HAR Chapter 91 – Opticians

"HAWAII ADMINISTRATIVE RULES
TITLE 16
DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
CHAPTER 91
OPTICIANS
Subchapter 1 	General Provisions
§16-91-1 	Objective
§16-91-2 	Definitions
§16-91-3 	Notification and filing of names, addresses, and changes
§16-91-4 	Display of certificate of licensure and certificate of dispensing
optician; license identification card
§16-91-5 	Renewal of certificates and license identification cards
§16-91-6 	Dispensing contact lenses; notice
Subchapter 2 	Applications
§16-91-10 	Forms and instructions
§16-91-11 	Application for examination and certificate of licensure
§16-91-12 	Application for reexamination
§16-91-13 	Application for certificate of dispensing optician
§16-91-14 	Issuance of certificate of licensure, license identification card, and
certificate of dispensing optician
§16-91-15 	Denial 	of 	certificate 	of 	licensure 	or 	certificate 	of 	dispensing
optician
§16-91-16 	Demand for hearing
§16-91-17 	Proceedings upon demand for hearing
§16-91-18 	Repealed
§16-91-19 	Practical and written laws and rules examinations
§16-91-20 	Repealed
Subchapter 3 	Advertisement
§16-91-24 	Repealed
§16-91-25 	Repealed
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§16-91-26 	Repealed
§16-91-27 	Repealed
§16-91-28 	Repealed
§16-91-29 	Repealed
§16-91-30 	Repealed
§16-91-31 	Repealed
§16-91-32 	Advertising practices
Subchapter 4
§16-91-35 	Repealed
Subchapter 5 	Practice and Procedure
§16-91-39 	Administrative practice and procedure
Subchapter 6 	Oral Testimony
§16-91-43 	Oral testimony
SUBCHAPTER 1
GENERAL PROVISIONS
§16-91-1 	Objective. 	This chapter is intended to clarify and implement
chapter 458, Hawaii Revised Statutes, to the end that the provisions thereunder
may be best effectuated and the public interest most effectively served. 	[Eff
7/2/64; am and ren §16-91-1, 7/2/81; am and comp 4/29/85; comp 5/28/87; comp
7/24/89; comp 5/23/92] (Auth: 	HRS §458-3) (Imp: 	HRS §458-3)
§16-91-2 	Definitions. 	As used in this chapter:
"Advertising" means any printed or visual communication which includes
but is not limited to advertisements contained in newspapers, telephone directories,
pamphlets, direct public mailings of books or periodicals, television, and radio
communications.
"Board" means the board of dispensing opticians.
"Certificate holder" means the holder of a certificate of dispensing optician.
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"Certificate of dispensing optician" means a document issued by the board
which authorizes a firm, including a sole proprietorship, to engage in the business
of a dispensing optician.
"Certificate of licensure" means a certificate issued by the department of
commerce and consumer affairs to an individual licensed as a dispensing optician
by the board.
"Direct personal supervision" means a licensee shall be available for
consultation and referral to the individual who is receiving the supervision.
"Full-time" means principal occupation consisting of at least thirty hours
a week.
"License identification card" means a pocket identification card issued by
the department of commerce and consumer affairs to an individual licensed as a
dispensing optician by the board.
"Licensee" means the holder of a license identification card and certificate
of licensure.
"Personal supervision of an ophthalmologist or optometrist" means the
dispensing optician shall fit or duplicate contact lenses or artificial eyes upon the
written order of the prescribing ophthalmologist or optometrist and, refer the
intended wearer back to the prescribing ophthalmologist or optometrist to ensure
that the client has received contact lenses of the proper fit and prescription. [Eff
7/2/64; am and ren §16-91-2, 7/2/81; am and comp 4/29/85; am and comp
5/28/87; am and comp 7/24/89; comp 5/23/92] (Auth: HRS §458-3) (Imp: HRS
§§458-7, 458-13)
§16-91-3 	Notification and filing of names, addresses, and changes. 	(a)
Every certificate holder and licensee shall file and maintain a current mailing
address with the board and shall immediately notify the board, in writing, within
thirty days of any and all changes thereto.
(b) 	Every certificate holder shall file the name and certificate number
of the licensee in charge of and responsible for the acts of all employees at each
place of business and shall notify the board in writing of any and all changes,
within thirty days of such change. Every certificate holder which is a partnership,
corporation, or association, shall also file with the board the names and addresses
of its partners, officers, and directors, as the case may be, and shall notify the
board in writing of any and all changes within thirty days of such change.
(c) 	Every certificate holder shall file the names and experience of each
person employed by a certificate holder, who, in the course of employment, takes
facial measurements, fits or adjusts lenses or frames, or duplicates lenses, and
shall notify the board in writing of any and all changes within thirty days of such
change. [Eff 7/2/64; am and ren §16-91-3, 7/2/81; am and comp 4/29/85; am and
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comp 5/28/87; am and comp 7/24/89; comp 5/23/92] (Auth: HRS §458-3) (Imp:
HRS §§458-6.5, 458-6.8, 458-7)
§16-91-4 	Display of certificate of licensure and certificate of dispensing
optician; license identification card. 	(a) The certificate of licensure shall at all
times be conspicuously displayed in the licensee’s place of business and a current
license identification card shall be in the licensee’s possession.
(b) 	The 	certificate 	of 	dispensing 	optician 	shall 	at 	all 	times 	be
conspicuously displayed in the place of business for which the certificate was
issued. 	[Eff 7/2/64; am and ren §16-91-4, 7/2/81; am and comp 4/29/85; comp
5/28/87; am and comp 7/24/89; comp 5/23/92] (Auth: HRS §458-3) (Imp: HRS
§§458-6.5, 458-6.8)
§16-91-5 Renewal of certificates and license identification cards. Biennial
renewal fees paid by mail shall be considered as paid when due if the envelope
bears a postmark of June 30 or earlier. [Eff 7/2/64; am and ren §16-91-5, 7/2/81;
am and comp 4/29/85; comp 5/28/87; am and comp 7/24/89; comp 5/23/92]
(Auth: 	HRS §458-3) (Imp: 	HRS §458-8)
§16-91-6 Dispensing contact lenses; notice. (a) Upon dispensing contact
lenses, the dispensing optician shall give the client a written notice on a board
approved 	form 	which 	instructs 	the 	client 	to 	return 	to 	the 	prescribing
ophthalmologist or optometrist to ensure that the client has received contact lenses
of the proper fit and prescription.
(b) 	The 	written 	notice 	shall 	instruct 	the 	client 	to 	return 	to 	the
prescribing 	ophthalmologist 	or 	optometrist 	for 	an 	examination 	as 	to 	the
prescription and fit of the contact lenses and receipt of such written notice shall
be 	acknowledged 	in 	writing 	by 	the 	client; 	provided 	that 	such 	written
acknowledgment shall not be required when the contact lenses are delivered to the
prescribing ophthalmologist or optometrist pursuant to subsection (c)(1). 	The
notice shall be written clearly and coherently using words with common or
ordinary meanings, shall be printed using eight-point or larger type with at least
one point of leading between lines, and shall use paper and ink of sufficient
quality and contrast to be easily legible.
(c) 	Nothing in this chapter shall be construed to prohibit a dispensing
optician from filling a prescription for contact lenses issued by an ophthalmologist
or optometrist licensed in another state, territory, country, or the District of
Columbia provided that:
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(1) 	The dispensing optician either adapts, fits, or adjusts the contact
lenses for the intended wearer while the wearer is physically
present or delivers the lenses to the prescribing ophthalmologist or
optometrist for such adapting, fitting, or adjustment;
(2) 	The dispensing optician complies with the requirements set forth
in subsections (a) and (b);
(3) 	Where the intended wearer is physically present, the dispensing
optician 	shall 	offer 	to 	refer 	the 	intended 	wearer 	to 	an
ophthalmologist or optometrist located on that island; and
(4) 	No action is taken by the dispensing optician as a means of
evading the licensing requirements of any profession. [Eff 7/2/64;
am and ren §16-91-6, 7/2/81; am and comp 4/29/85; am and comp
5/28/87; am and comp 7/24/89; comp 5/23/92] (Auth: HRS §458-3)
(Imp: 	HRS §458-12.5)
SUBCHAPTER 2
APPLICATIONS
§16-91-10 	Forms and instructions. 	An application filed with the board
shall be prepared in accord with and contain the information called for in the
application form provided by the board or any instructions which may be required
by the board with respect to the filing. The following forms are currently in use
by the board:
(1) 	Application for examination and certificate of licensure;
(2) 	Application for reexamination;
(3) 	Application for reinstatement of certificate of licensure; and
(4) 	Application for a certificate of dispensing optician. [Eff 7/2/64; am
and ren §16-91-10, 7/2/81; am and comp 4/29/85; am and comp
5/28/87; am and comp 7/24/89; comp 5/23/92] (Auth: HRS §458-3)
(Imp: 	HRS §§458-6.5, 458-6.8)
§16-91-11 Application for examination and certificate of licensure. (a) An
application for examination shall be filed at least forty-five days before the
examination which is scheduled by the board at least two times each year. 	The
applicant shall submit to the board the application for examination and certificate
of licensure in a form approved by the board, which shall include the applicant’s
experience and signature, and shall be accompanied by the required application
and examination fees.
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(b) 	The executive secretary of the board shall determine the sufficiency
of the 	application for 	examination and certificate 	of licensure 	and of the
preliminary qualification of the applicant for admission to the examination.
(c) 	In order to apply for a certificate of licensure, an individual must
have completed one of the following:
(1) 	The equivalent of a high school education and three years of
full-time practical and mechanical optical work experience as a
opticianry apprentice;
(2) 	Graduation 	from 	an 	opticianry 	course 	accredited 	by 	the
Commission on Opticianry Accreditation; or
(3) 	Previous licensure in another jurisdiction which required successful
completion of the required national examinations described in
subsection (e).
(d) 	To prove an applicant’s work experience as required by subsection
(c)(1), an applicant shall submit with the application for examination and
certificate of licensure, notarized statements signed by a dispensing optician,
ophthalmologist, or optometrist attesting that the applicant has had at least three
years of full-time practical and mechanical optical work experience as an
opticianry apprentice, including experience with eyeglasses and contact lenses or
its equivalent under the direct personal supervision of a dispensing optician,
ophthalmologist, or optometrist.
(e) 	Before being issued a certificate of licensure, an individual must
pass the National Opticianry Competency Examination (NOCE), the National
Contact Lens Registry Examination (NCLRE), and a practical examination. 	An
individual who passes all three of these examinations shall be licensed as a
dispensing optician. If the applicant fails to pass any one of the examinations, the
individual shall not be licensed as a dispensing optician. Any applicant who has
previously passed both the NOCE in another jurisdiction and the NCLRE shall not
be required to retake these examinations and shall be issued a license upon
successful completion of the practical examination.
(f) 	To qualify for admission to the practical examination covered in
section 16-91-18, an applicant shall have successfully passed both the NOCE and
the NCLRE.
(g) 	To prove that an applicant has previously passed both the NOCE
and NCLRE, an applicant shall submit with the application for examination and
certificate of licensure, verification of having successfully passed the NOCE and
NCLRE. 	The passing score for the NOCE and NCLRE shall be that established
by the NOCE and NCLRE. 	[Eff 7/2/64; am and ren §16-91-11, 7/2/81; am and
comp 4/29/85; comp 5/28/87; am and comp 7/24/89; am and comp 5/23/92]
(Auth: 	HRS §458-3) (Imp: 	HRS §458-6.5)
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§16-91-12 	Application 	for 	reexamination. 	An 	application 	for
reexamination shall be filed at least forty-five days before the examination and
shall be accompanied by the required fee. 	[Eff 7/2/64; am and ren §16-91-12,
7/2/81; am and comp 4/29/85; comp 5/28/87; comp 7/24/89; comp 5/23/92] (Auth:
HRS §458-3) (Imp: 	HRS §§458-3, 458-6.5)
§16-91-13 	Application for certificate of dispensing optician. 	(a) Before
engaging in the business of dispensing optician, a firm shall first be issued a
certificate of dispensing optician.
(b) 	An application for certificate of dispensing optician shall be on a
form prescribed by the board and shall contain:
(1) 	The name of the licensee who will be employed at the applicable
business address; and
(2) 	The name and experience of each person who will take facial
measurements, fit or adjust lenses or frames, or duplicate lenses.
(c) 	The application shall bear the signature of the proprietor if the
applicant is a sole proprietorship, partner if the applicant is a partnership, or a
president or secretary if the applicant is a corporation, and shall contain the name
under which the applicant proposes to do business and the business address.
Separate applications shall be made for each place of business, and each
application shall be accompanied by the application and registration fees. 	[Eff
7/2/64; am and ren §16-91-13, 7/2/81; am and comp 4/29/85; am and comp
5/28/87; am and comp 7/24/89; comp 5/23/92] (Auth: HRS §458-3) (Imp: HRS
§458-6.8)
§16-91-14 Issuance of certificate of licensure, license identification card,
and certificate of dispensing optician. 	(a) A certificate of licensure and license
identification card shall be issued upon satisfaction of the requirements of sections
16-91-3 and 16-91-11.
(b) 	A certificate of dispensing optician shall be issued upon satisfaction
of the requirements of sections 16-91-3 and 16-91-13. 	Upon approval of the
application for certificate of dispensing optician and payment of a certificate fee,
the board shall issue the certificate of dispensing optician within sixty days. 	A
separate certificate of dispensing optician shall be required for each address where
the business of dispensing optician is being conducted.
(c) 	No certificate of dispensing optician shall be issued unless a
licensee is to be employed at the place of business and the licensee is in charge
of and responsible for the acts of all employees at the place of business. 	No
certificate holder shall cause any person to take facial measurements, fit or adjust
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lenses, or duplicate frames unless such persons are acting under the direct personal
supervision of a licensee.
(d) 	The certificate of dispensing optician shall not be transferable.
(e) 	The executive secretary of the board may approve the issuance of
certificates of licensure and of dispensing optician subject to the ratification of the
board.
(f) 	The certificate of licensure shall be in full force and effect only as
long as it is supported by a current license identification card. 	[Eff 7/2/64; am
and ren §16-91-14, 7/2/81; am and comp 4/29/85; am and comp 5/28/87; am and
comp 7/24/89; comp 5/23/92] (Auth: HRS §458-3) (Imp: HRS §§458-1, 458-6.5,
458-6.8)
§16-91-15 	Denial of certificate of licensure or certificate of dispensing
optician. In the event an application for the issuance of a certificate of licensure
or certificate of dispensing optician or for the reinstatement thereof is denied, the
board shall notify the applicant by certified letter of the board’s action which shall
include a concise statement of the reasons therefor and a statement informing the
applicant of the applicant’s right to a hearing. [Eff 7/2/64; am and ren §16-91-15,
7/2/81; am and comp 4/29/85; comp 5/28/87; am and comp 7/24/89; comp
5/23/92] (Auth: 	HRS §458-3) (Imp: 	HRS §§458-6.5, 458-6.8, 458-11)
§16-91-16 	Demand for hearing. 	Any person whose application for a
certificate of licensure or certificate of dispensing optician or whose application
for the reinstatement of a certificate of licensure or certificate of dispensing
optician has been denied by the board shall be entitled to a hearing after notice,
provided that a demand for a hearing is filed with the board within sixty days of
receipt of the letter informing the applicant of the denial of the application. [Eff
7/2/64; am and ren §16-91-16, 7/2/81; am and comp 4/29/85; comp 5/28/87; am
and comp 7/24/89; comp 5/23/92] (Auth: 	HRS §458-3) (Imp: 	HRS §458-10)
§16-91-17 Proceedings upon demand for hearing. If a demand for hearing
is filed within the time prescribed, the board shall order a hearing upon notice,
which shall be conducted pursuant to chapter 91, HRS, and chapter 16-201
relating to contested cases. 	[Eff 7/2/64; am and ren §16-91-17, 7/2/81; am and
comp 4/29/85; am and comp 5/28/87; comp 7/24/89; comp 5/23/92] (Auth: HRS
§458-3) (Imp: 	HRS §458-10)
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§16-91-18 	Repealed. 	[R 7/24/89]
§16-91-19 	Practical and written laws and rules examinations. 	(a) An
applicant shall attain a passing score in each of the following parts of the
examination:
(1) 	Laws and rules affecting dispensing opticians in Hawaii;
(2) 	A practical examination in contact lenses; and
(3) 	A practical examination in eye glasses.
(b) 	A grade of seventy-five points (75.00) or greater shall be a passing
score for each part of the examination.
(c) 	An applicant may be reexamined any number of times and need
only file a reexamination application accompanied by the required fee.
(d) 	An applicant who obtains a grade of seventy-five points (75.00) or
greater in two of the three parts of the complete examination shall be required to
take only that part in which the applicant failed to obtain a grade of seventy-five
points (75.00) or greater.
(e) 	An 	applicant 	who 	is 	required 	to 	take 	only 	one 	part 	of 	the
examination shall take the reexamination at the next scheduled examination but
may postpone the reexamination no more than once for reasons of:
(1) 	Health, as certified by a medical doctor;
(2) 	Military service on extended active duty in the armed forces of the
United States; or
(3) 	Other good and valid causes, as determined and approved by the
board.
(f) 	An applicant who fails to obtain a passing score of seventy-five
points (75.00) or greater in the part or parts being retaken shall be required to take
all three parts of the examination and the foregoing subsections shall apply. [Eff
7/2/64; am and ren §16-91-19, 7/2/81; am and comp 4/29/85; am and comp
5/28/87; am and comp 7/24/89; comp 5/23/92] (Auth: HRS §458-3) (Imp: HRS
§§458-3, 458-6.5)
§16-91-20 	Repealed. 	[R 4/29/85]
SUBCHAPTER 3
ADVERTISEMENT
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§16-91-24 	Repealed. 	[4/29/85]
§16-91-25 	Repealed. 	[4/29/85]
§16-91-26 	Repealed. 	[R 4/29/85]
§16-91-27 	Repealed. 	[R 4/29/85]
§16-91-28 	Repealed. 	[R 4/29/85]
§16-91-29 	Repealed. 	[R 4/29/85]
§16-91-30 	Repealed. 	[R 4/29/85]
§16-91-31 	Repealed. 	[R 4/29/85]
§16-91-32 Advertising practices. The following advertising practices are
unlawful:
(1) 	To allow an unregistered person to advertise;
(2) 	To allow an unregistered firm or dba of the dispensing optician to
advertise; and
(3) 	Failure to state that the fitting and duplication of contact lenses and
artificial eyes are done upon written prescription and personal
supervision of an ophthalmologist or optometrist. 	[Eff and comp
4/29/85; comp 5/28/87; comp 7/24/89; am and comp 5/23/92]
(Auth: 	HRS §458-3) (Imp: 	HRS §458-13)
SUBCHAPTER 4
§16-91-35 	Repealed. 	[R 4/29/85]
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SUBCHAPTER 5
PRACTICE AND PROCEDURE
§16-91-39 	Administrative practice and procedure. 	The rules of practice
and procedure for dispensing opticians shall be as provided in chapter 16-201, the
rules of practice and procedure of the department of commerce and consumer
affairs which are incorporated by reference and made a part of this chapter. [Eff
and comp 5/28/87; comp 7/24/89; comp 5/23/92] (Auth: 	HRS §§91-2, 458-3)
(Imp: 	HRS §§91-2, 458-10)
SUBCHAPTER 6
ORAL TESTIMONY
§16-91-43 	Oral testimony. 	(a) The board shall accept oral testimony on
any item which is on the agenda, provided that the testimony shall be subject to
the following conditions:
(1) 	Each person seeking to present oral testimony shall so notify the
board not later than forty-eight hours before the meeting, and at
that time shall state the item on which testimony is to be presented;
(2) 	The board may request that any person providing oral testimony
submit the remarks, or a summary of the remarks, in writing to the
board;
(3) 	The board may rearrange the items on the agenda for the purpose
of providing for the most efficient and convenient presentation of
oral testimony;
(4) 	Persons presenting oral testimony shall, at the beginning of the
testimony, identify themselves and the organization, if any, that
they represent;
(5) 	The board may limit oral testimony to a specified time period but
in no case shall the period be less than five minutes, and the person
testifying shall be informed before the commencement of the
testimony of the time constraints to be imposed; and
(6) 	The board may refuse to hear any testimony which is irrelevant,
immaterial, or unduly repetitious to the agenda item on which it is
presented.
(b) 	Nothing in this section shall require the board to hear or receive
any oral or documentary evidence from a person on any matter which is the
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subject of another pending proceeding subject to the hearings relief, declaratory
relief, or rule relief provisions of chapter 16-201.
(c) 	Nothing in this section shall prevent the board from soliciting oral
remarks from persons present at the meeting or from inviting persons to make
presentations to the board on any particular matter on the board’s agenda. 	[Eff
and comp 5/28/87; am and comp 7/24/89; comp 5/23/92] (Auth: 	HRS §458-3)
(Imp: 	HRS §92-3, 458-3)
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Amendments to and compilation of chapter 16-91, Hawaii Administrative Rules,
on the Summary Page dated March 17, 1992, were adopted on March 17, 1992,
following a public hearing held on March 17, 1992, after public notices were
given in the Honolulu Star-Bulletin, Honolulu Advertiser, West Hawaii Today,
Hawaii Tribune Herald, and Maui News on February 9, 1992, and Kauai Times
on February 11, 1992.
They shall take effect ten days after filing with the Office of the Lieutenant
Governor.
/s/ Doss K. Tannehill
DOSS K. TANNEHILL, Chairman
Board of Dispensing Opticians
APPROVED AS TO FORM: 	Date: 4/23/92
/s/ David A. Webber
Deputy Attorney General
APPROVED AS TO FORM: 	Date: 	5/5/92
/s/ Robert A. Alm
ROBERT A. ALM
Director of Commerce and Consumer Affairs
APPROVED AS TO FORM: 	Date: 5/13/92
/s/ John Waihee
JOHN WAIHEE
Governor of Hawaii
May 13, 1992
Filed
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DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
Amendment and Compilation of Chapter 16-91
Hawaii Administrative Rules
March 17, 1992
SUMMARY
1. 	16-91-11 is amended.
2. 	16-91-32 is amended.
3. 	Chapter 91 is compiled.