AS Title 8, Chapter 72: Optometrists

Article 1. Board of Examiners in Optometry. Chapter 72. Optometrists. Sec. 08.72.010. Creation and purpose of board. There is created the Board of Examiners in Optometry to regulate and control the practice of optometry and to protect and promote the public health, welfare, and safety. Sec. 08.72.020. Membership of board. The board consists of five persons. Sec. 08.72.025. Removal of board members. [Repealed, § 49 ch 94 SLA 1987. For current law, see AS 08.01.020 .] Sec. 08.72.030. Vacancies. [Repealed, § 49 ch 94 SLA 1987. For current law, see AS 08.01.035 .] Sec. 08.72.040. Qualifications. Four board members shall be licensed, practicing optometrists who have been residents for at least three years. One board member shall be a public member. Sec. 08.72.050. Regulations. The board shall adopt regulations (1) necessary for the proper performance of its duties; (2) governing the applicants and applications for licensing; (3) for the licensing of optometrists; (4) necessary to govern the practice of optometry, including the prescription and use of pharmaceutical agents for the treatment of eye disease; (5) prescribing requirements that a person licensed under this chapter must meet to demonstrate continued professional competency; (6) developing uniform standards for the practice of optometry; (7) authorizing an optometrist licensed under this chapter to delegate routine services of optometry to an agent of the optometrist; the regulations must (A) require that an agent who is not licensed under this chapter may perform duties delegated under this paragraph only if the agent meets applicable standards established by the board; (B) prohibit an optometrist from delegating duties related to pain management and opioid use and addiction; and (C) define the phrase “routine services of optometry.” Sec. 08.72.060. Miscellaneous powers and duties of board. (a) The board or a member designated by the board may issue subpoenas, administer oaths, and take testimony concerning any matter within the board's jurisdiction. (b) The board may (1) adopt a seal; (2) define professional conduct and adopt rules of professional conduct. (c) The board shall (1) elect a chair and secretary from among its members; (2) order a licensee to submit to a reasonable physical examination if the licensee's physical capacity to practice safely is at issue; (3) require that a licensee who has a federal Drug Enforcement Administration registration number register with the controlled substance prescription database under AS 17.30.200 (n); (4) publish advisory opinions regarding whether optometry practice procedures or policies comply with acceptable standards of the practice of optometry, as provided under this chapter. (d) [Repealed by § 3 ch 59 SLA 1966.] (e) [Repealed by § 23 ch 75 SLA 1980.] (f) [Repealed by § 3 ch 59 SLA 1966.] Sec. 08.72.070. Applicability of Administrative Procedure Act. [Repealed, § 23 ch 75 SLA 1980.] Sec. 08.72.080. Compensation of board and secretary. [Repealed, § 3 ch 59 SLA 1966.] Sec. 08.72.090. Record of proceedings. [Repealed, § 23 ch 75 SLA 1980.] Sec. 08.72.100. Bond of secretary. [Repealed, § 3 ch 59 SLA 1966.] Article 2. Licensing. Sec. 08.72.110. License required. (a) Except for the practice of routine services of optometry delegated under AS 08.72.050 (7), a person may not practice, attempt to practice, or offer to practice optometry without first obtaining a license from the board. (b) Except for the practice of routine services of optometry delegated under AS 08.72.050 (7), a person not licensed as an optometrist may not fit, sell, or dispose of or take, receive, or solicit an order for fitting, sale, or disposition of spectacles, eyeglasses, or lenses for the correction or relief of an optical or visual defect of the human eye or sell spectacles, eyeglasses, or lenses from house to house, or in the streets or highways. This chapter does not apply to the sale of toy glasses, goggles consisting of plano-white or plano-colored lenses or ordinary colored glasses, or complete ready-made spectacles and eyeglasses sold only as merchandise, or the sale or repair of eyeglass frames, or repair or replacement of lenses without pretense of adapting them to the eyes. Sec. 08.72.115. Malpractice insurance. [Repealed, § 40 ch 117 SLA 1978.] Sec. 08.72.120. Registration. [Repealed § 9 ch 50 SLA 1988.] Sec. 08.72.125. Licensing of branch offices. [Repealed, § 3 ch 94 SLA 1996.] Sec. 08.72.130. Optometry register. [Repealed, § 13 ch 37 SLA 1986.] Sec. 08.72.140. Qualifications for licensure. An applicant for licensure as an optometrist (1) shall be a graduate of a school or college of optometry recognized by the board; (2) may not have committed an act in any jurisdiction that would have constituted a violation of this chapter or regulations adopted under this chapter at the time the act was committed; (3) may not have been disciplined by an optometry licensing entity in another jurisdiction and may not be the subject of a pending disciplinary proceeding conducted by an optometry licensing entity in another jurisdiction; however, the board may consider the disciplinary action and, in the board's discretion, determine if the person is qualified for licensure; (4) shall have successfully completed (A) the written and practical portions of an examination on ocular pharmacology approved by the board that tests the licensee's or applicant's knowledge of the characteristics, pharmacological effects, indications, contraindications, and emergency care associated with the prescription and use of pharmaceutical agents; (B) a nontopical therapeutic pharmaceutical agent course of at least 23 hours approved by the board or an examination approved by the board on the treatment and management of ocular disease; and (C) an optometry and nontopical therapeutic pharmaceutical agent injection course of at least seven hours approved by the board or equivalent training acceptable to the board; and (5) shall meet other qualifications for licensure as established under this chapter and regulations adopted by the board under AS 08.72.050 ; the regulations must include qualifications for licensees who hold a valid federal Drug Enforcement Administration registration number that address training in pain management and opioid use and addiction. Sec. 08.72.150. Application for examination and issuance of license. An applicant shall apply for the examination by filing an application with the department together with the examination fee by the deadline established by the department in regulations. The department may require the applicant to submit a photograph of the applicant for its files; however, the photograph may not be forwarded with the application to the board for review. Upon successful completion of the examination by the applicant and payment of the license fee, the board shall issue a license to the successful applicant. The applicant may practice optometry in the state upon receipt of the license. Sec. 08.72.160. Examination. (a) The examination must consist of two sections: (1) all or part of a national or international examination designated by regulation by the board; and (2) an examination approved by the board that is designed to test the applicant's knowledge of the laws of Alaska governing the practice of optometry and the regulations adopted under those laws. (b) [Repealed, § 9 ch 49 SLA 1988.] (c) An applicant who fails the examination may retake the examination upon payment of a fee established under AS 08.01.065 . (d) [Repealed, § 7 ch 27 SLA 2010.] Sec. 08.72.170. Licensure by credentials. The board shall issue a license by credentials to an applicant who (1) is a graduate of a school or college of optometry recognized by the board; (2) has passed a written examination approved by the board that is designed to test the applicant's knowledge of the laws of Alaska governing the practice of optometry and the regulations adopted under those laws; (3) holds a current license to practice optometry in another state or territory of the United States or in a province of Canada that has licensure requirements that the board determines are equivalent to those established under this chapter; (4) at some time in the past, received a license to practice optometry from another state or territory of the United States or from a province of Canada that required the person to have passed the National Board of Examiners in Optometry examination to qualify for licensure; (5) was engaged in the active licensed clinical practice of optometry in a state or territory of the United States or in a province of Canada for at least 3,120 hours during the 36 months preceding the date of application under this section; (6) has not committed an act in any jurisdiction that would have constituted a violation of this chapter or regulations adopted under this chapter at the time the act was committed; (7) has not been disciplined by an optometry licensing entity in another jurisdiction and is not the subject of a pending disciplinary proceeding conducted by an optometry licensing entity in another jurisdiction; however, the board may consider the disciplinary action and, in the board's discretion, determine whether the person is qualified for licensure; and (8) has received education in pain management and opioid use and addiction adequate for the practice of optometry, unless the applicant has demonstrated to the satisfaction of the board that the applicant does not currently hold a valid federal Drug Enforcement Administration registration number; an applicant may include past professional experience or professional education as proof of professional competence. Sec. 08.72.175. License endorsement. [Repealed, § 7 ch 27 SLA 2010.] Sec. 08.72.180. Annual renewal of license. [Repealed, § 7 ch 94 SLA 1968.] Sec. 08.72.181. Renewal of license. (a) [Repealed, § 49 ch 94 SLA 1987.] (b) An optometrist licensed in this state and serving in the military service of the United States, while in the discharge of official duties, may maintain eligibility to practice in this state without paying a renewal fee by registering the optometrist's name and place of residence with the department. (c) An application for license renewal must contain the name, office and post office address, date and license number of the licensee, and other information the board considers necessary. (d) Before a license may be renewed, the licensee shall submit to the board evidence that, during the (1) preceding licensing period, the licensee has met continuing education requirements as may be prescribed by regulations of the board to ensure the continued protection of the public; and (2) two years preceding the application for renewal, the licensee has completed at least two hours of education in pain management and opioid use and addiction, unless the licensee demonstrates to the satisfaction of the board that the licensee does not currently hold a valid federal Drug Enforcement Administration registration number.. (e) Before a license may be renewed, the licensee shall provide evidence of continued professional competency in accordance with the regulations adopted by the board under AS 08.72.050 (5). Sec. 08.72.185. Retired license status. (a) On retiring from practice and on payment of an appropriate one-time fee, a licensee in good standing with the board may apply for the conversion of an active or inactive license to a retired status license. A person holding a retired status license may not practice optometry in the state. A retired status license is valid for the life of the license holder and does not require renewal. A person holding a retired status license is exempt from license renewal requirements of AS 08.72.181 . (b) A person with a retired status license may apply for active licensure. Before issuing an active license under this subsection, the board may require the applicant to meet reasonable criteria, as determined under regulations of the board. Sec. 08.72.190. Fee for license by reciprocity. [Repealed, § 10 ch 76 SLA 1969.] Sec. 08.72.191. Fees. The department shall set fees under AS 08.01.065 for the following: (1) examination; (2) reexamination; (3) licensure by credentials; (4) license; (5) renewal. Secs. 08.72.200 — 08.72.220. Examination, certificate and renewal fees. [Repealed, § 10 ch 76 SLA 1969.] Sec. 08.72.230. Fees and disbursements. The department shall collect all fees and keep a record of each transaction, and shall remit to the Department of Revenue all money received. Sec. 08.72.240. Grounds for imposition of disciplinary sanctions. The board may impose disciplinary sanctions when the board finds after a hearing that a 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 felony or other 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) failed to comply with this chapter, with a regulation adopted under this chapter, or with an order of the board; (7) continued to practice after becoming unfit due to (A) professional incompetence; (B) failure to keep informed of or use current professional theories or practices; (C) addiction or severe dependency on alcohol or other drugs that impairs the licensee's ability to practice safely; (D) physical or mental disability; (8) engaged in lewd or immoral conduct in connection with the delivery of professional service to patients; (9) failed to refer a patient to a physician after ascertaining the presence of ocular or systemic conditions requiring management by a physician; (10) prescribed or dispensed an opioid in excess of the maximum dosage authorized under AS 08.72.276 ; (11) procured, sold, prescribed, or dispensed drugs in violation of a law, regardless of whether there has been a criminal action or harm to the patient. Secs. 08.72.250 , 08.72.255. Disciplinary sanctions; limits or conditions on license; discipline. [Repealed, § 49 ch 94 SLA 1987. For current law, see AS 08.01.075 .] Sec. 08.72.260. Revocation of license by court. A license may be revoked by the superior court upon proof of violation of law or for a cause for which the board may refuse admittance to its examination. The attorney general shall prosecute appropriate judicial proceedings upon request of a member of the board. Sec. 08.72.270. Practice not at place of business. (a) A licensed optometrist who temporarily practices optometry away from the optometrist's regular place of business shall display a license and deliver to each patient or person fitted or supplied with glasses or contact lenses a receipt showing the optometrist's permanent place of business or post office address and the amount charged. (b) This section may not be construed as permitting peddling or canvassing by licensed optometrists. Article 3. Miscellaneous Provisions. Sec. 08.72.272. Pharmaceutical agents. (a) A licensee may prescribe and use a pharmaceutical agent, including a controlled substance, in the practice of optometry if the pharmaceutical agent is used in a manner consistent with standards adopted by the board in regulation. The standards must include limitations on practice adopted under AS 08.72.278 . (b) [Repealed, § 7 ch 27 SLA 2010.] (c) [Repealed, § 7 ch 27 SLA 2010.] (d) In this section, “controlled substance” has the meaning given in AS 11.71.900 . Sec. 08.72.273. Removal of foreign bodies. A licensee may remove superficial foreign bodies from the eye and its appendages. This section is not intended to permit a licensee to perform invasive surgery. Sec. 08.72.274. Exemption. Except for AS 08.72.275 , this chapter and regulations adopted under this chapter do not limit the practice of an optician licensed under AS 08.71 . Sec. 08.72.275. Lenses and frames for eyeglasses and sunglasses. (a) A person may not fabricate, distribute, sell, exchange, deliver or possess with intent to distribute, sell, exchange or deliver eyeglasses or sunglasses unless they are fitted with plastic lenses, laminated lenses, heat-treated glass lenses, or glass lenses made impact resistant by other methods. All plastic and heat-treated glass lenses, before they are mounted in frames, shall be capable of withstanding the impact of a five-eighths inch steel ball dropped on the lens from a height of 50 inches. The impact test shall be conducted at room temperature, with the lens supported by a plastic tube one inch inside diameter, one and one-fourth inch outside diameter, with a one-eighth inch by one-eighth inch neoprene gasket on the top edge. (b) A person may not fabricate, distribute, sell, exchange, deliver or possess with intent to distribute, sell, exchange or deliver eyeglasses or sunglasses having frames manufactured from cellulose nitrate or other highly flammable materials. (c) A licensee may sell, exchange, or deliver eyeglasses or sunglasses that do not meet the requirements of (a) of this section if the sale, exchange, or delivery is authorized in a written request signed by the patient. (d) A person who violates this section is punishable by a fine of not less than $50 nor more than $100. Sec. 08.72.276. Maximum dosage for opioid prescriptions. (a) A licensee may not issue (1) an initial prescription for an opioid that exceeds a four-day supply to an adult patient for outpatient use; (2) a prescription for an opioid that exceeds a four-day supply to a minor; upon issuance of a prescription for an opioid to a minor, the licensee shall discuss with the parent or guardian of the minor why the prescription is necessary and the risks associated with opioid use. (b) Notwithstanding (a) of this section, a licensee may issue a prescription for an opioid that exceeds a four-day supply to an adult or minor patient if the licensee determines that more than a four-day supply of an opioid is necessary (1) to treat the patient's medical condition or for chronic pain management; the licensee may write a prescription for an opioid for the quantity needed to treat the patient's medical condition or chronic pain; the licensee shall document in the patient's medical record the condition triggering the prescription of an opioid in a quantity that exceeds a four-day supply and indicate that a nonopioid alternative was not appropriate to address the medical condition; or (2) for a patient who is unable to access a practitioner within the time necessary for a refill of the four-day supply because of a logistical or travel barrier; the licensee may write a prescription for an opioid for the quantity needed to treat the patient for the time that the patient is unable to access a practitioner; the licensee shall document in the patient's medical record the reason for the prescription of an opioid in a quantity that exceeds a four-day supply and indicate that a nonopioid alternative was not appropriate to address the medical condition; in this paragraph, “practitioner” has the meaning given in AS 11.71.900 . Sec. 08.72.278. Limitation on practice. (a) A licensee may perform the services of optometry as defined in AS 08.72.300 only if the services are within the scope of the licensee's education, training, and experience as established by regulations adopted by the board. (b) A licensee may not perform ophthalmic surgery unless the procedure is (1) within the scope of the licensee's education and training from an accredited school of optometry; and (2) authorized by regulations adopted by the board. (c) In this section, “ophthalmic surgery” means an invasive procedure in which human tissue is cut, ablated, or otherwise penetrated by incision, laser, or other means to treat diseases of the human eye, alter or correct refractive error, or alter or enhance cosmetic appearance; “ophthalmic surgery” does not include the procedure described under AS 08.72.273 . Sec. 08.72.280. Prohibited acts. A person may not falsely personate a licensed optometrist, or buy, sell, or fraudulently obtain a license issued to another or advertise the practice of optometry in violation of regulations of the board. Except for the practice of routine services of optometry delegated under AS 08.72.050 (7), practicing or offering to practice optometry without a license is sufficient evidence of a violation of this chapter. Sec. 08.72.290. Criminal penalty. A person who violates this chapter is guilty of a misdemeanor and is punishable by a fine of not less than $50 nor more than $500, or by imprisonment for a term of not less than 10 days nor more than 90 days, or by both. Article 4. General Provisions. Sec. 08.72.300. Definitions. In this chapter, (1) “board” means the Board of Examiners in Optometry; (2) “department” means the Department of Commerce, Community, and Economic Development; (3) “opioid” includes the opium and opiate substances and opium and opiate derivatives listed in AS 11.71.140 and 11.71.160; (4) “optometry” means the examination, evaluation, diagnosis, treatment, or performance of preventive procedures related to diseases, disorders, or conditions of the human eyes or adjacent and associated structures, consistent with this chapter and regulations adopted by the board; (5) “practicing optometry” means the performance of, or offer to perform, optometry for compensation; (6) “recognized school or college of optometry” means a school or college approved by the American Optometric Association or a committee of the American Optometric Association. Sec. 08.72.310. Short title. This chapter may be cited as the Optometry Law.