Brief Description: The Board of Optometry proposes to update regulations regarding prescription of pharmaceutical agents by optometrists.
The Board of Optometry (Board) proposes to adopt regulation changes in Title 12, Chapter 48 of the Alaska Administrative Code including the following:
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12 AAC 48.340. Prescription and use of a pharmaceutical agent or controlled substance, is a proposed new section for prescription and use of a pharmaceutical agent by an optometrist.
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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.
This is a SUPPLEMENTAL NOTICE adding to the NOTICE OF PROPOSED CHANGES that was issued June 27, 2018, concerning these proposed regulation changes contained in the Department of Law file number JU2018200668. This SUPPLEMENTAL NOTICE is being issued because the Board of Optometry, during its October 19, 2018 meeting, made amendments to its initial NOTICE OF PROPOSED CHANGES, and is opening a written comment period regarding the amended proposed regulation changes. If you previously submitted written comments under the June 27, 2018 NOTICE OF PROPOSED CHANGES, you need not resubmit those comments under this notice as those comments are part of the record and will be considered by the Board of Optometry.
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/192160, and using the comment link. The comments must be received not later than 5:00 p.m. on December 21, 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 December 14, 2018, to ensure that any necessary accommodation can be provided.
A copy of the amended 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_Supplemental-1118.pdf.
For a copy of the initial proposed regulation changes issued on June 27, 2018, 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 08.72.050; AS 08.72.272; AS 08.72.278
Statutes Being Implemented, Interpreted, or Made Specific: AS 08.72.050; AS 08.72.272; AS 08.72.278
Fiscal Information: The proposed regulation changes are not expected to require an increased appropriation.
Date: 11/21/2018
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: Prescription and use of pharmaceutical agents.
3. Citation of regulation: 12 AAC 48.350; and 12 AAC 48.360.
4. Department of Law file number: JUN 2018200668.
5. Reason for the proposed action: Compliance with 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: 11/21/2019
Prepared by: Sher Zinn, Regulations Specialist