HB 405 BD OF OPTOMETRISTS; OPTICIANS SENATOR KELLY announced HB 405 to be up for consideration. ROGER POPPE, Staff to Representative Kott, sponsor, said HB 405 extended the Board to 2002, clears up a conflict between optometrists and opticians, both of whom have assistants who assist them in dispensing glasses and contact lenses. It's been the opticians position that any dispensing would have to come under their jurisdiction. So optician apprentices would have to be qualified to this and that would include all assistants who are working for optometrists and ophthalmologists. After much debate a decision was made in favor of the optometrists. So people who work for opthomologist or optometrists do not have to have their assistants be licensed as optical assistants or optician apprentices. He explained that section 4 was a housekeeping provision. Section 5 eliminates statutory references one of which is the requirement to have branch offices for the Board - no longer necessary in Alaska. In addition there are some requirements that opticians have to meet certain visual and health requirements. They are the only Board that had this requirement so there was some concern that this wasn't constitutional and might involve litigation under the Americans With Disabilities Act. So the advice of Legislative Budget and Audit was to eliminate the reference. CATHERINE REARDON, Division of Occupational Licensing, supported HB 405. RANDY WELKER, Legislative Auditor, said HB 405 addressed all their audit's concerns. LARRY HARPER, licensed optician, said he is currently serving on the Board of Directors of the National Contact Lens Examiners which is the nationally certified testing agency for contact lens fitters. He said in the 1980 sunset review the legislature intentionally removed the exemption that existed at that time for optometrists and their employees. The reason then, as now, is if opticians are licensed, they should be licensed regardless of where they are employed. People in the State of Alaska have a right to expect that opticians are licensed regardless of where the purchase is made. They have been licensed for 23 years and there is no reasonable way to determine whether a person is qualified to perform their duties except by licensure. Giving optometry this exemption effectively creates a two tier level of competence within the field adding to consumer confusion. There is no way for an optometrist or a physician to adequately supervise all that goes on in their office. In addition it would create an unfair competitive advantage for optometrists and shows a blatant disregard for the Alaskan public. SENATOR KELLY said they would set HB 405 aside while the connection with Fairbanks was reestablished. SENATOR KELLY announced HB 405 to be up for consideration once more. MR. HARPER, testifying from Fairbanks, said the two people who were going to testify from Fairbanks, James Rothmeyer and Pam Gajdos, are associates of his and were going to testify along the same lines as he did. SENATOR TORGERSON moved to pass HB 405 from committee with individual recommendations. There were no objections and it was so ordered.