00                      CS FOR SENATE BILL NO. 149(L&C)                                                                    
01 "An Act relating to redistribution of used eyeglasses and to the Board of Dispensing                                    
02 Opticians."                                                                                                             
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 08.71.055 is amended to read:                                                                      
05            Sec. 08.71.055. Powers and duties. The department [BOARD] shall have the                               
06       following powers and duties:                                                                                      
07                 (1)  to issue licenses to applicants;                                                                   
08                 (2)  to renew licenses;                                                                                 
09                 (3)  to hold hearings and order disciplinary sanctions against a person                                 
10       who violates this chapter or the regulations of the department [BOARD];                                       
11                 (4)  to supply forms for applications, licenses, and other needed                                       
12       documents;                                                                                                        
13                 (5)  to keep a record of all proceedings open to the public, including the                              
14       name of each license applicant and each licensee;                                                                 
01                 (6)  to approve nonprofit organizations for the distribution and                                    
02       fitting of used eyeglasses;                                                                                   
03                 (7) [(6)]  to enforce the provisions of this chapter and adopt or amend                             
04       regulations necessary to make these provisions effective.                                                       
05    * Sec. 2. AS 08.71.230 is amended to read:                                                                         
06            Sec. 08.71.230. Exemptions from and limitations on the application of this                                 
07       chapter. This chapter may not be construed to                                                                   
08                 (1)  limit or restrict a licensed physician or optometrist from the                                     
09       practices enumerated in this chapter, and each licensed physician and optometrist has                             
10       all the rights and privileges that [WHICH] may accrue under this chapter to                                   
11       dispensing opticians licensed under it;                                                                           
12                 (2)  prohibit an unlicensed person from performing mechanical work                                      
13       upon inert matter in an optical office, laboratory, or shop;                                                  
14                 (3)  prohibit an unlicensed person from engaging in the sale of                                         
15       eyeglasses, spectacles, magnifying glasses, goggles, sunglasses, telescopes,                                      
16       binoculars, or any like articles that [WHICH] are completely preassembled and sold                            
17       only as merchandise;                                                                                              
18                 (4)  authorize or permit a licensee under this chapter to hold out as                                   
19       being able to, or to offer to, or to attempt by any means, to refract or exercise eyes,                           
20       diagnose, treat, correct, relieve, operate or prescribe for any human ailment,                                    
21       deficiency, deformity, disease or injury;                                                                     
22                 (5)  limit the authority of a nonprofit organization approved by the                                
23       department to distribute and fit used eyeglasses if the eyeglasses are distributed                            
24       and fitted free of charge and the fitting of the eyeglasses conforms, to the extent                           
25       possible, with a written prescription from a licensed physician or optometrist.                               
26    * Sec. 3. AS 09.65 is amended by adding a new section to read:                                                     
27            Sec. 09.65.305. Immunity for distributing free recycled used eyeglasses. A                                 
28       nonprofit organization approved by the department of dispensing opticians is not liable                           
29       for distributing recycled used eyeglasses if                                                                      
30                 (1)  the eyeglasses are distributed and fitted free of charge and the                                   
31       fitting conforms, to the extent possible, with a written prescription from a licensed                             
01       physician or optometrist; 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.                                                       
05    * Sec. 4. AS 08.01.010(16), 08.01.050(d)(3); AS 08.03.010(c)(9); AS 08.71.010, 08.71.020,                          
06 08.71.040, 08.71.240(1); and AS 44.62.330(a)(22) are repealed.                                                          
07    * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to                          
08 read:                                                                                                                   
09       REVISOR'S INSTRUCTION. In the following statute sections, the revisor of statutes                                 
10 shall substitute the word "department" for "board": AS 08.71.080, 08.71.090, 08.71.110,                                 
11 08.71.130, 08.71.145, 08.71.160, and 08.71.170.