CSSB 175(FIN): "An Act relating to dispensing opticians, to dispensing optician apprentices, to the Board of Dispensing Opticians, and to the practice of dispensing opticianry; and providing for an effective date."
00 CS FOR SENATE BILL NO. 175(FIN) 01 "An Act relating to dispensing opticians, to dispensing optician apprentices, to the 02 Board of Dispensing Opticians, and to the practice of dispensing opticianry; and 03 providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 08.01.010(16) is repealed and reenacted to read: 06 (16) regulation of dispensing opticians under AS 08.71; 07 * Sec. 2. AS 08.71.055 is amended to read: 08 Sec. 08.71.055. Powers and duties. The department [BOARD] shall have 09 the following powers and duties: 10 (1) to issue licenses to applicants; 11 (2) to renew licenses; 12 (3) to hold hearings and order disciplinary sanctions against a person 13 who violates this chapter or the regulations of the department [BOARD]; 14 (4) to supply forms for applications, licenses, and other needed
01 documents; 02 (5) to keep a record of all proceedings open to the public, including the 03 name of each license applicant and each licensee; 04 (6) to enforce the provisions of this chapter and adopt or amend 05 regulations necessary to make these provisions effective. 06 * Sec. 3. AS 08.71.080 is amended to read: 07 Sec. 08.71.080. License required. A person may not act as a dispensing 08 optician in the state unless the person is licensed under this chapter. A license shall be 09 issued for (1) a [THE] dispensing optician for [OF] contact lenses, [OR] (2) a [THE] 10 dispensing optician for [OF] other lenses, eyeglasses, [SPECTACLES, ARTIFICIAL 11 EYES,] and their appurtenances, or (3) both. The department [BOARD] shall by 12 endorsement on the license designate for which aspect of dispensing opticianry the 13 license is issued. 14 * Sec. 4. AS 08.71.090 is amended to read: 15 Sec. 08.71.090. Examination requirement. To be licensed to act as a 16 dispensing optician for [DISPENSE] contact lenses, a person, unless eligible for 17 licensing under AS 08.71.145, shall provide documentation [DOCUMENT] to the 18 department [BOARD] that the person has passed an [THE CONTACT LENS 19 REGISTRY] examination that the department requires by regulation [OFFERED 20 BY THE NATIONAL CONTACT LENS EXAMINERS] with a score acceptable to 21 the department. For this purpose, the department shall adopt an examination 22 established by a nationally recognized professional organization for contact lens 23 examiners. To [BOARD. IN ORDER TO] be licensed to act as a dispensing 24 optician for [DISPENSE] other lenses, eyeglasses, [SPECTACLES, ARTIFICIAL 25 EYES,] and their appurtenances, a person, unless eligible for licensing under 26 AS 08.71.145, shall provide documentation [DOCUMENT] to the department 27 [BOARD] that the person has passed an [THE NATIONAL OPTICIANRY 28 COMPETENCY] examination that the department requires by regulation 29 [OFFERED BY THE AMERICAN BOARD OF OPTICIANRY] with a score 30 acceptable to the department [BOARD]. For this purpose, the department shall 31 adopt the examination established by a nationally recognized professional
01 organization for dispensing opticians examiners. An applicant for licensure in both 02 areas shall provide documentation of [DOCUMENT] having received a score 03 acceptable to the department [BOARD] on both examinations. The department 04 [BOARD] shall, by regulation, establish the scores that will be acceptable for the 05 examinations described in this section. 06 * Sec. 5. AS 08.71.110(a) is amended to read: 07 (a) The department [BOARD] may issue a license to a person who 08 (1) has [HAD EDUCATION EQUIVALENT TO FOUR YEARS 09 ATTENDANCE AT] a high school diploma or its equivalent; 10 (2) has [EITHER] 11 (A) completed at least 2,000 [1,800] hours of training for 12 eyeglasses or at least 2,000 hours of training for contact lenses as an 13 apprentice after registering with the United States Department of Labor 14 [DEPARTMENT] as an apprentice; or 15 (B) been engaged for at least 2,000 [1,800] hours as a 16 dispensing [PRACTICING] optician in eyeglasses or at least 2,000 hours as 17 a dispensing optician in contact lenses in good standing in a state, territory, 18 district, or possession of the United States; 19 (3) has passed the applicable examination required under 20 AS 08.71.090 with a score acceptable to the department [BOARD]; 21 (4) has passed a course designated in the department's [BOARD'S] 22 regulations as being acceptable; and 23 (5) has paid the required license fee. 24 * Sec. 6. AS 08.71.130(c) is amended to read: 25 (c) If a [THE] license remains lapsed for more than one year, the department 26 [BOARD] may require the applicant to retake and successfully pass again the 27 applicable examination or examinations required under AS 08.71.090. 28 * Sec. 7. AS 08.71.130(d) is amended to read: 29 (d) Before a license may be renewed, the licensee shall submit to the 30 department [BOARD] evidence of continuing competence in optical dispensing as 31 prescribed by regulations of the department [BOARD].
01 * Sec. 8. AS 08.71.145 is amended to read: 02 Sec. 08.71.145. Licensure by credentials. A person with a valid license as a 03 dispensing optician from another state, territory, district, or possession of the United 04 States with licensing requirements substantially equivalent to or higher than those of 05 this state shall be issued a license under this chapter for those professional areas in 06 which the person is licensed in the other jurisdiction upon payment of any fee and 07 documentation that the department [BOARD] may require by regulation. 08 * Sec. 9. AS 08.71.145 is amended by adding new subsections to read: 09 (b) In addition to licensing under (a) of this section, the department may issue 10 a license to a person to act as a dispensing optician with respect to eyeglasses and 11 lenses, other than contact lenses, and their appurtenances, if the person satisfies the 12 requirements that the department establishes by regulation to protect the public interest 13 and if the person pays the appropriate fee and submits the documentation that the 14 department may require by regulation. For the purposes of this subsection, the 15 department may adopt the designations of a nationally recognized professional 16 organization for dispensing opticians examiners. 17 (c) In addition to licensing under (a) of this section, the department may issue 18 a license to a person to act as a dispensing optician with respect to contact lenses and 19 their appurtenances if the person satisfies the requirements that the department 20 establishes by regulation to protect the public interest and if the person pays the 21 appropriate fee and submits the documentation that the department may require by 22 regulation. For the purposes of this subsection, the department may adopt the 23 designations of a nationally recognized professional organization for contact lens 24 examiners. 25 * Sec. 10. AS 08.71.160 is amended to read: 26 Sec. 08.71.160. Dispensing optician's apprentice. (a) To satisfy 27 apprenticeship training required by AS 08.71.110(a), a [A] person may be 28 employed by [OR SERVE UNDER] a licensed physician, optometrist, or dispensing 29 optician as an apprentice for dispensing optician tasks. An apprentice shall register 30 with the United States Department of Labor [DEPARTMENT] before beginning 31 employment [OR SERVICE] as an apprentice under this subsection [, SHALL BE
01 DESIGNATED AS SUCH IN THE RECORDS OF THE BOARD,] and shall be in 02 training under the regular supervision of the [A] licensed physician, optometrist, or 03 dispensing optician. An [NOTWITHSTANDING AS 08.71.180, A REGISTERED] 04 apprentice registered with the United States Department of Labor may perform 05 dispensing optician tasks that are delegated by and performed under the regular 06 supervision of the licensed physician, optometrist, or dispensing optician and may use 07 the title "dispensing optician apprentice." 08 (b) Not [NO] more than four [TWO] apprentices may be under the direct 09 supervision of one licensed dispensing optician at the same time. 10 * Sec. 11. AS 08.71.170 is amended to read: 11 Sec. 08.71.170. Prohibited conduct. The department [BOARD] may 12 revoke or suspend the license of a dispensing optician, or the licensee may be 13 reprimanded or otherwise disciplined when the department [BOARD] finds, after a 14 hearing, that the licensee 15 (1) secured a license through deceit, fraud, or intentional 16 misrepresentation; 17 (2) engaged in deceit, fraud, or intentional misrepresentation in the 18 course of providing professional services or engaging in professional activities; 19 (3) advertised professional services in a false or misleading manner; 20 (4) has been convicted of a crime that [WHICH] affects the licensee's 21 ability to continue to practice competently and safely; 22 (5) intentionally or negligently engaged in or permitted the 23 performance of patient care by persons under the licensee's supervision that [WHICH] 24 does not conform to minimum professional standards regardless of whether actual 25 injury to the patient occurred; 26 (6) continued to practice after becoming unfit due to 27 (A) professional incompetence; 28 (B) addiction or severe dependency on alcohol or other drugs 29 that [WHICH] impairs the licensee's ability to practice safely; 30 (C) physical or mental disability; 31 (7) engaged in lewd or immoral conduct in connection with the
01 delivery of professional service to patients; 02 (8) participated in the division, assignment, rebate, or refund of fees to 03 a physician or optometrist in consideration of patient referrals; or 04 (9) advertised the services of any other segment of the healing arts. 05 * Sec. 12. AS 08.71.180 is amended to read: 06 Sec. 08.71.180. Practicing without a license. A person may not practice as a 07 dispensing optician without a license issued under this chapter or while the person's 08 license is suspended or revoked. A person who knowingly violates this section is 09 guilty of a class b misdemeanor. In this section, "knowingly" has the meaning 10 given in AS 11.81.900. 11 * Sec. 13. AS 08.71.200 is amended to read: 12 Sec. 08.71.200. Contact lenses. Contact lenses shall be fitted in conjunction 13 with and under the supervision of a licensed physician or an optometrist using [AND 14 WITH] a written contact-lens fitting authorization that (1) shows the powers of the 15 sphere and the cylinder and axis location; (2) includes an authorization to fit; and 16 (3) states a requirement that the patient must return to the person who 17 prescribed the contact lenses for a final evaluation after the fitting has been 18 completed [PRESCRIPTION SHOWING THAT THE PRESCRIPTION MAY BE 19 FILLED FOR CONTACT LENSES AND REQUIRING THAT THE PATIENT 20 RETURN TO SEE THE PRESCRIBING PHYSICIAN OR OPTOMETRIST]. In no 21 case may contact lenses be prepared by neutralizing a person's eyeglasses. Duplicate 22 contact lenses may be dispensed, mailed to, or otherwise delivered to a patient 23 from a written contact lens prescription that shows the exact specifications and 24 parameters needed to exactly duplicate the patient's previous contact lenses. 25 Notwithstanding other provisions of this section, contact lenses may not be 26 provided to a patient at a time that is after the expiration of the most recent 27 prescription for the patient unless authorized in writing or orally by the person 28 who issued the prescription [OR SPECTACLES]. 29 * Sec. 14. AS 08.01.050(d)(3); AS 08.03.010(c)(9); AS 08.71.010, 08.71.020, 08.71.040, 30 08.71.240(1); and AS 44.62.330(a)(22) are repealed. 31 * Sec. 15. The uncodified law of the State of Alaska is amended by adding a new section to
01 read: 02 TRANSITION PROVISIONS: GENERAL. The department shall carry out the 03 functions of the board on and after July 1, 2005. Litigation, hearings, investigations, and 04 other proceedings pending on July 1, 2005, continue in effect and may be continued or 05 completed by the department. Licenses, certificates, orders, and regulations issued or adopted 06 by the board and in effect on July 1, 2005, remain in effect for the term issued or until 07 revoked, amended, vacated, or repealed by the department. In this section, "board" and 08 "department" have the meanings given in AS 08.71.240. 09 * Sec. 16. The uncodified law of the State of Alaska is amended by adding a new section to 10 read: 11 TRANSITION PROVISIONS: EFFECT ON CURRENT APPRENTICES. 12 Notwithstanding AS 08.71.110(a), as amended by sec. 5 of this Act, a person who is in an 13 apprentice program under AS 08.71.160, as that section exists before the effective date of this 14 Act, may satisfy the requirements of AS 08.71.110(a), as that section exists before the 15 effective date of this Act, instead of AS 08.71.110(a), as amended by sec. 5 of this Act, in 16 order to become a dispensing optician licensed under AS 08.71, as that chapter is amended by 17 this Act, in this state. In this section, "dispensing optician" has the meaning given in 18 AS 08.71.240. 19 * Sec. 17. This Act takes effect July 1, 2005.