NOTICE OF PROPOSED CHANGES TO THE DELEGATION AUTHORITY OF A LICENSED OPTOMETRIST IN THE REGULATIONS OF THE ALASKA BOARD OF EXAMINERS IN OPTOMETRY Brief Description:The Board of[...]

NOTICE OF PROPOSED CHANGES TO THE DELEGATION AUTHORITY OF A LICENSED OPTOMETRIST IN THE REGULATIONS OF THE ALASKA BOARD OF EXAMINERS IN OPTOMETRY

Brief Description:

The Board of Examiners in Optometry proposes to change regulations implementing corresponding statutory changes to AS 08.72 under 1 Chapter 37, SLA 2024 (HB309) relating to the delegation of routine services of optometry by a licensed optometrist to a non-licensed agent.

Summary of proposed changes: The Board of Examiners in Optometry (Board) proposes to change regulation changes in Title 12, Chapter 48 of the Alaska Administrative Code, relating to the delegation of routine services in optometry by a licensed optometrist to a non-licensed agent to address changes to AS 08.72 under 1 Chapter 37, SLA 2024 (HB 309), including the following:

(1) 12 AAC 48.315 is proposed as a new section establishing the requirements and parameters relating to an optometrist's authority to delegate routine services of optometry to a non-licensed agent under the supervision of the licensed optometrist.

(2) 12 AAC 48.330 is proposed to be updated with two new subsections clarifying when the delegation of services to an agent will be considered unprofessional conduct.

Written comments: You may comment on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, by submitting written comments to Stefanie Davis, Regulations Specialist, Division of Corporations, Business and Professional Licensing, P.O. Box 110806, Juneau, AK 99811-0806. Additionally, comments will be accepted by facsimile at (907) 465-2974 and by electronic mail at [email protected]. Comments may also be submitted through the Alaska Online Public Notice System by accessing this notice on the system at http://notice.alaska.gov/224829, and using the comment link.

Written comment deadline: The written comments must be received not later than 4:30 p.m. on September 21, 2026.

Questions: You may submit written questions relevant to the proposed action to Stefanie Davis, Regulations Specialist, Division of Corporations, Business and Professional Licensing, P.O. Box 110806, Juneau, AK 99811-0806 or by e-mail at [email protected]. The questions must be received at least 10 days before the end of the public comment period. The Board will aggregate its response to substantially similar questions and make the questions and responses available on the Alaska Online Public Notice System and on the Board's website at https://www.commerce.alaska.gov/web/cbpl/ProfessionalLicensing/BoardofOptometry.

Public nature of comments and questions: Public comments and questions, once submitted, are public records and subject to disclosure under the Alaska Public Records Act. See AS 40.25.100 - 40.25.295. Do NOT include in your comments or questions any information that you do not want made public.

Accommodations: If you are a person with a disability who needs a reasonable accommodation in order to participate in this process, please contact Stefanie Davis at (907) 465-2537 or [email protected] not later than September 14, 2026, to ensure that any necessary accommodation can be provided.

Obtaining copies of proposed regulations: A copy of the proposed regulation changes is available on the Alaska Online Public Notice System, by contacting Stefanie Davis at (907) 465-2537, [email protected], or at https://www.commerce.alaska.gov/web/portals/5/pub/Regulations/OPT-1124.pdf.

Final version of regulations. After the public comment period ends, the Board will either adopt the proposed regulation changes or other provisions dealing with the same subject, without further notice, or decide to take no action. The language of the final regulation may be different from that of the proposed regulation.

Statutory authority: AS 08.72.050; AS 08.72.060; AS 08.72.110; AS 08.72.240; AS 08.72.280
Statutes being implemented, interpreted, or made specific: AS 08.72.050; AS 08.72.060; AS 08.72.110; AS 08.72.240; AS 08.72.280

Fiscal information: The proposed regulation changes are not expected to require an increased appropriation.

How to receive further notices: For each occupation regulated under the Division of Corporations, Business and Professional Licensing, the Division keeps a list of individuals or organizations who are interested in the regulations of that occupation. The Division automatically sends a Notice of Proposed Regulations to the parties on the appropriate list each time there is a proposed change in an occupation's regulations in Title 12 of the Alaska Administrative Code. If you would like your address added to or removed from such a list, send your request to the Division at the address above, giving your name, either your e-mail address or mailing address (as you prefer for receiving notices), and the occupational area in which you are interested.

Date: 8/19/2026
Stefanie Davis, Regulations Specialist
Division of Corporations, Business and Professional Licensing

ADDITIONAL REGULATION NOTICE INFORMATION
(AS 44.62.190(d))

1. Adopting agency: Board of Examiners in Optometry - Department of Commerce, Community, and Economic Development, Division of Corporations, Business and Professional Licensing.

2. General subject of regulation: Implementing statutory changes to AS 08.72 under 1 Chapter 37, SLA 2024 (HB309) relating to the delegation of routine services of optometry by a licensed optometrist to a non-licensed agent.

3. Citation of regulation: 12 AAC 48.315 and 12 AAC 48.330.

4. Department of Law file number: 2024200563.

5. Reason for the proposed action: Update and clarification of current regulations; compliance with new or changed state statute.

6. Appropriation/Allocation: Corporations, Business and Professional Licensing - #2360.

7. Estimated annual cost to comply with the proposed action to:
A private person: None known.
Another state agency: None known.
A municipality: None known.

8. Cost of implementation to the state agency and available funding (in thousands of dollars):
No costs are expected in FY 2027 or in subsequent years.

9. The name of the contact person for the regulation:
Ashley Carabajal, Licensing Examiner
Board of Examiners in Optometry
Division of Corporations, Business and Professional Licensing
Department of Commerce, Community, and Economic Development
Telephone: (907) 465-6804
E-mail: [email protected]

10. The origin of the proposed action: Staff of state agency.

11. Date: 8/19/2026
Prepared by: Stefanie Davis, Regulations Specialist

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