HB 502: "An Act relating to dispensing opticians and dispensing optician apprentices."
00 HOUSE BILL NO. 502 01 "An Act relating to dispensing opticians and dispensing optician apprentices." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 08.71.080 is amended to read: 04 Sec. 08.71.080. License required. A person may not act as a dispensing 05 optician in the state unless the person is licensed under this chapter. A license shall be 06 issued for the person to act as a (1) [THE] dispensing optician for [OF] contact 07 lenses, or (2) [THE] dispensing optician for [OF] other lenses, eyeglasses, 08 [SPECTACLES, ARTIFICIAL EYES,] and their appurtenances, or (3) both. The 09 board shall by endorsement on the license designate for which aspect of dispensing 10 opticianry the license is issued. 11 * Sec. 2. AS 08.71.090 is amended to read: 12 Sec. 08.71.090. Examination requirement. To be licensed to act as a 13 dispensing optician for [DISPENSE] contact lenses, a person, unless eligible for 14 licensing under AS 08.71.145, shall document to the board that the person has passed 15 the contact lens registry examination offered by the National Contact Lens Examiners
01 with a score acceptable to the board. To [IN ORDER TO] be licensed to act as a 02 dispensing optician for [DISPENSE] other lenses, eyeglasses, [SPECTACLES, 03 ARTIFICIAL EYES,] and their appurtenances, a person, unless eligible for licensing 04 under AS 08.71.145, shall document to the board that the person has passed the 05 national opticianry competency examination offered by the American Board of 06 Opticianry with a score acceptable to the board. An applicant for licensure in both 07 areas shall document having received a score acceptable to the board on both 08 examinations. The board shall, by regulation, establish the scores that will be 09 acceptable for the examinations described in this section. 10 * Sec. 3. AS 08.71.110(a) is amended to read: 11 (a) The board may issue a license to a person who 12 (1) has [HAD EDUCATION EQUIVALENT TO FOUR YEARS 13 ATTENDANCE AT] a high school diploma or its equivalent; 14 (2) has [EITHER] 15 (A) completed at least 4,000 [1,800] hours of training for 16 eyeglasses or at least 2,000 hours of training for contact lenses as an 17 apprentice after registering with the United States Department of Labor 18 [DEPARTMENT] as an apprentice; or 19 (B) been engaged for at least 4,000 [1,800] hours as a 20 dispensing [PRACTICING] optician in eyeglasses and at least 2,000 hours 21 as a dispensing optician in contact lenses in good standing in a state, 22 territory, district, or possession of the United States; 23 (3) has passed the applicable examination required under 24 AS 08.71.090 with a score acceptable to the board; 25 (4) has passed a course designated in the board's regulations as being 26 acceptable; and 27 (5) has paid the required license fee. 28 * Sec. 4. AS 08.71.145 is amended to read: 29 Sec. 08.71.145. Licensure by credentials. A person with a valid license as a 30 dispensing optician from another state, territory, district, or possession of the United 31 States with licensing requirements substantially equivalent to or higher than those of
01 this state shall, without further examination, be issued a license under this chapter 02 for those professional areas in which the person is licensed in the other jurisdiction 03 upon payment of any fee and documentation that the board may require by regulation. 04 * Sec. 5. AS 08.71.145 is amended by adding new subsections to read: 05 (b) A person who is designated by the American Board of Opticianry as a 06 master optician or as an advanced certified optician may be issued a license 07 authorizing the person to act as a dispensing optician with respect to eyeglasses upon 08 payment of the appropriate fee and submission of the documentation that the board 09 may require by regulation. 10 (c) A person who is designated a fellow of the Contact Lens Society of 11 America or who is designated by the National Contact Lens Examiners as an advanced 12 certified contact lens fitter may be issued a license authorizing the person to act as a 13 dispensing optician with respect to contact lenses upon payment of the appropriate fee 14 and submission of the documentation that the board may require by regulation. 15 * Sec. 6. AS 08.71.160(a) is amended to read: 16 (a) A person may be employed by [OR SERVE UNDER] a licensed 17 physician, optometrist, or dispensing optician as an apprentice for dispensing optician 18 tasks. An apprentice shall register with the United States Department of Labor 19 [DEPARTMENT] before beginning employment [OR SERVICE] as an apprentice [, 20 SHALL BE DESIGNATED AS SUCH IN THE RECORDS OF THE BOARD,] and 21 shall be in training under the regular supervision of the [A] licensed physician, 22 optometrist, or dispensing optician. Notwithstanding AS 08.71.180, a registered 23 apprentice may perform dispensing optician tasks that are delegated by and performed 24 under the regular supervision of the licensed physician, optometrist, or dispensing 25 optician and may use the title "dispensing optician apprentice." 26 * Sec. 7. AS 08.71.200 is amended to read: 27 Sec. 08.71.200. Contact lenses. Contact lenses shall be fitted in conjunction 28 with and under the supervision of a licensed physician or an optometrist using [AND 29 WITH] a written contact-lens fitting authorization that (1) shows the powers of the 30 sphere and the cylinder and axis location; (2) includes an authorization to fit; and 31 (3) states a requirement that the patient must return to the person who
01 prescribed the contact lenses for a final evaluation after the fitting has been 02 completed [PRESCRIPTION SHOWING THAT THE PRESCRIPTION MAY BE 03 FILLED FOR CONTACT LENSES AND REQUIRING THAT THE PATIENT 04 RETURN TO SEE THE PRESCRIBING PHYSICIAN OR OPTOMETRIST]. In no 05 case may contact lenses be prepared by neutralizing a person's eyeglasses. Duplicate 06 contact lenses may be dispensed, mailed to, or otherwise delivered to a patient 07 from a written contact lens prescription that shows the exact specifications and 08 parameters needed to exactly duplicate the patient's previous contact lenses. 09 Notwithstanding other provisions of this section, contact lenses may not be 10 provided to a patient at a time that is after the expiration of the most recent 11 prescription for the patient unless authorized in writing or orally by the person 12 who issued the prescription [OR SPECTACLES]. 13 * Sec. 8. AS 08.71.230 is amended to read: 14 Sec. 08.71.230. Exemptions from and limitations on the application of this 15 chapter. This chapter may not be construed to 16 (1) limit or restrict a licensed physician or optometrist from the 17 practices enumerated in this chapter, and each licensed physician and optometrist has 18 all the rights and privileges that [WHICH] may accrue under this chapter to 19 dispensing opticians licensed under it; 20 (2) prohibit an unlicensed person from performing mechanical work 21 upon inert matter in an optical office, laboratory or shop; 22 (3) prohibit an unlicensed person from engaging in the sale of 23 eyeglasses, [SPECTACLES,] magnifying glasses, goggles, sunglasses, telescopes, 24 binoculars, or any like articles that [WHICH] are completely preassembled and sold 25 only as merchandise; however, the exemption in this paragraph does not authorize 26 an unlicensed person to sell contact lenses of any type; 27 (4) authorize or permit a licensee under this chapter to hold out as 28 being able to, or to offer to, or to attempt by any means, to refract or exercise eyes, 29 diagnose, treat, correct, relieve, operate or prescribe for any human ailment, 30 deficiency, deformity, disease or injury. 31 * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to
01 read: 02 TRANSITION. (a) Notwithstanding AS 08.71.110(a), as amended by sec. 3 of this 03 Act, a person who has completed before the effective date of this Act the requirements of 04 former AS 08.71.110(a) is not required to complete the requirements of AS 08.71.110(a), as 05 amended by sec. 3 of this Act, in order to receive a license as a dispensing optician under 06 AS 08.71, as amended by this Act. 07 (b) Notwithstanding AS 08.71.110(a), as amended by sec. 3 of this Act, a person who 08 is in a training program for an optician's license under AS 08.71 when this Act takes effect 09 may satisfy the requirements of former AS 08.71.110(a), instead of AS 08.71.110(a) as 10 amended by this Act, in order to receive an optician's license.