Alabama Administrative Code

All relevant provider-patient electronic communications, including recordings and electronic mail shall be stored and filed in or with the patient's record in addition to any other storage methods. Notes Ala. Admin. Code r. 630-X-13-.05 New Rule: November 6, 1998; effective Decem…

All patients who are served through optometric telemedicine shall be informed of alternative forms of contacting their provider for urgent matters. Conventional telephone numbers used by a provider for traditional on-site optometry shall be sufficient. Notes Ala. Admin. Code r. 6…

(1) Patient records shall be maintained for all telemedicine services. The provider or distant site provider shall maintain the records created at any site where treatment or evaluation is provided. (2) Patient records shall include copies of all relevant patient-related electron…

(1) An optometrist who is licensed by another state to practice optometry, but who is not licensed in the state of Alabama pursuant to §§ 34-22-20 or 34-22-21, who utilizes telemedicine to provide optometric services in the state of Alabama from a distant site outside of the stat…

Notes Ala. Admin. Code r. 630-X-13-.09 New Rule: November 6, 1998; effective December 11, 1998. Amended: Filed January 16, 2008; effective February 20, 2008. Repealed by Alabama Administrative Monthly Volume XXXIII, Issue No. 05, February 27, 2015, eff. 3/13/2015. Author: Dr. Fre…

Notes Ala. Admin. Code r. 630-X-13-.10 Repealed by Alabama Administrative Monthly Volume XXXIII, Issue No. 05, February 27, 2015, eff. 3/13/2015. Author: Dr. Fred Wallace Statutory Authority: Code of Ala. 1975, §§ 34-22-80 through 34-33-87.

In implementing the Impaired Doctor of Optometry Treatment Program ("the Program"), the Alabama Board of Optometry may act as a body or through any designated committee or other designee ("the Board"). The Board may also expend such funds as it determines appropriate and reasonab…

The following Rules will apply to doctors of Optometry who voluntarily report an impairment to the Board for the purpose of seeking Board assistance. (a) It is the purpose and intent of the Board that the Program be a confidential, non-punitive alternative to disciplinary sanctio…

Should the Board receive a complaint alleging that an optometrist suffers from an impairment as defined in Code of Ala. 1975, Section 34-22-101, the Board shall follow the procedures set forth in Chapter 630-X-3 of these Rules, and shall also adhere to the following procedures. (…

All records of an impaired, or allegedly impaired, optometrist received by the Board in connection with the Program, shall be privileged and confidential, but may be used by the Board in the course of any investigation that may arise and may be introduced as evidence in administr…

With respect to any optometrist who is required to enter into and comply with an after-care agreement, either as part of a disciplinary sanction or in connection with voluntary participation in the Program, the Board shall establish a mechanism through which it will be informed o…

The Board or its designee will provide participants in the Impaired Doctor of Optometry Treatment Program a written statement outlining program requirements. In addition, all such participants will be provided a copy of these regulations so that the optometrist will understand th…

Any optometrist who, as part of his or her participation in the Impaired Doctor of Optometry Treatment Program, enters a treatment or rehabilitation program designated by the Board shall be responsible for ascertaining and complying with all requirements necessary to successfully…

The Board recognizes that opioid and other medications carry an inherent risk of addiction and abuse. In an effort to educate patients on those inherent risks, the Board adopts the following rules. Notes Ala. Admin. Code r. 630-X-15-.01 Adopted by Alabama Administrative Monthly V…

In any case when a licensed optometrist shall prescribe a pharmaceutical agent containing Codeine, Codeine Phosphate, Dihydrocodeine, ethylmorphine, opium or any derivative thereof, morphine, buprenorphine, or any Schedule III narcotic, the optometrist shall provide to the patien…

An optometrist prescribing a pharmaceutical agent described in 630-X-15-.02 may require a written acknowledgement or agreement from the patient, or the parent or guardian of the patient if the patient is under 18 years of age and is not an emancipated minor, that the patient unde…

An annual meeting of the Board shall be held during the month of October each year in the city of Montgomery, or in such place as designated by the president of the Board at a time and place to be specified by the president. This meeting shall be for election and installation of …

The officers of the Board shall consist of a president, a vice president, and a secretary-treasurer. The officers shall be elected at the annual meeting of the Board and shall hold office until the next annual meeting of the Board and until their successors are elected and instal…

The Board shall have a seal in the form of two circular metal discs bearing the imprint and inscription around their respective borders the words -- "Alabama Board of Optometry," and in the center the word -- "Seal." The seal shall be impressed upon all instruments executed by th…

Except as set out below, the order of business at meetings of the Board shall be as follows: (a) Call of the roll. (b) Reading and consideration of the minutes of previous meetings of the Board. (c) Report of the secretary-treasurer. (d) Report of special committees. (e) Consider…

Board members will be reimbursed their expenses and paid per diem as provided by law upon making claim to the secretary-treasurer therefor upon forms to be provided by the secretary-treasurer. Board members desiring to travel out-of-state on Board business and be reimbursed their…

The secretary-treasurer is authorized to pay from funds of the Board, without prior approval of the Board, with checks drawn on the Board's bank account and countersigned by the president, all normal operating and other expenses authorized by law after ascertaining the same to be…

From time to time and at its discretion, the Board may hire one or more person whose duties shall entail investigating whether any optometrist or other individual is violating any provision of these rules or the Optometry Act. Author: Dr. Larry Carter Notes Ala. Admin. Code r. 63…

From time to time and at its discretion, the Board may employ personnel to aid in carrying out the provisions of this act. Said personnel shall be hired for an amount to be negotiated between said individual and the Board but shall not exceed the resources of the Board. Author: D…

The Board may employ a qualified individual to serve as Executive Director, who shall perform such duties and assume such responsibilities as may be delegated by the Board. The Executive Director shall be hired for an amount to be negotiated between said individual and the Board …

Complaints against licensed optometrists for unprofessional, unethical, or illegal conduct and complaints against any other person who may be accused of violating any provision of this act shall be filed with the secretary-treasurer or other specified agent of the Board in writin…

Upon receipt of a complaint conforming to the requirements of Rule 630-X-3-.01, the secretary-treasurer or Board's legal counsel shall forward a letter to the accused person advising said person of the complaint and enclosing therewith a copy of the written complaint, any memoran…

If, at the expiration of 15 days after receipt by the accused person of the letter and other materials required by Rule 630-X-3-.02 above, the accused person has not responded to the charges in writing under oath, said person shall be deemed to have declined to respond. Author: D…

Whether the accused person responds or does not respond to the charges, the Board shall conduct such further discreet preliminary investigation as the Board deems necessary under the circumstances to determine whether or not formal charges should be presented and a hearing held a…

Unless, and until, a hearing is set by the Board, as hereinafter provided, the Board and each member or agent thereof shall keep the charges and all matters relating thereto completely confidential, and shall release no information in connection herewith to any person other than …

After receipt of the complaint, the response of the accused person, and completion of the preliminary investigation specified in Rule 630-X-3-.04, the Board shall meet in executive session with its legal counsel and determine whether or not the complaint is a charge of unprofessi…

The Board's legal counsel shall forthwith, under supervision of the Board, draft a notice of the charge(s) against the accused person that complies with Code of Ala. 1975, § 41-22-12, which is expressly incorporated herein by reference. Said notice may, at the discretion of the B…

At least five days before the date of the hearing, the accused person shall either agree to accept specified sanctions as administered by the Board or shall file with the Board a written answer to the specification of the charges served upon said accused along with a list of the …

At least five days prior to the date of the hearing, the Board's legal counsel shall prepare a list of the names and post office addresses of any witnesses the Board's legal counsel desires to subpoena for the hearing and shall also prepare a list of books, records, papers, and o…

Upon the proper filing, by the accused person or the Board's legal counsel, of the lists of witnesses, the Board shall issue a subpoena for the witnesses and a subpoena duces tecum for any requested books, records, papers, or other documents, directed to the sheriff of the respec…

At the date, time, and place previously set for the hearing, the Board shall convene and if there is a quorum present proceed to hear the charges under the following rules of procedure: (a) A quorum of the Board must be present at all times during the hearing. The president shall…

On or before June 1 of each year, the Board shall prescribe by resolution duly adopted at a regular or called meeting the exact time and place of the annual meeting to be held at least 30 days prior to October 1 of that year for the purpose of selecting five persons whose names s…

(1) Nominations of persons to be selected at the annual meeting shall be made in the manner herein prescribed and no person shall be a nominee eligible to be selected at the annual meeting unless so nominated. (2) The secretary-treasurer shall enclose with the notice required by …

Votes at the annual meeting will be cast and counted as herein provided. (a) Prior to the annual meeting the secretary-treasurer shall cause to be prepared a sufficient number of ballots containing the names of those persons listed the highest number of times on the forms as here…

All applications for examinations and licensing shall be filed with the secretary-treasurer on forms provided by the Board. The application shall include all information required by statute and such other information as the Board may require by resolution, including, without limi…

At the time of filing, the applicant shall pay to the secretary-treasurer a fee equal to the maximum provided by law. Author: Dr. Larry Carter Notes Ala. Admin. Code r. 630-X-5-.02 Filed July 9, 1990. Previous rule (same title) filed September 13, 1982. Amended: Filed March 6, 19…

During the month of July each year the Board shall give examinations at a place, date, and time specified by Board resolution. It shall be a prerequisite to the taking of the examination that an applicant make proof satisfactory to the Board prior to the examination the following…

At any time the Board deems it to be justified, it can conduct a special examination at a date, time and place to be specified by Board resolution calling the examination. The secretary-treasurer shall give reasonable notice of such date, time and place to each applicant whose ap…

Prior to each examination meeting, the president will assign duties to the respective Board members in conducting and grading the examinations. Author: Dr. Larry Carter Notes Ala. Admin. Code r. 630-X-5-.05 Filed July 9, 1990. Previous rule (same title) filed September 13, 1982. …

The examination shall be divided into from one to seven sections, to be established by Board resolution. Content of each section shall be established by Board resolution and may cover the examination areas of practical optics, theoretical optics, physiological optics, theoretical…

Each applicant who has earned a passing score on the examination, submitted proof of passing Part III of the examination administered by the National Board of Examiners in Optometry, has completed and submitted the aforementioned protocol and has received approval thereof, and ha…

Optometrists licensed prior to October 1, 1994 may apply to the Board, on a form provided by the Board, for approval to use pharmaceutical agents for the treatment of disease of the eye and its adjacent structures. Prior to approval of such applications, applicant must furnish sa…

Eligible individuals under this section who possess a license or certificate to practice optometry in another state, district, or territory of the United States, or in any branch of the armed forces of the United States may apply for a regular annual license to practice optometry…

The accrediting agency recognized by the Alabama Board of Optometry is the American Optometric Association Council of Optometric Education. Author: Dr. Larry Carter Notes Ala. Admin. Code r. 630-X-6-.01 Filed July 9, 1990. Previous rule (same title) filed September 13, 1982. Repe…

The schools and colleges of optometry accredited from time to time by the hereinabove mentioned agency shall be deemed by the Board to be accredited. Author: Dr. Larry Carter Notes Ala. Admin. Code r. 630-X-6-.02 Filed July 9, 1990. Previous rule (same title) filed September 13, …