This subsection may not be construed to prohibit the practices, services or activities of a person duly licensed in the State engaging in the profession or occupation for which the person is licensed.

2.__Requirements for licensure.__To be eligible to be licensed under this chapter, a person must:

A.__Have successfully completed a 2-year formal education program approved by the Commission on Opticianry Accreditation or a successor organization;

B.__Have current certification from the American Board of Opticianry or a successor organization; and

C.__Successfully pass the examination under section 15404.

§15404.__Examination for licensure

1.__Examination.__The board shall design and administer a written qualifying ophthalmic dispensing examination that must be:

A.__Designed to measure specific job performance requirements;

B.__Professionally constructed and validated; and

C.__Independently and objectively administered and scored.

The board shall give the examination at least once each year at sites that are accessible to applicants on dates that are publicly announced 90 days in advance of the administration dates.__Each applicant must receive the applicant's examination score and a performance profile by subject matter area within a reasonable time after taking an examination.

2.__Waiver of written examination requirement.__The written examination required under section 15403, subsection 2 may be waived as set out in this subsection.

A.__The board shall waive the written ophthalmic dispensing examination requirement and grant a license to any applicant who holds a current American Board of Opticianry certificate or a certificate from a successor organization.

B.__The board shall issue a temporary license to engage in ophthalmic dispensing without examination to a person with experience in ophthalmic dispensing if the person files an application with the board for a temporary waiver of the examination requirement within one year from the effective date of this Act.__The temporary license expires one year from the date of issuance and is nonrenewable.__An application must be accompanied by evidence that the applicant has been engaged in ophthalmic dispensing for more than one year.

3.__Renewal of licensure.__A license under this chapter is subject to renewal every 3 years and expires unless the licensee submits an application for renewal in the manner prescribed by the board.__A renewal fee and evidence that the applicant has during the 3-year period completed continuing education requirements of the American Board of Opticianry or a successor organization must accompany the application.

§15405.__Ophthalmic Dispensing Board

1.__Board.__The Ophthalmic Dispensing Board, established by Title 5, section 12004-I, subsection 47-F consists of 5 members appointed by the Governor, of whom 4 must be opticians certified by the American Board of Opticianry or a successor organization and one must be a member of the public.

2.__Duties.__The duties of the board include:

A.__Processing applications for licenses;

B.__Collecting fees;

C.__Scheduling and supervising the administration of qualifying examinations;

D.__Issuing licenses;

E.__Renewing, revoking or suspending licenses;

F.__Investigating complaints;

G.__Conducting disciplinary proceedings; and

H.__Maintaining such records as may be needed to carry out its responsibilities.

3.__Appointment.__The Governor shall, within 60 days from the effective date of this Act, appoint 2 board members to a term of one year, 2 members for terms of 2 years and one member for a

term of 3 years.__Appointments made thereafter must be for 3-year terms, but no person may be appointed to serve more than 2 consecutive terms.

4.__Compensation.__Members of the board who are otherwise not compensated by their employers or other entities that they represent are entitled to reimbursement for necessary expenses incurred for their attendance at authorized meetings.

5.__Meetings.__All meetings of the board are open and the minutes of the meetings are available to the public.

6.__Consumer complaint handling mechanism.__In the absence of another established consumer complaint handling body, responsibility for the resolution of complaints about products and ophthalmic services provided by a person licensed under this chapter is assigned to the board.

§15406.__Conduct and disciplinary proceedings

1.__Investigations.__The board may investigate complaints about a licensee's performance of functions licensed under this chapter.__The board may hold hearings, administer oaths and order relevant testimony pursuant to Title 5, chapter 375, subchapter IV.

2.__Suspension or revocation of license.__The board may suspend, revoke or refuse to renew the license of a licensee who, after an open public hearing, is found by clear and convincing evidence to have:

A.__Practiced fraud, deceit or misrepresentation in obtaining a license or in performance of functions licensed under this chapter;

B.__Been convicted of a misdemeanor or felony reasonably related to and adversely affecting the licensee's ability to perform the licensee's duties under this chapter; or

C.__Been adjudged by a court of law to be mentally incompetent.

3.__Notification and right of appeal.__The board shall notify licensees in writing of the reasons for any disciplinary actions taken.

Any disciplinary actions taken by the board are subject to review as provided by Title 5, chapter 375, subchapter VII.

§15407.__Fees

The board shall establish and publish fees in amounts determined by the board for an initial license and a renewal of a license.__The fees must be set in an amount that reimburses the board to the extent feasible for the cost of administrative services rendered.

§15408.__Rules

The board shall adopt routine technical rules as defined in Title 5, chapter 375, subchapter II-A to carry out the purposes of this chapter.

SUMMARY

This bill creates a licensing requirement for ophthalmic dispensers and establishes the Ophthalmic Dispensing Board as the professional licensing board.