Opinion No.

Mr. Marc D. Parnell, Director Arkansas Board of Dispensing Opticians 105 Central Avenue Searcy, Arkansas 72143

Dear Mr. Parnell:

This is in response to your request for an opinion regarding the constitutionality of the residency requirement in the Arkansas Optician Law.

It is my opinion that the requirement is constitutionally suspect.

The provisions about which you inquire appear at A.C.A. §§17-88-302 and -303. They require Arkansas residency in order to obtain a license as a licensed dispensing optician or registration as a registered dispensing optician. They provide in pertinent part,…