Virginia Law

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

1. The applicant is at least 18 years of age;

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. 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 that occurred within 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 Workforce Development and Advancement, Division of Registered Apprenticeship, and approved by the board;

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