HCS CSSB 270(RLS): "An Act extending the termination date of the Board of Dispensing Opticians; relating to the regulation of dispensing opticians; relating to the use of pharmaceutical agents in the practice of optometry; and providing for an effective date."
00 HOUSE CS FOR CS FOR SENATE BILL NO. 270(RLS) 01 "An Act extending the termination date of the Board of Dispensing Opticians; relating 02 to the regulation of dispensing opticians; relating to the use of pharmaceutical agents in 03 the practice of optometry; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 06 to read: 07 FINDINGS; INTENT. (a) The legislature finds that the Board of Dispensing 08 Opticians has not collected sufficient fees in recent years to cover its costs and may not have 09 been complying properly with AS 08.01.065(c). 10 (b) It is the intent of the legislature that, during the next review of the board under 11 AS 44.66.050, an analysis and determination be made about the extent to which the board is 12 complying with AS 08.01.065(c) and what factors, if any, hamper the board's ability to cover 13 its costs with fee collections. 14 * Sec. 2. AS 08.03.010(c)(9) is amended to read:
01 (9) Board of Dispensing Opticians (AS 08.71.010) -- June 30, 2004 02 [2002]; 03 * Sec. 3. AS 08.71.055 is amended to read: 04 Sec. 08.71.055. Powers and duties. The board shall have the following 05 powers and duties: 06 (1) to [EXAMINE AND] issue licenses to applicants; 07 (2) to renew licenses; 08 (3) to hold hearings and order disciplinary sanctions against a person 09 who violates this chapter or the regulations of the board; 10 (4) to supply forms for applications, licenses, and other needed 11 documents; 12 (5) to keep a record of all proceedings open to the public, including the 13 name of each license applicant [FOR EXAMINATION] and each licensee; 14 (6) to enforce the provisions of this chapter and adopt or amend 15 regulations necessary to make these provisions effective. 16 * Sec. 4. AS 08.71.080 is amended to read: 17 Sec. 08.71.080. License required. A person may not act as a dispensing 18 optician in the state unless the person is licensed under this chapter. [IN ORDER TO 19 BE LICENSED UNDER THIS CHAPTER, A PERSON SHALL PASS AN 20 EXAMINATION GIVEN BY THE BOARD UNLESS THE PERSON IS ELIGIBLE 21 FOR LICENSING WITHOUT EXAMINATION UNDER AS 08.71.145.] A license 22 shall be issued for (1) the dispensing of contact lenses, or (2) the dispensing of other 23 lenses, eyeglasses, spectacles, artificial eyes, and their appurtenances, or (3) both. The 24 board shall by endorsement on the license designate for which aspect of dispensing 25 opticianry the license is issued. [THE BOARD SHALL LICENSE SUCCESSFUL 26 EXAMINEES.] 27 * Sec. 5. AS 08.71.090 is repealed and reenacted to read: 28 Sec. 08.71.090. Examination requirement. To be licensed to dispense 29 contact lenses, a person, unless eligible for licensing under AS 08.71.145, shall 30 document to the board that the person has passed the contact lens registry examination 31 offered by the National Contact Lens Examiners with a score acceptable to the board.
01 In order to be licensed to dispense other lenses, eyeglasses, spectacles, artificial eyes, 02 and their appurtenances, a person, unless eligible for licensing under AS 08.71.145, 03 shall document to the board that the person has passed the national opticianry 04 competency examination offered by the American Board of Opticianry with a score 05 acceptable to the board. An applicant for licensure in both areas shall document 06 having received a score acceptable to the board on both examinations. The board 07 shall, by regulation, establish the scores that will be acceptable for the examinations 08 described in this section. 09 * Sec. 6. AS 08.71.110 is amended to read: 10 Sec. 08.71.110. Qualifications for licensure [OF APPLICANTS FOR 11 EXAMINATION]. (a) The board may issue a license to a [A] person [IS 12 ENTITLED TO TAKE THE EXAMINATION] who 13 (1) has had education equivalent to four years attendance at a high 14 school; 15 (2) has either 16 (A) completed at least 1,800 [6,000] hours of training as an 17 apprentice after registering with the department as an apprentice; or 18 (B) been engaged for at least 1,800 [6,000] hours as a 19 practicing optician in good standing in a state, territory, district, or possession 20 of the United States; [AND] 21 (3) has passed the applicable examination required under 22 AS 08.71.090 with a score acceptable to the board; 23 (4) has passed a course designated in the board's regulations as 24 being acceptable; and 25 (5) has paid the required license [EXAMINATION] fee. 26 (b) Graduation from an associate degree program in a recognized school or 27 college of opticianry may be substituted for [4,000 OF] the [6,000 HOURS OF] 28 experience required by (a)(2) and (4) of this section. 29 * Sec. 7. AS 08.71.120 is amended to read: 30 Sec. 08.71.120. Fees. The department shall set fees under AS 08.01.065 for 31 [EXAMINATION,] initial license [,] and license renewal.
01 * Sec. 8. AS 08.71.130(c) is amended to read: 02 (c) If the license remains lapsed for more than one year, the board may require 03 the applicant to retake and successfully pass again the applicable examination or 04 examinations required [BE EXAMINED] under AS 08.71.090. 05 * Sec. 9. AS 08.71.145 is amended to read: 06 Sec. 08.71.145. Licensure by credentials. A person with a valid license as a 07 dispensing optician from another state, territory, district, or possession of the United 08 States with licensing requirements substantially equivalent to or higher than those of 09 this state shall be issued a license under this chapter [WITHOUT EXAMINATION] 10 for those professional areas in which the person is licensed in the other jurisdiction 11 upon payment of any fee and documentation that the board may require by regulation. 12 * Sec. 10. AS 08.71.160(a) is amended to read: 13 (a) A person may be employed by or serve under a licensed physician, 14 optometrist, or dispensing optician as an apprentice for dispensing optician tasks. 15 An apprentice shall register with the department before beginning employment or 16 service as an apprentice, shall be designated as such in the records of the board, and 17 shall be in training [AND] under the regular [DIRECT] supervision of a licensed 18 physician, optometrist, or dispensing optician. Notwithstanding AS 08.71.180, a 19 registered apprentice may perform dispensing optician tasks that are delegated 20 by and performed under the regular supervision of the licensed physician, 21 optometrist, or dispensing optician and may use the title "dispensing optician 22 apprentice." [UNDER THIS SECTION A PERSON MAY NOT APPRENTICE 23 FOR LONGER THAN SIX YEARS UNLESS THE BOARD DETERMINES THAT 24 THE PERSON IS PREVENTED BY CIRCUMSTANCES BEYOND THE 25 PERSON'S CONTROL FROM OBTAINING A LICENSE AS A DISPENSING 26 OPTICIAN WITHIN THAT TIME.] 27 * Sec. 11. AS 08.71 is amended by adding new sections to article 2 to read: 28 Sec. 08.71.163. Dispensing optician's assistant. Notwithstanding 29 AS 08.71.180, a person who is not a licensed dispensing optician or a registered 30 apprentice under AS 08.71.160 may perform dispensing optician tasks that are 31 delegated by and performed under the regular supervision of a licensed physician,
01 optometrist, or dispensing optician. The hours spent as an assistant under this section 02 may not be counted toward satisfaction of the training requirement in 03 AS 08.71.110(a), and the assistant may not use a title that includes the word "optician" 04 or "opticianry." 05 Sec. 08.71.165. Delegation authorized. A licensed physician, optometrist, or 06 dispensing optician may delegate dispensing optician tasks to an apprentice or 07 assistant. The licensee shall regularly supervise the performance of the delegated 08 tasks and retains responsibility for the proper performance of the delegated tasks. 09 * Sec. 12. AS 08.72.175 is amended to read: 10 Sec. 08.72.175. License endorsement. (a) The board may issue a license 11 endorsement authorizing a licensee to prescribe and use a [THE] pharmaceutical 12 agent [AGENTS] described in AS 08.72.272, if the licensee or applicant for a license 13 (1) passes the written and practical portions of an examination on ocular 14 pharmacology, approved by the board, that tests the licensee's or the applicant's 15 knowledge of the characteristics, pharmacological effects, indications, 16 contraindications, and emergency care associated with the prescription and use of 17 pharmaceutical agents; and (2) meets additional education requirements, if any, 18 that are adopted by the board for receiving the endorsement. In addition to the 19 limitations contained in AS 08.72.272, the board may further limit the type of 20 pharmaceutical agents that are authorized for use under an endorsement. The 21 endorsement expires at the same time as the license to which it attaches. The 22 endorsement may be renewed upon satisfactory completion of continuing education 23 requirements established by the board by regulation. Regulations adopted by the 24 board under this subsection must be related to ensuring that the licensee with an 25 endorsement is competent to prescribe and use the pharmaceutical agents 26 authorized under the endorsement. 27 (b) A pharmacist or pharmaceutical supplier may supply a licensee with a 28 pharmaceutical agent [AGENTS] as provided under AS 08.72.272 upon presentation 29 of evidence that the licensee holds a license endorsement under this section that 30 authorizes use of the pharmaceutical agent. 31 * Sec. 13. AS 08.72.272 is amended to read:
01 Sec. 08.72.272. Use of pharmaceutical agents. (a) Except as provided in 02 (c) of this section, a [A] licensee may prescribe and use a pharmaceutical agent, 03 including a controlled substance, in the practice of optometry if 04 (1) the pharmaceutical agent is not included on schedule IA under 05 AS 11.71; 06 (2) the pharmaceutical agent is prescribed and used for the 07 treatment of ocular and ocular adnexal disease or conditions or for emergency 08 anaphylaxis [A DRUG TOPICALLY APPLIED TO THE HUMAN EYE AND ITS 09 APPENDAGES]; and 10 (3) [(2)] the person holds a license endorsement issued by the board 11 authorizing the prescription and use of the pharmaceutical agent [AGENTS]. 12 (b) A licensee may not purchase, possess, prescribe, or use a 13 pharmaceutical agent unless the licensee has obtained a license endorsement under 14 AS 08.72.175 that authorizes use of the pharmaceutical agent. 15 * Sec. 14. AS 08.72.272 is amended by adding a new subsection to read: 16 (c) In addition to the other limitations of this section and AS 08.72.175, a 17 licensee may not 18 (1) inject a pharmaceutical agent into the globe of the eye; 19 (2) prescribe a systemic analgesic agent in an amount that is more than 20 a seven-day supply; 21 (3) prescribe a pharmaceutical agent for systemic administration unless 22 the pharmaceutical agent is in at least one of the following categories: 23 (A) anti-allergy; 24 (B) anti-microbial; 25 (C) anti-glaucoma; 26 (D) anti-inflammatory; 27 (E) an analgesic, including controlled substances in schedules 28 IIA - VA under AS 11.71 that are analgesics; 29 (F) an over-the-counter drug available without a prescription; 30 or 31 (G) a drug for treatment of anaphylaxis.
01 * Sec. 15. AS 08.71.100 is repealed. 02 * Sec. 16. The uncodified law of the State of Alaska is amended by adding a new section to 03 read: 04 TRANSITIONAL PROVISION. The Board of Examiners in Optometry may not 05 issue an endorsement under AS 08.72.175 that allows a licensee to prescribe or use a 06 pharmaceutical agent by systemic administration unless the person has attended and passed a 07 course covering systemic administration of pharmaceutical agents offered by an accredited 08 college of optometry and approved by the Board of Examiners in Optometry. 09 * Sec. 17. The uncodified law of the State of Alaska is amended by adding a new section to 10 read: 11 EXISTING ENDORSEMENTS. Notwithstanding AS 08.72.175, as amended by sec. 12 12 of this Act, and AS 08.72.272, as amended by secs. 13 and 14 of this Act, an endorsement 13 issued before the effective date of secs. 12 - 14 of this Act does not authorize a licensee to 14 prescribe or use a pharmaceutical agent by systemic administration until the licensee applies 15 to the Board of Examiners in Optometry for authorization to prescribe or use a pharmaceutical 16 agent by systemic administration and the board finds the person has attended and passed a 17 course covering systemic administration of pharmaceutical agents offered by an accredited 18 college of optometry and approved by the Board of Examiners in Optometry. 19 * Sec. 18. Sections 1 - 11 and 15 of this Act take effect immediately under 20 AS 01.10.070(c).