Anthony D. Record,; The Notice of Petition for Declaratory Statement was published in Vol. 35, No. 10, of the March 13, 2009, Florida Administrative Weekly. The Board considered the Petition at a duly-noticed public meeting held on June 1, 2009. The ...

 

DEPARTMENT OF HEALTH

The Board of Opticianry hereby gives notice of the issuance of an Order regarding the Petition for Declaratory Statement for Anthony D. Record, filed on February 3, 2009. The Notice of Petition for Declaratory Statement was published in Vol. 35, No. 10, of the March 13, 2009, Florida Administrative Weekly. The Board considered the Petition at a duly-noticed public meeting held on June 1, 2009. The petition seeks the Board’s guidance regarding several issues relating to Section 484.006(3), Florida Statutes. Specifically: (1) Under this section, can an optician tell a customer to pick out any frame and the optician would make a pair of +2.50s?; (2) At the patient’s request, could the optician make a pair of +2.50s, customizing them with the patient’s PD?; and (3) At the patient’s request, can an optician make and sell reading glasses to a potential customer who wants +2.00 for the right eye and +2.75 for the left eye?

The Board declines to issue a declaratory statement because Section 484.006(3), Florida Statutes, is clear about the “sale” of spectacles for reading purposes, and Sections 484.002 and 484.012, Florida Statutes, are clear as to the scope of practice of opticianry.

A copy of the Board’s Order may be obtained by contacting: Sue Foster, Executive Director, Board of Opticianry, 4052 Bald Cypress Way, Bin #C08, Tallahassee, Florida 32399-3258.