Maryland Administrative Code

.01 Definition. “Board” means the Board of Examiners in Optometry.

.02 Requirements for Licensure. A. Preprofessional education—completion of 2 years of pre-optometric college study in an accredited institution of higher learning or its equivalent. B. Professional education — completion of 4 scholastic years at: (1) An accredited college of opto…

.03 Application for Licensure. A. An applicant shall complete and file an application on the form provided by the Board on request. B. The applicant shall submit the following information: (1) Full name, residence, and date and place of birth; (2) A recent photograph of the appli…

.04 Examination. A. The Board shall require candidates for licensure to take and pass the National Board of Examiners in Optometry’s (NBEO) exam, including the Treatment and Management of Ocular Disease (TMOD) Examination and clinical exam sections. B. A candidate for licensure s…

.05 Waiver of Examination. Standards for licensure with partial waiver of examination are set forth in Health Occupations Article, §11-305, Annotated Code of Maryland.

.06 License Renewal. A. The Board may not renew a license until the Comptroller of Maryland has verified that the individual has paid all undisputed taxes and unemployment insurance contributions, or arranged for repayment, as required by COMAR 10.31.02. B. A licensee shall renew…

.07 Change of Mailing Address, Legal Name, or Email Address. A. A licensed optometrist shall give the Board written notice within 30 days of a change of: (1) Mailing address; (2) Legal name; or (3) Email address if the licensee has previously submitted an email address to the Boa…

.01 Scope. This chapter governs procedures for disciplinary matters and hearings before the State Board of Examiners in Optometry.

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Administrative law judge” means the hearing officer assigned to preside over a hearing in cases which the Board has delegated to the Office of Administrative Hearings. (2)…

.03 Confidentiality of Proceedings. A. Except as otherwise provided by law, the proceedings of the Board are confidential and that confidentiality may not be waived by the parties. B. The Office of Administrative Hearings' proceedings involving the adjudication of a Board contest…

.04 Representation by Counsel. A. A respondent may be represented by counsel in any matter before the Board and at any stage of the proceedings. B. If the matter goes to a hearing, the respondent shall be represented in proper person or by an attorney who has been: (1) Admitted t…

.05 Proceedings under Health Occupations Article, §11-313, Annotated Code of Maryland. A. Investigation of Complaints. (1) The Board may: (a) Make a preliminary review of each complaint; and (b) Recommend that cases involving complaints over which the Board has no jurisdiction be…

.06 Proceedings under Health Occupations Article, §11-313, Annotated Code of Maryland — Sanctions, Hearings, and Final Order. A. Surrender of License. (1) The Board may require conditions for surrender of a license, including, but not limited to: (a) The admission of a violation …

.07 Summary Suspension of a License. A. Pursuant to its authority under State Government Article, §10-226(c)(2), Annotated Code of Maryland, the Board shall order the summary suspension of a license if the Board determines that there is a substantial likelihood that a licensee po…

.08 Probation and Violation of Probation Proceedings. A. If the Board imposes a period of probation as a sanction, the Board may impose conditions of probation which the Board deems appropriate, including: (1) Re-education or completion of approved courses; (2) Payment of a fine;…

.09 Restoration of a License. A. Reinstatement. (1) A licensee shall petition the Board for a lifting of a suspension of a license or a reinstatement following revocation or surrender of a license. (2) A licensee who petitions the Board for reinstatement pursuant to terms and con…

.10 Judicial Review. A final order of the Board is subject to judicial review as provided in Health Occupations Article, §11-318, and State Government Article, §10-222, Annotated Code of Maryland.

.11 Imposition of Penalties. The Board may impose a civil monetary penalty in lieu of or in addition to a disciplinary sanction authorized by Health Occupations Article, §11-313, Annotated Code of Maryland as provided in COMAR 10.28.13.

.12 Consideration and Notice of Board Files. In any matter governed by this chapter, the Board may take official notice of any information contained in the Board's files.

.01 Inactive Status. The Board shall place a license on inactive status, if the licensee submits to the Board: A. An application for inactive status on the form required by the Board; and B. The inactive status fee required by COMAR 10.28.07.

.02 Application for Active Licensure by Optometrist on Inactive Status. An optometrist who is on inactive status may apply for reinstatement of active licensure. The Board shall issue an active license if the optometrist: A. Submits to the Board satisfactory proof of completion o…

.03 Reinstatement of Expired License. A. Any optometrist whose license has been expired for less than 5 years and who has not been put on inactive status may apply for reinstatement of their license. The Board may reinstate the license if the optometrist: (1) Submits to the Board…

.01 Scope. These regulations establish criteria the Board considers necessary to perform a minimum optometric examination, maintain certain records, and have on hand certain instrumentation and equipment required to carry out procedures for the minimum examination.

.02 Patient History. An optometrist shall review the patient's history and shall create a written, oral, or electronic record of the following: A. Previous vision examinations, prescriptions, treatment programs; B. Patient's general health history including ocular health, familia…

.03 Examination. A licensee shall perform all necessary tests, evaluations, and observations in accordance with Health Occupations Article, §11-208(a), Annotated Code of Maryland, to ensure appropriate optometric management of the patient's ocular, systemic, visual, and psychosoc…

.04 Records. A licensed optometrist shall maintain thorough records of all testing procedures, results, and case dispositions in accordance with Health-General Article, §4-403, Annotated Code of Maryland. The optometrist shall record all tests, evaluations, and observations perfo…

.05 Equipment. A licensed optometrist shall have on hand all necessary equipment in good working condition to perform the procedures as required in Regulations .03 and .04 of this chapter.

.01 Scope. These regulations govern all persons licensed as optometrists by the State.

.02 Fees. The following fees are established by the Board: A. Application fee—$300; B. Biennial renewal license fee— $600; C. Inactive license fee—$250; D. Late fee (payable if renewal fee is received within the 30-day grace period)—$100; E. Reinstatement fee (payable after failu…

.03 Change of Fees. Fees are subject to change by action of the Board of Examiners in Optometry. All licensees and applicants will be notified of the change.

.01 Definition. A. In this chapter, the following term has the meaning indicated. B. Term Defined. “Active practice” means practices optometry for at least a total of 500 hours within 3 consecutive years, immediately before applying for licensure.

.02 Application. A. An applicant for licensure under this chapter shall: (1) Complete and submit to the Board an application; (2) Pay the application fee required by COMAR 10.28.07.02; and (3) Submit proof that the applicant meets the requirements of Health Occupations Article, §…

.03 Examination. An approved applicant for licensure under this chapter shall: A. Be given a Maryland Board of Examiners in Optometry jurisprudence examination; and B. Obtain a minimum score of 75 percent.

.01 Scope. These regulations govern advertising by optometrists in Maryland.

.02 Definitions. A. The following terms have the meanings indicated. B. Terms Defined. (1) “Advertising” means calling to the attention of the public the services one has to offer, including, but not limited to, by written, oral, or electronic methods. (2) “Board” means the State…

.03 Advertising. A. An optometrist may advertise the optometrist's services subject to the provisions of this regulation. B. An advertisement may not contain statements: (1) Containing misrepresentation of facts; (2) Likely to mislead or deceive because in context the statements …

.04 Solicitation. A. An optometrist may not engage in solicitation, including but not limited to in-person, telephone, facsimile, internet, or direct mail solicitation which: (1) Amounts to fraud, undue influence, intimidation, or overreaching; (2) Contains statements which would…

.05 Penalties for Violation. A violation of these regulations pertaining to the use of advertising shall constitute unprofessional conduct and may result in disciplinary action against the optometrist under Health Occupations Article, §§11-205 and 11-313, Annotated Code of Maryla…

.01 Scope. These regulations govern all optometrists licensed to practice in Maryland.

.02 Practitioner Identification. Licensed practicing optometrists shall, in an appropriate manner, ensure that the patient knows the identity of the provider of optometric care by providing that: A. The names of the optometrists providing services are conspicuously posted in the …

.01 Definitions. A. In this chapter, the following term has the meaning indicated. B. Term Defined. “Optometric management of ocular disease” means the use of optometric services and techniques to determine the most appropriate and timely referral for ocular disease.

.02 Diagnostic Pharmaceutical Agents. A. An optometrist certified by the Board as qualified to administer diagnostic pharmaceutical agents may use the following agents: (1) Agents directly or indirectly affecting the pupil of the eye, including, but not limited to, the mydriatics…

.03 Certification. A. The Board will certify an optometrist licensed to practice in Maryland as qualified to administer diagnostic pharmaceutical agents if the licensed optometrist meets one of the following criteria: (1) Graduation from an accredited school of optometry within 7…

.04 Renewal of Certification. A. An optometrist certified under this chapter shall complete 6 credit hours of continuing education every 2 years in the use of diagnostic pharmaceutical agents in the diagnosis and optometric management of ocular disease. B. The 6 credit hours of c…

.05 Reporting. An optometrist certified to use diagnostic pharmaceutical agents shall report to the Board, on the form provided by the Board, any incident of adverse reaction to the administration of diagnostic pharmaceutical agents.

.01 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Adverse drug reaction” means a physical or psychological reaction experienced by a patient which: (a) Results from the administration of diagnostic or therapeutic pharmace…

.02 Requirements for Certification. A. Except for an optometrist who qualifies under §C or D of this regulation, the Board shall certify an optometrist licensed to practice in Maryland as qualified to use TPAs if the licensed optometrist submits to the Board evidence satisfactory…