Administrative Code

Virginia Administrative Code
5/12/2021

Part II. Entry 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 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.

Statutory Authority

§ 54.1-201 of the Code of Virginia.

Historical Notes

Former 18VAC100-20-10 derived from VR505-01-1:1 § 1.1, eff. November 1, 1991; amended, Virginia Register Volume 14, Issue 4, eff. December 29, 1997; Volume 15, Issue 26, eff. November 1, 1999; Volume 17, Issue 9, eff. March 1, 2001; amended and renumbered as 18VAC80-30-20, Virginia Register Volume 28, Issue 23, eff. August 15, 2012; Volume 35, Issue 12, eff. April 1, 2019.

18VAC80-30-30. Opticians licensed in another state.

A. An optician licensed in another state seeking to be licensed as an optician in 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.

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

1. Has met requirements equivalent to those listed in 18VAC 80-30-20; and

2. Has passed a substantially equivalent examination.

Statutory Authority

§ 54.1-201 of the Code of Virginia.

Historical Notes

Former 18VAC100-20-50 derived from VR505-01-1:1 § 1.5, eff. November 1, 1991; amended, Virginia Register Volume 14, Issue 4, eff. December 29, 1997; Volume 15, Issue 26, eff. November 1, 1999; Volume 17, Issue 9, eff. March 1, 2001; amended and renumbered as 18VAC80-30-30, Virginia Register Volume 28, Issue 23, eff. August 15, 2012.

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

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.

Statutory Authority

§ 54.1-201 of the Code of Virginia.

Historical Notes

Former 18VAC100-20-53 derived from Virginia Register Volume 21, Issue 20, eff. August 1, 2005; amended and renumbered as 18VAC80-30-40, Virginia Register Volume 28, Issue 23, eff. August 15, 2012.

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 the appropriate contract charges. Examination service contracts shall 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 not exceed a 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 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

Statutory Authority

§ 54.1-201 of the Code of Virginia.

Historical Notes

Former 18VAC100-20-54 derived from Virginia Register Volume 17, Issue 9, eff. March 1, 2001; amended, Virginia Register Volume 21, Issue 20, eff. August 1, 2005; Errata 21:23 VA.R. 3311 July 25, 2005; amended and renumbered as 18VAC80-30-50, Virginia Register Volume 28, Issue 23, eff. August 15, 2012.

18VAC80-30-60. Examinations.

A. All examinations required for licensure shall 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 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 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 be grounds for denial of application.

Statutory Authority

§ 54.1-201 of the Code of Virginia.

Historical Notes

Former 18VAC100-20-55 derived from Virginia Register Volume 17, Issue 9, eff. March 1, 2001; amended and renumbered as 18VAC80-30-60, Virginia Register Volume 28, Issue 23, eff. August 15, 2012.

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

A. Applicants for licensure shall pass a written examination and a practical examination approved by the board.

B. The optician examination given by the board may 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.

Statutory Authority

§ 54.1-201 of the Code of Virginia.

Historical Notes

Former 18VAC100-20-56 derived from Virginia Register Volume 17, Issue 9, eff. March 1, 2001; amended and renumbered as 18VAC80-30-70, Virginia Register Volume 28, Issue 23, eff. August 15, 2012.

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

The board shall administer a contact lens examination to fit contact lenses. The "Contact Lens" endorsement shall 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 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.

Statutory Authority

§ 54.1-201 of the Code of Virginia.

Historical Notes

Former 18VAC100-20-60 derived from VR505-01-1:1 § 1.6, eff. November 1, 1991; amended, Virginia Register Volume 15, Issue 26, eff. November 1, 1999; Volume 17, Issue 9, eff. March 1, 2001; amended and renumbered as 18VAC80-30-80, Virginia Register Volume 28, Issue 23, eff. August 15, 2012.

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

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

1. Rigid lens verification;

2. Lens identification;

3. Keratomy;

4. Slit lamp;

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

6. Insertion/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. 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.

Statutory Authority

§ 54.1-201 of the Code of Virginia.

Historical Notes

Former 18VAC100-20-65 derived from Virginia Register Volume 17, Issue 9, eff. March 1, 2001; amended and renumbered as 18VAC80-30-90, Virginia Register Volume 28, Issue 23, eff. August 15, 2012.

Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation.

As a service to the public, the Virginia Administrative Code is provided online by the Virginia General Assembly. We are unable to answer legal questions or respond to requests for legal advice, including application of law to specific fact. To understand and protect your legal rights, you should consult an attorney.