BRIEF DESCRIPTION: The Board of Examiners in Optometry proposes to adopt changes to the regulations regarding establishment of requirements for the use of therapeutic procedures, to implement the statutory amendments made in AS 08.72.278 by Chapter 17 SLA 2017 (HB 103).

The 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 48.040. Expanded therapeutic procedures, is a proposed new section establishing requirements for the use of therapeutic procedures.

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/194456, and using the comment link. The comments must be received not later than 4:30 p.m. on July 16, 2019. 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, no later than July 9, 2019, 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 Sher Zinn at (907) 465-1049 or RegulationsAndPublicComment@alaska.gov, or go to https://www.commerce.alaska.gov/web/portals/5/pub/OPT-0619.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 08.72.278

Statutes Being Implemented, Interpreted, or Made Specific: AS 08.72.050; AS 08.72.278

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

DATE: 6/13/19
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 Examiners in Optometry - Department of Commerce, Community, 
    and Economic Development, Division of Corporations, Business and Professional Licensing.

2. General subject of regulation: Establishment of requirements for use of therapeutic procedures.

3. Citation of regulation: 12 AAC 48.040

4. Department of Law file number: #2018200947

5. Reason for the proposed action: Compliance with new statutes - Chapter 17 SLA 2017 (HB103).

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, Licensing Examiner
    Board of Examiners in Optometry
    Division of Corporations, Business and Professional Licensing
    Telephone: (907) 465-2541
    E-mail: Emily.mesch@alaska.gov

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

11. Date: 6/13/19
      Prepared by: Sher Zinn, Regulations Specialist