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NOTICE OF PROPOSED CHANGES TO THE DISPENSING OPTICIAN REGULATIONS OF THE DEPARTMENT OF COMMERCE, COMMUNITY, AND ECONOMIC DEVELOPMENT

BRIEF DESCRIPTION: The Department of Commerce, Community, and Economic Development proposes to adopt changes to the dispensing optician regulations regarding licensing, apprentice registration, continuing competency requirements, and repeal of certain regulations.

The Department of Commerce, Community, and Economic Development (Department) proposes to adopt regulation changes in Title 12, Chapter 30 of the Alaska Administrative Code, including the following:

1. 12 AAC 30.070. License by examination, is proposed to repeal and readopt the section, to clarify requirements for initial licensure including the examination, work experience and training.

2. 12 AAC 30.075. Approved course, is proposed to be amended by removing references to "board", update the name of the course for spectacles to the Ophthalmic Career Progression Program (OCPP),
and repeal outdated regulations.

3. 12 AAC 30.100. License by credentials, is proposed to be amended to require the verification of current licensure to include the examination information, add work experience, and a new form to the application process.

4. 12 AAC 30.105. License endorsement, is proposed to be amended to require course verification
if applying by examination, and add official transcripts in lieu of the work experience or training requirements.

5. 12 AAC 30.110. Apprentice registration, is proposed to be amended to clarify application requirements, change "board" to department", repeal a paragraph, clarify supervision, and add registration renewal.

6. 12 AAC 30.125. Supervision of apprentice, is proposed to be amended to allow an option for an alternate supervisor, and require the supervisor to submit a form when the apprentice is terminated.

7. 12 AAC 30.200. Approved continuing competence experiences, is proposed to be amended to change "board" to "department", and repeal a paragraph.

8. 12 AAC 30.210. Documenting continuing competence, is proposed to be amended to change
"board" to "department", and clarify continuing competence certificate requirements.

9. 12 AAC 30.220. Continuing competence requirements, is proposed to be amended to change
"board" to "department", and clarify continuing competence requirements.

10. 12 AAC 30.900. VerificationS, is proposed to be amended to change "board" to "department", and update references.

11. 12 AAC 30.905. License renewal and reinstatement, is a proposed new section describing
renewal and reinstatement requirements for dispensing opticians.

12. 12 AAC 30.990. Definitions, is proposed to repeal the definition for "board", and update the
meaning of "division".

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 Department 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/195382, and using the comment link. The comments must be received not later than 4:30 p.m. on October 14, 2019. Comments received after this deadline will not be considered by the Department.

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.govThe questions must be received at least 10 days before the end of the public comment period. The Department will aggregate its response to substantially similar questions and make the questions and responses available on the Department’s website at https://www.commerce.alaska.gov/web/cbpl/ProfessionalLicensing/DispensingOpticians.aspx, or on the Alaska Online Public Notice System. The Department 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 October 7, 2019, to ensure that any necessary accommodations 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/DOP-0919.pdf.

After the public comment period ends, the Department 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 regulation may be different from that of the proposed regulation. 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 08.71.055; AS 08.71.080; AS 08.71.090; AS 08.71.110; AS 08.71.130; AS 08.71.145; AS 08.71.160; AS 08.71.163; AS 08.71.165

Statutes Being Implemented, Interpreted, or Made Specific: AS 08.01.100; AS 08.71.055; AS 08.71.080; AS 08.71.090; AS 08.71.110; AS 08.71.130; AS 08.71.145; AS 08.71.160; AS 08.71.163; AS 08.71.165

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

DATE: 9/10/2019
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:
Department of Commerce, Community, and Economic Development - Division
of Corporations, Business and Professional Licensing.

2. General subject of regulation: Update regulations regarding license and renewal requirements,
clarify continuing competency, and replace "board" with "department", for the dispensing optician
licensing program.

3. Citation of regulation: 12 AAC 30.070; 12 AAC 30.075; 12 AAC 30.100; 12 AAC 30.105; 12 AAC
30.110; 12 AAC 30.125; 12 AAC 30.200; 12 AAC 30.210; 12 AAC 30.220; 12 AAC 30.900; 12 AAC 30.905; 12 AAC 30.990.

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

5. Reason for the proposed action: Update to current statutes, 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 2020 or in subsequent years.

9. The name of the contact person for the regulation:
   
Emily Mesch, Occupational Licensing Examiner
    Division of Corporations, Business and Professional Licensing
    Department of Commerce, Community, and Economic Development
    Telephone: (907) 465-2541
    E-mail: emily.mesch@alaska.gov

10. The origin of he proposed action: Division of Corporations, Business and Professional Licensing.

11. Date: 9/10/2019
      Prepared by:
Sher Zinn, Regulations Specialist
     
(907) 465-1049


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Attachments, History, Details

Revision History

Created 9/6/2019 10:40:23 AM by skzinn
Modified 9/6/2019 10:59:53 AM by skzinn

Details

Department: Commerce, Community and Economic Development
Category: Regulations
Sub-Category: Notice of Proposed Regulations
Location(s): Statewide
Project/Regulation #:
 
Publish Date: 9/10/2019
Archive Date: 10/15/2019
 
Events/Deadlines:
  • Public comment deadline
    10/14/2019 4:30pm