SSSB 262: "An Act extending the termination date of the Board of Dispensing Opticians; and relating to dispensing opticians and dispensing optician apprentices."
00 SPONSOR SUBSTITUTE FOR SENATE BILL NO. 262 01 "An Act extending the termination date of the Board of Dispensing Opticians; and 02 relating to dispensing opticians and dispensing optician apprentices." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 08.03.010(c)(9) is amended to read: 05 (9) Board of Dispensing Opticians (AS 08.71.010) - June 30, 2008 06 [2004]; 07 * Sec. 2. AS 08.71.080 is amended to read: 08 Sec. 08.71.080. License required. A person may not act as a dispensing 09 optician in the state unless the person is licensed under this chapter. A license shall be 10 issued for the person to act as a (1) [THE] dispensing optician for [OF] contact 11 lenses, or (2) [THE] dispensing optician for [OF] other lenses, eyeglasses, 12 [SPECTACLES, ARTIFICIAL EYES,] and their appurtenances, or (3) both. The 13 board shall by endorsement on the license designate for which aspect of dispensing 14 opticianry the license is issued.
01 * Sec. 3. AS 08.71.090 is amended to read: 02 Sec. 08.71.090. Examination requirement. To be licensed to act as a 03 dispensing optician for [DISPENSE] contact lenses, a person, unless eligible for 04 licensing under AS 08.71.145, shall document to the board that the person has passed 05 the contact lens registry examination offered by the National Contact Lens Examiners 06 with a score acceptable to the board. To [IN ORDER TO] be licensed to act as a 07 dispensing optician for [DISPENSE] other lenses, eyeglasses, [SPECTACLES, 08 ARTIFICIAL EYES,] and their appurtenances, a person, unless eligible for licensing 09 under AS 08.71.145, shall document to the board that the person has passed the 10 national opticianry competency examination offered by the American Board of 11 Opticianry with a score acceptable to the board. An applicant for licensure in both 12 areas shall document having received a score acceptable to the board on both 13 examinations. The board shall, by regulation, establish the scores that will be 14 acceptable for the examinations described in this section. 15 * Sec. 4. AS 08.71.110(a) is amended to read: 16 (a) The board may issue a license to a person who 17 (1) has [HAD EDUCATION EQUIVALENT TO FOUR YEARS 18 ATTENDANCE AT] a high school diploma or its equivalent; 19 (2) has [EITHER] 20 (A) completed at least 4,000 [1,800] hours of training for 21 eyeglasses or at least 2,000 hours of training for contact lenses as an 22 apprentice after registering with the United States Department of Labor 23 [DEPARTMENT] as an apprentice; or 24 (B) been engaged for at least 4,000 [1,800] hours as a 25 dispensing [PRACTICING] optician in eyeglasses and at least 2,000 hours 26 as a dispensing optician in contact lenses in good standing in a state, 27 territory, district, or possession of the United States; 28 (3) has passed the applicable examination required under 29 AS 08.71.090 with a score acceptable to the board; 30 (4) has passed a course designated in the board's regulations as being 31 acceptable; and
01 (5) has paid the required license fee. 02 * Sec. 5. AS 08.71.145 is amended to read: 03 Sec. 08.71.145. Licensure by credentials. A person with a valid license as a 04 dispensing optician from another state, territory, district, or possession of the United 05 States with licensing requirements substantially equivalent to or higher than those of 06 this state shall, without further examination, be issued a license under this chapter 07 for those professional areas in which the person is licensed in the other jurisdiction 08 upon payment of any fee and documentation that the board may require by regulation. 09 * Sec. 6. AS 08.71.145 is amended by adding new subsections to read: 10 (b) A person who is designated by the American Board of Opticianry as a 11 master optician or as an advanced certified optician may be issued a license 12 authorizing the person to act as a dispensing optician with respect to eyeglasses upon 13 payment of the appropriate fee and submission of the documentation that the board 14 may require by regulation. 15 (c) A person who is designated a fellow of the Contact Lens Society of 16 America or who is designated by the National Contact Lens Examiners as an advanced 17 certified contact lens fitter may be issued a license authorizing the person to act as a 18 dispensing optician with respect to contact lenses upon payment of the appropriate fee 19 and submission of the documentation that the board may require by regulation. 20 * Sec. 7. AS 08.71.160(a) is amended to read: 21 (a) A person may be employed by [OR SERVE UNDER] a licensed 22 physician, optometrist, or dispensing optician as an apprentice for dispensing optician 23 tasks. An apprentice shall register with the United States Department of Labor 24 [DEPARTMENT] before beginning employment [OR SERVICE] as an apprentice [, 25 SHALL BE DESIGNATED AS SUCH IN THE RECORDS OF THE BOARD,] and 26 shall be in training under the regular supervision of the [A] licensed physician, 27 optometrist, or dispensing optician. Notwithstanding AS 08.71.180, a registered 28 apprentice may perform dispensing optician tasks that are delegated by and performed 29 under the regular supervision of the licensed physician, optometrist, or dispensing 30 optician and may use the title "dispensing optician apprentice." 31 * Sec. 8. AS 08.71.200 is amended to read:
01 Sec. 08.71.200. Contact lenses. Contact lenses shall be fitted in conjunction 02 with and under the supervision of a licensed physician or an optometrist using [AND 03 WITH] a written contact-lens fitting authorization that (1) shows the powers of the 04 sphere and the cylinder and axis location; (2) includes an authorization to fit; and 05 (3) states a requirement that the patient must return to the person who 06 prescribed the contact lenses for a final evaluation after the fitting has been 07 completed [PRESCRIPTION SHOWING THAT THE PRESCRIPTION MAY BE 08 FILLED FOR CONTACT LENSES AND REQUIRING THAT THE PATIENT 09 RETURN TO SEE THE PRESCRIBING PHYSICIAN OR OPTOMETRIST]. In no 10 case may contact lenses be prepared by neutralizing a person's eyeglasses. Duplicate 11 contact lenses may be dispensed, mailed to, or otherwise delivered to a patient 12 from a written contact lens prescription that shows the exact specifications and 13 parameters needed to exactly duplicate the patient's previous contact lenses. 14 Notwithstanding other provisions of this section, contact lenses may not be 15 provided to a patient at a time that is after the expiration of the most recent 16 prescription for the patient unless authorized in writing or orally by the person 17 who issued the prescription [OR SPECTACLES]. 18 * Sec. 9. AS 08.71.230 is amended to read: 19 Sec. 08.71.230. Exemptions from and limitations on the application of this 20 chapter. This chapter may not be construed to 21 (1) limit or restrict a licensed physician or optometrist from the 22 practices enumerated in this chapter, and each licensed physician and optometrist has 23 all the rights and privileges that [WHICH] may accrue under this chapter to 24 dispensing opticians licensed under it; 25 (2) prohibit an unlicensed person from performing mechanical work 26 upon inert matter in an optical office, laboratory or shop; 27 (3) prohibit an unlicensed person from engaging in the sale of 28 eyeglasses, [SPECTACLES,] magnifying glasses, goggles, sunglasses, telescopes, 29 binoculars, or any like articles that [WHICH] are completely preassembled and sold 30 only as merchandise; however, the exemption in this paragraph does not authorize 31 an unlicensed person to sell contact lenses of any type;
01 (4) authorize or permit a licensee under this chapter to hold out as 02 being able to, or to offer to, or to attempt by any means, to refract or exercise eyes, 03 diagnose, treat, correct, relieve, operate or prescribe for any human ailment, 04 deficiency, deformity, disease or injury. 05 * Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to 06 read: 07 TRANSITION. (a) Notwithstanding AS 08.71.110(a), as amended by sec. 4 of this 08 Act, a person who has completed before the effective date of this Act the requirements of 09 former AS 08.71.110(a) is not required to complete the requirements of AS 08.71.110(a), as 10 amended by sec. 4 of this Act, in order to receive a license as a dispensing optician under 11 AS 08.71, as amended by this Act. 12 (b) Notwithstanding AS 08.71.110(a), as amended by sec. 4 of this Act, a person who 13 is in a training program for an optician's license under AS 08.71 when this Act takes effect 14 may satisfy the requirements of former AS 08.71.110(a), instead of AS 08.71.110(a) as 15 amended by this Act, in order to receive an optician's license.