Title of Regulation: 18VAC80-30. Opticians Regulations (amending 18VAC80-30-20).

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

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: September 29, 2021.

Effective Date: October 14, 2021.

Agency Contact: Stephen Kirschner, 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 hearingaidspec@dpor.virginia.gov.

Basis: Section 54.1-201.5 of the Code of Virginia gives authority to the Board for Hearing Aid Specialists and Opticians to promulgate regulations necessary to assure continued competency, to prevent deceptive or misleading practices by practitioners, and to effectively administer the regulatory system administered by the regulatory board.

Purpose: This regulatory change is required because the current regulation regarding related instruction does not meet federal or state requirements or the board's standards of apprenticeship. The apprenticeship is required to have 144 hours of related instruction each year of the apprenticeship, and home study is not authorized as a substitute for related instruction. The related technical instruction requirements established by state and federal requirements are designed as the minimum necessary theory instruction to go along with the on-the-job training requirement of a registered apprenticeship. State and federal authorities have deemed this requirement necessary to ensure minimum competency for the protection of the health, safety, and welfare of the public. By simplifying the language, as proposed by this regulation, the language will fall into line with current requirements, and remain flexible for any unforeseen future state or federal revisions.

Rationale for Using Fast-Track Rulemaking Process: This change is required to remove antiquated language and bring the board's requirement in line current apprenticeship requirements, so it is not anticipated to be controversial. The apprenticeship is required to have 144 hours of related instruction each year of the apprenticeship, and home study is not authorized as a substitute for related instruction.

Substance: The proposed revision amends the apprenticeship training option by removing the reference to one school year of related instruction or home study and replaces it with the general language all required related technical instruction.

Issues: The primary advantage of this change is that it brings the regulations into alignment with the state and federal apprenticeship requirements and removes language from the regulations that inaccurately describes the requirements of a registered apprenticeship under the Department of Labor and Industry. This will clarify the regulatory text and reduce the likelihood of confusion by potential applicants. There are no disadvantages to the public.

There are no advantages or disadvantages to the agency or commonwealth.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The Board for Hearing Aid Specialists and Opticians (Board) proposes to amend language concerning apprenticeships to reflect current requirements in practice.

Background. In order to become licensed as an optician, the current regulation states that the applicant must successfully complete one of two options for the education requirement:

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

A two-year apprenticeship with a minimum of one school year of related instruction or home study while registered in the apprenticeship program in accordance with the standards established by the state Department of Labor and Industry (DOLI) Division of Registered Apprenticeship, and approved by the board;

According to the Department of Professional and Occupational Regulation, the phrase "a minimum of one school year of related instruction or home study" is antiquated language that does not reflect the standards of DOLI registered apprenticeships. DOLI registered apprenticeships require related technical instruction every year of the apprenticeship, and do not provide a "home study" alternative. The board proposes to remove "with a minimum of one school year of related instruction or home study" from the regulation, and replace it with "including all required related technical instruction."

Estimated Benefits and Costs. The proposal does not affect requirements in practice, but is beneficial in that it may reduce confusion among readers of the regulation.

Businesses and Other Entities Affected. The proposal may particularly affect individuals considering an apprenticeship in opticianry. There are currently 95 registered optician apprenticeships.¹ The proposal does not produce costs.

Small Businesses² Affected. The proposal does not substantively affect small businesses.

Localities³ Affected.⁴ The proposal does not substantively affect localities.

Projected Impact on Employment. The proposal does not affect employment.

Effects on the Use and Value of Private Property. The proposal does not substantively affect the use and value of private property or real estate development costs.

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¹Data source: Department of Professional and Occupational Regulation via Department of Labor and Industry

²Pursuant to § 2.2-4007.04 of the Code of Virginia, 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."

³"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.

⁴§ 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

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

Summary:

The amendments remove language to align the regulation with the current training requirements of registered apprenticeship standards established by the Department of Labor and Industry and with federal apprenticeship requirements.

18VAC80-30-20. Qualifications of applicant.

An applicant for a license shall 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;

4. The applicant has not been convicted in any jurisdiction of a misdemeanor or felony involving sexual offense, drug distribution or physical injury, or any felony 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 within 10 days after all appeal rights have expired;

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 with a minimum of one school year of related instruction or home study, including all required related technical instruction, while registered in the apprenticeship program in accordance with the standards established by the state Department of Labor and Industry, Division of Registered Apprenticeship, and approved by the board;

6. The applicant has disclosed his current mailing 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 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.