1.1                          A bill for an act 
  1.2             relating to occupations and professions; providing for 
  1.3             the licensure of opticians by the commissioner of 
  1.4             health; requiring rulemaking; proposing coding for new 
  1.5             law as Minnesota Statutes, chapter 148D. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [148D.01] [DEFINITIONS.] 
  1.8      Subdivision 1.  [SCOPE.] For the purposes of sections 1 to 
  1.9   10 the terms in this section have the meanings given. 
  1.10     Subd. 2.  [COMMISSIONER.] "Commissioner" means the 
  1.11  commissioner of health. 
  1.12     Subd. 3.  [OPHTHALMIC DISPENSING.] "Ophthalmic dispensing" 
  1.13  means the design, verification, and delivery to the intended 
  1.14  wearer of spectacle lenses and frames upon prescription.  It 
  1.15  includes, but is not limited to, written prescription analysis 
  1.16  and interpretation; taking measurements to determine the size, 
  1.17  shape, and specifications of the spectacle lenses, frames, or 
  1.18  lens forms best suited to the wearer's needs; the preparation 
  1.19  and delivery of work orders to laboratory technicians engaged in 
  1.20  grinding lenses and fabricating eyewear; the verification of the 
  1.21  quality of finished ophthalmic products; the adjustment of 
  1.22  spectacle lenses or frames to the intended wearer's face or 
  1.23  eyes; and the adjustment, replacement, repair, and reproduction 
  1.24  of previously prepared ophthalmic spectacle lenses and frames. 
  1.25     Subd. 4.  [PRESCRIPTION.] "Prescription" means a written 
  2.1   ophthalmic formula or direction from a licensed physician or 
  2.2   optometrist for therapeutic or corrective spectacle lenses and 
  2.3   consists of the refractive power and, when necessary, the vertex 
  2.4   distance, cylinder axis, and prism. 
  2.5      Subd. 5.  [SUPERVISION.] "Supervision" means the in-person 
  2.6   provision of direction and control through personal inspection 
  2.7   and evaluation of work and the provision of any necessary 
  2.8   consultation and instruction. 
  2.9      Sec. 2.  [148D.02] [LICENSE REQUIRED.] 
  2.10     No person shall engage in ophthalmic dispensing, hold out 
  2.11  as an optician or as being able to engage in ophthalmic 
  2.12  dispensing, or render ophthalmic dispensing services unless that 
  2.13  person is licensed in accordance with sections 1 to 10. 
  2.14     Sec. 3.  [148D.03] [PERSONS AND PRACTICES NOT AFFECTED.] 
  2.15     Nothing in sections 1 to 10 prevents or restricts: 
  2.16     (1) the practices, services, or activities of any person 
  2.17  licensed or registered by any other law from engaging in the 
  2.18  profession or occupation for which that person is licensed or 
  2.19  registered; 
  2.20     (2) the activities of any person supervised by a licensed 
  2.21  physician or optometrist or licensed optician; or 
  2.22     (3) any individual, firm, or corporation from employing 
  2.23  persons licensed under sections 1 to 10 or from engaging in 
  2.24  ophthalmic dispensing through persons licensed under sections 1 
  2.25  to 10. 
  2.26     Sec. 4.  [148D.04] [REQUIREMENTS FOR LICENSURE.] 
  2.27     To be eligible to engage in ophthalmic dispensing, a person 
  2.28  shall successfully complete the American Board of Opticianry 
  2.29  competency examination. 
  2.30     Sec. 5.  [148D.05] [WAIVER OF WRITTEN EXAMINATION 
  2.31  REQUIREMENTS.] 
  2.32     The commissioner shall waive the written optician 
  2.33  examination requirement and grant a license to any applicant who 
  2.34  holds a currently valid ophthalmic dispensing license in another 
  2.35  state. 
  2.36     Sec. 6.  [148D.06] [RENEWAL OF LICENSES.] 
  3.1      Licenses under sections 1 to 10 are subject to renewal 
  3.2   every three years and shall expire unless the licensee submits 
  3.3   an application for renewal in the manner prescribed by the 
  3.4   commissioner.  The application shall be accompanied by a renewal 
  3.5   fee of $....... and evidence that the applicant has during the 
  3.6   three-year period completed 12 hours or the current requirement 
  3.7   of the American Board of Opticianry for continuing education in 
  3.8   spectacle dispensing. 
  3.9      Sec. 7.  [148D.07] [RULEMAKING.] 
  3.10     The commissioner shall adopt rules limited to the following 
  3.11  procedural matters:  processing applications for licenses, 
  3.12  collecting fees, issuing licenses, renewing, revoking, or 
  3.13  suspending licenses, investigating complaints, conducting 
  3.14  disciplinary proceedings, and resolving consumer complaints. 
  3.15     The commissioner has no authority to make rules governing 
  3.16  the employment of opticians, the locations of optical stores, 
  3.17  advertising of optical products or services, or the manner in 
  3.18  which such products can be displayed. 
  3.19     Sec. 8.  [148D.08] [ADVISORY COUNCIL.] 
  3.20     An advisory council to the department of health shall be 
  3.21  appointed by the governor.  The council shall be composed of 
  3.22  five opticians certified by the American Board of Opticianry and 
  3.23  two public members.  The council is governed by section 15.059 
  3.24  except that it shall not expire.  All meetings of the advisory 
  3.25  committee shall be open, and the minutes of such meetings shall 
  3.26  be available to the public. 
  3.27     Sec. 9.  [148D.09] [CONDUCT OF DISCIPLINARY PROCEEDINGS.] 
  3.28     Subdivision 1.  [INVESTIGATIONS.] The commissioner may with 
  3.29  the consultation of the advisory committee investigate 
  3.30  complaints about licensees' performance of functions under 
  3.31  sections 1 to 10. 
  3.32     Subd. 2.  [SUSPENSION OR REVOCATION OF LICENSES.] The 
  3.33  commissioner may, in consultation with the advisory committee, 
  3.34  suspend, revoke, or refuse to renew the license of any licensee 
  3.35  who, after a hearing under chapter 14, is found by clear and 
  3.36  convincing evidence to have:  
  4.1      (1) practiced fraud, deceit, or misrepresentation in 
  4.2   obtaining a license or in the performance of functions that 
  4.3   constitute ophthalmic dispensing; 
  4.4      (2) been convicted of a misdemeanor or felony reasonably 
  4.5   related to and adversely affecting the licensee's ability to 
  4.6   dispense spectacles; or 
  4.7      (3) been adjudged by a court of law to be mentally 
  4.8   incompetent. 
  4.9      Subd. 3.  [NOTIFICATION AND RIGHT OF APPEAL.] The 
  4.10  commissioner shall notify licensees in writing of the reasons 
  4.11  for any disciplinary actions taken.  Any disciplinary actions 
  4.12  taken by the commissioner shall be subject to review as provided 
  4.13  by chapter 14. 
  4.14     Sec. 10.  [148D.10] [FEES.] 
  4.15     The commissioner shall establish and publish fees for the 
  4.16  following purposes: 
  4.17     (1) application for examination; 
  4.18     (2) initial license fee; and 
  4.19     (3) renewal of license fee. 
  4.20     The fees shall be set in accordance with section 16A.1285.  
  4.21     Sec. 11.  [EFFECTIVE DATE.] 
  4.22     Sections 1 to 10 are effective August 1, 1999.