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SUMMARY
The Office of the Auditor General has conducted a
performance audit and Sunset review of the Arizona Board of Dispensing
Opticians pursuant to a June 16, 1999, resolution of the Joint
Legislative Audit Committee. This review is part of the Sunset review
set forth in Arizona Revised Statutes (A.R.S.) §§41-2951 through
41-2957.
Laws 1956, Chapter 32, §1 established the Board to
regulate optical dispensing in Arizona. The Board is responsible for
licensing opticians who dispense eyeglasses, contact lenses, and other
optical devices to the public, and who supervise unlicensed
practitioners. It also licenses optical establishments that sell
prescription eyewear to the public to ensure that each is staffed by at
least one licensed dispensing optician. In addition, the Board
investigates and adjudicates complaints against its licensees. The Board
consists of seven Governor-appointed members who serve five-year terms.
The Board is generally functioning well. It typically
resolves complaints and issues licenses in a timely manner. In addition,
it provides consumers with complete information about licensed
opticians’ and optical establisments’ complaint histories.
Because no major operational problems were identified,
this report’s discussion is limited to the 12 Factors which, under
A.R.S. §41-2954, the Legislature considers in determining whether to
continue or terminate the Board. This review concludes that, although no
significant harm to the public’s health or safety would likely result
if the Board were terminated, the Board does help protect the public’s
welfare through its efforts to resolve complaints and ensure consumers
are compensated when appropriate. In addition, by licensing optical
establishments, the Board helps ensure that unlicensed practitioners who
work in these settings receive a minimum level of qualified supervision.
This review recommends that if the Board is continued,
it make some improvements to the administration of its licensing
examination and to its complaint processing. For example, the Board
needs to take steps to ensure that its examination is administered and
scored consistently and appropriately. It also needs to separate its
complaint investigation and adjudication processes to better enable it
to take disciplinary action when violations occur. In addition, the
review recommends that the Legislature consider revising the Board’s
statutes to allow the Board to keep its examination confidential,
eliminate the requirement that consumer complaints be verified, and
clarify the statutory licensing exemption relating to individuals who
work under physicians, optometrists, and licensed dispensing opticians.
Read full report in Acrobat PDF format
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