00                            SENATE BILL NO. 149                                                                         
01 "An Act relating to redistribution of used eyeglasses."                                                                 
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1. 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 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 and each licensee;                                                                 
14                 (6)  to approve nonprofit organizations for the distribution and                                    
15       fitting of used eyeglasses;                                                                                   

01                 (7) [(6)]  to enforce the provisions of this chapter and adopt or amend                             
02       regulations necessary to make these provisions effective.                                                       
03    * Sec. 2. AS 08.71.230 is amended to read:                                                                         
04            Sec. 08.71.230. Exemptions from and limitations on the application of this                                 
05       chapter. This chapter may not be construed to                                                                   
06                 (1)  limit or restrict a licensed physician or optometrist from the                                     
07       practices enumerated in this chapter, and each licensed physician and optometrist has                             
08       all the rights and privileges that [WHICH] may accrue under this chapter to                                   
09       dispensing opticians licensed under it;                                                                           
10                 (2)  prohibit an unlicensed person from performing mechanical work                                      
11       upon inert matter in an optical office, laboratory, or shop;                                                  
12                 (3)  prohibit an unlicensed person from engaging in the sale of                                         
13       eyeglasses, spectacles, magnifying glasses, goggles, sunglasses, telescopes,                                      
14       binoculars, or any like articles that [WHICH] are completely preassembled and sold                            
15       only as merchandise;                                                                                              
16                 (4)  authorize or permit a licensee under this chapter to hold out as                                   
17       being able to, or to offer to, or to attempt by any means, to refract or exercise eyes,                           
18       diagnose, treat, correct, relieve, operate or prescribe for any human ailment,                                    
19       deficiency, deformity, disease or injury;                                                                     
20                 (5)  limit the authority of a nonprofit organization approved by the                                
21       board to distribute and fit used eyeglasses if the eyeglasses are distributed and                             
22       fitted free of charge and the fitting of the eyeglasses is done under a written                               
23       prescription from a licensed physician or optometrist.                                                        
24    * Sec. 3. AS 09.65 is amended by adding a new section to read:                                                     
25            Sec. 09.65.305. Immunity for distributing free recycled used eyeglasses. A                                 
26       nonprofit organization approved by the board of dispensing opticians is not liable for                            
27       distributing recycled used eyeglasses if                                                                          
28                 (1)  the eyeglasses are distributed and fitted free of charge and the                                   
29       fitting is done                                                                                                   
30                      (A)  under a written prescription from a licensed physician or                                     
31            optometrist; and                                                                                             

01                      (B)  by a person licensed to fit eyeglasses in this state; and                                     
02                 (2)  the organization obtains informed consent from the person                                          
03       receiving the eyeglasses and provides the person receiving the eyeglasses advance                                 
04       written notice of the immunity provided under this section.