GENERAL ASSEMBLY OF NORTH CAROLINA
1997 SESSION

S.L. 1997-424
SENATE BILL 861

AN ACT AMENDING THE DISPENSING OPTICIANS ACT.

The General Assembly of North Carolina enacts:

Section 1.  G.S. 90-237 reads as rewritten:
"§ 90-237.  Qualifications for dispensing opticians.
In order to be issued a license as a registered licensed optician by the North Carolina State Board of Opticians, the applicant:
(1)	Shall not have violated this Article or the rules of the Board.
(2)	Shall be at least 18 years of age and a high school graduate  or equivalent.
(2a)	Shall be of good moral character.
(3)	Shall have passed an examination conducted by the Board to determine his or her fitness to engage in the business of a dispensing optician.
(4)	Shall have completed a six-month internship by working full time under the supervision of a licensed optician, optometrist, or physician trained in ophthalmology, in order to demonstrate proficiency in the areas of measurement of the face, and fitting and adjusting glasses and frames to the face, lens recognition, lens design, and prescription interpretation."
Section 2.  G.S. 90-241 reads as rewritten:
"§ 90-241.  Waiver of written examination requirements.
(a)	The Board shall grant a license without examination to any applicant who:
(1)	Is at least 18 years of age.
(2)	Is of good moral character.
(3)	Holds a license in good standing as a dispensing optician in another state.
(4)	Has engaged in the practice of opticianry in the other state for four years immediately preceding the application to the Board.
(5)	Has not violated this Article or the rules of the Board.
(b)	The Board shall grant admission to the next examination and grant license upon attainment of a passing score on the examination to a person who has worked, in a state that does not license opticians, in opticianry for four years immediately preceding the application to the Board performing tasks and taking the curriculum equivalent to the North Carolina apprenticeship, and who meets the requirements of G.S. 90-237(1) through (3).
(c)	Any person desiring to secure a license under this section shall make application therefor in the manner and form prescribed by the rules of the Board and shall pay the fee prescribed in G.S. 90-246.
	."
Section 3.  G.S. 90-244(b) reads as rewritten:
"(b)	A license issued by the Board automatically expires on the first day of January of each year. A license shall be reinstated without penalty from January 1 through January 15 immediately following expiration.  After January 15, a license shall be reinstated by payment of the renewal fee and a penalty of fifty dollars ($50.00). Licenses that remain expired two years or more shall not be reinstated."
Section 4.  G.S. 90-246 reads as rewritten:
"§ 90-246.  Fees.
In order to provide the means of administering and enforcing the provisions of this Article and the other duties of the North Carolina State Board of Opticians, the Board is hereby authorized to charge and collect fees established by its rules not to exceed the following:
(1)	Each examination		$200.00
(2)	Each initial license		$50.00
(3)	Each renewal of license		$100.00
(4)	Each license issued to a practitioner of
	another state to practice in this State		$200.00
(5)	Each registration of an optical
	place of business		$50.00
(6)	Each application for registration
	as an opticianry apprentice or
	intern, and renewals thereof	$25.00
			(8)	Each registration of a training establishment	$25.00
(9)	Each license verification	$10.00.
Section 5.  G.S. 90-249 reads as rewritten:
"§ 90-249.  Powers of the Board.
(a)	The Board shall have the power to make rules, not inconsistent with this Article and the laws of the State of North Carolina, with respect to the following areas of the business of opticianry in North Carolina:
(1)	Misrepresentation to the public.
(2)	Baiting or deceptive advertising.
(3)	Continuing education of licensees.
(4)	Location of registrants in the State.
(5)	Registration of established optical places of business, but no rule restricting type or location of a business may be enacted.
(6)	Requiring photographs for purposes of identification of persons subject to this Article.
(7)	Content of licensure examination and reexamination.
(8)	Revocation, suspension, and reinstatement of licenses, probation, and reprimands of licensees, and other penalties.
(9)	Fees within the limits of G.S. 90-246.
(10)	Accreditation of schools of opticianry.
(11)	Registration and training of apprentices and interns.
(12)	Licenses and examinations pursuant to G.S. 90-241.
			."
Section 6.  Article 17 of Chapter 90 of the General Statutes is amended by adding a new section to read:
"§ 90-249.1.  Disciplinary actions.
(a)	The Board may suspend, revoke, or refuse to issue, renew, or reinstate any license for any of the following:
(1)	Offering to practice or practicing as a dispensing optician without a license.
(2)	Aiding or abetting an unlicensed person in offering to practice or practicing as a dispensing optician.
(3)	Selling, transferring, or assigning a license.
(4)	Engaging in fraud or misrepresentation to obtain or renew a license.
(5)	Engaging in false or misleading advertising.
(6)	Advertising in any manner that conveys or intends to convey the impression that eyes are examined by persons licensed under this Article or optical places of business registered under this Article.
(7)	Engaging in malpractice, unethical conduct, fraud, deceit, gross negligence, incompetence, or gross misconduct.
(8)	Being convicted of a crime involving fraud or moral turpitude.
(9)	Violating any provision of this Article or the rules adopted by the Board.
(b)	In addition or as an alternative to taking any of the actions permitted in subsection (a) of this section, the Board may assess a licensee a civil penalty of not more than one thousand dollars ($1,000) for the violation of any section of this Article.  In any case in which the Board is authorized to take any of the actions permitted in subsection (a) of this section, the Board may instead accept an offer in compromise of the charges whereby the accused licensee shall pay to the Board a civil penalty of not more than one thousand dollars ($1,000).  All civil penalties collected by the Board shall be remitted to the school fund of the county in which the violation occurred.
(c)	In determining the amount of a civil penalty, the Board may consider:
(1)	The degree and extent of harm caused by the violation to public health and safety or the potential for harm.
(2)	The duration and gravity of the violation.
(3)	Whether the violation was willful or reflects a continuing pattern.
(4)	Whether the violation involved elements of fraud or deception.
(5)	Prior disciplinary actions against the licensee.
(6)	Whether and to what extent the licensee profited from the violation.
(d)	Any person, including the Board and its staff, may file a complaint with the Board alleging that a licensee committed acts in violation of subsection (a) of this section.  The Board may, without holding a hearing, dismiss the complaint as unfounded or trivial.  Any hearings held pursuant to this section shall be conducted in accordance with Chapter 150B of the General Statutes."
Section 7.  G.S. 90-238 reads as rewritten:
"§ 90-238. North Carolina State Board of Opticians created; appointment and qualification of members.
The North Carolina State Board of Opticians is created.  The Board's duty is to carry out the purposes and enforce the provisions of this Article. The Board shall consist of seven members appointed by the Governor as follows:
(1)	Five licensed dispensing opticians, each of whom shall serve three-year terms;
(2)	Two residents of North Carolina who are not licensed as dispensing opticians, physicians, or optometrists, who shall serve three-year terms.
Each member of the Board shall serve until the member's successor is appointed and qualifies.  No person shall serve on this Board for more than two complete consecutive terms.  Before beginning office, each member of the Board shall take all oaths prescribed for other State officers in the manner provided by law, which oaths shall be filed in the office of the Secretary of State. The Governor may remove any member of the Board for good cause shown, may appoint members to fill unexpired terms, and must make optician appointments from a list of three nominees for each vacancy submitted by the Board as a result of an election conducted by the Board each year and open to all licensees."
Section 8.  This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 13th day of August, 1997.
s/	Dennis A. Wicker
President of the Senate

s/	Harold J. Brubaker
Speaker of the House of Representatives

s/	James B. Hunt, Jr.
Governor

Approved 2:17 p.m. this 22nd day of August, 1997