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 applications for initial licenses, retired status licenses, and reinstatement of lapsed licenses; also continuing education requirements on renewals and establishing new telehealth standards of practice.
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:
- 12 AAC 48.011(a)(7) – is proposed to be repealed, amending the requirements for an applicant for a license by examination who was previously employed with a federal agency.
- 12 AAC 48.020(c) – is proposed to add new education and training requirements for applicants applying for initial licensure by credentials
- 12 AAC 48.020(c)(5) - is proposed to be repealed, amending the requirements for an applicant applying by credentials who was previously employed with a federal agency.
- 12 AAC 48.026(c)(7) - is proposed to be repealed, amending the requirements for an applicant holding a retired status license who was previously employed with a federal agency.
- 12 AAC 48.200 – is proposed to add new subsections under which an applicant may appeal for an exemption from continuing education requirements in certain circumstances.
- 12 AAC 48.370 – is proposed to add a new section that establishes the scope of and standards of practice for telehealth.
- 12 AAC 48.900(c)(6) – is proposed to be repealed, amending the requirements for an applicant for reinstatement of a lapsed license who was previously employed with a federal agency
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 Alison Osborne, 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/209722, and using the comment link. The comments must be received not later than 4:30 p.m. on March 3, 2023. Comments received after this deadline will not be considered by the Board.
You may submit written questions relevant to the proposed action to Alison Osborne, 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 Alison Osborne at (907) 465-6826 or RegulationsAndPublicComment@alaska.gov not later than February 24, 2023, 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 Alison Osborne at (907) 465-6826 or RegulationsAndPublicComment@alaska.gov, or go to https://www.commerce.alaska.gov/web/portals/5/pub/OPT-0223.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 08.01.085; AS 08.01.100; AS 08.72.050; 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 08.72.185; AS 08.72.240; AS 08.72.272; AS 08.72.278
Statutes Being Implemented, Interpreted, or Made Specific: AS 08.01.085; AS 08.01.100; AS 08.72.050; 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 08.72.185; AS 08.72.240; AS 08.72.272; AS 08.72.278
Fiscal Information: The proposed regulation changes are not expected to require an increased appropriation.
DATE: 1/30/2023 /s/ Alison Osborne, 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: Applications for initial licenses, retired status licenses, and reinstatement of lapsed licenses; also continuing education requirements on renewals and establishing new telehealth standards of practice.
3. Citation of regulation: 12 AAC 48.011, 12 AAC 48.020, 12 AAC 48.026, 12 AAC 48.200, 12 AAC 48.370, and 12 AAC 48.900.
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 2023 or in subsequent years.
9. The name of the contact person for the regulation:
Ashley Carabajal, Occupational Licensing Examiner
Board of Examiners in Optometry
Division of Corporations, Business and Professional Licensing
Department of Commerce, Community, and Economic Development
Telephone: (907) 465-6804
E-mail: ashley.carabajal@alaska.gov
10. The origin of the proposed action: Board of Examiners in Optometry.
11. Date: 1/30/2023 Prepared by: /s/
Alison Osborne
Regulations Specialist