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SB 185: "An Act authorizing certain opticians to modify a near addition power to an existing eyeglass prescription."

00SENATE BILL NO. 185 01 "An Act authorizing certain opticians to modify a near addition power to an 02 existing eyeglass prescription." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 08.71.120 is amended to read: 05  Sec. 08.71.120. Fees. The department shall set fees under AS 08.01.065 for 06 examination, initial license, initial endorsement under AS 08.71.165, and license 07 renewal. 08 * Sec. 2. AS 08.71 is amended by adding a new section to article 2 to read: 09  Sec. 08.71.165. Endorsement authorizing prescription modification. (a) 10 The board may issue a license endorsement authorizing a licensed dispensing optician 11 to modify or authorize modification of a near addition power to an existing eyeglass 12 prescription for the visual comfort, needs, and convenience of the intended wearer, 13 except that a person with an endorsement under this subsection may not modify or 14 authorize modification of a prescription for a person who

01  (1) has not had a complete eye examination by a licensed optometrist 02 or physician in the three years preceding the modification; or 03  (2) is under 21 years of age. 04  (b) An endorsement under this section may be issued only to a licensee who 05 submits proof to the board of having 06  (1) attended a 100-hour course provided by the Opticians Association 07 of America entitled "100 Hour Refractometry," or its equivalent as determined by the 08 board, and having passed the final exam for the course with a score of at least 80 09 percent; 10  (2) national certification from the American Board of Opticianry (ABO) 11 as a certified Optician Refractionist; or 12  (3) national certification from the National Contact Lens Examiners 13 (NCLE) as a certified Optician Refractionist. 14  (c) Notwithstanding AS 08.72 or regulations adopted under AS 08.72, an 15 optician with an endorsement under this section may use testing equipment necessary 16 to achieve the desired result of near addition power modification without being 17 required to be licensed under AS 08.72. 18 * Sec. 3. AS 08.71.170 is amended by adding a new subsection to read: 19  (b) If the board revokes or suspends a license under (a) of this section, an 20 endorsement under AS 08.71.165, if any, for the same licensee is also revoked or 21 suspended. 22 * Sec. 4. AS 08.71.230 is amended to read: 23  Sec. 08.71.230. Exemptions from and limitations on the application of this 24 chapter. Except as provided in AS 08.71.165, this [THIS] chapter may not be 25 construed to 26  (1) limit or restrict a licensed physician or optometrist from the 27 practices enumerated in this chapter, and each licensed physician and optometrist has 28 all the rights and privileges which may accrue under this chapter to dispensing 29 opticians licensed under it; 30  (2) prohibit an unlicensed person from performing mechanical work 31 upon inert matter in an optical office, laboratory , or shop;

01  (3) prohibit an unlicensed person from engaging in the sale of 02 eyeglasses, spectacles, magnifying glasses, goggles, sunglasses, telescopes, binoculars, 03 or any like articles that [WHICH] are completely preassembled and sold only as 04 merchandise; 05  (4) authorize or permit a licensee under this chapter to hold out as 06 being able to, or to offer to, or to attempt by any means, to refract or exercise eyes, 07 diagnose, treat, correct, relieve, operate , or prescribe for any human ailment, 08 deficiency, deformity, disease , or injury.