Title 32, Title 32

The board shall adopt rules that are necessary for the implementation of this chapter. The rules may include, but need not be limited to, requirements for licensure, license renewal and license reinstatement as well as practice setting standards that apply to individuals licensed…

1. Requirements. A license applicant must meet the following requirements before licensure: A. Be a graduate of a learning institution accredited by the ACOE; [PL 2023, c. 580, §8 (NEW).] B. Pass all examinations required by the board; and [PL 2023, c. 580, §8 (NEW).] C. Satisfy …

An individual may not practice optometry in this State without first obtaining a license from the board, but this chapter does not apply to individuals already licensed to practice medicine within this State.

1. Board to establish process. The board shall establish a process to issue a license by endorsement to a license applicant who presents proof of licensure by another jurisdiction of the United States or a territory of the United States as long as the other jurisdiction or territ…

1. Pharmaceutical agents or drug samples. Only an optometrist licensed under this section may use or dispense pharmaceutical agents or drug samples. 2. Levels of licensure. The following are the levels of licensure. A. The board may only issue a therapeutic advanced glaucoma lice…

1. Annual renewal. An optometrist licensed by the board shall pay annually, before the first day of April, to the board a license renewal fee not in excess of $600, as established by the board under section 19202. 2. Late fee. A license may be renewed up to 90 days after the date…

A licensee in active practice shall display the license in a public area of the office where the licensee practices.

As a condition of renewal of a license to practice, a license applicant must complete continuing education during the licensing cycle prior to application for renewal. The board may prescribe by rule the content and types of continuing education activities that meet the requireme…

A licensee shall be held to the same standard of care in diagnosis, treatment and management of patient care as that degree of skill and proficiency commonly exercised by a physician with a specialty in eye care in this State. A licensee shall ensure that the services provided ar…

1. Minimum standards. The following are minimum standards for an eye examination: A. A history of the patient's ocular and medical care; [PL 2023, c. 580, §8 (NEW).] B. A record of the entrance visual acuity of each eye; [PL 2023, c. 580, §8 (NEW).] C. A physical examination of e…

An optometrist shall maintain complete records of all eye care provided, as well as any prescriptions or programs of corrective procedure. This information for each patient must be kept and be available for a period of not fewer than 10 years.

The following provisions govern the operation of kiosks by any person. [PL 2023, c. 580, §8 (NEW).] 1. Minimum standards for eye examination. Ownership and operation of a kiosk, including use of a kiosk by any person, must comply with the minimum standards for an eye examination …

1. Minimum requirements. The following are the minimum requirements for prescriptions. A. A prescription must include the name of the patient, the date of the prescription and the name and office location of the prescriber. [PL 2023, c. 580, §8 (NEW).] B. An ophthalmic prescripti…

1. Board may investigate complaints. The board may investigate a complaint, on its own initiative or upon receipt of a written complaint, regarding noncompliance with or violation of this chapter or of rules adopted by the board, including but not limited to complaints against an…

1. Forms of disciplinary action; grounds. The board may deny or refuse to renew a license or suspend or revoke a license and may impose other discipline for any of the following reasons: A. The practice of fraud, deceit or misrepresentation in obtaining a license from the board, …

1. Association. An optometrist may practice only in an individual capacity under the optometrist's own name or in association with a licensed practitioner of optometry or with a physician. 2. Prohibited mercantile employment. A licensee may not practice optometry as a full or par…

A licensed optometrist may not associate with an individual who is not a licensed optometrist or a copartnership, firm or corporation for the promotion of a commercial practice for profit or division of profit that enables the individual, copartnership, firm or corporation to eng…

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2023, c. 580, §8 (NEW).] 1. Asynchronous encounter. "Asynchronous encounter" means an interaction between a patient and a licensee through a system that has th…

A person licensed under this chapter may provide telehealth services as long as the licensee acts within the scope of practice of the licensee's license, in accordance with any requirements and restrictions imposed by this subchapter and in accordance with standards of practice.

When providing telehealth services, a licensee shall comply with all state and federal confidentiality and privacy laws.

All laws and rules governing professional responsibility, unprofessional conduct and generally accepted standards of practice that apply to a licensee also apply to that licensee while providing telehealth services.

The board shall adopt rules governing telehealth services by a person licensed under this chapter in accordance with section 19204. These rules must establish standards of practice and appropriate restrictions for the various types and forms of telehealth services.

1. Optometrist taking over established practice. An optometrist taking over an established practice shall clearly indicate that the new optometrist is responsible individually for the practice, but the optometrist may use the term: "succeeded by," "successor to" or "succeeding" f…

A licensee who is unwilling or unable to operate a practice pursuant to this chapter shall notify the board as soon as practicable and in no event later than 30 days before closure of the practice if there is no successor licensee.