TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD FOR HEARING AID SPECIALISTS AND OPTICIANS

Proposed Regulation

Title of Regulation: 18VAC80-30. Opticians Regulations (amending 18VAC80-30-10, 18VAC80-30-20, 18VAC80-30-30, 18VAC80-30-50 through 18VAC80-30-180; adding 18VAC80-30-190; repealing 18VAC80-30-40).

Statutory Authority: § 54.1-201 of the Code of Virginia.

Public Hearing Information:

June 3, 2025 - 10:30 a.m. - Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 200, Board Room One, Richmond, VA 23233.

Public Comment Deadline: June 20, 2025.

Agency Contact: Kelley Smith, Executive Director, Board for Hearing Aid Specialists and Opticians, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8590, FAX (866) 245-9693, or email hasopt@dpor.virginia.gov.

Basis: Section 54.1-201 of the Code of Virginia authorizes the Board for Hearing Aid Specialists and Opticians to promulgate regulations necessary to ensure continued competency and prevent deceptive or misleading practices by practitioners and to effectively administer the regulatory system.

Purpose: The board protects the public welfare, in part, by establishing through regulation (i) the minimum qualifications of applicants for licensure, provided that all qualifications are necessary to ensure either competence or integrity to engage in the profession or occupation; (ii) minimum standards to ensure continued competency and to prevent deceptive or misleading practices by practitioners; and (iii) requirements to effectively administer the regulatory system administered by the board. In addition, the proposed amendments modernize standards for lenses, frames, and contact lenses to reflect current industry practices, ensuring the health, safety, and welfare of the public.

Substance: The proposed amendments:

1. Add, revise, and remove definitions.

2. Remove an unnecessary provision related to emancipated minors.

3. Require disclosure of prior regulatory discipline and revise provisions relating to the disclosure of prior criminal history to reduce the stringency of the current criminal history disclosure requirement.

4. Allow for the use of a post office box as a secondary address.

5. Reflect licensure by endorsement for opticians licensed in another state.

6. Clarify that individuals licensed as an optician in another jurisdiction must be in good standing and must prove that the requirements and standards under which the license was issued are substantially equivalent to those in the regulation.

7. Repeal a section that requires out-of-state licensees covered by the licensure exemption in subdivision 5 of § 54.1-1506 of the Code of Virginia to register with the board.

8. Clarify agency practice regarding the charging and payment of examination fees.

9. Remove an unnecessary requirement regarding examination administration.

10. Consolidate provisions regarding the timeframe for an applicant to pass the written and practical optician examinations and update the requirements for reexamination.

11. Remove unnecessary language defining "contact lens endorsed optician."

12. Revise provisions related to contact lens endorsement examination to (i) remove unnecessary provisions related to reexamination and (ii) clarify provisions related to the timeframe to pass the examination.

13. Revise provisions related to the sending of renewal notices for licenses and remove a provision that requires a licensee to return the existing license with the required renewal fee if the licensee does not receive a renewal notice from the board.

14. Clarify provisions related to the reinstatement of licenses and revise reinstatement provisions to provide that individuals must continue to meet entry requirements for good standing, disclosure of prior discipline, and disclosure of prior criminal history, instead of requiring individuals to meet all initial entry requirements.

15. Align standards for lenses and frames with current business practices.

16. Update the standards for contact lens fitting to require that a topographer must be used to fit contact lenses.

17. Replace a requirement that a notarized duplicate of a license be posted in branch offices with a less restrictive requirement that a clear and legible copy of the license be posted.

18. Revise provisions related to reporting changes of name or address by (i) extending the timeframe for reporting from 30 to 60 days and (ii) allowing for changes to be submitted to the board via methods other than mail.

19. Remove a prohibited act regarding the use of nonprescribed controlled substances and significantly revise the prohibited act regarding criminal convictions to make the provision less stringent.

20. Clarify that courses are intended to be used for individuals to meet requirements for reinstatement of a license.

21. Remove provisions requiring that courses adhere to standards established by the International Association of Continuing Education and Training.

22. Revise requirements for information a provider must provide to the board to receive approval.

23. Add a new section to provide for optician apprenticeships and criteria for board approval of such apprenticeships.

Issues: The primary advantage of these proposed amendments for the regulated community, including license applicants, is a reduction in the stringency of criminal conviction disclosure and reinstatement requirements. Another advantage of the revisions for the public is the updated standards for lenses, frames, and contact lenses. The amendments ensure a standardized approach to curriculum development, maintaining consistent quality and content in optician apprentice training. There are no identifiable disadvantages to the public. There are no identifiable advantages or disadvantages to the agency or Commonwealth. No other matter of interest to the regulated community, government officials, or the public has been identified.

Department of Planning and Budget Economic Impact Analysis:

The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.¹

Summary of the Proposed Amendments to Regulation. The Board for Hearing Aid Specialists and Opticians (board) proposes to (i) only include misdemeanor convictions that occurred within three years of the date of application, instead of at any time, as a reason to revoke, suspend, or refuse to grant or renew a license; (ii) no longer require that duplicate licenses displayed at branch offices be notarized; (iii) increase from 30 days to 60 days the timeframe for reporting a change of name or address; (iv) add text describing the current criteria used for technical instruction courses for optician apprenticeships; and (v) make clarifying changes.

Background. Under the current regulation, conviction at any time in the past of a misdemeanor involving sexual offense or physical injury can be cited by the board as reason to revoke, suspend, or refuse to grant or renew a license. The board proposes to limit this to convictions that occurred within three years of the date of application. Under the current regulation, branch offices must post a duplicate license that has been notarized. The board proposes to instead require that the duplicate license only be clear and legible. Under the current regulation, notice in writing must be given to the board in the event of any change of name or address within 30 days of the change of name or address. Under the proposed regulation, licensees would have 60 days to report such information.

Estimated Benefits and Costs. By limiting the prohibition on having been convicted of a misdemeanor involving sexual offense or physical injury to a conviction that occurs within three years of the date of application, a small number of additional applicants with prior criminal history could potentially qualify for licensure. No data are available to indicate how many additional applicants may be affected. Libraries and some banks offer free notarization, and the cost elsewhere can be minimal. Nevertheless, the proposal to no longer require that the duplicate licenses posted in branch offices be notarized could be beneficial in that it would save a small amount of time and travel costs to get the notarization. Allowing licensees 60 days rather than 30 days to report name or address changes can be beneficial for licensees who have difficulty meeting the current 30-day deadline.

Businesses and Other Entities Affected. The proposed amendments affect the 1,748 opticians licensed in the Commonwealth, as well as future applicants.² The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.³ An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.⁴ The proposed amendments neither increase costs nor reduce benefits. Thus, no adverse impact is indicated.

Small Businesses⁵ Affected.⁶ The proposed amendments do not adversely affect small businesses.

Localities⁷ Affected.⁸ The proposed amendments neither disproportionately affect particular localities nor affect costs for local governments.

Projected Impact on Employment. The proposal to remove the prohibition on having been convicted of a misdemeanor involving sexual offense or physical injury more than three years prior to the date of application may enable a small number of individuals to become licensed and employed as opticians. No data are available to indicate how many additional applicants may be affected.

Effects on the Use and Value of Private Property. The proposed amendments do not substantively affect the use and value of private property or costs related to the development of real estate.

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¹ Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.

² Data source: Department of Professional and Occupational Regulation.

³ Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.

⁴ Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation.

⁵ Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

⁶ If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.

⁷ "Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.
⁸ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Response to Economic Impact Analysis: The Board for Hearing Aid Specialists and Opticians concurs with the economic impact analysis prepared by the Department of Planning and Budget.

Summary:

The proposed amendments (i) limit consideration of misdemeanor convictions as a reason to revoke, suspend, or refuse to grant or renew a license to those that occurred within three years of the date of application; (ii) discontinue requirement of duplicate licenses and license copies displayed at branch offices be notarized; (iii) increase to 60 days the timeframe for reporting a change of name or address; (iv) update the criteria used for technical instruction courses for optician apprenticeships; (v) revise the definitions sections; (vi) update entry requirements; (vii) clarify renewal and reinstatement provisions; (viii) update standards of practice and conduct; and (ix) revise provisions related to board-approved reinstatement courses and apprenticeships.

18VAC80-30-10. Definitions.

A. Section 54.1-1500 of the Code of Virginia provides definitions of the following terms and phrases as used in this chapter:

"Board"

"Licensed optician"

"Licensed optometrist"

"Licensed physician"

"Optician"

B. The following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise:

"Active practice" means engaging in the practice of opticianry.

"Apprentice" means a person at least 16 years of age who is covered by a written agreement with an employer and approved by the Virginia Apprenticeship Council.

"Board" means the Board for Hearing Aid Specialists and Opticians.

"Contact lens endorsed optician" means any person not exempted by § 54.1-1506 of the Code of Virginia who is a Virginia licensed optician and who has received a contact lens endorsement from the board, who fits contact lenses on prescription from licensed physicians or licensed optometrists for the intended wearers.

"Department" means the Virginia Department of Professional and Occupational Regulation.

"Fit or dispense" means to measure, adapt, fit, or adjust eyeglasses, spectacles, lenses, or appurtenances to the human face, or to verify the prescription to be correct in the prescription eyeglasses or prescription optical devices.

"Licensed optician" means any person who is the holder of a license issued by the board.

"Optician" means any person not exempted by § 54.1-1506 of the Code of Virginia who prepares or dispenses eyeglasses, spectacles, lenses, or related appurtenances for the intended wearers or users on prescriptions from licensed physicians or licensed optometrists, or as duplications or reproductions of previously prepared eyeglasses, spectacles, lenses, or related appurtenances; or who, in accordance with such prescriptions, duplications or reproductions, measures, adapts, fits, and adjusts eyeglasses, spectacles, lenses, or appurtenances to the human face.

"Opticianry" means the personal health service that is concerned with the art and science of ophthalmic optics as applied to the compounding, filling, and adaptations of ophthalmic prescriptions, products, and accessories.

18VAC80-30-20. Qualifications of applicant.

An applicant for a license shall must furnish satisfactory evidence on an application provided by the board establishing that:

1. The applicant is at least 18 years of age unless emancipated under the provisions of § 16.1-333 of the Code of Virginia;

2. The applicant is a graduate of an accredited high school, has completed the equivalent of grammar school and a four-year high school course, or is a holder of a certificate of general educational development;

3. The applicant is in good standing as a licensed optician in every jurisdiction where licensed. The applicant must disclose to the board at the time of application for licensure any disciplinary action taken in Virginia and all other jurisdictions in connection with the applicant's practice as an optician. This includes monetary penalties, fines, suspensions, revocations, surrender of a license in connection with a disciplinary action, or voluntary termination of a license.

Upon review of the applicant's prior disciplinary action, the board, in its discretion, may deny licensure to any applicant who the board deems unfit or unsuited to engage in opticianry. The board will decide each case by taking into account the totality of the circumstances. Any plea of nolo contendere or comparable plea will be considered a disciplinary action for the purposes of this section. The applicant must provide a certified copy of a final order, decree, or case decision by a court, regulatory agency, or board with the lawful authority to issue such order, decree, or case decision, and such copy will be admissible as prima facie evidence of such disciplinary action;

4. The applicant has not been convicted in any jurisdiction of a misdemeanor or felony In accordance with § 54.1-204 of the Code of Virginia, each applicant must disclose the following information regarding criminal convictions in Virginia and all other jurisdictions:

a. Misdemeanor convictions involving sexual offense or physical injury, or any felony involving drug distribution or that directly relates to the profession of opticianry. The board shall have the authority to determine, based upon all the information available, including the applicant's record of prior convictions, if the applicant is unfit or unsuited to engage in the profession of opticianry. Any plea of nolo contendere shall be considered a conviction for the purposes of this subdivision. The licensee shall provide a certified copy of a final order, decree, or case decision by a court or regulatory agency with the lawful authority to issue such order, decree, or case decision, and such copy shall be admissible as prima facie evidence of such conviction. This record shall be forwarded by the licensee to the board occurred within 10 days after all appeal rights have expired three years of the date of application; and

b. Felony convictions involving sexual offense, physical injury, drug distribution, or felony convictions involving the profession of opticianry.

The record of a conviction authenticated in such form as to be admissible in evidence under the laws of the jurisdiction where convicted is admissible as prima facie evidence of such conviction or guilt. The board has the authority to determine, based upon all the information available, including the applicant's record of prior convictions, if the applicant is unfit or unsuited to engage in the profession of opticianry;

5. The applicant has successfully completed one of the following education requirements:

a. A board-approved two-year course in a school of opticianry, including the study of topics essential to qualify for practicing as an optician; or

b. A two-year apprenticeship, including all required related technical instruction, while registered in the apprenticeship program in accordance with the standards established by the state Department of Labor Workforce Development and Industry Advancement, Division of Registered Apprenticeship, and approved by the board;

6. The applicant has disclosed his the applicant's current mailing address. A post office box may be provided as a secondary address;

7. The nonresident applicant for a license has filed and maintained with the department an irrevocable consent for the director of the department to serve as service agent for all actions filed in any court in the Commonwealth; and

8. The applicant shall must certify, as part of the application, that the applicant has read and understands Chapter 15 (§ 54.1-1500 et seq.) of Title 54.1 of the Code of Virginia and the regulations of the board.

18VAC80-30-30. Opticians licensed in another state Licensure by endorsement.

A. An optician licensed in another state seeking to be licensed as an optician in Every applicant for Virginia shall submit an application on a form provided by the board with the required fee. All fees are nonrefundable and shall not be prorated licensure through endorsement who is currently licensed as an optician in good standing in another jurisdiction must provide information upon application establishing that the requirements and standards under which the license was issued are substantially equivalent to and not in conflict with the provisions of this chapter. The applicant must file the application for endorsement and pay a fee to the board.

B. The board, using the following standards, shall will issue a license to any person licensed in another state who:

1. Has met requirements equivalent to those listed in subdivisions A 1 through 5 of 18VAC 80-30-20; and

2. Has passed a substantially equivalent examination.

18VAC80-30-40. Registration for voluntary practice by out-of-state licensees. (Repealed.)

Any optician who does not hold a license to practice in Virginia and who seeks registration in accordance with subdivision 5 of § 54.1-1506 of the Code of Virginia shall:

1. File a complete application for registration on a form provided by the board within 15 days prior to engaging in such practice. An incomplete application will not be considered;

2. Provide a complete list of professional licensure in each state in which he has held a license and a copy of any current license;

3. Provide a name of the nonprofit organization, the dates and location of the voluntary provision of services; and

4. Provide a notarized statement from a representative of the nonprofit organization attesting to its compliance with the provisions of subdivision 5 of § 54.1-1506 of the Code of Virginia.

18VAC80-30-50. Fees.

A. The fee for examination or examinations shall consist of the combination of an administrative charge of $25 (spectacle), $25 (contact lens), and will be the appropriate contract charges to the board by an outside vendor. Examination service contracts shall will be established in compliance with the Virginia Public Procurement Act (§ 2.2-4300 et seq. of the Code of Virginia). The total examination fee shall will not exceed a the cost of $1,000 to the applicant.

B. All application fees for licenses are nonrefundable and the date of receipt by the board or its agent is the date which will be used to determine whether it the fee is on time.

C. Application and examination fees must be submitted with the application for licensure.

The following fees shall apply:

FEE TYPE	AMOUNT DUE	WHEN DUE
Application for licensure	$100	With application
Application for contact lens certification	$100	With application
Renewal	$100	Up to the expiration date on the license with a 30-day grace period
Late renewal (includes renewal fee)	$125	Between 30 and 60 days after the expiration date on the license
Reinstatement (includes renewal and late renewal fees)	$225	After 60 days following the expiration date on the license

18VAC80-30-60. Examinations.

A. All examinations required for licensure shall must be approved by the board and administered by the board, or its agents or employees acting on behalf of the board.

B. The board shall will schedule an examination to be held at least twice each calendar year at a time and place to be designated by the board.

C. The applicant shall must follow all rules established by the board with regard to conduct at an examination. Such rules shall include any written instructions communicated prior to the examination date and any instructions communicated at the site, either written or oral, on the date of the examination. Failure to comply with all rules established by the board with regard to conduct at an examination shall will be grounds for denial of application.

18VAC80-30-70. Content of optician examination and reexamination.

A. Applicants for licensure shall must pass a written examination and a practical examination approved by the board. An applicant must pass the written and practical examination within two years of the initial test date. After two years, the applicant must file a new application and pay the required fee. Any applicant who fails the written or practical examination will be required to be reexamined on the failed examination and pay the reexamination fee.

B. The optician examination given by the board may will include, but is not limited to, the following topics:

1. Ophthalmic materials;

2. Ophthalmic optics and equipment;

3. Ophthalmic spectacle lens grinding;

4. Prescription interpretation;

5. Theory of light;

6. Finishing, fitting, and adjusting of eyeglasses and frames;

7. Ethics of relationship in respect to patient and physician or optometrist;

8. Anatomy and physiology; and

9. Applicable laws and regulations.

C. Any applicant who fails the written or practical examination, or both examinations, shall be required to be reexamined on the failed examination(s) and shall pay the reexamination fee(s).

D. An applicant shall pass the written and practical examination within two years of the initial test date. After two years, the applicant shall file a new application and pay the required fee.

18VAC80-30-80. Endorsement to fit contact lenses.

The board shall will administer a contact lens examination to fit contact lenses. The "Contact Lens" endorsement shall will be mandatory for licensed opticians to fit contact lenses as set out in §§ 54.1-1508 and 54.1-1509 of the Code of Virginia, and the contact lens endorsement shall will not be issued unless the individual's license is in good standing. A contact lens endorsed optician is any Virginia licensed optician who has been endorsed by the board to fit contact lens.

18VAC80-30-90. Content of contact lens endorsement examination and reexamination.

A. The contact lens endorsement examination administered by the board may will include, but is not limited to, the following topics:

1. Rigid lens verification;

2. Lens identification;

3. Keratomy Keratometry;

4. Slit lamp;

5. Slides (fitting patterns, edge patterns, quality stains); and

6. Insertion/removal Insertion and removal.

B. Any applicant who fails the written or practical contact lens examination, or both examinations, who desires to retake the examination(s), shall be required to be reexamined on the failed examination(s) and shall pay the reexamination fee(s).

C. B. An applicant shall must pass the written and practical examination approved by the board within two years of the initial test date. After two years, the applicant shall must file a new application and pay the required fee.

18VAC80-30-100. License renewal required.

A. Licenses issued under this chapter shall will expire 24 months from the last day of the month in which the license was issued.

B. The board shall will mail a renewal application form to the licensee at the last known mailing address. Failure to receive this notice does not relieve the licensee of the obligation to renew. Prior to the expiration date shown on the license, each licensee desiring to renew his a license must return all of the required forms and the appropriate fee to the board as outlined in 18VAC80-30-50. If the licensee fails to receive the renewal notice, a copy of the existing license shall be submitted to the board with the required fee.

C. Licensees shall will be required to renew their the license by submitting the appropriate fee made payable to the Treasurer of Virginia. Any licensee who fails to renew within 30 days after the license expires shall must pay a late renewal fee, in addition to the renewal fee, as set out in 18VAC80-30-50.

D. The board, in its discretion and for just cause, may deny renewal of a license. Upon Before such denial, the applicant for renewal may request that a proceeding be held in accordance with the provision of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

18VAC80-30-110. Reinstatement required.

A. If a licensee fails to renew his license within 60 days after the expiration date on the license, the licensee must apply for reinstatement on a form provided by the board.

1. Individuals applying for reinstatement shall must continue to meet the standards of entry as set out in subdivisions 1 through 8 3 and 4 of 18VAC80-30-20.

2. Individuals applying for reinstatement shall must submit the required fee as set out in 18VAC80-30-50.

B. Twenty-four months after the expiration of the license, the individual may be reinstated if he the individual can show proof of continuous, active, ethical, and legal practice outside of Virginia. If not, the individual must show proof of completion of a board-approved review course which that measures current competence. Credit will not be allowed for any review reinstatement course which that has not been approved by the board prior to administration of the course.

C. Sixty months after the expiration of the license, the individual, who cannot show proof of continuous, active, ethical, and legal practice outside of Virginia, shall will be required to apply as a new applicant for licensure. He shall The individual will be required to meet all current education requirements and retake the board's written and practical examination examinations.

D. The board, in its discretion and for just cause, may deny reinstatement of a license. Upon Before such denial, the applicant for reinstatement may request that a proceeding be held in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

E. A licensee who reinstates his license shall will be regarded as having been continually licensed without interruption. Therefore, the licensee shall will remain under the disciplinary authority of the board during the entire period and may be held accountable for his activities during this period. Nothing in these regulations shall divest the board of its authority to discipline a licensee for a violation of the law or regulations during the period of licensure as set out in this provision.

18VAC80-30-120. Lenses and frames standards.

A. Power Tolerance for Single Vision and Multifocal Lenses (diopters).

Sphere: Plano to ±.6.50	±.13 0.13 diopter
Above Stronger than ±-6.50	±2.0%
Cylinder: Plano to - 2.00	±.13 0.13 diopter
-2.12 > -2.00 to -4.50	±.15 0.15 diopter
above Greater than -4.50	±4%

B. Power Tolerance for Progressive Addition Lenses (diopters).

Sphere: Plano to ±8.00	±0.16 diopter
Stronger than ±8.00	±2%
Cylinder: Plano to -2.00	±0.16 diopter
> -2.00 to -3.50	±0.18 diopter
Greater than -3.50	±5%

B. C. Cylinder Axis.

Cyl. Power Diopters	Degrees ±
0.12 - 0.37 -0.12 to -0.25	7° ±14°
>-0.25 to -0.50	±7°
0.50 - 0.75 >-0.50 to -0.75	±5°
0.87 - 1.50 >-0.75 to -1.50	±3°
1.62 and above Greater than -1.50	±2°

C. Distance Optical Center. Contribution to net horizontal prism from processing should not exceed 2/3 prism diopter. A maximum of ±2.5mm variation from the specified distance optical center is permissible in higher power lens combinations.

D. Prism Reference Point Location and Power Tolerances (Vertical). Contribution to imbalance from processing The prismatic power measured at the prism reference point should not exceed 1/3 prism diopters. A maximum of or the prism reference point shall not be more than 1.0mm difference in vertical level is permissible in higher power lens combinations away from its specified position in any direction.

E. Prismatic Imbalance Tolerance in Mounted Single Vision and Multifocal Eyewear.

Refractive Power	Tolerance
Plano to ±3.375D	No more than 0.33 prism diopters vertically
Greater than ±3.375D	No more than 1mm difference in height of PRP
Plano to ±2.75D	No more than 0.67 prism diopters horizontally
Greater than ±2.75D	No more than 2.5mm from specified interpupillary distance

F. Prismatic Imbalance Tolerance in Mounted Progressive Addition Lens Eyewear.

Refractive Power	Tolerance
Plano to ±3.375D	No more than 0.33 prism diopters vertically
Greater than ±3.375D	No more than 1mm difference in height of PRP
Plano to ±3.375D	No more than 0.67 prism diopters horizontally
Greater than ±3.375D	No more than 1mm from specified monocular pupillary distance

G. Segment Location and Fitting Cross Vertical Location and Segment Tilt.

Multifocals:	Tolerance
Vertical Segment height for each lens	±.-1.0 mm
Horizontal Difference between segments heights in mounted pair	±.2.5 mm 1.0 mm
Progressive Addition Lenses:
Fitting Cross height for each lens	±1.0 mm
Difference between fitting cross heights in mounted pair	±1.0 mm
Horizontal tilt for each lens using permanent reference markings	±2 degrees

Tilt or twist in the case of a flat-top segment, the tilt of its horizontal axis should be less than 1/2 mm in differential elevation between the segment edges.

F. H. Multifocal Additions and Progressive Addition Lens Addition Power Tolerances.

Plano + 8.00 Nominal Value of Addition Power	±.13 diopter 0.00 to ±4.00D	+4.00D and above
Above + 8.00 Tolerance on Addition Power	±.18 diopter ±0.12	±0.18

G. I. Base Curve Tolerance. When specified, the base curve should be supplied within ±0.75 diopter.

H. Warpage. The cylindrical surface power induced in the base curve of a lens should not exceed 1 diopter. This recommendation need not apply within 6mm of the mounting eyewire.

I. J. Center Thickness Tolerance. When specified, the center thickness should be within ±0.3mm measured at the prism reference point of the convex surface.

K. Localized errors (aberration). Areas outside a 20mm radius 30mm diameter from the specified major distance reference point or optical center within 6mm from the edge need not be tested for aberration local power errors or aberrations. Progressive addition lenses are exempt from this requirement.

L. Prescription Dress Eyewear Impact Resistance. All lenses must conform to the impact resistance requirements of 21 CFR § 801.410.

M. Axis of Polarization. The actual plan of transmittance shall be at 90 ± 3 degrees from the intended direction of horizontal orientation of polarization marking.

18VAC80-30-130. Contact lens standards.

To fit contact lenses, the following shall must be done:

1. The prescription (RX) must show evidence that contact lenses may be worn by the patient before the prescription can be filled by the licensed contact lens endorsed optician. Verbal approval from the optometrist or ophthalmologist or its agents or employees of the optometrist or ophthalmologist is acceptable. The licensed contact lens endorsed optician must make a notation in the patient's record of the name of the authorizing optometrist or ophthalmologist and the date of the authorization.

2. The optician must use all the following to fit contact lenses:

a. Slit Lamp;

b. Keratometer and topographer; and

c. Standardized Snellen type acuity chart.

18VAC80-30-140. Display of license.

Every person to whom a current license has been granted under this chapter shall must visibly display his the unaltered license in a conspicuous place in plain view of the public in the principal office in which he the person works. A duplicate clear and legible copy of the license which has been notarized shall must be posted in any branch offices.

18VAC80-30-150. Notification of change of address or name.

Notice in writing shall must be given to the board in the event of any change of name or address. Such notice shall must be mailed submitted to the board within 30 60 days of the change of name or address. The board shall will not be responsible for the licensee's failure to receive notices, communications, and correspondence caused by the licensee's failure to promptly notify the board in writing of any change of name or address.

18VAC80-30-160. Grounds for disciplinary action.

A. The board is empowered to revoke, suspend, or refuse to grant or renew a license and is empowered to impose a fine up to the statutory limit, as authorized under § 54.1-202 of the Code of Virginia, per violation on a licensee for any of the following reasons:

1. Using nonprescribed controlled substances as defined in § 54.1-3401 of the Code of Virginia or alcohol at the work place during working hours;

2. 1. Displaying professional incompetence or negligence, including failure to comply with this part chapter in the performance of opticianry;

3. 2. Presenting false or fraudulent information on an application certifying possession of the qualifications required under 18VAC80-30-20;

4. 3. Violating or inducing others to violate any provisions of Chapter 1 (§ 54.1-100 et seq.), 2 (§ 54.1-200 et seq.), 3 (§ 54.1-300 et seq.), or 15 (§ 54.1-1500 et seq.) of Title 54.1 of the Code of Virginia, or of any other statute applicable to the practice of the profession herein regulated by this chapter, or of any provisions of this chapter;

5. 4. Publishing or causing to be published any advertisement related to opticianry that is false, deceptive, or misleading;

6. 5. Having been convicted in any jurisdiction of a misdemeanor involving sexual offense or physical injury in the last three years or a felony involving sexual offense, or physical injury, or of any felony involving drug distribution, or that directly relates to crimes involving the profession of opticianry. The board shall have has the authority to determine, based upon all the information available, including the applicant's record of prior convictions, if the applicant is unfit or unsuited to engage in the profession of opticianry. Any plea of nolo contendere shall be considered a conviction for the purposes of this section. The licensee shall provide a certified copy of a final order, decree or case decision by a court or regulatory agency with the lawful authority to issue such order, decree or case decision, and such copy shall be admissible as prima facie evidence of such conviction. This record shall be forwarded by the licensee to the board within 10 days after all appeal rights have expired;

7. 6. Having been disciplined by another jurisdiction in the practice of opticianry. Documentary evidence of such discipline shall must be submitted by the licensee to the board within 10 days after all appeal rights have expired; or

8. 7. Allowing any person to engage in the practice of opticianry, except an optician apprentice or student enrolled in a course in a school of opticianry under the direct supervision of a licensed optician.

B. A finding of improper or dishonest conduct in the practice of the profession by a court of competent jurisdiction shall be is cause for disciplinary action.

18VAC80-30-170. Accountability of licensee.

A licensee shall be is responsible for his the licensee's acts or omissions and for the acts of his the licensee's agents or employees or his the licensee's staff in the performance of opticianry services.

18VAC80-30-180. Approval of review Board-approved reinstatement courses.

A. Review Reinstatement courses set out in this chapter shall must be approved by the board, except those provided by institutions, schools, and universities approved by the State Council of Higher Education for Virginia, for which continuing education units are awarded. Training Reinstatement courses requiring board approval shall must be approved by the board in accordance with the provisions of this section prior to commencing in accordance with subsection B of this section.

B. Training activities for which experience credit may be granted must be conducted in general conformance with the International Association for Continuing Education and Training's "Criteria and Guidelines for Quality Continuing Education and Training Programs: the CEU and Other Measurement Units," 1998. The board reserves the right to waive any of the requirements of the association's guidelines on a case-by-case basis. Only classroom, laboratory and field trip contact time will be used to compute training credits. No credit will be given for breaks, meals, or receptions.

1. Organization. The board will only approve training offered by a sponsor who is an identifiable organization with a mission statement outlining its functions, structure, process and philosophy, and that has a staff of one or more persons with the authority to administer training.

2. Training records. The board will only approve training offered by a sponsor who maintains training records for all participants for a minimum of five years, and who has a written policy on retention and release of training records.

3. Instructors. The board will only approve training conducted by personnel who have demonstrated competence in the subject being taught, an understanding of the learning objective, a knowledge of the learning process to be used, and a proven ability to communicate.

4. Objectives. The board will only approve courses that have a series of stated objectives that are consistent with the job requirements of an optician. The training content must be consistent with those objectives.

5. Course completion requirements. For successful completion of a training program, participants must attend 90% or more of the class contact time and must demonstrate their learning through written examinations, completion of a project, self-assessment, oral examination, or other assessment technique.

C. B. The board shall will consider the following information, to be submitted by the instructor, institution, school, or university on forms provided by the board, at least 45 days prior to the scheduled training activity:

1. Course information.

a. Course title;

b. Planned audience;

c. Name of sponsor;

d. Name, address, phone and telephone number of contact person;

e. Schedule presentation dates;

f. Detailed, hour-by-hour course schedule, hour-by-hour;

g. List of planned breaks;

h. Scheduled presentation location(s) location; and

i. Relevancy Relevance of course to opticianry licensing topics listed in 18VAC80-30-70.

2. Instructor qualifications.

a. Name of instructor;

b. Title of instructor; and

c. Summary of qualifications to teach this course.

3. Training materials.

a. Course objectives -- A listing of the course objectives stated in terms of the skills, knowledge, or attitude the participant will be able to demonstrate as a result of the training;

b. Course outline -- A detailed outline showing the planned activities that will occur during the training program, including major topics, planned presentation sequence, laboratory and field activities, audio-visual presentations, and other major activities;

c. Course reference materials -- A list of the name, publisher, and publication date for commercially available publications; for reference materials developed by the course sponsor or available exclusively through the course, a copy of the reference materials;

d. Audio-visual support materials -- A listing of any commercially available audio-visual support material that will be used in the program; a brief description of any sponsor sponsor-generated or instructor generated instructor-generated audio-visual material that will be used; and

e. Handouts -- Identification of all commercially available handout material that will be used; copies of all other planned handouts.

4. Determination of successful completion. A description of the means that will be used to determine the successful completion of the training program by individual attendees, such as examinations, projects, personal evaluations by the instructor, or other recognized evaluation techniques.

D. C. Recurring training programs. If there are plans to present the same course of instruction routinely at multiple locations with only minor modifications and changes, the board may approve the overall program rather than individual presentations if so requested by the sponsor.

1. The board shall will consider all of the information listed above in subsection B of this section, except those items related to specific offerings of the course.

2. Board approval may be granted for a specific period of time or for an indefinite period.

3. Board approval will apply only to those specific offerings certified by the sponsoring organization as having been conducted by instructors meeting the established criteria and in accordance with the board-approved courses, outlines, and objectives.

4. To maintain approval of the program, changes made to the program since initial approval must be submitted to the board for review and approval. Changes must be approved by the board prior to any training subsequent to the changes.

18VAC80-30-190. Criteria for related technical instruction.

A. Related technical instruction courses for optician apprenticeships set out in this chapter must be approved by the board. Training institutions must meet the following criteria for related technical instruction.

1. Course Information. The curriculum must, at a minimum, teach to the American Board of Opticianry – National Contact Lens Examiners (ABO - NCLE) National Opticianry Competency Examination (NOCE) Content Outline and Test Specifications (https://www.abo-ncle.org/ABONCLE/ABONCLE/Exams/Basic-Exams.aspx).

2. Training Material.

a. Course objectives: a listing of the course objectives stated in terms of the skills, knowledge, or aptitude the participant will be able to demonstrate as a result of the instruction;

b. Course description: a detailed description showing the major topics, planned presentation sequence, activities, audio-visual presentations, and other major activities;

c. Required course materials: a list of the name, publisher, and publication date for commercially available publications or, for reference materials developed by the program or available exclusively through the course, a copy of the reference material to be used by the participant; and

d. Modality of instruction.

3. Evidence satisfactory to the board that the related technical instruction meets the minimum of 144 hours for each year of the two-year apprenticeship.

4. List of references used in course content development.

5. List of individuals, including qualifications, used in course content development.

6. List of review criteria used to ensure course content is current with ABO-NCLE NOCE Content Outline and Test Specifications.

7. A description of the means that will be used to determine the successful completion of the related technical instruction program by individuals, such as examinations, projects, personal evaluations, or other recognized evaluation techniques.

B. To maintain approval of the program, the curriculum must be submitted to the board for review and approval:

1. Every five years; or

2. Thirty days prior to any substantive changes to the requirements found in subsection A of this section.