Professions and Occupationss

(a) The optometrist using telehealth to deliver optometric services or who practices tele-optometric treatment, upon initial contact with the patient shall: (1) Verify the identity of the patient prior to each encounter; (2) Obtain alternative means of contacting the patient; (3)…

(a) The use of eye and vision telehealth services is not appropriate for establishing the doctor-patient relationship, for an initial diagnosis, as a replacement for recommended face-to-face interactions. It is therefore mandated that the doctor-patient relationship begin with an…

(a) A location where a patient shall present to seek optometric care where there is an optometrist present and sufficient technology and equipment to allow for an adequate physical evaluation as appropriate for the patient's presenting complaint. The term requires an optometrist-…

(a) The provider providing the telehealth service from a site other than the patient's current location. The distant site provider shall hold an active Mississippi license. (b) Limitations of telehealth. A provider who uses telehealth services, before providing services, shall gi…

The rules contained in this Part 2901, Chapter 12 are promulgated by the Mississippi Board of Optometry (the "Board") to implement the Mississippi Medical Cannabis Act, SB 2905, Mississippi Legislature Regular Session 2022 (the "Act"). These rules shall apply to all licensees who…

Violation of any of the rules or requirements in this Part 2901, Chapter 12, or of any provision of the Mississippi Medical Cannabis Act, constitutes unprofessional conduct in violation of Miss. Code Ann. § 73-19-23 and may subject a licensee to discipline. Discipline under this …

For the purposes of Part 2901, Chapter 12 the following terms have the meanings indicated: A. "Bona-fide practitioner-patient relationship" means: 1) A certifying practitioner and patient have a treatment or consulting relationship, during the course of which the certifying pract…

A. Registration. Certifying practitioners must register with the Board within 30 days of receiving the unique identifier as assigned by the Mississippi Department of Health. B. General Certification. Certifying practitioners must be authorized and registered with both the Board a…

A. A practitioner who evaluates a patient for certification must maintain a complete medical record.1) The record must contain a record of his or her examination, evaluation and treatment of the patient. 2) The record required by this rule must be maintained in the patient's medi…

A. Practitioners applying to register with the Board as a certifying practitioner must complete continuing education hours.1) Practitioners applying to register with the Board as a certifying practitioner for the first time must complete a minimum of eight (8) hours of CE in the …

Refer to Title 15: Mississippi State Department of Health Part 22: Medical Marijuana Advertising and Marketing Chapter 1, Subchapters 1-5 Regulations for Advertisement and Marketing. Notes 30 Miss. Code. R. 2901-12.6 Miss. Code Ann. § 73-19-9 (1972, as Adopted). Adopted 11/21/202…

Patients are entitled to the same freedom of choice in selecting where to obtain their cannabis as they are in the choice of a certifying practitioner. The following conduct by any certifying practitioner is a direct violation of the Mississippi Medical Cannabis Act and is prohib…

A. Certifying Practitioners who certify patients for cannabis must review the MPMP at each patient encounter involving certification, re-certification, or follow-up related to medical cannabis. 1) MPMP data reviewed shall include all information since the previous review. 2) The …

A. Concomitant Prescribing. 1) The concomitant prescribing of controlled substances after certification for cannabis is generally discouraged and should be done with caution. There is a lack of data currently on the interactions between controlled substances and cannabis. 2) When…

An individual may request the Board for a determination of whether the individual's criminal record will disqualify the individual from obtaining a license. The determination request shall be in writing, filed on a form supplied by the Board and signed in the presence of a notary…

The following regulation is enacted for the purpose of providing reasonable written procedures concerning the cost, time, place, and method of access, under the provisions of the Mississippi Public Record Act of 1983 (Open Records Act). It is not intended that these procedures sh…

A scheduled time shall be established on each agenda to allow the opportunity for public comment on any issue under the jurisdiction of the board. The time allowed an individual spokesperson may be limited at the discretion of the chair. Notes 30 Miss. Code. R. 2901-2.2 Miss Code…

(a). The Board shall consist of five (5) members appointed by the Governor, with advice and consent of the Senate. (b). Each member shall be appointed from a list submitted by The Mississippi Optometric Association consisting of its three (3) members, or by appointment by any qua…

(a). The Board shall make such rules and regulation as may be necessary to carry out the provisions of the statute; provided, however, that it shall require the concurrence of a majority of the member of the board to grant or revoke a license. (b). The Board shall hold meetings f…

(a). The Board will conduct an oral proceeding on a proposed rule or amendment if requested by a political subdivision, an agency or ten (10) persons in writing within twenty (20) days after the filing of the notice of the proposed rule. (b). Each request must be printed, typewri…

These rules set forth the Mississippi State Board of Optometry hereinafter "Board", rules governing the form and content of requests for declaratory opinions, and the Board's procedures regarding the requests as required by Mississippi Code 305. These rules are intended to supple…

The following schedule of fees for examination, registration and renewal of certificates is hereby established: (a) $200.00 for an examination of an applicant who is a resident of Mississippi (b) $300.00 for an examination of an applicant who is a non-resident of Mississippi (c) …

In the case of failure to obtain continuing education hours or to neglect to pay the renewal registration fee herein specified, the board may revoke any certificate granted and the holder thereof may be reinstated by complying with the conditions specified in Section 73-19-21 of …

(a) All therapeutically certified optometrists are required to obtain twenty (20) hours of continuing education (CE) each year for as long as they are in active practice. Ten (10) of these hours shall consist of therapeutic subject matter. 16 must be either, approved by the Couns…

(a) PEP certified Optometrists, that are certified to perform Authorized Ophthalmic Surgical Procedures, such as YAG laser posterior capsulotomy, will be required to complete an outcomes form (provided by the Board) each year during the annual license renewal process. (b). PEP Ce…

The complaint procedure will be as follows: (a) Filing complaints. Complaints shall be filed on the board's complaint form. The board shall adopt the following form as its official complaint form, which shall be maintained at the board's office for use at the request of any compl…

(a) General Statement. In any contested case, opportunity shall be afforded to all parties to respond and present evidence and argument on all issues involved. Unless precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement, conse…

(a) The board shall have the right and may upon majority vote rule that an order denying an application for license or any order canceling, suspending, or revoking any license be probated so long as the probated practitioner conforms to such orders and rules as the board may set …

Any practitioner whose license to practice has been suspended, revoked, or restricted may apply to the Board within a year unless an order from the Board says otherwise. In considering the reinstatement, the Board shall consider all factors it deems relevant, including, but not l…

(a) In accordance with Section 73-19-43 of the Act, penalties may be assessed for violations of the Act or rule or order of the board. (b) The amount of the penalty shall include, but not be limited to:(1) the seriousness of the violation, including nature, circumstances, extent …

(a) No person, other than persons licensed or regulated by Section 73-19-61 shall sell, dispense, or serve as a conduit for the sale or dispensing of contact lenses to the ultimate user of such contact lenses in the state through the mail or any other means other than direct in-p…

(a) The written spectacle prescription of a licensed optometrist shall include the name of the patient, the date the prescription is written, and the expiration date of the prescription. (b) Spectacle prescriptions are defined as follows:(1) sphere power (2) cylinder and axis pow…

(a) No optometrist shall delegate authority to a lay person to perform any act requiring the exercise of professional knowledge and judgment on any patient whose visual welfare is the responsibility of the licensed optometrist. (b) Non- licensed supportive personnel may not deleg…

(a) The provisions of this section are adopted in order to protect the public in the practice of optometry or therapeutic optometry, better enable members of the public to fix professional responsibility, and further safeguard the doctor-patient relationship. No optometrist or th…

No optometrist shall give or receive a commission or make a secret division of fees, by whatever permit may be called, or under guise or any pretext whatsoever from any unlicensed optometrist, person, firm or corporation to secure optometric patients. Notes 30 Miss. Code. R. 2901…

The name of each optometrist practicing at each main or branch office shall be clearly posted in public view on or near each entrance used by the public or in each public waiting facility of such location. Notes 30 Miss. Code. R. 2901-8.11 Miss Code Ann. § 73-19-9 Amended 11/21/2…

An optometrist may incorporate under current Mississippi Professional Corporation Laws. Any optometrist so incorporated or employed by a Professional Corporation shall abide by all of the optometry laws and the rules, regulations and orders of the Mississippi State Board of Optom…

(a) No optometrist shall by any means or method disseminate to his/her patients or the public information that is false, fraudulent, deceptive, misleading, or unfair; or information which contains any unverifiable statement or claim relating to the quality of the optometric servi…

Any optometrist who willfully violates the Optometry Law of Mississippi, any of the rules and regulations of the State board of Optometry, or other lawfully adopted laws or regulations related to the practice of optometry, shall upon the filing of charges and after hearing before…

Any person licensed to practice optometry in this State shall, and at least fourteen (14) days prior to the change, send written notice to the board of any change in floor plan his/her office telephone number, his/her business street address, and/or mailing address for any office…

(a) In order to safeguard the visual welfare of the public and the doctor-patient relationship, fix professional responsibility, establish standards of professional surroundings, more nearly secure to the patient the optometrist's or therapeutic optometrist's undivided loyalty an…

(a) The purpose of this section is to insure that the practices of optometry and therapeutic optometry shall be carried out in such a manner that they are completely and totally separated from the business of any dispensing optician, with no control of one by the other and no sol…

(a) No optometrist shall permit ownership of his prescription files, patient records, and business records, by any individual or entity other than himself, with the exception set forth on § 73-29-103. (b) A patient may, upon written request, obtain a report of the patient's optom…

No optometrist shall enter into an arrangement: (a) allowing, permitting, encouraging, forbearing, or condoning any advertisement, including those placed in a newspaper, magazine, brochure, flier, telephone directory, or on television or radio, which implies or suggests that the …

(a) Confidential Information; Disclosure. (1) An optometrist shall keep in confidence whatever he or she may learn about a patient in the discharge of his or her professional duties. All reports and records relating to the patient, including those records relating to the identity…

Every optometrist will refrain from any exaggeration of the patient's visual disturbances. Any optometrist presented with a claim against him involving his professional services, by letter or lawsuit, shall the same day as received report the same in writing to the Executive Dire…

No deceptive, false or misleading guarantee or claim of curative results or professional abilities shall be made by any optometrist related to his professional services or any ophthalmic material. Notes 30 Miss. Code. R. 2901-8.8 Miss Code Ann. § 73-19-9 Amended 11/21/2022