Bill Summaries: S435 (2013-2014 Session)

Tracking:
  • Summary date: Mar 26 2013 - View summary

    Amends GS 90-236.1 to provide the dispensing requirements for both contact lenses and spectacles (was, requirements for filling contact lens prescriptions). Requires separate prescriptions for spectacles and contact lenses with the prescriber's specifications and an expiration date on every prescription. Prohibits any person, firm, or corporation licensed under Article 17 (Dispensing Opticians)of GS Chapter 90 from filling a spectacle or contact lens prescription after the expiration date on the face of the prescription.

    Current law requires that any person, firm, or corporation dispensing contact lenses must inform the recipient of the lenses, orally and in writing that the recipient, at the time of delivery,must return to the prescriber for insertion of the lensand additional instructions regarding insertion and care of the lens. Requires the statement to also inform the recipient that neither the prescriber nor the dispenser (was, the prescriber) is responsible for any damages or injury resulting from the prescribed lens if the recipient does not return to the prescriber after the delivery of the lens as instructed in the statement. Current law provides that this provision does not apply if the prescriber and dispenser are the same person. Requires that the statement be signed by the recipientand a copy retained by the recipient and the dispenser.

    Amends GS 90-238 to require that five of the seven members of the North Carolina State Board of Opticians (Board)must be licensed dispensing opticians, each of whom is a resident of this state.

    Amends GS 90-240(e) to clarify that the Board will credit an applicant with the applicant's score on any national test successfully completed in the three years immediately preceding the examination application. Amends GS 90-241(a)(4) to provide that the Board will grant a license without examination to an applicant who has engaged in the practice of opticianry and has a license for both spectacles and contact lenses in the other state for the four years immediately preceding the application to the Board.

    Amends GS 90-243 to clarify that the Board may adopt rules requiring the registration of places of business where there is ophthalmic dispensing or training and requiring the registration of apprentices and interns training under the direct supervision of a licensed optician, optometrist, or ophthalmologist.

    Amends GS 90-244 to require that a license granted under this Article be displayed in a conspicuous and public (was, conspicuous)part of the office where the licensee is engaged as a dispensing optician. Provides that a license can be reinstated without any additional fee (was, penalty) from January 1 through 15 immediately following expiration. Provides for the reinstatement of a license after January 15 by payment of the renewal fee and a processing fee (was, penalty) of $50. Provides process for placing a license in inactive status and fees for the inactive status. Provides regulations concerning the display of registrations of businesses and of apprentices and interns. Provides that any licensee practicing with an expired or inactive license is subject to disciplinary actions from the Board.

    Amends GS 90-245 to authorize the administrator (was, the secretary) of the Board to collect fees prescribed by Article 17.

    Amends GS 90-246 to increase the maximum fee that may be charged for certain registration and licensing requirements. Provides that any increase in fees implemented by the rules adopted by the Board cannot be more than 25% of the fee amount set in this section at the time that fee is increased.

    Amends GS 90-248 to amend the caption to limit compensation and expenses to Board members (was, to Board members and secretary).

    Amends GS 90-249 to declare the authority and powers (was, powers) of the Board. Adds new subdivisions authorizing the Board to (1)order any records concerning the practice of opticianry and relevant to a complaint received by the Board or an inquiry or investigation conducted by the Board or on its behalfand (2) employ or retain legal counselor clerical or other professional personnel necessary to carry out the provisions of GS Chapter 90. Declares that any type of documents containing information collected and compiled on behalf of the Board in the course of an investigation, inquiry, or interview in connection with certification, licensure, or a disciplinary matter is not a public record as defined in GS Chapter 132. However, does provide that any notice or statement of charges, notice of hearing, or decision given in connection with a hearing is a public record. Provides additional criteria regarding the Board's authority to order production of records and determining which records, papers, and documents are classified as public records.

    Amends GS 90-249.1 to provide that the Board may deny any application for registration of a business or trainee for any of the listed reasons including, but not limited to,engaging in fraud and misrepresentation to obtain or renew a license and being convicted of a crime involving fraud or moral turpitude. Allows the Board to assess a civil penalty, in addition to other disciplinary actions, of not more than $2,000 (was, $1,000) for a licensee or registrant (was, a licensee) for each violation of any section of Article 17. Also provides that the Board may accept an offer of compromise and only require payment of the civil penalty. Permits the filing of a complaint with the Board regarding the conduct of a licensee or a registrant (was, of a licensee). Provides that the costs of disciplinary actions may be assessed against any licensee, trainee, or business that consents to or is found guilty of a violation under this section.

    Amends GS 90-250 to include fashion, cosmetic, or theater contact lenses among the products that are prohibited from being dispensed, ground, or assembled as prescribed by a licensed physician or optometrist except under the supervision of a licensed dispensing optician and in a registered optical office.

    Amends GS 90-254 to provide that the general penalty for a violation under Article 17, for which no other penalty has been provided, is to receive punishment as provided in GS 14-3(a)(1) (provides that a misdemeanor for which no specific classification and no specific punishment is prescribed by statuteis punishable as a Class 1 misdemeanor).