March 10, 2008 STATE OF VERMONT
Proposed Revision RULES OF THE BOARD OF OPTICIANS
Administrative Rules Governing Opticians
Table of Contents
PART 1 GENERAL INFORMATION
1.1 The Purpose of Licensure
1.2 Business Address
1.3 Laws That Govern Licensure
1.4 Rules
1.5 Making and Resolving Complaints
PART 2 INFORMATION FOR APPLICANTS
2.1 Need for a License
2.2 Where to Get an Application
2.3 Licensure by Examination
2.4 Licensure by Endorsement
2.5 Display of Licenses
PART 3 OPTICIAN TRAINEES
3.1 How to Register as a Trainee
3.2 Length of Training
3.3 Supervisor Requirements and Limitations
3.4 Content of Training
3.5 Verification of Training
3.6 Renewal of Training Certificate
3.7 Identification as Trainee
3.8 Inspections
PART 4 LICENSING AND REGISTRATION DECISIONS
4.1 Right to a Written Decision
4.2 Right to Appeal Licensing and Registration Decisions
PART 5 INFORMATION FOR LICENSED OPTICIANS
AND OPTICIAN TRAINEES
5.1 License and Registration Renewals
5.2 Reinstating a License
53 Continuing Education (CE) Requirements for Opticians and Registered Trainees
5.4 Exemption
5.5 Failure to Meet Continuing Education Requirement
ADMINISTRATIVE RULES FOR OPTICIANS
PART 1. GENERAL INFORMATION
1.1 THE BOARD'S PURPOSE The Purpose of Licensure
The Vermont Board of Opticians (Board) has been created and given powers by Vermont law. Its purpose is to protect the public health, safety and welfare. It does this by setting standards for issuing licenses, licensing only qualified applicants and regulating license holders and their practices. The Secretary of State and the Director of the Office of Professional Regulation (Office) have been given certain powers under Vermont law to protect the public health, safety, and welfare by setting standards, licensing applicants, and regulating licensed opticians and their practices. Legal authority for oversight of this profession is given to the Director of the Office of Professional Regulation. The Director is assisted by two advisors, licensed opticians residing in Vermont, who are appointed by the Secretary of State. The advisors will meet as needed.
1.2 Business Address
The Board's mailing address for matters concerning opticians: is the Office of the Secretary of State, Office of Professional Regulation, 109 State Street, Montpelier, Vermont 05609-1106
Secretary of State
Office of Professional Regulation
Optician Licensing
National Life Bldg., North, FL2
Montpelier, VT 05620-3402
(the "Office"). The Board Office is located at Redstone, on Terrace Street, the National Life Building North, in Montpelier. Copies of these rules and more information about the Board and its requirements and procedures may be obtained by contacting the Office. Telephone 802-828-2191 2837 . or on line at , http://vtprofessionals.org . or 800-439-8683 (toll-free only for calls made from within Vermont).
1.3 BOARD MEMBERS AND OFFICERS
The Board is made up of four actively practicing opticians with three years' experience in Vermont, and one consumer who is not and has not been involved in health care. Each resides in Vermont. Each has been appointed by the governor for a three-year term. The Board elects a president and a secretary once a year.
Names, addresses and phone numbers of Board members and officers may be obtained from the Office.
1.4 REGULAR AND SPECIAL MEETINGS
The Board must hold at least one regular meeting a year. Any two members may call a special meeting upon 15 days notice to the remaining members. Three members of the Board constitute a quorum for all meetings. Board meeting schedules may be obtained from the Office.
1.5 1.3 Laws That Govern the Board Licensure
The Board is governed by a specific state law that establishes its responsibilities for setting standards, issuing licenses and regulating the profession.
(a) Licensure is governed by a specific state law that establishes responsibilities for setting standards, issuing licenses, and regulating the profession. The law is in Chapter 47, Title 26 Vermont Statutes Annotated. In addition, the Board the Director of the Office of Professional Regulation is obligated to comply with several other State laws such as the Administrative Procedure Act (3 V.S.A. §§ 801-849), the "Law of Professional Regulation" (3 V.S.A. §§ 121-131), the "Right to Know Law" (1 V.S.A. §§ 311-314), and the "Access to Public Records Law" (1 V.S.A. §§ 315-320). These laws spell out the rights of an applicant, license holder or member of the public.
(b) Applicants and licensees should be aware that Chapter 5 of Title 3 of the Vermont Statutes contains several statutes which govern regulation of licensed professionals. See among them, 3 V.S.A. § 129a which defines unprofessional conduct.
(c) The complete text of these laws may be found in the Vermont Statutes Annotated. Most town clerks and public libraries have copies of the Vermont Statutes Annotated. The laws may be found on line at http://www.leg.state.vt.us/statutes/statutes2.htm .
1.6 1.4 BOARD Rules
The Board Director is authorized to make these rules under 26 V.S.A. § 2665. Administrative rules for this profession They have the effect of law and govern proceedings related to this profession. Board proceedings. In making rules, the Board Director must follow the Administrative Procedure Act ("APA"). The provisions of the Act dealing with governing rulemaking are in 3 V.S.A. §§ 801-808 and 817-849.
1.7 1.5 Making and Resolving Complaints
The Board Office follows the current complaint procedure recommended by the Director of the Office of Professional Regulation. Copies of the procedure and more information about the complaint process may be obtained from the Office. or via the Office of Professional Regulation web site, http://vtprofessionals.org .
Part 2. Information for Applicants
2.1 Need for a License
(a) No one is allowed to practice as an optician in Vermont unless he or she is currently licensed by the Board Office.
(b) A licensed optician, ophthalmologist, or optometrist shall be present when optician services are rendered. An optician's, ophthalmologist's, or optometrist's office or shop which is open to the public when the optician, ophthalmologist, or optometrist is not present shall notify customers that no optician services may be rendered.
(c) When rendering optician services, a licensed optician shall wear pinned or otherwise attached to his or her lapel or upper jacket pocket an engraved, plastic a name tag clearly visible to the client stating the licensee's name and bearing the words "Licensed Optician" beneath the name.
(d) During regular business hours, a Board member or appointed a representative of the office may inspect the premises where a licensed optician, optometrist, or ophthalmologist is providing optician services, for compliance with Board statutes and rules of the profession. The Board shall not authorize any inspection that extends to financial data, sales data, or pricing data.
2.2 Where to Get an Application An application for a license may be downloaded from the Optician Web page at http://vtprofessionals.org , or Mmore information about the application process may be obtained by calling or writing the Office. or.
2.3 HOW TO GET A LICENSE BY TAKING AN EXAM Licensure by Examination
An applicant must do the following:
(1) (a)Meet he Board's qualifications. Examination: To qualify to take the for licensure by examination, an applicant must be at least 18 years old and have a high school diploma graduate or its equivalent. In addition, an applicant must have complete either (1) or (2) below and (3):
a.(1) Completed at least a two-year college level program in ophthalmic dispensing at a school of ophthalmic dispensing which is accredited or a candidate for accreditation by an accreditation agency approved by the United States Department of Education and which agency is also approved by the Director learning institution approved by the Board (an approved list list of approved schools is on file with the Office), or
b(2). Completed at least three years of practical experience as a registered trainee. Specific requirements for training are set forth in Part 3 below; and
(3) Successfully complete the National Opticianry Competency Examination (NOCE) sponsored by the American Board of Opticians (ABO). The examination may be taken no sooner than the final year of education in section 1 or 2 above.
(2)(b) The applicant must Complete an submit an application and send it with the correct fee as stated on the application. An Aapplications are available on line at http://vtprofessionals.org or may be obtained by calling or writing from the Office. When the application is received, it must be completed accurately. The fee schedule included with the application shows the amount of the fee. A check for the correct amount should be made payable to the "Vermont Board of Opticians." Vermont Secretary of State. The application and the check should be mailed to:
Vermont Board of Opticians
Office of the Secretary of State
Office of Professional Regulation
109 State Street
Montpelier, Vermont 05609-1106
An application may be obtained by calling or writing the Office.
(3)(c) Take the exam. The exam is given at least once a year. Information on exam scheduling may be obtained online at http://vtprofessionals.org or from the Office. An applicant must submit the completed application to the Board at least 45 days before the exam. The exam will include, but is not limited to: ophthalmic materials, laboratory, practical and physiological optics, prescription interpretation, dispensing preparation, adjustment of lenses, spectacles, eye glasses, prisms, tinted lenses, appurtenances, use of lensometers or equivalent instruments, adjusting instruments and pupillary and facial measurements.
(4) Retake the exam If an applicant fails the exam, he or she may take it again and pay a separate exam fee.
2.4 HOW TO GET A LICENSE WITHOUT TAKING AN EXAM Licensure by Endorsement
An applicant must do the following:
(1) (a) An applicant must who holds a valid current license in good standing in another state, territory, country or province United States or Canadian jurisdiction where the current requirements for regulating or licensing opticians are substantially equal to Vermont's current requirements may be issued a license.
(2)(b)Complete the application and send it with the correct fee to: The completed application and application fee should be sent as directed on the application form.
Vermont Board of Opticians
Office of the Secretary of State
Office of Professional Regulation
109 State Street
Montpelier, Vermont 05609-1106
An application may be obtained or on line at http://vtprofessionalsorg or
by calling or writing from the Office.
2.5 Display of Licenses
The Board will issue a license if the applicant meets all the requirements either by exam or without exam. Once licensed, a A licensee or trainee must display his or her license conspicuously in his or her principal place of business.
Part 3 Optician Trainees Information for Licensed Opticians and Registered Optician Trainees
2.6 3.1 How to Register as a Optician Trainee
If (a) An individual plans to get may pursue licensure through optician training and experience by working for a licensed optician, ophthalmologist or optometrist. , That individual must register as an optician trainee with the Board office. within 60 days of starting work. The period of traineeship begins on the date the office determines the registration is complete. of registration.
(b) The application for registration must be certified by the trainee's supervisor. The fee as stated on the registration form must also be paid for a trainee's registration certificate.
(3.2) Length of Training
(a) A registered optician trainee must complete a minimum of 30 hours per week for of 4,680 hours of practical training in not less than three years and no more than six years of practical training (4,680 hours) approved by the Board office under the direct personal supervision of a licensed optician, optometrist, or ophthalmologist within Vermont or another state which requires the supervisor to be licensed.
(b) A detailed description of the training to be received and the supervisor's name and license number will must accompany the application for registration. Upon review of this description and any further review it may undertake, the Board office may in its discretion allow the approve the trainee to complete his or her training in this manner.
3.3 Supervisor Requirements and Limitations
(a) A licensed supervisor provides direct personal supervision of a trainee, while the trainee is working, by being physically present for consultation or intervention on the premises where the trainee is working. Merely being available at another optical facility for consultation does not constitute direct personal supervision.
(b) The licensed supervisor of a trainee may not have more than two trainees under his or her direct personal supervision at any time, nor shall any establishment employ more than two trainees per licensed supervisor at any time. Any change in the named supervisor or in the trainee being supervised shall be reported immediately to the Board office for approval.
3.4 Content of Training All optician training must include:
1) Basic ophthalmics
2) (a)Optical Principals and theory including the theories of light and laws of refraction, reflection and absorption;
3) (b)Anatomy and physiology of the eye;
4) (c)Ophthalmic dispensing;
5) (d) Ophthalmic regulations including Vermont Opticians Act, 26 V.S.A. Chapter 47, ANSI Standards, FDA and FTC regulations.;
(e ) laboratory, practical and physiological optics prescription interpretation, adjustment of eyeglasses, prisms, tinted lenses, and appurtenances, the use of lensometers or equivalent instruments, adjusting instruments, and pupillary and facial measurements;
Specific areas of importance:
a) The use of the lensometer
b)(f)Transposition and interpreting prescriptions;
c) Types of cataract lenses and their uses;
d) Absorptive lenses including Ultra-violet and Infra-red;
e)Photosensitive lenses;
f)Frame parts-methods of adjustment and repair;
g)Progressive lenses and their uses
h)(g)Single vision, Bifocal & trifocal and progressive addition lens types and their uses;
i) Other lens types to include prism, slab off prism (when and why) and Fresnel lenses
j)(h)Proper ordering of lenses and frames;
(i) knowledge of frame material and parts.
(j) Identification of common ophthalmic lens materials, designs, coatings, and uses (e.g. CR-39, polycarbonate, glass, trivex, hi-index plastic; scratch resistant, anti-reflective, and mirror coatings.)
(k) Types of specialty lenses and their uses (e.g. fresnel, aspherics, lenticular, cataract, prism, slab-off prism, occupational, safety.)
(l) Absorptive lenses including ultra-violet, infra-red, fixed tint, polarized, and photosensitive.
(m) Methods for obtaining patient measurements related to interpupillary distance, vertical optical center placement, multifocal segment placement, vertex distance.
(n) The use of the lensmeter to neutralize, duplicate, and verify prescriptions (including identification of sphere, cylinder, axis, and prism; marking of lens optical centers)
(o) The use of measuring tools such as pupilometer, mm ruler, lens clock, lens thickness gauges;.
(p) Methods for performing standard alignment, custom adjustments, and repairs of frames using fitting tools, pliers, and frame warmers, and;
(q) Resolution of client complaints.
3.5 Verification of Training This Optician training is to be accounted for documented by written affidavit from the training supervisor submitted at the completion of the training period or at other times that as the Board office may direct.
An application for registration must be certified by the trainee's employer. A fee must also be paid for a trainee's certificate. The fee schedule shows the correct fee.
3.6 Renewal of Training Certificate A trainee's certificate must be renewed every two years, and a renewal fee must be paid. Every registered optician trainee who continues to act as an optician trainee shall, biennially, renew his or her optician trainee's certificate of registration by paying the renewal fee as stated on the renewal form. The fee schedule shows the correct fee. After initial registration, a trainee may renew his or her trainee's certificate of registration two no more than three times, for a total of permitting no more than six years in which to complete the three years of 4,680 hours of practical training required by this rule. Thereafter, a trainee's certificate of registration may not be renewed.
3.7 Identification as Trainee A The registered optician trainee shall wear pinned or otherwise attached to his or her lapel or upper jacket pocket an engraved, plastic in a manner clearly visible to the client a name tag stating the registered optician trainee's name and bearing the words "Registered Optician Trainee" beneath the name.
3.8 Inspections During regular business hours, a Board member or appointed a representative of the office may inspect the premises where a licensed optician, optometrist, or ophthalmologist is providing direct personal supervision of a registered trainee, for compliance with this rule. The Board shall not authorize any inspection that extends to financial data, sales data, or pricing data.
2.7 LICENSE BASED ON PRIOR PRACTICE
Under former 26 VSA § 2675(1), a person who had practiced as an optician prior to the enactment of the Opticians Act in 1974 could be licensed without examination. The purpose of that provision was to insure that a practicing optician would not be encumbered by the passage of the law. The provision has no current purpose and was repealed in 1990. Therefore, the Board no longer accepts applications for licensure under this provision.
Part 4 Licensing and Registration Decisions
2.8 4.1 Right to a Written Decision
The Board must make all decisions on whether an applicant is granted or denied a license in writing. If it denies an applicant a license, the Board must give the applicant its specific reasons. The Board must also inform the applicant of his or her right to appeal its decision.
(a) The office will notify applicants in writing of all decisions to either grant or deny a license, registration, license renewal, or registration renewal. If a license or registration or renewal is denied, the decision is called a “preliminary denial.” The office will give the applicant specific reasons for denying a license or registration and will also inform the applicant of the right to appeal that decision.
(b) The Office most often issues a preliminary denial of licensure or renewal when it appears from the application and accompanying documents that the applicant does not meet all of the requirements for licensure. When this occurs, the applicant is notified of the right to file an appeal which is heard as a formal hearing by an administrative law officer acting on behalf of the Director. At the hearing the burden of proof is on the applicant to show that the preliminary denial was in error. After that hearing the administrative law officer issues a final decision in writing.
2.9 (4.2) Right to Appeal Licensing and Registration Decisions
A written notice of appeal must be received by the Director within 30 days of the date of the Board's decision. Information about the appeal process may be obtained from the Office.
If the An applicant who is not satisfied with the final decision concerning the denial of denying a license or registration or renewal, the applicant may appeal the decision of the Administrative Law Officer. The appeal must be filed within 30 days of the date of the denial. An appellate law officer will review the record made before the Administrative Law Officer for legal errors. Information about the appeal process may be obtained from the Office or online at http://vtprofessionals.org/. to the Washington County Superior Court which shall review the matter on the basis of the record created before the administrative law officer.
Part 5. Information for Registered Licensed Opticians & and Optician Trainees
3.1 5.1 Renewing a License Every Other Year License and Registration Renewals
A (a) Licenses issued by the Board expires no later than two years after issuance. every other year. A licensee must renew his or her license by the expiration date. Before the expiration date, the Office will mail each licensee a renewal application and notice of the renewal fee. However, if a licensee has moved changed name or address without giving the Board or advising the Office his or her new address, the licensee may not receive this notice. It is still the licensee's responsibility to renew on time. Failure to report a change of name or address within 30 days is, according to 3 V.S.A. § 129a(14), unprofessional conduct.
If (b) A licensee who does not return the completed renewal application and fee to the Office by the expiration date, the Board will charge a late fee will be assessed a late renewal fee which must be paid before the license or registration can be reinstated. The fee schedule shows the correct fee.
Initial licenses issued within 90 days of the renewal date will not be required to renew and pay the renewal fee. Applicants issued an initial license more than 90 days prior to the renewal expiration date are required to renew and pay the renewal fee.
3.2 5.2 Reinstating a License
To be reinstated after not renewing a license for four years, a former licensee must reapply for registration and be reexamined by the Board.
(a)Any person whose license has expired, provided the period of expiration has been less than five years, may reinstate that license by documenting completion of continued education for the previous renewal period and paying the renewal fee plus the late renewal penalty. The licensee shall not be required to pay renewal fees during periods when the license was expired.
(b) Licenses which have lapsed for more than five years may be reinstated by:
(1) demonstrating more than 1,000 hours' licensed practice in another state over the preceding two years; or
(2) successfully completing the national licensing examination within one year prior to applying for reinstatement; and
(3) paying of the renewal fee and late renewal penalty.
3.3 Change of Name or Address
A licensee is responsible for notifying the Office immediately if he or she changes his or her name or address.
3.4 5.3 Continuing Education (CE) Requirements for Opticians and Registered Trainees
(1)(a) All opticians and trainees must take a minimum of ten (10) CE credit hours during a two-year license renewal period. Credit hours must be obtained during the current renewal period. CE credits may include courses in contact lenses, but contact lens courses may not exceed three credits per renewal period.
(b) Limitations:
(1) Content: C.E. credits may include courses in contact lenses, but contact lens courses may not exceed three credits per renewal period.
(2) Format: CE credits may include home study courses, but such courses may not exceed two credits per renewal period.
(3) Credit may also include live web seminars and interactive television, but such courses may not exceed two (2) credits per renewal period.
(2) (c) Acceptable CE credit courses:
(a)(1) Courses approved by the ABO Education Committee or the NCLE Education Committee will be accepted for continuing education credit.
(b)(2) Courses obtained from any of the institutions of higher learning on the list of schools, colleges and universities approved by the Board office will be accepted for continuing education credit.
(d) Credits will be accepted at the rate of one credit per hour of instruction. A certificate of course completion must also accompany the credits.
(3)(e) Reporting of CE credits: At the time of license renewal, the applicant must submit the proper evidence documentation of having taken ten acceptable credit hours in the two-year period.
(4) When the initial licensure or registration period is not a full two years, the Board office will prorate the number of continuing education credit hours required for renewal. Individuals initially licensed for more than one year must submit evidence of ten credit hours. Individuals initially licensed for less than one year but for more than six months must submit evidence of five credit hours. Individuals initially licensed for less than six months will not be required to submit evidence of continuing education until conclusion of the first full, two-year renewal period following initial licensure.
5.4 Exemption For applicants granted an initial license to practice by the Office, the mandatory continuing education requirement begins with the first day of the first biennial renewal period following the issuance of initial license. The Director recommends, but does not require continuing education for initial licensees during their first licensing period.
(5)
5.5 Failure to Meet recertification Continuing Education Requirement :
If a licensee is unable to become recertified by the expiration date of his or her license because of inadequate continuing education credits, the license will be "inactive." A licensee will have one year to comply with the renewal requirement before the license will be considered expired. A licensee will thereafter have to submit the amount of the delinquent CE credits plus five credits for the current year to be eligible for renewal. A licensee will also be required to pay a late renewal penalty. During the period the license is inactive, an individual may not practice as a licensed optician or display a license certificate in any establishment.
Licensees whose submissions do not satisfy the continuing education requirement may be, absent exceptional circumstances, denied renewal or may be issued a 90 day temporary license. During that period each person shall submit for approval and once approved, complete a specified corrective action plan. Once the office determines that the plan has been met, it will issue a license. Otherwise the temporary license will expire.
Effective date: December 1, 1994 Some time in 2008?