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Thread: Actual licenses in Licensed States

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    Master OptiBoarder tx11's Avatar
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    Question Actual licenses in Licensed States

    Do opticians working for chains and private practices in licensed states actually have to have a license to dispense BEFORE they may dispense? Do they have to maintain it in order to KEEP dispensing?

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    Compulsive Truthteller OptiBoard Gold Supporter Uncle Fester's Avatar
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    Quote Originally Posted by tx11 View Post
    Do opticians working for chains and private practices in licensed states actually have to have a license to dispense BEFORE they may dispense? In Massachusetts - Yes and they must display a copy in the store (home address is allowed to be redacted). Both LDO and apprentices must wear name tags with license number visible on person. I believe "Stylists" in chains should hand-off the customer when creating an order or dispensing. Do they have to maintain it in order to KEEP dispensing? Yes.
    If you let your continuing education credits or renewal fall behind and are caught in an audit you will face a fine and/or be called before the Board where you can have the license revoked and it does happen.

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    Master OptiBoarder tx11's Avatar
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    Thanks Uncle Fester.
    So...Do stylists (in chains or private practices) need a license to give advice on eyewear?

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    In the great state of Washington, prior to dispensing one must be registered with the State DOH. You then have the choice of apprenticeship; you have six years to complete the time/hours and pass the State Board or school and sit before the State Board, after which you have to maintain your CE's. License renewal is annual, the State does perform audits and can dole out punishment for those who are not compliant.
    I didn't attend the funeral, but I sent a nice letter saying I approved of it. Mark Twain

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    In Florida, BEFORE you can even call yourself an "Optician", you must complete a series of steps to become an Optician. First, you have to complete a 6,240 hour apprenticeship within 5 years time under a sponsor (usually takes 3-4 years working full time) or graduate from an accredited 2 year Opticianry program, then pass the ABO, the NCLE, & the NCSORB exam (glasses and contact lens portions), pay a fee and then you can be licensed by the state and call yourself an Optician. We are one of the only states that has title protection, so no one can use the title "Optician" without being licensed first, not even if you're ABO certified or licensed in another state. It is illegal for anyone to refer to himself/herself as an "Optician" or mislead the public to make them think they are without being licensed in FL. Having said that, if an Optometrist or Ophthalmologist owns a dispensary, they are not required by law to have an Optician on site in order to sell and dispense eyewear (stupid exception to the law in my opinion). Basically, any corporate or private Optician owned optical must have an Optician on duty in order to sell and dispense. Every 2 years (or more if there is cause for concern), all optical establishments are inspected by the Department of Health to make sure they are operating legitimately. In order to dispense or perform duties outlined in our Opticianry law, you must be licensed as an Optician and maintain that license in order to work as an Optician. To renew the license, you must take 20 hours of continuing education credits every 2 years from a licensed provider and pay a renewal fee.

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    Master OptiBoarder tx11's Avatar
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    So it seems that FL private practices are NOT required to have licensed opticians and chains only require one in the store and the rest do not have to be...is that correct?

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    Quote Originally Posted by tx11 View Post
    So it seems that FL private practices are NOT required to have licensed opticians and chains only require one in the store and the rest do not have to be...is that correct?
    So with 32 licensed states that a licensed Optician must be on premise, how do we allow an on-line business to ship finished glasses to a patient?

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    Master OptiBoarder tx11's Avatar
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    What I am reading is that EVEN IN LICENSED STATES, unlicensed "opticians/stylists/optometric techs" (choose your title) can still give advice/sell/dispense eyewear. It just requires a licensed optician or OD/MD to be at the location.

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    Quote Originally Posted by tx11 View Post
    What I am reading is that EVEN IN LICENSED STATES, unlicensed "opticians/stylists/optometric techs" (choose your title) can still give advice/sell/dispense eyewear. It just requires a licensed optician or OD/MD to be at the location.
    That's right. Ain't it amazing?!

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    Quote Originally Posted by tx11 View Post
    What I am reading is that EVEN IN LICENSED STATES, unlicensed "opticians/stylists/optometric techs" (choose your title) can still give advice/sell/dispense eyewear. It just requires a licensed optician or OD/MD to be at the location.
    In WA, you can not dispense without first being registered as an Apprenticing Optician, said individual would be working under an LDO, OD, or an MD.
    I didn't attend the funeral, but I sent a nice letter saying I approved of it. Mark Twain

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    Master OptiBoarder tx11's Avatar
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    Quote Originally Posted by Paul Smith LDO View Post
    In WA, you can not dispense without first being registered as an Apprenticing Optician, said individual would be working under an LDO, OD, or an MD.
    But they can work for up to six years as registered un licensed employees correct?

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    Quote Originally Posted by tx11 View Post
    But they can work for up to six years as registered un licensed employees correct?
    As a registered Apprenticing Optician, in WA the individual has a license from WA DOH, that states they are a Licensed Apprenticing Optician.
    I didn't attend the funeral, but I sent a nice letter saying I approved of it. Mark Twain

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    Master OptiBoarder tx11's Avatar
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    oh

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    Master OptiBoarder OptiBoard Gold Supporter Judy Canty's Avatar
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    Quote Originally Posted by tx11 View Post
    Do opticians working for chains and private practices in licensed states actually have to have a license to dispense BEFORE they may dispense? Do they have to maintain it in order to KEEP dispensing?
    In VA, non-licensed staff may dispense under the license of their employer, if said employer has a license. NO ONE may hold themselves out to the public as an Optician without a Virginia License to practice Opticianry. Not on business cards, not on websites, not on stationary, not on a name tag.

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    Quote Originally Posted by tx11 View Post
    So it seems that FL private practices are NOT required to have licensed opticians and chains only require one in the store and the rest do not have to be...is that correct?
    You are correct, in FL, private practices (Optometry/Ophthalmology) are not required to have Licensed Opticians in order to sell/dispense eyewear. For corporate or Optician owned opticals, the Licensed Optician on duty has authority and responsibility over ALL prescription eyewear that is sold and dispensed while he/she is on the premises and they must directly supervise those who are selling and dispensing.

    This is the link to FL Opticianry statutes if you want to read them for yourself: http://www.leg.state.fl.us/statutes/...0484/0484.html

    Here are some excerpts of the statute related to what you're asking (important parts in bold):
    “Opticianry” means the preparation and dispensing of lenses, spectacles, eyeglasses, contact lenses, and other optical devices to the intended user or agent thereof, upon the written prescription of a licensed allopathic or osteopathic physician or optometrist who is duly licensed to practice or upon presentation of a duplicate prescription. The selection of frame designs, the actual sales transaction, and the transfer of physical possession of lenses, spectacles, eyeglasses, contact lenses, and other optical devices subsequent to performance of all services of the optician shall not be considered the practice of opticianry; however, such physical possession shall not be transferred until the optician has completed the fitting of the optical device upon the customer. The practice of opticianry also includes the duplication of lenses accurately as to power, without prescription.

    “Direct supervision” means supervision where the licensee remains on the premises while all work is being done and gives final approval to any work performed by an employee.

    “Optician” means any person licensed to practice opticianry pursuant to this part.

    “Optical dispensing” means interpreting but not altering a prescription of a licensed physician or optometrist and designing, adapting, fitting, or replacing the prescribed optical aids, pursuant to such prescription, to or for the intended wearer, duplicating lenses, accurately as to power without a prescription, and duplicating nonprescription eyewear and parts of eyewear. “Optical dispensing” does not include selecting frames, transferring an optical aid to the wearer after an optician has completed fitting it, or providing instruction in the general care and use of an optical aid, including placement, removal, hygiene, or cleaning.

    484.011 Supportive personnel.—No person other than a licensed optician may engage in the practice of opticianry, except that a licensed optician may delegate to nonlicensed supportive personnel those duties, tasks, and functions which fall within the purview of s. 484.002(3). All such delegated acts shall be performed under the direct supervision of a licensed optician, who shall be responsible for all such acts performed by persons under her or his supervision.

    It is unlawful for any person other than an optician licensed under this part to use the title “optician” or otherwise lead the public to believe that she or he is engaged in the practice of opticianry.

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    Master OptiBoarder OptiBoard Silver Supporter rdcoach5's Avatar
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    In Ohio you may not dispense without a valid license or be registered as an apprentice with a licensed optician on premises except for lunch hour.

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    Master OptiBoarder
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    I never will understand what the lunch hour has to do with it? If what we do requires should require a license, why does that change during the lunch hour? That is just ludicrous..........

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    Eyes eastward... Uilleann's Avatar
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    Online completely and utterly negates any license or certification in the entirety of North America.

    Or so it seems to the glasses purchasing public.

    Stick the fork in - Done.

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    Master OptiBoarder ziggy's Avatar
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    Quote Originally Posted by rdcoach5 View Post
    In Ohio you may not dispense without a valid license or be registered as an apprentice with a licensed optician on premises except for lunch hour.
    Its early so I may be wrong, but I don't think that the statute says anything about the law gets a lunch break. to your original question tx11, a non optician (in Ohio) may dispense or do any other duties as directed under the guidance of an OD/MD. if the person works for an Optician or retail chain not owned by a Doctor, they must be a registered apprentice, and must be "directly supervised" by a licensed Optician. The biggest issue that most licensed states face is enforcement of the statute for that state. Most people dont want to report any violation of the statute. In my opinion this is because of two main reasons, 1st and for most the person fears retaliation, the 2nd reason is because said person is unclear exactly what the statute says. RDcoach's commit is an example of what I'm talking about. Another example is when a manager of a retail store thinks that it is OK to have the independent OD at their location check the contacts that were ordered for a patient. Some companies assume that this will meet the requirement of the statute regarding the sell and dispensing of contacts, but it does not unless the OD is employed but the retail company. Of course I can only commit on Ohio as every state differs some what. I hope this helps.
    Paul:cheers:

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    Master OptiBoarder tx11's Avatar
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    I was actually assuming that in licensed states ONLY licensed opticians could work in a dispensary performing ANY tasks regarding eyewear. I WAS WRONG. It seems that EVEN IN SOME LICENSED STATES ANYBODY can do the work of an optician ( for a long period of time)as long as they don't call themselves an optician.

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    Master OptiBoarder ziggy's Avatar
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    Quote Originally Posted by tx11 View Post
    I was actually assuming that in licensed states ONLY licensed opticians could work in a dispensary performing ANY tasks regarding eyewear. I WAS WRONG. It seems that EVEN IN SOME LICENSED STATES ANYBODY can do the work of an optician ( for a long period of time)as long as they don't call themselves an optician.
    Well, in Ohio, you are correct in that any JO can work in for a OD/MD doing "Optician" duties without any regulations or restrictions.
    Paul:cheers:

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    Master OptiBoarder
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    When I lived in Arizona, I was not licensed (I was going to graduate school at ASU and I am from PA where there is no license)...I worked at an optical that had to have a manager that was licensed. They literally had high school kids doing "optician" work. They were called stylists, but let's face it, they were the optician. I was in the lab and saw all sorts of weird things. Not good. I remember a patient coming in with a slab off and someone came back to the lab telling me how bad his glasses were and that there was a huge defect in it. Then I had to educate them on what a slab was. Long day.

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    Quote Originally Posted by tx11 View Post
    I was actually assuming that in licensed states ONLY licensed opticians could work in a dispensary performing ANY tasks regarding eyewear. I WAS WRONG. It seems that EVEN IN SOME LICENSED STATES ANYBODY can do the work of an optician ( for a long period of time)as long as they don't call themselves an optician.

    The Opticianry laws were written (in all states that I'm aware of) a long time ago in a manner so that in order to sell and dispense eyewear, there has to be at least ONE Licensed Optician on the premises who gives final authorization for all work performed. At that time, there probably weren't enough people interested in becoming Opticians to make the law where EVERYBODY working in a dispensary had to be licensed. I'm sure that would have put a big financial burden on some smaller optical businesses in the beginning. The major problems I see with the laws are: 1. that Optometrists and Ophthalmologists are exempt from having to have Licensed Opticians in order to sell & dispense. 2. Opticians in licensed states don't really use their licenses the way the law says, by not being ON the premises at all times when Opticianry duties are being performed and NOT supervising and giving final authorization for all work done. 3. No formal education required to become an Optician.

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    Master OptiBoarder OptiBoard Silver Supporter Barry Santini's Avatar
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    Licensing laws are:

    1. Not universal
    2. Not uniform
    3. Not comprehensive
    4. Not for the consumer any longer - They primarily serve to protect the regulated, IMHO.

    The consumer is best served by competence. The next discussion should be how do we get there.

    B

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    Master OptiBoarder ziggy's Avatar
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    Quote Originally Posted by Barry Santini View Post
    Licensing laws are:

    1. Not universal
    2. Not uniform
    3. Not comprehensive
    4. Not for the consumer any longer - They primarily serve to protect the regulated, IMHO.

    The consumer is best served by competence. The next discussion should be how do we get there.

    B
    B, I agree with most of what you said, at least in Ohio the laws haven't changed in decades. This is not from a lack of effort on behalf of the board, the PACs that represent retailers and ODs have deep pockets and the ear of many of the Representatives at the state house. The industry has changed but the laws have not. At least in Ohio, the main change has been in the enforcement of those laws. Lack of enforcement has allowed the retailers to do what they will without fear of recourse.
    Paul:cheers:

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