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NOTICE OF PROPOSED CHANGES IN THE REGULATIONS OF THE ALASKA BOARD OF EXAMINERS IN OPTOMETRY

Brief Description: The Board of Examiners in Optometry proposes to update various regulations relating to examinations, restricted licenses, renewals and continuing education, unprofessional conduct, reinstatement, prescription requirements, and definitions.

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

  1. 12 AAC 48.015. Examinations, is proposed to allow provision for completion of open book state optometry law examination electronically.
  2. 12 AAC 48.022. Restricted licenses, is proposed to amend the requirements for restricted license renewal.
  3. 12 AAC 48.200. License renewals and continuing education, is proposed to allow for documentation or attestation of continued education instead of submission of proof of continued education, unless selected for mandatory audit.
  4. 12 AAC 48.330. Unprofessional conduct, is proposed to amend and clarify when a licensee can designate themselves as specialists.
  5. 12 AAC 48.900. Reinstatement of a lapsed license, is proposed to update provisions related to reinstatement of a lapsed license, and remove reference to incorrect regulation citation.
  6. 12 AAC 48.920. Prescription requirements, is proposed to amend and streamline the necessary items required for an eyeglasses and contact lens prescription.
  7. 12 AAC 48.990. Definitions, is proposed to remove regulations that no longer has statute reference or authorization.

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 Jun Maiquis, 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/201813, and using the comment link. The comments must be received not later than 4:30 p.m. on April 20, 2021. Comments received after this deadline will not be considered by the Board.

You may submit written questions relevant to the proposed action to Jun Maiquis, 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 Jun Maiquis at (907) 465-2537 or RegulationsAndPublicComment@alaska.gov not later than April 13, 2021 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 Jun Maiquis at (907) 465-2537 or RegulationsAndPublicComment@alaska.gov, or go to https://www.commerce.alaska.gov/web/portals/5/pub/OPT-0321.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 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 08.72.050; AS 08.72.060; AS 08.72.110; AS 08.72.150; AS 08.72.160; AS 08.72.170; AS 08.72.181; AS 08.72.240
Statutes Being Implemented, Interpreted, or Made Specific: AS 08.01.100; AS 08.72.050; AS 08.72.060; AS 08.72.110; AS 08.72.150; AS 08.72.160; AS 08.72.170; AS 08.72.181; AS 08.72.240

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

DATE: 3/17/2021
          Jun Maiquis, 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 Examiners in Optometry – Department of Commerce, Community, and Economic Development, Division of Corporations, Business and Professional Licensing.

2.   General subject of regulation: Examinations, restricted licenses, license renewal and continuing education, unprofessional conduct, reinstatement of a lapsed license, prescription requirements, and definitions.

3.   Citation of regulation: 12 AAC 48.015, 12 AAC 48.022, 12 AAC 48.200, 12 AAC 48.330, 12 AAC 48.900, 12 AAC 48.920, and 12 AAC 48.990.

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

5.   Reason for the proposed action: Update and clarification of current regulations; compliance with state statute.

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 2021 or in subsequent years.

9.   The name of the contact person for the regulation:
    
Ilsa Lund, Licensing Examiner
       Board of Examiners in Optometry
        Division of Corporations, Business and Professional Licensing
       Department of Commerce, Community, and Economic Development
       Telephone: (907) 465-1037
       E-mail: ilsa.lund@alaska.gov

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

11.   Date: 3/17/2021
       Prepared by: Jun Maiquis
                            Regulations Specialist

                                                           

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Attachments, History, Details

Revision History

Created 3/17/2021 2:25:17 PM by jcmaiquis
Modified 3/18/2021 4:02:40 PM by jcmaiquis
Modified 3/19/2021 2:51:01 PM by jcmaiquis

Details

Department: Commerce, Community and Economic Development
Category: Regulations
Sub-Category: Notice of Proposed Regulations
Location(s): Statewide
Project/Regulation #:
 
Publish Date: 3/17/2021
Archive Date: 4/21/2021
 
Events/Deadlines:
  • Comments Deadline
    4/20/2021 4:30pm