HB 195: "An Act relating to licensure of optometrists; and providing for an effective date."
00HOUSE BILL NO. 195 01 "An Act relating to licensure of optometrists; and providing for an effective date." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 08.72.110(a) is amended to read: 04 (a) A person may not practice, attempt to practice, or offer to practice 05 optometry without first obtaining a license from the board. If the board has 06 determined under AS 08.72.172 or 08.72.175 that, in addition to a license, a 07 licensee must hold an endorsement or meet additional requirements before the 08 licensee may perform a specific diagnostic, examination, or therapeutic method 09 included in the definition of "optometry" in AS 08.72.300, a licensee may not use, 10 attempt to use, or offer to use the method without first being approved to do so 11 by the board, either by meeting the additional requirements, as determined by the 12 board, or obtaining the proper endorsement, or both, as applicable under the 13 board's regulations. 14 * Sec. 2. AS 08.72.150 is amended to read:
01 Sec. 08.72.150. Application for examination and issuance of license. An 02 applicant shall apply for the examination by filing an application with the department 03 together with the examination fee by the deadline established by the department in 04 regulations. Upon successful completion of the examination by the applicant and 05 payment of the license fee, the board shall issue a license to the successful applicant. 06 Except as provided in AS 08.72.110(a), the [THE] applicant may practice optometry 07 in the state upon receipt of the license. 08 * Sec. 3. AS 08.72 is amended by adding a new section to read: 09 Sec. 08.72.172. Additional qualifications. The board may, by regulation, 10 establish additional requirements, including professional competency or educational 11 requirements, that must be met by a licensee before the licensee may use a specific 12 diagnostic, examination, or therapeutic method included in the definition of 13 "optometry" in AS 08.72.300. The board's regulations under this section must be 14 rationally related to ensuring that the licensee is competent to use the specific 15 diagnostic, examination, or therapeutic method. 16 * Sec. 4. AS 08.72.175 is amended by adding a new subsection to read: 17 (c) The board may, by regulation, establish a requirement that a licensee obtain 18 a special endorsement to use a specific diagnostic, examination, or therapeutic 19 treatment method included within the definition of "optometry" in AS 08.72.300. The 20 board's regulations under this subsection must be rationally related to ensuring that the 21 licensee is competent to use the specific diagnostic, examination, or therapeutic 22 method. 23 * Sec. 5. AS 08.72.272(a) is amended to read: 24 (a) A licensee may prescribe and use a pharmaceutical agent in the practice 25 of optometry if 26 (1) the pharmaceutical agent is rationally related to the diagnosis and 27 treatment of [A DRUG TOPICALLY APPLIED TO] the human eye and its 28 appendages; [AND] 29 (2) the person holds a license endorsement issued by the board 30 authorizing the prescription and use of pharmaceutical agents; and 31 (3) the board has determined that the person meets the additional
01 requirements, if any, that the board may establish under AS 08.72.172. 02 * Sec. 6. AS 08.72.300(3) is repealed and reenacted to read: 03 (3) "optometry" means 04 (A) the employment of objective or subjective methods, or both, 05 including ophthalmic instrumentation, for the purpose of diagnosing and 06 treating disorders of visual, perceptual, refractive, muscular, neurological, or 07 anatomical anomaly or other abnormal conditions of the human eye and its 08 appendages; 09 (B) the prescribing of ophthalmic lenses, contact lenses, prisms, 10 or filters to aid, relieve, or correct disorders of visual, perceptual, refractive, 11 muscular, neurological, or anatomical anomaly or other abnormal conditions of 12 the human eye and its appendages; 13 (C) orthoptic training, visual therapy, perceptual therapy, 14 neuromuscular therapy, or low-vision rehabilitation to aid, relieve, or correct 15 disorders of visual, perceptual, refractive, muscular, neurological, or anatomical 16 anomaly or other abnormal conditions of the human eye and its appendages; 17 (D) the supplying, replacement, or duplication of an ophthalmic 18 spectacle lens, ophthalmic contact lens, or spectacle frame; 19 (E) examination, diagnosis, and treatment of conditions of the 20 human eye and its appendages, including 21 (i) ordering or performing laboratory tests and 22 procedures rationally related to the diagnosis of conditions of the eye 23 and its appendages; 24 (ii) prescribing and using pharmaceutical agents, 25 including controlled substances other than those listed on schedule IA 26 or IIA in AS 11.71, that are rationally related to the diagnosis and 27 treatment of conditions of the eye and its appendages; 28 (iii) performing clinical procedures that are rationally 29 related to the diagnosis and treatment of conditions of the eye and its 30 appendages, as determined by the board; 31 (iv) performing limited surgical procedures, including
01 the use of diagnostic and therapeutic laser, as determined by the board, 02 other than invasive surgery; 03 (v) administering medication for the treatment of 04 anaphylaxis or anaphylactic reaction; 05 * Sec. 7. AS 08.72.300 is amended by adding a new paragraph to read: 06 (6) "invasive surgery" means surgical procedures that 07 (A) require general anesthesia; 08 (B) open the globe of the human eye; 09 (C) resect or recess extraocular muscle tissue; or 10 (D) treat disorders of the retina. 11 * Sec. 8. REGULATIONS. The Board of Examiners in Optometry may begin the process 12 required for adopting regulations to implement this Act. The regulations may not take effect 13 before March 1, 1998. 14 * Sec. 9. Section 8 of this Act takes effect immediately under AS 01.10.070(c). 15 * Sec. 10. Except as provided in sec. 9 of this Act, this Act takes effect March 1, 1998.