North Carolina Administrative Code

21 NCAC 40 .0106 COPY OF THE LAW A copy of the laws and rules governing the practice of opticianry in North Carolina is available from the Board at a charge of ten dollars ($10.00). History Note: Authority G.S. 90-249; Eff. February 1, 1976; Readopted Eff. September 29, 1977; Ame…

21 NCAC 40 .0107 INSPECTION OF MATERIALS A record will be kept of all rulemaking proceedings, declaratory rulings, and final orders or decisions of the Board. These records will include all relevant written material and will be available for inspection upon appointment with the e…

21 ncac 40 .0108 FEES History Note: Authority G.S. 90-246; 90-249(a)(9); Eff. November 1, 1981; Temporary Amendment Eff. November 1, 1997; Amended Eff. April 1, 2004; August 1, 1998; February 1, 1989; February 1, 1988; August 1, 1985; Pursuant to G.S. 150B-21.3A, rule is necessar…

21 ncac 40 .0109 ELECTION OF MEMBERS (a) By April 1 of each year, any licensed optician desiring to be nominated for the Board shall forward a petition endorsed by five licensees to the Board. (b) By April 10 of each year, the Board shall prepare and distribute by mail to each No…

21 NCAC 40 .0110 OFFICERS History Note: Authority G.S. 90-239; Eff. November 1, 1981; Repealed Eff. February 1, 1989.

21 NCAC 40 .0111 SUBJECT OF DECLARATORY RULINGS The Board will issue a declaratory ruling upon request of a person determined by the Board to be a "person aggrieved" within the meaning of G.S. 150B-2(6), unless the Board determines that issuance of a declaratory ruling would be u…

21 NCAC 40 .0112 FORMS History Note: Authority G.S. 90-249; Eff. November 1, 1981; Amended Eff. January 1, 1994; February 1, 1989; August 1, 1985; July 1, 1983; Repealed Eff. April 1, 2011.

21 NCAC 40 .0113 WAIVER (a) The Board may waive any rule in this Chapter that is not statutorily required if a licensee, business or training establishment, trainee, or continuing education course provider submits a written request. Factors the Board shall use in determining whet…

SECTION .0200 - CONDUCT OF REGISTRANTS 21 NCAC 40 .0201 NO DISPLAY OF REFRACTING EQUIPMENT History Note: Authority G.S. 90-249; Eff. February 1, 1976; Readopted Eff. September 29, 1977; Repealed Eff. February 1, 1989.

21 NCAC 40 .0202 REGISTRATION OF OPTICAL PLACE OF BUSINESS AND OPTICIAN IN CHARGE (a) As used in this Rule, "optical place of business" means the principal office, as well as each branch office of the business. (1) Every optical place of business shall be registered with the Boar…

21 NCAC 40 .0203 BRANCH OFFICES History Note: Authority G.S. 90-243; Eff. February 1, 1976; Readopted Eff. September 29, 1977; Amended Eff. August 1, 1985; January 1, 1983; November 1, 1981; November 1, 1978; Repealed Eff. February 1, 1989.

21 NCAC 40 .0204 FINING OF REPETITIVE VIOLATORS OF THE LAW History Note: Authority G.S. 90-249; Eff. February 1, 1976; Amended Eff. September 6, 1977; Repealed Eff. November 1, 1981.

21 NCAC 40 .0205 BAITING OR DECEPTIVE ADVERTISING (a) Statements regarding optical goods and services must be accurate and truthful pursuant to Article 1, Chapter 75, of the North Carolina General Statutes. Deceptive advertising of any kind is unlawful. Any advertising that tends…

21 NCAC 40 .0206 PROFESSIONAL RESPONSIBILITY; CONTINUING EDUCATION (a) A licensed optician shall: (1) maintain equipment and instruments in his or her office at all times to assure professional service to the public, and for use in training apprentices and interns as set forth in…

21 NCAC 40 .0207 LOCATION OF LICENSEE, INTERN OR APPRENTICE (a) Prior to performing acts regulated by the Board, each dispensing optician, intern or apprentice shall notify the Board of their employment status and the name and physical address of their employment. Changes in empl…

21 NCAC 40 .0208 LICENSE REVOCATION AND REINSTATEMENT History Note: Authority G.S. 90-249; Eff. November 1, 1981; Repealed Eff. February 1, 1988.

21 NCAC 40 .0209 DISPLAY OF REGISTRATION AND LICENSE (a) Each registered optical place of business or training establishment shall display its registration certificate, containing the name of the current optician in charge or the name of the current trainer or trainers, in a visi…

21 NCAC 40 .0210 PRESCRIPTION AND INTERPRETATION A prescription is a written direction from an ophthalmologist or optometrist for eyeglasses, contact lenses, or other ophthalmic appliances. The prescriber retains discretion in determining the number and type of measurements which…

21 NCAC 40 .0211 MINOR ADJUSTMENTS OR REPAIRS To make a minor adjustment means to tighten the temple screws of eyeglasses. To make a minor repair means to replace the temple screws. History Note: Authority G.S. 90-239; 90-253; Eff. January 1, 1986; Amended Eff. February 1, 1989; …

21 NCAC 40 .0212 DUTY TO PROVIDE DIRECT SUPERVISION (a) The failure of a licensed optician who owns or has a controlling interest in an optical place of business, or under whose name an optical place of business or branch thereof is registered, to provide direct supervision as se…

21 NCAC 40 .0213 NEGLIGENCE IN DISPENSING CONTACT LENSES History Note: Authority G.S. 90-237; 90-240; 90-249; Eff. May 1, 1989; Repealed Eff. April 1, 2011.

21 NCAC 40 .0214 COMPLAINTS; PRELIMINARY DETERMINATIONS (a) Complaints may be lodged against any dispensing optician or Board registrant, including registered and non-registered businesses, and shall be submitted to the Board in writing with complainant's name, address, and conta…

SECTION .0300 - QUALIFICATIONS: APPLICATIONS: AND LICENSING 21 NCAC 40 .0301 APPLICATION PHOTOGRAPH REQUIREMENT An applicant for licensure or examination must attach to an application form a passport-size photograph of the applicant's face taken within the past six months. Photog…

21 NCAC 40 .0302 LICENSURE EXAMINATION FEES (a) The fee for licensure examination participation as set forth in G.S. 90-246 shall be remitted to the Board by cash, certified check, or money order. There shall be no prorating of the fee. (b) Licensure examination fees shall not be…

21 NCAC 40 .0303 LICENSURE EXAMINATION AND RE-EXAMINATION (a) The licensure exam shall consist of Basic and Practical components. An optician's license shall not be issued until a passing score has been achieved on all components within three years from the date of a passing scor…

21 NCAC 40 .0304 QUALIFICATIONS FOR LICENSE History Note: Authority G.S. 90-234; 90-236; 90-237; 90-249; Eff. February 1, 1976; Amended Eff. July 1, 1983; November 1, 1981; November 1, 1978; September 6, 1977; Repealed Eff. February 1, 1989.

21 NCAC 40 .0307 TIME AND PLACE OF EXAMINATION History Note: Authority G.S. 90-240; 90-241; Eff. February 1, 1976; Amended Eff. September 6, 1977; Readopted Eff. September 29, 1977; Amended Eff. July 1, 1991; February 1, 1989; August 1, 1985; November 1, 1981; Repealed Eff. Septe…

21 NCAC 40 .0308 RENEWAL FEES: LATE PENALTY History Note: Authority G.S. 90-249; Eff. February 1, 1976; Amended Eff. September 6, 1977; Repealed Eff. November 1, 1981.

21 NCAC 40 .0309 TERMS OF RE-EXAMINATION History Note: Authority G.S. 90-249; Eff. February 1, 1976; Repealed Eff. September 6, 1977.

21 NCAC 40 .0310 MISCELLANEOUS FEES History Note: Authority G.S. 90-249; Eff. February 1, 1976; Amended Eff. September 6, 1977; Repealed Eff. November 1, 1981.

21 NCAC 40 .0311 CITIZENSHIP History Note: Authority G.S. 90-249; Eff. February 1, 1976; Repealed Eff. September 6, 1977.

21 NCAC 40 .0312 APPROVED SCHOOLS OF OPTICIANRY A school of opticianry shall be considered approved by the North Carolina State Board of Opticians if it is accredited by the Commission of Opticianry Accreditation and confers a degree of associate in applied science through an oph…

21 NCAC 40 .0313 APPRENTICE TRAINING RESTRICTIONS History Note: Authority G.S. 90-249; Eff. February 1, 1976; Repealed Eff. September 6, 1977.

21 NCAC 40 .0314 APPRENTICESHIP AND INTERNSHIP REQUIREMENTS: REGISTRATION (a) Each trainee entering the apprenticeship or internship shall register with the Board providing contact information, training establishment wherein training is being served, name of sponsoring trainer, a…

21 NCAC 40 .0317 SCORES OF EXAMINATION History Note: Authority G.S. 90-240; Eff. November 1, 1981; Repealed Eff. February 1, 1989.

21 NCAC 40 .0318 Terms oF EXAMINATION and re-examination History Note: Authority G.S. 90-237; 90-240; 90-249; Eff. November 1, 1981; Amended Eff. February 1, 1989; Repealed Eff. September 1, 2012.

21 NCAC 40 .0319 APPLICANTS FROM OTHER STATES (a) An applicant seeking licensure in North Carolina under G.S. 90-241(a) shall tender an application to the Board as set out in 21 NCAC 40 .0104 accompanied by affidavits from two employers for whom the applicant worked as an opticia…

21 NCAC 40 .0320 LICENSE RENEWAL INFORMATION (a) The Board shall send each registrant an application to renew licensure yearly. The application, credits for required education as set forth in 21 NCAC 40 .0206, and the fee as set forth in G.S. 90-246(3) shall be received in the Bo…

21 NCAC 40 .0321 TRAINING ESTABLISHMENT REQUIREMENTS (a) Any North Carolina licensed optician, ophthalmologist, or optometrist as provided in G.S. 90-237(4) and G.S. 90-240(a)(2) and (3) who are potential trainers for an apprentice or intern to become an optician can download an …

21 NCAC 40 .0322 TEMPORARY LICENSES History Note: Authority G.S. 90-241; 90-249; 90-250; 90-252; Eff. November 1, 1981; Repealed Eff. February 1, 1989.

21 NCAC 40 .0323 Affidavit of applicant (a) Applicants for any Board training, registration, examination, and licensure process shall attest to the completeness and accuracy of the information contained in applications. (b) Upon obtaining agreement from an applicant, the Board sh…

21 NCAC 40 .0324 CHARACTER; CONVICTIONS When any provision of G.S. 90, Article 17, requires an applicant to have good moral character, the applicant shall submit to the Board affidavits of two persons who have been acquainted with the applicant for at least three years immediatel…

21 NCAC 40 .0325 Licensure for Military-Trained Applicant; Licensure for Military Spouse (a) Licensure for a military-trained applicant. Upon receipt of a request for licensure pursuant to G.S. 93B-15.1 from a military-trained applicant, the Board shall issue a license to the app…

21 NCAC 40 .0408 APPLICABLE HEARING RULES When the Board elects to have the Office of Administrative Hearings hear a contested case, the Board's rules pertaining to contested case hearings, instead of the rules of the Office of Administrative Hearings, shall apply. History Note: …

21 NCAC 40 .0409 RIGHT TO HEARING When the Board acts or proposes to act, other than in rulemaking or declaratory ruling proceedings, in a manner which will affect the rights, duties, or privileges of a specific, identifiable person, such person has the right to an administrative…

21 NCAC 40 .0410 REQUEST FOR HEARING (a) Any time an individual believes that individual's rights, duties, or privileges have been affected by the Board's administrative action, but has not received notice of a right to an administrative hearing, that individual may file a formal…

21 NCAC 40 .0411 GRANTING OR DENYING HEARING REQUEST (a) The Board will grant a request for a hearing if it determines that the party requesting the hearing is a "person aggrieved" within the meaning of G.S. 150B-2(6). (b) The denial of a request for a hearing will be issued imme…

21 NCAC 40 .0412 NOTICE OF HEARING (a) The Board shall give the party or parties in a contested case a notice of hearing not less than 15 days before the hearing. Said notice shall contain the following information, in addition to the items specified in G.S. 150B-38(b): (1) the n…

21 NCAC 40 .0413 WHO SHALL HEAR CONTESTED CASES All administrative hearings will be conducted by the Board, a panel consisting of a majority of the members of the Board, or an administrative law judge designated to hear the case pursuant to G.S. 150B-40(e). History Note: Authorit…

21 NCAC 40 .0414 INFORMAL PROCEDURES The Board and the party or parties may agree in advance to simplify the hearing by: decreasing the number of issues to be contested at the hearing; accepting the validity of certain proposed evidence; accepting the findings in some other case …