Title 32 — Professions and Occupations

In this chapter, unless the context otherwise requires: 1. "Board" means the state board of optometry. 2. "Conviction" means a judgment of conviction by any state or federal court of competent jurisdiction in a criminal cause, regardless of whether an appeal is pending or could b…

A. The state board of optometry is established consisting of the following members who are appointed by the governor to staggered four-year terms that end on July 1: 1. Five members who have been licensed and engaged in the active practice of optometry in this state for at least …

A. The board shall annually elect from its members a president who shall be chief presiding officer of the board and such other officers as it deems appropriate and necessary to conduct its business. The board shall assign such duties as it deems appropriate to such other officer…

A. The board shall adopt, and may amend, rules consistent with this chapter governing the practice of the profession of optometry, for the performance of its duties under this chapter and for the examination of applicants for licenses. The board shall adopt and use a seal, admini…

A. The board of optometry fund is established. B. Pursuant to sections 35-146 and 35-147, the board shall deposit fifteen percent of all monies from whatever source which come into the possession of the board in the state general fund and deposit the remaining eighty-five percent…

(L24, Ch. 222, sec. 24. Eff. 7/1/28) A. The board of optometry fund is established. B. Pursuant to sections 35-146 and 35-147, the board shall deposit ten percent of all monies from whatever source which come into the possession of the board in the state general fund and deposit …

A. A licensee may prescribe, dispense and administer over-the-counter pharmaceuticals and topical prescription pharmaceuticals subject to the pharmaceutical agent classifications specified in section 32-1728. B. Except as provided in subsection C of this section, a licensee may p…

This chapter does not apply to: 1. Physicians and surgeons duly licensed to practice medicine and surgery in this state, if they are practicing lawfully. 2. Dispensing opticians duly licensed to practice, if they are practicing lawfully in accordance with the provisions of sectio…

A. A person who wishes to engage in the practice of the profession of optometry shall file with the board a verified application with the required application fee that includes: 1. The applicant's name, age and address. 2. Documentation of graduation from a university or college …

The board shall waive the written examination requirements of this chapter if all of the following are true: 1. The applicant submits a license or a certified copy of a license to practice optometry issued by the regulatory board of another jurisdiction of the United States that …

A. Licensing examinations shall be conducted and graded according to rules prescribed by the board. The board shall not grade examinations on a curve. B. The board may give applicants a written examination on subjects currently being taught in universities or colleges of optometr…

A. The board shall issue to each applicant who satisfactorily passes the examination and who pays the license issuance fee pursuant to section 32-1727 a license under the seal and signatures of the members of the board. An applicant who does not pay the issuance fee within sixty …

A. Except as provided in section 32-4301, beginning on September 1, 2001, a licensee who wishes to renew a license must do so every other year on or before the licensee's birthday by submitting a completed renewal form and the renewal fee prescribed by the board. A licensee who d…

A. The following fees shall be paid to the board: 1. Filing an application for examination, one hundred fifty dollars. 2. License issuance fee as established by the board. 3. Renewal of a license to practice the profession of optometry as established by the board. 4. Late renewal…

A. A licensee initially licensed after the effective date of the amendment to this section, a licensee licensed by endorsement after the effective date of the amendment to this section or a licensee who passed an examination conducted by the board for the use of oral pharmaceutic…

A. Each applicant for licensure and license reinstatement pursuant to this chapter shall submit a full set of fingerprints to the board for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of pub…

It is unlawful for a person to practice the profession of optometry or to hold himself out to be or assume or attempt to act as a doctor of optometry without a valid license to practice the profession of optometry.

A. Each licensee shall provide the board in writing the addresses of all permanent and extended temporary locations in which the licensee practices and the licensee's office telephone numbers, mailing address and residence address. Any notice required to be given by the board to …

A. After notice and a hearing the board in its discretion may censure, impose a civil penalty, prescribe probation, suspend or revoke the license of a doctor of optometry or refuse to issue or renew a license, certificate or registration for any of the following reasons: 1. Being…

A. The board on its own motion shall investigate any evidence that appears to show that a licensee may be guilty of a violation of section 32-1743. Any person may report to the board information the person may have that appears to show that a licensee may be guilty of unprofessio…

A. On the written request of a licensee, the board may schedule a prehearing conference at least ten days before the hearing date scheduled pursuant to section 32-1744. The board shall notify the licensee who requested a prehearing conference of its decision within five business …

A. A licensee must allow the board to inspect patient records during normal business hours. Before a licensee may change the location of patient records, the licensee must file a signed statement with the board that discloses the new address where the licensee will maintain the r…

In connection with the investigation by the board on its own motion or as the result of information received pursuant to section 32-1744, the board or its duly authorized agents or employees may examine and copy during normal business hours any documents, reports, records or othe…

A. If the board believes, based on its own information or a complaint or inquiry directed to the board, that a licensee is suffering from a medical, physical or mental condition that might impede the licensee's ability to practice competently, the board may order the licensee to …

A. On written application and for good cause shown, the board may issue a new license to a doctor of optometry whose license has been revoked, reissue a license or modify the suspension of any license to practice optometry that has been suspended. B. A person applying for reinsta…

Except as provided in section 41-1092.08, subsection H, a doctor of optometry aggrieved by a final decision of the board in a disciplinary proceeding is entitled to judicial review pursuant to title 12, chapter 7, article 6 in superior court in Maricopa county.

In charging a person in a complaint for an injunction or in an affidavit, information or indictment with a violation of this chapter by practicing the profession of optometry without a license, it is sufficient to charge that he did upon a certain day and in a certain county enga…

A. In addition to all other remedies, if after conducting an investigation, either on complaint or otherwise, and for good cause shown it appears to the board that any person has engaged in or is engaging in an act, practice or transaction that violates this chapter or any rule o…

A person who practices the profession of optometry without at the time having a valid license to practice, or who files or attempts to file with the board of optometry practice locations under a license issued to another, claiming to be the person entitled to practice under such …

A. A licensee must practice the profession of optometry only as either: 1. A sole practitioner. 2. A partner with other health professionals. 3. A professional limited liability company in which health professionals collectively possess at least fifty-one per cent of the ownershi…

An optometrist licensed pursuant to this chapter and providing service to any person shall refer such person to a physician licensed pursuant to chapter 13 or 17 of this title when such optometrist finds an indication of the presence of a disease or condition of the eye requiring…

A. All sales of and prescriptions for contact lenses in this state must conform to the federal fairness to contact lens consumers act (15 United States Code sections 7601 through 7610). B. Contact lenses used to determine a prescription for contact lenses are considered to be dia…