Brief Description: The Board of Optometry proposes to update regulations regarding continuing education requirements, licensure, prescription drug monitoring program controlled substance prescription database (PDMP), and prescription of pharmaceutical agents, to implement amendments to AS 08.72 and AS 17.30 enacted under Chapter 25, SLA 2016 (SB 74) and Chapter 2, SSSLA 2017 (HB 159).

The Board of Optometry (Board) proposes to adopt regulation changes in Title 12, Chapter 48 of the Alaska Administrative Code including the following:

   1.  12 AAC 48.011. License by examination, is proposed to be changed to amend the requirements
        for license by examination to practice optometry.

   3. 12 AAC 48.200. License renewals and continuing education, is proposed to amend the 
        continuing education requirements for license renewal.            

   4. 12 AAC 48.210. Hours of continuing education required, is proposed to amend the continuing 
        education requirements for license renewal.

   5. 12 AAC 48.230. Exception from continuing education requirements for active duty military
        service, is proposed to amend the active duty military requirements for continuing education for
        license renewal.

   6. 12 AAC 48.240. Exemption from continuing education requirements for active duty member
        of commissioned corps during deployment, is a proposed new section for exemption of
        continuing education for license renewal for members of the Commissioned Corps Service.

   7. 12 AAC 48.340. Prescription and use of pharmaceutical agent, is a proposed new section for 
        prescription and use of a pharmaceutical agent by an optometrist.

   8. 12 AAC 48.350. Use of controlled substances; limitations, is a proposed new section outlining
        the requirements of utilizing a controlled substance by an optometrist.

   9. 12 AAC 48.360. Registration with the prescription drug monitoring program controlled
        substance prescription database, is a proposed new section that establishes the requirement
        for registration with the prescription drug monitoring program’s controlled substance
        prescription database for optometrists.
        

You may comment on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, by submitting written comments to Sher Zinn, Regulations Specialist, Division of Corporations, Business and Professional Licensing, P.O. Box 110806, Juneau, AK  99811-0806. Additionally, the Board will accept comments by facsimile at (907) 465-2974 and by electronic mail at RegulationsAndPublicComment@alaska.gov. Comments may also be submitted through the Alaska Online Public Notice System by accessing this notice on the system at http://notice.alaska.gov/190518, and using the comment link. The comments must be received not later than 5:00 p.m. on July 31, 2018. Comments received after this deadline will not be considered by the Board.

You may submit written questions relevant to the proposed action to Sher Zinn, Regulations Specialist, Division of Corporations, Business and Professional Licensing, P.O. Box 110806, Juneau, AK  99811-0806 or by e-mail at RegulationsAndPublicComment@alaska.gov. The questions must be received at least 10 days before the end of the public comment period. The Board will aggregate its response to substantially similar questions and make the questions and responses available on the Alaska Online Public Notice System and on the Board’s website at https://www.commerce.alaska.gov/web/cbpl/ProfessionalLicensing/BoardofOptometry.aspx. The Board may, but is not required to, answer written questions received after the 10-day cut-off date and before the end of the comment period.

If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Sher Zinn at (907) 465-1049 or RegulationsAndPublicComment@alaska.gov, not later than July 23, 2018, to ensure that any necessary accommodation can be provided.

A copy of the proposed regulation changes is available on the Alaska Online Public Notice System and by contacting Sher Zinn at (907) 465-1049 or RegulationsAndPublicComment@alaska.gov, or go to https://www.commerce.alaska.gov/web/portals/5/pub/OPT-0618.pdf.

After the public comment period ends, the Board will either adopt the proposed regulation changes or other provisions dealing with the same subject, without further notice, or decide to take no action. The language of the final regulations may be different from that of the proposed regulations. You should comment during the time allowed if your interests could be affected. Written comments and questions received are public records and are subject to public inspection.

Statutory Authority: AS 08.01.100; AS 08.72.050; AS 08.72.060; AS 08.72.110; AS 08.72.140, AS 08.72.150; AS 08.72.160; AS 08.72.170; AS 08.72.181; AS 08.72.272; AS 08.72.278; AS 17.30.200

Statutes Being Implemented, Interpreted, or Made Specific: AS 08.01.100; AS 08.72.050; AS 08.72.060; AS 08.72.110; AS 08.72.140, AS 08.72.150; AS 08.72.160; AS 08.72.170; AS 08.72.181; AS 08.72.272; AS 08.72.278; AS 17.30.200

Fiscal Information:  The proposed regulation changes are not expected to require an increased appropriation.

DATE:         6/26/18                                                            /s/                                                                                                                                   Sher Zinn, Regulations Specialist                                                                                                   Division of Corporations, Business and
                                                                           Professional Licensing

For each occupation regulated under the Division of Corporations, Business and Professional Licensing, the Division keeps a list of individuals or organizations who are interested in the regulations of that occupation.  The Division automatically sends a Notice of Proposed Regulations to the parties on the appropriate list each time there is a proposed change in an occupation's regulations in Title 12 of the Alaska Administrative Code.  If you would like your address added to or removed from such a list, send your request to the Division at the address above, giving your name, either your e-mail address or mailing address (as you prefer for receiving notices), and the occupational area in which you are interested.

ADDITIONAL REGULATION NOTICE INFORMATION

(AS 44.62.190(d))

1.   Adopting agency:  Board of Optometry – Department of Commerce, Community, and Economic Development, Division of Corporations, Business and Professional Licensing.

2.   General subject of regulation:  Continuing education requirements, licensure, prescription drug monitoring program controlled substance (PDMP), and prescription and use of pharmaceutical agents.

3.   Citation of regulation:  12 AAC 48.011; 12 AAC 48.020; 12 AAC 48.200; 12 AAC 48.210; 12 AAC 48.230; 12 AAC 48.240; 12 AAC 48.340; 12 AAC 48.350; and 12 AAC 48.360.

4.   Department of Law file number:  To be assigned.

5.   Reason for the proposed action:  Compliance with new state statutes; update and clarification of current regulations.

6.   Appropriation/Allocation:  Corporations, Business and Professional Licensing – #2360.

7.   Estimated annual cost to comply with the proposed action to:

      A private person:  None known.
      Another state agency:  None known.
      A municipality:  None known.

8.   Cost of implementation to the state agency and available funding (in thousands of dollars):

      No costs are expected in FY 2019 or in subsequent years.

9.   The name of the contact person for the regulation:

      Patricia Lonergan, Licensing Examiner
      Board of Optometry
      Division of Corporations, Business and Professional Licensing
      Telephone: (907) 465-1037
      E-mail: patricia.lonergan@alaska.gov

10.   The origin of the proposed action:  Board of Optometry

11.   Date: 6/26/18        
        Prepared by: Sher Zinn, Regulations Specialist