Virginia Law

Part IV. Reinstatement

18VAC80-30-110. Reinstatement required.

A. If a licensee fails to renew a license within 60 days after the expiration date on the license, the licensee must apply for reinstatement on a form provided by the board.

1. Individuals applying for reinstatement must continue to meet the standards of entry as set out in subdivisions 3 and 4 of 18VAC80-30-20.

2. Individuals applying for reinstatement must submit the required fee as set out in 18VAC80-30-50.

B. Twenty-four months after the expiration of the license, the individual may be reinstated if the individual can show proof of continuous, active, ethical, and legal practice outside of Virginia. If not, the individual must show proof of completion of a board-approved review course that measures current competence. Credit will not be allowed for any reinstatement course that has not been approved by the board prior to administration of the course.

C. Sixty months after the expiration of the license, the individual who cannot show proof of continuous, active, ethical, and legal practice outside of Virginia will be required to apply as a new applicant for licensure. The individual will be required to meet all current education requirements and retake the board's written and practical examinations.

D. The board, in its discretion and for just cause, may deny reinstatement of a license. Before such denial, the applicant for reinstatement may request that a proceeding be held in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

E. A licensee who reinstates a license will be regarded as having been continually licensed without interruption. Therefore, the licensee will remain under the disciplinary authority of the board during the entire period and may be held accountable for the licensee's activities during this period. Nothing in this chapter divests the board of its authority to discipline a licensee for a violation of the law or regulations during the period of licensure as set out in this provision.

Statutory Authority

§ 54.1-201 of the Code of Virginia.

Historical Notes

Former 18VAC100-20-81 derived from Virginia Register Volume 17, Issue 9, eff. March 1, 2001; amended, Virginia Register Volume 21, Issue 20, eff. August 1, 2005; amended and renumbered as 18VAC80-30-110, Virginia Register Volume 28, Issue 23, eff. August 15, 2012; amended, Virginia Register Volume 42, Issue 8, eff. January 1, 2026.

18VAC80-30-120. Lenses and frames standards.

A. Power Tolerance for single vision and multifocal lenses (diopters).

B. Power tolerance for progressive addition lenses (diopters).

C. Cylinder axis.

D. Prism reference point location and power tolerances. The prismatic power measured at the prism reference point should not exceed 1/3 prism diopters or the prism reference point shall not be more than 1.0 mm away from its specified position in any direction.

E. Prismatic imbalance tolerance in mounted single vision and multifocal eyewear.

F. Prismatic imbalance tolerance in mounted progressive addition lens eyewear.

G. Segment and fitting cross vertical location and segment tilt.

H. Multifocal and Progressive Addition Lens Addition Power Tolerances.

I. Base curve tolerance. When specified, the base curve should be supplied within ±0.75 diopter.

J. Center thickness tolerance. When specified, the center thickness should be within ±0.3 mm measured at the prism reference point of the convex surface.

K. Localized errors (aberration). Areas outside a 30mm diameter from the distance reference point or within 6mm from the edge need not be tested for local power errors or aberrations. Progressive addition lenses are exempt from this requirement.

L. Prescription dress eyewear impact resistance. All lenses must conform to the impact resistance requirements of 21 CFR 801.410.

M. Axis of polarization. The actual plan of transmittance shall be at 90 ± 3.0 degrees from the intended direction of horizontal orientation of polarization marking.

Statutory Authority

§ 54.1-201 of the Code of Virginia.

Historical Notes

Former 18VAC100-20-85 derived from Virginia Register Volume 17, Issue 9, eff. March 1, 2001; amended and renumbered as 18VAC80-30-120, Virginia Register Volume 28, Issue 23, eff. August 15, 2012; amended, Virginia Register Volume 42, Issue 8, eff. January 1, 2026.

18VAC80-30-130. Contact lens standards.

To fit contact lenses, the following must be done:

1. The prescription (RX) must show evidence that contact lenses may be worn by the patient before the prescription can be filled by the contact lens endorsed optician. Verbal approval from the optometrist or ophthalmologist or agents or employees of the optometrist or ophthalmologist is acceptable. The contact lens endorsed optician must make a notation in the patient's record of the name of the authorizing optometrist or ophthalmologist and the date of the authorization.

2. The optician must use all the following to fit contact lenses:

a. Slit Lamp;

b. Keratometer and topographer; and

c. Standardized Snellen type acuity chart.

Statutory Authority

§ 54.1-201 of the Code of Virginia.

Historical Notes

Former 18VAC100-20-87 derived from Virginia Register Volume 17, Issue 9, eff. March 1, 2001; amended and renumbered as 18VAC80-30-130, Virginia Register Volume 28, Issue 23, eff. August 15, 2012; amended, Virginia Register Volume 42, Issue 8, eff. January 1, 2026.

18VAC80-30-140. Display of license.

Every person to whom a current license has been granted under this chapter must visibly display the unaltered license in a conspicuous place in plain view of the public in the principal office in which the person works. A clear and legible copy of the license must be posted in any branch offices.

Statutory Authority

§ 54.1-201 of the Code of Virginia.

Historical Notes

Former 18VAC100-20-90 derived from VR505-01-1:1 § 3.1, eff. November 1, 1991; amended, Virginia Register Volume 17, Issue 9, eff. March 1, 2001; amended and renumbered as 18VAC80-30-140, Virginia Register Volume 28, Issue 23, eff. August 15, 2012; amended, Virginia Register Volume 42, Issue 8, eff. January 1, 2026.

18VAC80-30-150. Notification of change of address or name.

Notice in writing must be given to the board in the event of any change of name, mailing address, or email address. Such notice must be submitted to the board within 60 days of the change of name or address. The board will not be responsible for the licensee's failure to receive notices, communications, and correspondence caused by the licensee's failure to promptly notify the board in writing of any change of name or address.

Statutory Authority

§ 54.1-201 of the Code of Virginia.

Historical Notes

Former 18VAC100-20-100 derived from VR505-01-1:1 § 3.2, eff. November 1, 1991; amended, Virginia Register Volume 17, Issue 9, eff. March 1, 2001; amended and renumbered as 18VAC80-30-150, Virginia Register Volume 28, Issue 23, eff. August 15, 2012; amended, Virginia Register Volume 42, Issue 8, eff. January 1, 2026.

18VAC80-30-160. Grounds for disciplinary action.

A. The board is empowered to revoke, suspend, or refuse to grant or renew a license and is empowered to impose a fine up to the statutory limit, as authorized under § 54.1-202 of the Code of Virginia, per violation on a licensee for any of the following reasons:

1. Displaying professional incompetence or negligence, including failure to comply with this chapter in the performance of opticianry;

2. Presenting false or fraudulent information on an application certifying possession of the qualifications required under 18VAC80-30-20;

3. Violating or inducing others to violate any provisions of Chapter 1 (§ 54.1-100 et seq.), 2 (§ 54.1-200 et seq.), 3 (§ 54.1-300 et seq.), or 15 (§ 54.1-1500 et seq.) of Title 54.1 of the Code of Virginia, any other statute applicable to the practice of the profession regulated by this chapter, or any provisions of this chapter;

4. Publishing or causing to be published any advertisement related to opticianry that is false, deceptive, or misleading;

5. Having been convicted in any jurisdiction of a misdemeanor involving sexual offense or physical injury in the last three years or a felony involving sexual offense, physical injury, drug distribution, or crimes involving the profession of opticianry. 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;

6. Having been disciplined by another jurisdiction in the practice of opticianry. Documentary evidence of such discipline must be submitted by the licensee to the board within 10 days after all appeal rights have expired; or

7. Allowing any person to engage in the practice of opticianry, except an optician apprentice or student enrolled in a course in a school of opticianry under the direct supervision of a licensed optician.

B. A finding of improper or dishonest conduct in the practice of the profession by a court of competent jurisdiction is cause for disciplinary action.

Statutory Authority

§ 54.1-201 of the Code of Virginia.

Historical Notes

Former 18VAC100-20-110 derived from VR505-01-1:1 § 3.3, eff. November 1, 1991; amended, Virginia Register Volume 17, Issue 9, eff. March 1, 2001; amended and renumbered as 18VAC80-30-160, Virginia Register Volume 28, Issue 23, eff. August 15, 2012; amended, Virginia Register Volume 38, Issue 4, eff. December 1, 2021; Volume 42, Issue 8, eff. January 1, 2026.

18VAC80-30-170. Accountability of licensee.

A licensee is responsible for the licensee's acts or omissions and for the acts of the licensee's agents or employees or the licensee's staff in the performance of opticianry services.

Statutory Authority

§ 54.1-201 of the Code of Virginia.

Historical Notes

Former 18VAC100-20-120 derived from Virginia Register Volume 17, Issue 9, eff. March 1, 2001; amended and renumbered as 18VAC80-30-170, Virginia Register Volume 28, Issue 23, eff. August 15, 2012; amended, Virginia Register Volume 42, Issue 8, eff. January 1, 2026.

18VAC80-30-180.  Board-approved reinstatement courses.

A. Reinstatement courses set out in this chapter must be approved by the board, except those provided by institutions, schools, and universities approved by the State Council of Higher Education for Virginia. Reinstatement courses requiring board approval must be approved by the board in accordance with the provisions of this section prior to commencing.

B. The board will consider the following information, to be submitted by the instructor, institution, school, or university on forms provided by the board at least 45 days prior to the scheduled training activity:

1. Course information.

a. Course title;

b. Planned audience;

c. Name of sponsor;

d. Name, address, and telephone number of contact person;

e. Schedule presentation dates;

f. Detailed, hour-by-hour course schedule;

g. List of planned breaks;

h. Scheduled presentation location; and

i. Relevance of course to opticianry licensing topics listed in 18VAC80-30-70.

2. Instructor qualifications.

a. Name of instructor;

b. Title of instructor; and

c. Summary of qualifications to teach this course.

3. Training materials.

a. Course objectives -- A listing of the course objectives stated in terms of the skills, knowledge, or attitude the participant will be able to demonstrate as a result of the training;

b. Course outline -- A detailed outline showing the planned activities that will occur during the training program, including major topics, planned presentation sequence, laboratory and field activities, audio-visual presentations, and other major activities;

c. Course reference materials -- A list of the name, publisher, and publication date for commercially available publications; for reference materials developed by the course sponsor or available exclusively through the course, a copy of the reference materials;

d. Audio-visual support materials -- A listing of any commercially available audio-visual support material that will be used in the program; a brief description of any sponsor-generated or instructor-generated audio-visual material that will be used; and

e. Handouts -- Identification of all commercially available handout material that will be used; copies of all other planned handouts.

4. Determination of successful completion. A description of the means that will be used to determine the successful completion of the training program by individual attendees, such as examinations, projects, personal evaluations by the instructor, or other recognized evaluation techniques.

C. Recurring training programs. If there are plans to present the same course of instruction routinely at multiple locations with only minor modifications and changes, the board may approve the overall program rather than individual presentations if requested by the sponsor.

1. The board will consider all of the information listed in subsection B of this section, except those items related to specific offerings of the course.

2. Board approval may be granted for a specific period of time.

3. Board approval will apply only to those specific offerings certified by the sponsoring organization as having been conducted by instructors meeting the established criteria and in accordance with the board-approved courses, outlines, and objectives.

4. To maintain approval of the program, changes made to the program since initial approval must be submitted to the board for review and approval. Changes must be approved by the board prior to any training.

Statutory Authority

§ 54.1-201 of the Code of Virginia.

Historical Notes

Former 18VAC100-20-130 derived from Virginia Register Volume 17, Issue 9, eff. March 1, 2001; amended and renumbered as 18VAC80-30-180, Virginia Register Volume 28, Issue 23, eff. August 15, 2012; amended, Virginia Register Volume 42, Issue 8, eff. January 1, 2026.

18VAC80-30-190. Criteria for related technical instruction.

A. Related technical instruction courses for optician apprenticeships set out in this chapter must be approved by the board. Training institutions must meet the following criteria for related technical instruction.

1. Course Information. The curriculum must, at a minimum, teach to the American Board of Opticianry – National Contact Lens Examiners (ABO - NCLE) National Opticianry Competency Examination (NOCE) Content Outline and Test Specifications (https://www.abo-ncle.org/ABONCLE/ABONCLE/Exams/Basic-Exams.aspx).

2. Training Material.

a. Course objectives: a listing of the course objectives stated in terms of the skills, knowledge, or aptitude the participant will be able to demonstrate as a result of the instruction;

b. Course description: a detailed description showing the major topics, planned presentation sequence, activities, audio-visual presentations, and other major activities;

c. Required course materials: a list of the name, publisher, and publication date for commercially available publications or, for reference materials developed by the program or available exclusively through the course, a copy of the reference material to be used by the participant; and

d. Modality of instruction.

3. Evidence satisfactory to the board that the related technical instruction meets the minimum of 144 hours for each year of the two-year apprenticeship.

4. List of references used in course content development.

5. List of individuals, including qualifications, used in course content development.

6. List of review criteria used to ensure course content is current with ABO-NCLE NOCE Content Outline and Test Specifications.

7. A description of the means that will be used to determine the successful completion of the related technical instruction program by individuals, such as examinations, projects, personal evaluations, or other recognized evaluation techniques.

B. To maintain approval of the program, the curriculum must be submitted to the board for review and approval:

1. Every five years; or

2. Thirty days prior to any substantive changes to the requirements found in subsection A of this section.

Statutory Authority

§ 54.1-201 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 42, Issue 8, eff. January 1, 2026.