Title 17, Professions, Occupations, and Businesses

(a) The Arkansas Board of Dispensing Opticians shall revoke or suspend or refuse to issue or renew a license or registration of any dispensing optician for any violation of any provision of this chapter or of any rules promulgated by the board, including, but not limited to, the …

(a) (1) Any person may file a complaint with the Arkansas Board of Dispensing Opticians against any person providing ophthalmic dispensing services to the public or having a certificate of licensure or registry to practice ophthalmic dispensing in this state charging the person w…

(a) (1) Licensed or registered opticians under this chapter may utilize apprentice dispensing opticians to engage in ophthalmic dispensing as defined in this chapter under their direct personal physical supervision and at the same location where the licensed or registered person …

(a) It shall be unlawful for any dispensing optician or person engaged in the business of manufacturing, selling, or dispensing regular or safety ophthalmic materials to fill or duplicate an ophthalmic prescription without having a written prescription signed by the licensed opto…

All ophthalmic materials, including eyeglasses, spectacles, lenses, or other optical devices or materials or parts thereof, sold in the State of Arkansas must conform to standards of quality as promulgated by the American National Standards Institute, commonly known as “Z-80.1 st…

(a) No licensed or registered dispensing optician or other person in this state shall establish more than two (2) ophthalmic dispensing branch offices in addition to his or her principal office unless he or she shall have first secured a branch office permit from the Arkansas Boa…

(1) It shall be unlawful for any dispensing optician or any person engaged in ophthalmic dispensing in this state, or anyone on their behalf, to knowingly or willfully engage in any fraudulent, misleading, or deceptive advertising. Any of the following practices shall be deemed t…

(a) Any advertisement made by, for, or in behalf of any ophthalmic dispensing firm or any dispensing optician in this state, by newspaper, magazine, handbill, circular, radio, television, billboard, sign, or other means or forms of advertisement, except goodwill advertising as de…

(a) (1) Any person violating the provisions of § 17-89-405 or § 17-89-406 shall be guilty of a Class A misdemeanor and upon conviction shall be subject to the fines and penalties provided by law.(2) Each advertisement in violation of § 17-89-405 or § 17-89-406 shall be a separate…

(a) (1) It shall be unlawful for any person or legal entity to conduct an office or place of business in this state where ophthalmic dispensing services are offered or performed unless that person or entity shall have first secured an office permit from the Arkansas Board of Disp…

(a) (1) The “practice of optometry” means the examination, diagnosis, treatment, and management of conditions of the human eye, lid, adnexa, and visual system, including the removal of foreign bodies from the cornea, conjunctiva, lid, or adnexa but shall exclude other surgery of …

(1) This chapter does not:(1) Apply to physicians and surgeons nor to persons who sell eyeglasses, spectacles, lenses, contact lenses, frames, mountings, or prisms at wholesale on individual prescriptions to optometrists, physicians, and surgeons;(2) Prohibit the sale of ready-ma…

The practice of optometry is declared to be a learned profession, and the same rights, powers, and duties are declared to attach thereto as attach to other learned professions.

(1) The following acts are declared to be unlawful:(1) The violation of any of the provisions of this chapter;(2) For any optometrist, physician, or surgeon to advertise in any manner, either directly or indirectly, any fraudulent, false, or misleading statement as to the skill o…

(a) (1) Any optometrist, physician, or surgeon or individual, firm, or corporation violating any of the provisions of this chapter shall be guilty of a violation and upon conviction shall be fined in any sum not less than fifty dollars ($50.00) nor more than five hundred dollars …

(a) (1) The performance by a nonresident person, firm, or corporation within this state of any act prohibited or authorized by the terms of this chapter which constitutes the practice of optometry as defined by this chapter, except when done by persons, firms, or corporations hav…

A subpoena is to be directed to the sheriff of any county where a witness resides or is found. It shall be served and returned in the same manner as subpoenas in civil actions in the circuit courts are served and returned.

(a) (1) If at the completion of an ophthalmic examination by any licensed optometrist or by any physician who practices as an ophthalmologist in this state the practitioner recommends as a result of the examination that the patient needs eyeglasses of common availability within t…

(a) No person, firm, corporation, or other legal entity located outside the State of Arkansas shall fill, ship, mail, or deliver through electronic mail, the internet, alternative channels, or other means contact lenses, vision correcting contact lenses that have been medicated w…

Any optometrist or ophthalmologist who releases a contact lens prescription in accordance with § 17-90-108(a)(2) shall not be liable for any damages for injury resulting from the purchasing, manufacturing, or dispensing of the contact lenses unless the contact lens seller and the…

(a) The Division of Higher Education shall provide a loan from the Higher Education Grants Fund Account that is in excess of the Southern Regional Education Board grant funds to any optometry student:(1) Who is a bona fide resident of the state;(2) Who is enrolled in an optometry…

(a) The State Board of Optometry shall consist of seven (7) members appointed by the Governor as follows for terms of five (5) years subject to confirmation by the Senate:(1) After consulting The Arkansas Optometric Association, Inc., the Governor shall appoint five (5) members w…

(a) Members of the State Board of Optometry may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq. (b) Expense reimbursement and stipends in accordance with § 25-16-901 et seq. shall be paid from the fees collected by the board. (c) The Secretary-tr…

(a) The State Board of Optometry shall meet at least two (2) times each year. At the first regular meeting, the board members shall elect a president, a vice president, and a secretary-treasurer. (b) A record of its proceedings shall be kept which shall be open for public inspect…

(1) The State Board of Optometry shall have the following powers in addition to those conferred elsewhere within this chapter:(1) To make rules for the administration and enforcement of this chapter;(2) To revoke, suspend, or refuse to renew any certificate of license in the mann…

(a) All renewal fees and all examination and application fees shall be used by the State Board of Optometry to pay its expenses in administering this chapter. (b) (1) All moneys received by the board shall be disbursed by the Secretary-treasurer of the State Board of Optometry, w…

(a) The State Board of Optometry shall require every optometrist who meets the requirements for certification to perform authorized laser procedures to report to the board regarding the outcome of the procedures performed in a format as required or directed by the board. (b) Repo…

(a) No person except those already licensed by the State Board of Optometry shall practice optometry until he or she has:(1) Successfully passed all examinations as the State Board of Optometry may require in the rules of the State Board of Optometry, to include, but not be limit…

(a) Any person from another state desiring to engage in the practice of optometry in this state may be issued licensure by endorsement at the sole discretion of the State Board of Optometry upon satisfactory proof that he or she:(1) Is qualified under this chapter;(2) Has been is…

(a) Any optometrist practicing in any county in this state shall display his or her license in a conspicuous place in his or her office. (b) Any optometrist practicing away from his or her office shall deliver to each person obtaining services from the optometrist a statement dat…

(a) (1) Except as provided in subdivision (a)(2) of this section, a registered optometrist shall pay annually a reasonable sum, to be fixed by the State Board of Optometry, to the Secretary-treasurer of the State Board of Optometry as a license renewal fee on or before February 1…

(a) The State Board of Optometry shall have the power to revoke, suspend, place a license on probation for such time as the board shall order and under such conditions as the board may impose, to ensure the health and safety of the citizens of Arkansas, impose a fine of up to one…

(a) No certificate of license shall be rejected for renewal, suspended, or revoked for any cause, unless the person accused has been given at least thirty (30) days' notice in writing setting forth the nature of the charges against him or her. (b) The accused person must also be …

(1) The State Board of Optometry shall have the following rights and responsibilities:(1) To enforce, amend, or repeal the rules promulgated by the board;(2) (A) To approve those optometrists who shall be authorized to possess, administer, and prescribe those drugs approved by th…

(a) Reasonable standards applicable only to those optometrists who are authorized to use drugs for referral of eye patients with eye pathology discoverable by the use of drugs shall be promulgated only if the State Board of Optometry finds that the standards are required to prote…

(a) A person may possess, administer, and prescribe pharmaceutical agents for the diagnosis or treatment of conditions involving only the eye, lids, or adnexa if the person:(1) Is engaged in the practice of optometry as defined in § 17-90-101;(2) Has the education and professiona…

This subchapter shall be known as the “Impaired Optometrist Treatment Program”.

The purpose of this subchapter is to provide for the identification and treatment of optometrists licensed under the Arkansas Optometry Law, § 17-90-101 et seq., who suffer from impairment, in order to promote the public health and safety and to ensure the continued availability …

(1) As used in this subchapter:(1) “Impaired” or “impairment” means the presence of the diseases of alcoholism, drug abuse, or mental illness;(2) “Impaired Optometrist Treatment program” means the State Board of Optometry-approved or sponsored program for the detection, intervent…

(1) The State Board of Optometry may undertake the functions and responsibilities to carry out the purposes of this subchapter, which may include any of the following:(1) Contracting with providers of treatment programs;(2) Receiving and evaluating reports of suspected impairment…

(1) The State Board of Optometry shall develop procedures for:(1) Informing each participant in the Impaired Optometric Treatment program of the program procedures, responsibilities of program participants, and the possible consequences of noncompliance with the program; and(2) V…

(a) If the State Board of Optometry has reason to believe that an optometrist is impaired, the board may cause an evaluation of the optometrist to be conducted for the purpose of determining if there is an impairment. (b) If the board finds after examination and hearing that a li…

(a) An impaired optometrist may request in writing to the State Board of Optometry a restriction of his or her license to practice. (b) The board may grant such a request for restriction and shall have the authority to attach conditions to the licensure of the optometrist to prac…

(a) (1) Notwithstanding any provision of state law, records of the State Board of Optometry pertaining to an impaired optometrist shall be exempt from the Freedom of Information Act of 1967, § 25-19-101 et seq., shall be kept confidential and shall not be subject to discovery or …

An impaired optometrist who is participating in or has successfully completed a treatment program pursuant to this subchapter shall not be limited or restricted in his or her professional practice or excluded from any hospital staff solely because of such participation.

(a) Notwithstanding any other provisions of law, the State Board of Optometry and committees and members thereof shall not be held liable in damages to any person within the scope of their responsibilities pursuant to this subchapter. (b) No person who in good faith and without m…