to create, amend, or adopt its own rules through the legislative rulemaking process. This typically involves rulemaking steps such as drafting proposed rules, public notice, public comment opportunities, and eventual adoption or amendment of rules.
  • Scope of rulemaking: While the bill’s text provided here does not specify exact rule topics, such authority generally covers:
    • Licensure and renewal requirements for optometrists and any related credentialing
    • Professional conduct and standards of practice
    • Continuing education requirements
    • Scope of practice definitions and limitations
    • Complaint, investigation, and disciplinary procedures
    • Procedures for hearings and appeals
    • Administrative organization and fee structures
  • Interaction with existing law: The rules promulgated under this authority must align with and implement existing statutory framework governing professional regulatory boards in West Virginia. They would operate within the continuum of state administrative procedure and public health/regulatory governance.

Who would be affected

  • Optometrists and applicants: Individuals seeking licensure or renewal, and those governed by Board rules (e.g., scope of practice, continuing education).
  • Patients and the public: Beneficiaries of clear regulatory standards, disciplinary processes, and complaint handling to ensure professional competency and safety.
  • Other stakeholders: Education providers, professional associations, and entities interacting with the Board (e.g., employers, insurers) that rely on Board rules for compliance and oversight.

Procedural and timeline aspects

  • Introduction and referral history:
    • Filed for introduction on 2026-01-14.
    • Referred initially to Health and Human Resources, then to Judiciary.
  • Consideration timeline:
    • On 2026-01-22, the bill was moved to Judiciary with a “Do pass, but first to Judiciary” action, indicating a recommendation to advance to the full chamber after committee review.
  • Sponsorship:
    • Co-sponsored by Doug Smith.
  • Legislative process: As a bill authorizing rulemaking, it will undergo committee hearings where amendments may be proposed, followed by potential floor action. Any rules promulgated would typically be subject to later statutory review or sunset provisions (if applicable) and must conform to the West Virginia Administrative Procedures Act or equivalent provisions governing legislative rules.

Potential impacts

  • Efficiency and clarity: By formally authorizing and guiding the Board’s rulemaking, the Board can more efficiently implement standardized regulatory practices and respond to evolving professional standards.
  • Regulatory consistency: Clear rules can reduce ambiguity for licensees and improve enforcement consistency.
  • Public protection: Transparent and well-structured rules contribute to safeguarding public health and ensuring competent optometric care.
  • Administrative processes: The Board may incur costs and administrative efforts associated with drafting, publishing, and updating rules, public posting, and potential rule compliance monitoring.

If you would like, I can tailor this summary to emphasize specific potential rule topics (e.g., licensure renewal cycles, continuing education requirements) once the Board’s proposed rule language or statutory framework is available.

Compiled from official sources — confirm details with the bill’s official record.

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