HB 405 - EXTEND BOARD OF OPTOMETRISTS The next order of business to come before the House State Affairs Committee was CSHB 405(STA). CHAIR JAMES called on Walter Wilcox, Legislative Assistant, House State Affairs Committee, to present the committee substitute. Number 0133 WALT WILCOX, Legislative Assistant, House State Affairs Committee, requested Catherine Reardon, Director, Division of Occupational Licensing, to join him at the table. He also announced Jeffrey Gonnason, O.D. was on line in Anchorage to testify regarding the changes in the committee substitute. Number 0171 JEFFREY GONNASON, O.D., American Optometric Association, said CSHB 405(STA) extended the optometry licensing board, and contained the amendments suggested by the state legislative audit. It repealed sections to comply with the Americans with Disabilities Act (ADA), repealed the section on branch licenses, and added language to clarify the delegation of duties to employees of licensed physicians and optometrists, and lastly, clarified the exemption from the optician chapter. He explained licensed physicians and optometrists had always utilized assistants in their practice such as opticians. He explained in 1980 changes were made to the optician audit of which included the surreptitious removal of the exemption. He said this caused a conflict of the laws. He said he tried to resolve this in regulation as the optometry board president in 1988, but discovered it needed to be resolved in statute. The recent audits of the board of opticians and the board of optometrist pointed out the conflict so CSHB 405(STA) resolved this problem by clarifying that doctors may delegate duties to their employees in their office and under their supervision, and that these employees, who the doctor was responsible for, were exempt from the optician law. This bill, however, would not change current practices. Number 0298 CHAIR JAMES called on Catherine Reardon, Division of Occupational Licensing, to testify. Number 0306 CATHERINE REARDON, Director, Central Office, Division of Occupational Licensing, Department of Commerce and Economic Development, explained CSHB 405(STA) resolved the conflict issue discussed the last time the bill was presented to the House State Affairs Committee members. Number 0321 CHAIR JAMES announced the Board of Dispensing Opticians also supported the committee substitute. She further announced she would like to move the bill to the next committee of referral. Number 0338 MR. WILCOX explained Dr. Madson in Juneau, Dr. Gonnason in Anchorage, and the department suggested adding to page 1, line 11, the word "opticianry" after the word "delegated," and to page 2, line 15, the word "opticianry" after the word "perform." Number 0390 REPRESENTATIVE IVAN moved to adopt CSHB 405(STA) for consideration. Hearing no objection it was so adopted. Number 0397 REPRESENTATIVE IVAN moved that page 1, line 11, the word "opticianry" be inserted after the word "delegated," and that page 2, line 15, the word "opticianry" be inserted after the word "perform." Hearing no objection, it was so amended. Number 0424 REPRESENTATIVE IVAN moved that CSHB 405(STA) as amended move from the committee with individual recommendations and attached fiscal note. Hearing no objection, it was so moved from the House State Affairs Committee.