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 AS 08.01.010(16) is repealed and reenacted to read: 06 (16) regulation of dispensing opticians under AS 08.71; 07 * Sec. 2.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