Arkansas Administrative Code Agency 144 - Board of Dispensing Opticians
Here’s a comprehensive overview of Arkansas Administrative Code, Agency 144: Board of Dispensing Opticians:
📘 Overview
Agency 144 governs the Arkansas Board of Dispensing Opticians, operating under the Department of Health. The board enforces the Ophthalmic Dispensing Act (Ark. Code Ann. § 17‑89‑101 et seq.), which regulates:
Spectacles, lenses, and spectacle-related services provided via prescription from licensed optometrists or ophthalmologists. (healthy.arkansas.gov)
🏛️ Board Structure & Meetings
Officers: Chair, Vice-Chair, and Secretary‑Treasurer—elected annually. (law.cornell.edu)
Meetings: Held at least twice yearly; special meetings may be called. Notice provided by the Secretary‑Treasurer. Quorum = 5 members; most board actions require a majority, though some need 2/3 or 3/4 approval.
Fiscal year: July 1 – June 30. (law.cornell.edu)
🧾 Licensing, Registry & Apprenticeships
Licensure Categories:
Licensed Dispensing Optician
Registered Dispensing Optician
Apprentice since working under supervision. (arkleg.state.ar.us)
Renewals:
Due by June 10 each year.
Fees: $60, with renewal including a 1×1 photo. (law.cornell.edu)
Continuing education:
Even years: 4 hours.
Odd years: 5 hours, including 1 hour jurisprudence.
Must be board-approved, live or broadcast with prior approval—no correspondence courses accepted. (law.cornell.edu)
Documentation due within 90 days post-CE; late renewals reinstated upon CE proof and fees before Oct 1.
Apprentice Requirements:
Application including $60 fee and photo. (law.cornell.edu)
⚙️ Rules & Procedures
Rule‑making:
Board derives authority per Ark. Code Ann. § 17‑89‑203(a)(6).
Follows Administrative Procedures Act with filings for public comment, hearings, statements of reason, etc. (law.cornell.edu)
Forms & Public Guidance:
Official forms, policies, interpretive memoranda, and orders are available from the Board’s office. (arkleg.state.ar.us)
Recordkeeping:
Secretary‑Treasurer maintains Books of Licensure and Registry, including apprenticeships and supervisors. (law.cornell.edu)
Annual report provided to the State Board of Optometry, Ophthalmology Section, and key stakeholders. (law.cornell.edu)
⚖️ Complaints & Discipline
Complaint process:
Formal complaints initiated via written submission to the Complaint Committee (Secretary‑Treasurer).
Must be filed within one year of the incident. (law.cornell.edu)
Investigation:
Respondent given notice and chance to respond.
Investigative Officer appointed; a report is made to the Committee and board. (law.cornell.edu)
Board vote required to dismiss, hold informal meetings, seek consent agreements, or hold formal hearings. (law.cornell.edu)
Disqualification:
Board members involved in investigation must recuse themselves from hearings.
Sanctions:
Including license denial, suspension, revocation, or other penalties—all pursuant to Admin. Procedures Act. (arkleg.state.ar.us)
🏢 Office & Ownership Requirements
Branch permits:
Must ensure quality staff, supervision, and compliance with state laws.
Annual Ownership Certificate:
Required June 1–30 each year. Reports who owns/operates each optical dispensary. (law.cornell.edu)
Summary
Agency 144 empowers the Board of Dispensing Opticians to licensure, regulate, and discipline opticians—ensuring public protection through stringent education, renewal, and complaint procedures, with due process and transparency built into rule changes and meetings.
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