AS Title 8, Chapter 71: Dispensing Opticians

Article 1. Administration. Chapter 71. Dispensing Opticians. Secs. 08.71.010 , 08.71.020. Creation of board; membership. [Repealed, § 4 ch 19 and § 56 ch 40 SLA 2008.] Sec. 08.71.030. Qualifications of board members. [Repealed, § 14 ch 56 SLA 1980.] Sec. 08.71.040. Election of officers. [Repealed, § 4 ch 19 and § 56 ch 40 SLA 2008.] Sec. 08.71.045. Removal of board members. [Repealed, § 49 ch 94 SLA 1987. For current law, see AS 08.01.020 .] Sec. 08.71.050. Board regulations. [Repealed, § 14 ch 56 SLA 1980.] Sec. 08.71.055. Powers and duties. The department shall have the following powers and duties: (1) to issue licenses to applicants; (2) to renew licenses; (3) to hold hearings and order disciplinary sanctions against a person who violates this chapter or the regulations of the department; (4) to supply forms for applications, licenses, and other needed documents; (5) to keep a record of all proceedings open to the public, including the name of each license applicant and each licensee; (6) to approve nonprofit organizations for the distribution and fitting of used eyeglasses; (7) to enforce the provisions of this chapter and adopt or amend regulations necessary to make these provisions effective. Secs. 08.71.060 — 08.71.070. Record of proceedings; applicability of Administrative Procedure Act. [Repealed, § 14 ch 56 SLA 1980.] Article 2. Licensing. Sec. 08.71.080. License required. A person may not act as a dispensing optician in the state unless the person is licensed under this chapter. A license shall be issued for (1) the dispensing of contact lenses, or (2) the dispensing of other lenses, eyeglasses, spectacles, artificial eyes, and their appurtenances, or (3) both. The department shall by endorsement on the license designate for which aspect of dispensing opticianry the license is issued. Sec. 08.71.085. Malpractice insurance. [Repealed, § 40 ch 177 SLA 1978.] Sec. 08.71.090. Examination requirement. To be licensed to dispense contact lenses, a person, unless eligible for licensing under AS 08.71.145 , shall document to the department that the person has passed the contact lens registry examination offered by the National Contact Lens Examiners with a score acceptable to the department. In order to be licensed to dispense other lenses, eyeglasses, spectacles, artificial eyes, and their appurtenances, a person, unless eligible for licensing under AS 08.71.145 , shall document to the department that the person has passed the national opticianry competency examination offered by the American Board of Opticianry with a score acceptable to the department. An applicant for licensure in both areas shall document having received a score acceptable to the department on both examinations. The department shall, by regulation, establish the scores that will be acceptable for the examinations described in this section. Sec. 08.71.100. Administration of examination. [Repealed, § 12 ch 58 SLA 2002.] Sec. 08.71.110. Qualifications for licensure. (a) The department may issue a license to a person who (1) has had education equivalent to four years attendance at a high school; (2) has either (A) completed at least 1,800 hours of training as an apprentice after registering with the department as an apprentice; or (B) been engaged for at least 1,800 hours as a practicing optician in good standing in a state, territory, district, or possession of the United States; (3) has passed the applicable examination required under AS 08.71.090 with a score acceptable to the department; (4) has passed a course designated in the department's regulations as being acceptable; and (5) has paid the required license fee. (b) Graduation from an associate degree program in a recognized school or college of opticianry may be substituted for the experience required by (a)(2) and (4) of this section. Sec. 08.71.120. Fees. The department shall set fees under AS 08.01.065 for initial license and license renewal. Sec. 08.71.130. Renewal of license. (a) [Repealed, § 49 ch 94 SLA 1987.] (b) [Repealed, § 49 ch 94 SLA 1987.] (c) If the license remains lapsed for more than one year, the department may require the applicant to retake and successfully pass again the applicable examination or examinations required under AS 08.71.090 . (d) Before a license may be renewed, the licensee shall submit to the department evidence of continuing competence in optical dispensing as prescribed by regulations of the department. Sec. 08.71.140. Display of license. A licensed dispensing optician shall conspicuously display a personal license issued under this chapter in any place that the licensed dispensing optician transacts business. Sec. 08.71.145. Licensure by credentials. A person with a valid license as a dispensing optician from another state, territory, district, or possession of the United States with licensing requirements substantially equivalent to or higher than those of this state shall be issued a license under this chapter for those professional areas in which the person is licensed in the other jurisdiction upon payment of any fee and documentation that the department may require by regulation. Sec. 08.71.150. Issuance of license by reciprocity. [Repealed, § 5 ch 92 SLA 1996.] Sec. 08.71.160. Dispensing optician's apprentice. (a) A person may be employed by or serve under a licensed physician, optometrist, or dispensing optician as an apprentice for dispensing optician tasks. An apprentice shall register with the department before beginning employment or service as an apprentice, shall be designated as an apprentice in the records of the department, and shall be in training under the regular supervision of a licensed physician, optometrist, or dispensing optician. Notwithstanding AS 08.71.180 , a registered apprentice may perform dispensing optician tasks that are delegated by and performed under the regular supervision of the licensed physician, optometrist, or dispensing optician and may use the title “dispensing optician apprentice.” (b) No more than two apprentices may be under the direct supervision of one licensed dispensing optician at the same time. Sec. 08.71.163. Dispensing optician's assistant. Notwithstanding AS 08.71.180 , a person who is not a licensed dispensing optician or a registered apprentice under AS 08.71.160 may perform dispensing optician tasks that are delegated by and performed under the regular supervision of a licensed physician, optometrist, or dispensing optician. The hours spent as an assistant under this section may not be counted toward satisfaction of the training requirement in AS 08.71.110 (a), and the assistant may not use a title that includes the word “optician” or “opticianry.” Sec. 08.71.165. Delegation authorized. A licensed physician, optometrist, or dispensing optician may delegate dispensing optician tasks to an apprentice or assistant. The licensee shall regularly supervise the performance of the delegated tasks and retains responsibility for the proper performance of the delegated tasks. Article 3. Unlawful Acts. Sec. 08.71.170. Prohibited conduct. The department may revoke or suspend the license of a dispensing optician, or the licensee may be reprimanded or otherwise disciplined, when the department finds after a hearing that the licensee (1) secured a license through deceit, fraud, or intentional misrepresentation; (2) engaged in deceit, fraud, or intentional misrepresentation in the course of providing professional services or engaging in professional activities; (3) advertised professional services in a false or misleading manner; (4) has been convicted of a crime that affects the licensee's ability to continue to practice competently and safely; (5) intentionally or negligently engaged in or permitted the performance of patient care by persons under the licensee's supervision that does not conform to minimum professional standards regardless of whether actual injury to the patient occurred; (6) continued to practice after becoming unfit due to (A) professional incompetence; (B) addiction to or severe dependency on alcohol or other drugs that impairs the licensee's ability to practice safely; (C) physical or mental disability; (7) engaged in lewd or immoral conduct in connection with the delivery of professional service to patients; (8) participated in the division, assignment, rebate, or refund of fees to a physician or optometrist in consideration of patient referrals; (9) advertised the services of any other segment of the healing arts. Sec. 08.71.175. Disciplinary sanctions. [Repealed, § 49 ch 94 SLA 1987. For current law, see AS 08.01.075 .] Sec. 08.71.180. Practicing without a license. A person may not practice as a dispensing optician without a license issued under this chapter or while the person's license is suspended or revoked. A person who violates this section is guilty of a class B misdemeanor. Article 4. Miscellaneous Provisions. Sec. 08.71.200. Contact lenses. Contact lenses shall be fitted in conjunction with and under the supervision of a licensed physician or an optometrist and with a written contact-lens prescription showing that the prescription may be filled for contact lenses and requiring that the patient return to see the prescribing physician or optometrist. In no case may contact lenses be prepared by neutralizing a person's eyeglasses or spectacles. Article 5. General Provisions. Sec. 08.71.220. Persons practicing as dispensing opticians before July 1, 1973. [Repealed, § 30 ch 6 SLA 1984.] Sec. 08.71.230. Exemptions from and limitations on the application of this chapter. This chapter may not be construed to (1) limit or restrict a licensed physician or optometrist from the practices enumerated in this chapter, and each licensed physician and optometrist has all the rights and privileges that may accrue under this chapter to dispensing opticians licensed under it; (2) prohibit an unlicensed person from performing mechanical work upon inert matter in an optical office, laboratory, or shop; (3) prohibit an unlicensed person from engaging in the sale of eyeglasses, spectacles, magnifying glasses, goggles, sunglasses, telescopes, binoculars, or any like articles that are completely preassembled and sold only as merchandise; (4) authorize or permit a licensee under this chapter to hold out as being able to, or to offer to, or to attempt by any means, to refract or exercise eyes, diagnose, treat, correct, relieve, operate, or prescribe for any human ailment, deficiency, deformity, disease, or injury; (5) limit the authority of a nonprofit organization approved by the department to distribute and fit used eyeglasses if the eyeglasses are distributed and fitted free of charge and the fitting of the eyeglasses conforms, to the extent possible, with a written prescription from a licensed physician or optometrist. Sec. 08.71.240. Definitions. In this chapter, (1) “department” means the Department of Commerce, Community, and Economic Development; (2) “dispensing optician” means a person who, on written prescription from a licensed physician or optometrist, prepares and dispenses to the intended wearer or person who writes the prescription, original or duplicate lenses, eyeglasses, contact lenses, and appurtenances to them, and interprets, measures, adapts, fits, and adjusts lenses, eyeglasses, contact lenses, and appurtenances to them in accordance with the written prescription, to the face for the aid or correction of visual or ocular anomalies of the human eye; (3) “supervision” means the provision of any needed direction, control, consultation, instruction, evaluation, and personal inspection of work being performed.