Enrolled HB 245: Relating to licensure as an optometrist; establishing a retired status optometrist license; and providing for an effective date.
00Enrolled HB 245 01 Relating to licensure as an optometrist; establishing a retired status optometrist license; and 02 providing for an effective date. 03 _______________ 04 * Section 1. AS 08.72.140 is amended to read: 05 Sec. 08.72.140. Qualifications for licensure [EXAMINATION]. An 06 applicant for licensure as an optometrist 07 (1) shall be [THE BOARD SHALL ADMIT TO THE 08 EXAMINATION A PERSON WHO FURNISHES PROOF THAT THE PERSON 09 (1) HAS HAD EDUCATION EQUIVALENT TO FOUR YEARS 10 ATTENDANCE AT A STATE HIGH SCHOOL; 11 (2) IS] a graduate of a [RECOGNIZED] school or college of 12 optometry recognized by the board; 13 (2) may not have [(3) HAS NOT] committed an act in any jurisdiction 14 that would have constituted a violation of this chapter or regulations adopted under
01 this chapter at the time the act was committed; 02 (3) may not have [(4) HAS NOT] been disciplined by an optometry 03 licensing entity in another jurisdiction and may [IS] not be the subject of a pending 04 disciplinary proceeding conducted by an optometry licensing entity in another 05 jurisdiction; however, the board may consider the disciplinary action and, in the 06 board's discretion, determine if the person is qualified for licensure; 07 (4) shall have successfully completed 08 (A) the written and practical portions of an examination on 09 ocular pharmacology approved by the board that tests the licensee's or 10 applicant's knowledge of the characteristics, pharmacological effects, 11 indications, contraindications, and emergency care associated with the 12 prescription and use of pharmaceutical agents; 13 (B) a nontopical therapeutic pharmaceutical agent course 14 of at least 23 hours approved by the board or an examination approved by 15 the board on the treatment and management of ocular disease; and 16 (C) an optometry and nontopical therapeutic 17 pharmaceutical agent injection course of at least seven hours approved by 18 the board or equivalent training acceptable to the board; and 19 (5) shall meet other qualifications for licensure as established 20 under this chapter and regulations adopted by the board under AS 08.72.050 [TO 21 BE ADMITTED TO THE EXAMINATION]. 22 * Sec. 2. AS 08.72.160(c) is amended to read: 23 (c) An applicant who fails [A PORTION OF] the examination may retake the 24 examination [TAKE A REEXAMINATION IN THE PORTION FAILED] upon 25 payment of a [REEXAMINATION] fee established under AS 08.01.065. 26 * Sec. 3. AS 08.72.170 is amended to read: 27 Sec. 08.72.170. Licensure by credentials. The board shall issue a license by 28 credentials to an applicant who 29 (1) [HAS HAD EDUCATION EQUIVALENT TO FOUR YEARS OF 30 ATTENDANCE AT A STATE HIGH SCHOOL; 31 (2)] is a graduate of a [RECOGNIZED] school or college of optometry
01 recognized by the board; 02 (2) [(3)] has passed a written examination approved by the board that 03 is designed to test the applicant's knowledge of the laws of Alaska governing the 04 practice of optometry and the regulations adopted under those laws; 05 (3) [(4)] holds a current license to practice optometry in another state 06 or territory of the United States or in a province of Canada that has licensure 07 requirements that the board determines are equivalent to those established under 08 this chapter; 09 (4) [(5)] at some time in the past, received a license to practice 10 optometry from another state or territory of the United States or from a province of 11 Canada that required the person to have passed the National Board of Examiners in 12 Optometry examination to qualify for licensure [SUCCESSFULLY COMPLETE 13 AN EXAMINATION IN OPTOMETRY]; 14 (5) [(6)] was engaged in the active licensed clinical practice of 15 optometry in a state or territory of the United States or in a province of Canada for at 16 least 3,120 hours during the 36 months preceding the date of application under this 17 section; 18 (6) [(7)] has not committed an act in any jurisdiction that would have 19 constituted a violation of this chapter or regulations adopted under this chapter at the 20 time the act was committed; and 21 (7) [(8)] has not been disciplined by an optometry licensing entity in 22 another jurisdiction and is not the subject of a pending disciplinary proceeding 23 conducted by an optometry licensing entity in another jurisdiction; however, the board 24 may consider the disciplinary action and, in the board's discretion, determine if the 25 person is qualified for licensure. 26 * Sec. 4. AS 08.72.181(d) is amended to read: 27 (d) Before a license may be renewed, the licensee shall submit to the board 28 evidence that, in the four years preceding the application for renewal, the licensee 29 has 30 (1) completed eight hours of continuing education, approved by 31 the board, concerning the use and prescription of pharmaceutical agents;
01 (2) completed seven hours of continuing education, approved by 02 the board, concerning the injection of nontopical therapeutic pharmaceutical 03 agents; and 04 (3) met other [OF POSTGRADUATE] continuing education 05 requirements [INSTRUCTION] as may be prescribed by regulations of the board to 06 ensure the continued protection of the public. 07 * Sec. 5. AS 08.72 is amended by adding a new section to read: 08 Sec. 08.72.185. Retired license status. (a) On retiring from practice and on 09 payment of an appropriate one-time fee, a licensee in good standing with the board 10 may apply for the conversion of an active or inactive license to a retired status license. 11 A person holding a retired status license may not practice optometry in the state. A 12 retired status license is valid for the life of the license holder and does not require 13 renewal. A person holding a retired status license is exempt from license renewal 14 requirements of AS 08.72.181. 15 (b) A person with a retired status license may apply for active licensure. 16 Before issuing an active license under this subsection, the board may require the 17 applicant to meet reasonable criteria, as determined under regulations of the board. 18 * Sec. 6. AS 08.72.272(a) is amended to read: 19 (a) A licensee [WITH AN ENDORSEMENT ISSUED UNDER 20 AS 08.72.175(a)] may prescribe and use a pharmaceutical agent, including a 21 controlled substance, in the practice of optometry if 22 (1) the pharmaceutical agent 23 (A) is prescribed and used for the treatment of ocular disease or 24 conditions, ocular adnexal disease or conditions, or emergency anaphylaxis; 25 (B) is not a schedule IA, IIA, or VIA controlled substance; 26 (C) is prescribed in a quantity that does not exceed four days of 27 prescribed use if it is a controlled substance; 28 (D) is not injected into the ocular globe of the eye; and 29 (E) is not a derivative of clostridium botulinum; and 30 (2) the licensee 31 (A) has a physician-patient relationship, as defined by the
01 board in regulations adopted under this chapter, with the person to whom the 02 pharmaceutical agent is prescribed; and 03 (B) has on file with the department the licensee's current 04 federal Drug Enforcement Administration registration number that is valid for 05 the controlled substance prescribed or used. 06 * Sec. 7. AS 08.72.160(d), 08.72.175, 08.72.272(b), and 08.72.272(c) are repealed. 07 * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 08 read: 09 TRANSITIONAL PROVISIONS AFFECTING EXISTING LICENSEES. (a) A 10 license issued under AS 08.72.150 by the Board of Examiners in Optometry before the 11 effective date of this Act is valid for 12 (1) the scope of practice authorized for that license when issued; and 13 (2) the period issued. 14 (b) A licensee holding a license issued before the effective date of this Act who does 15 not have a license endorsement issued under AS 08.72.175(a), as it read on the day before the 16 effective date of this Act, may apply to the Board of Examiners in Optometry for a restricted 17 license. 18 (c) The Board of Examiners in Optometry may issue a restricted license, restricting 19 the optometrist from prescribing or using a pharmaceutical agent in the practice of optometry 20 except for use of a drug topically applied to the human eye and its appendages as permitted 21 under former AS 08.72.175(c) and former AS 08.72.272(c), to an optometrist who has a 22 license issued before the effective date of this Act and a license endorsement issued under 23 AS 08.72.175(c), as it read on the day before the effective date of this Act. 24 (d) The Board of Examiners in Optometry may issue a restricted license, restricting 25 the optometrist from prescribing or using a pharmaceutical agent in the practice of optometry, 26 to an optometrist who has a license issued before the effective date of this Act but does not 27 have a license endorsement issued before the effective date of this Act. 28 (e) A restricted license issued under (c) or (d) of this section may be renewed under 29 the same conditions that apply to other licenses issued under AS 08.72, except that 30 (1) the holder of a restricted license under (d) of this section is not required to 31 comply with the continuing education requirements of AS 08.72.181(d)(1) and (2);
01 (2) the holder of a restricted license under (c) of this section is not required to 02 comply with the continuing education requirements of AS 08.72.181(d)(2), and is required to 03 comply with AS 08.72.181(d)(1) only to the extent specified by the Board of Examiners in 04 Optometry in regulation. 05 (f) The Board of Examiners in Optometry may remove the restrictions on a license 06 issued under this section if the licensee has met the requirements of AS 08.72.140(4), as 07 added by sec. 1 of this Act. 08 * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to 09 read: 10 REVISOR INSTRUCTION. In the section heading for AS 08.72.272, the revisor of 11 statutes shall substitute "Prescription and use of pharmaceutical agents" for "Pharmaceutical 12 agents." 13 * Sec. 10. This Act takes effect immediately under AS 01.10.070(c).