Administrative Code

Virginia Administrative Code
5/12/2021

Part IV. Reinstatement

18VAC80-30-110. Reinstatement required.

A. If a licensee fails to renew his 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 for reinstatement shall continue to meet the standards of entry as set out in subdivisions 1 through 8 of 18VAC80-30-20.

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

B. Twenty-four months after expiration of the license, the individual may be reinstated if he 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 which measures current competence. Credit will not be allowed for any review course which has not been approved by the board prior to administration of the course.

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

D. The board, in its discretion and for just cause, may deny reinstatement of a license. Upon 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 his license shall be regarded as having been continually licensed without interruption. Therefore, the licensee shall remain under the disciplinary authority of the board during the entire period and may be held accountable for his activities during this period. Nothing in these regulations shall divest 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.

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

A. Power Tolerance (diopters).

Sphere: Plano to ±.6.50

±.13 diopter

Above ±.6.50

±2%

Cylinder: Plano - 2.00

±.13 diopter

-2.12 to -4.50

±.15 diopter

above -4.50

±4%

B. Cylinder Axis.

Cyl. Power Diopters

Degrees ±

0.12 - 0.37

0.50 - 0.75

0.87 - 1.50

1.62 and above

C. Distance Optical Center. Contribution to net horizontal prism from processing should not exceed 2/3 prism diopter. A maximum of ±2.5mm variation from the specified distance optical center is permissible in higher power lens combinations.

D. Prism Tolerances (Vertical). Contribution to imbalance from processing should not exceed 1/3 prism diopters. A maximum of 1.0mm difference in vertical level is permissible in higher power lens combinations.

E. Segment Location.

Vertical

±.1.0 mm

Horizontal

±.2.5 mm

Tilt or twist in the case of a flat-top segment, the tilt of its horizontal axis should be less than 1/2 mm in differential elevation between the segment edges.

F. Multifocal Additions.

Plano + 8.00

±.13 diopter

Above + 8.00

±.18 diopter

G. Base Curve. When specified, the base curve should be supplied within ±0.75 diopter.

H. Warpage. The cylindrical surface power induced in the base curve of a lens should not exceed 1 diopter. This recommendation need not apply within 6mm of the mounting eyewire.

I. Localized errors (aberration). Areas outside a 20mm radius from the specified major reference point or optical center need not be tested for aberration. Progressive lenses are exempt from this requirement.

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.

18VAC80-30-130. Contact lens standards.

To fit contact lenses, the following shall 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 licensed optician. Verbal approval from the optometrist or ophthalmologist or its agents or employees is acceptable. The licensed 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

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.

18VAC80-30-140. Display of license.

Every person to whom a current license has been granted under this chapter shall visibly display his unaltered license in a conspicuous place in plain view of the public in the principal office in which he works. A duplicate license which has been notarized shall 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.

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

Notice in writing shall be given to the board in the event of any change of name or address. Such notice shall be mailed to the board within 30 days of the change of name or address. The board shall 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.

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. Using nonprescribed controlled substances as defined in § 54.1-3401 of the Code of Virginia or alcohol at the work place during working hours;

2. Displaying professional incompetence or negligence, including but not limited to failure to comply with this part in the performance of opticianry;

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

4. Violating or inducing others to violate any provisions of Chapter 1, 2, 3, or 15 of Title 54.1 of the Code of Virginia, or of any other statute applicable to the practice of the profession herein regulated, or of any provisions of this chapter;

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

6. Having been convicted in any jurisdiction of a misdemeanor or felony involving sexual offense, drug distribution or physical injury, or of 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 section. 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;

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

8. 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 shall be 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.

18VAC80-30-170. Accountability of licensee.

A licensee shall be responsible for his acts or omissions and for the acts of his agents or employees or his 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.

18VAC80-30-180. Approval of review courses.

A. Review courses set out in this chapter shall be approved by the board, except those provided by institutions, schools and universities approved by the State Council of Higher Education for Virginia, for which continuing education units are awarded. Training courses requiring board approval shall be approved by the board prior to commencing in accordance with subsection B of this section.

B. Training activities for which experience credit may be granted must be conducted in general conformance with the International Association for Continuing Education and Training's "Criteria and Guidelines for Quality Continuing Education and Training Programs: the CEU and Other Measurement Units," 1998. The board reserves the right to waive any of the requirements of the association's guidelines on a case-by-case basis. Only classroom, laboratory and field trip contact time will be used to compute training credits. No credit will be given for breaks, meals, or receptions.

1. Organization. The board will only approve training offered by a sponsor who is an identifiable organization with a mission statement outlining its functions, structure, process and philosophy, and that has a staff of one or more persons with the authority to administer training.

2. Training records. The board will only approve training offered by a sponsor who maintains training records for all participants for a minimum of five years, and who has a written policy on retention and release of training records.

3. Instructors. The board will only approve training conducted by personnel who have demonstrated competence in the subject being taught, an understanding of the learning objective, a knowledge of the learning process to be used, and a proven ability to communicate.

4. Objectives. The board will only approve courses that have a series of stated objectives that are consistent with the job requirements of an optician. The training content must be consistent with those objectives.

5. Course completion requirements. For successful completion of a training program, participants must attend 90% or more of the class contact time and must demonstrate their learning through written examinations, completion of a project, self-assessment, oral examination, or other assessment technique.

C. The board shall 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, phone number of contact person;

e. Schedule presentation dates;

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

g. List of planned breaks;

h. Scheduled presentation location(s); and

i. Relevancy of course to opticianry licensing.

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 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.

D. 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 so requested by the sponsor.

1. The board shall consider all of the information listed above except those items related to specific offerings of the course.

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

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 subsequent to the changes.

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.

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