Charles L. Harrup; 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
Board of Opticianry

The Board of Opticianry hereby gives notice of the issuance of an Order regarding the Petition for Declaratory Statement for Charles L. Harrup, 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 Petitioner did not specify a particular rule or statute. However, it appears the Petitioner seeks the Board’s guidance regarding an issue relating to Section 484.012, Florida Statutes. Specifically he seeks guidance on the following issue: Whether an optician is obligated to dispense contact lenses to a patient who tries to order contact lenses just prior to the one-year expiration date on the prescription when the number of contacts ordered by the patient will last much longer than the prescription expiration date.

The Board declines to issue a declaratory statement because Section 484.012, Florida Statutes, is clear as written.

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.