Mississippi Administrative 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

No registered optometrist when using the doctor title shall qualify it in any other way than by the use of the "Optometrist", "Therapeutic Optometrist", " PEP Certified Optometrist". He may, however, when not using the prefix, use after his/her name the "O.D." degree designation.…

(a) In order to insure an adequate examination in the initial examination of the patient, the optometrist or therapeutic optometrist shall make and record, if possible, the following findings of the condition of the patient: (1) case history (ocular, physical, occupational, and o…

Each Optometrists must have the equipment to practice to the current standard of care to include but not limited to the following: An Ophthalmoscope, a retinoscope; an Ophthalmometer or Keratometer and a Refractor, or a trial frame with trial case auxiliary prisms and lenses, tes…

Every optometrist in active practice in this State shall designate in writing on his license application or renewal form one fixed location as his main office and shall identify any branch office locations then existing. A branch office is defined as any fixed location where the …

Each office shall be registered with the Mississippi State Board of Optometry. The Optometrists license must be displayed in each office location and shall be furnished by the board at a fee to be determined by the board. Notes 30 Miss. Code. R. 2901-9.4 Miss Code Ann.§ 73-19-3 A…

No optometrist shall open an office or branch office for the practice of optometry in this State without first providing the board with a scale drawing of the floor plan of such proposed office showing the location of instruments and equipment and a dated certificate signed by th…

This chapter applies to all oral proceedings held for the purpose of providing the public an opportunity to make oral presentations or written input on proposed new rules or regulations, amendments to rules or regulations and proposed repeal of existing rules or regulations befor…

The Board will conduct an oral proceeding on a proposed regulation 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 regulation. A. Each request must be submitted o…

The date, time and place of all oral proceedings shall be filed with the Secretary of State's office and mailed to each requestor. The oral proceedings will be scheduled no earlier than twenty (20) days from the filing of this information with the Secretary of State. Notes 30 Mis…

The Board President or his designee, who is familiar with the substance of the proposed regulation, shall preside at the oral proceeding on a proposed regulation. Notes 30 Miss. Code. R. 3002-1.4 Miss. Code Ann. § 25-43-2.104 Adopted 3/1/2017 Amended 11/3/2024

A. At an oral proceeding on a proposed regulation, persons may make oral statements and make documentary and physical submissions, which may include data, views, comments or arguments concerning the proposed regulation. B. Persons wishing to make oral presentations at such a proc…

A. The presiding officer shall have authority to conduct the proceeding in his or her discretion for the orderly conduct of the proceeding. The presiding officer shall: 1. call proceeding to order; 2. give a brief synopsis of the proposed regulation, a statement of the statutory …

The public may obtain information regarding operations and responsibilities of the Mississippi Board of Pharmacy, the Pharmacy Practice Act, Board Regulations and other pertinent information by contacting the Board office at 6360 1-55 North, Suite 400, Jackson, Mississippi 39211-…

This chapter sets forth the Board's rules governing the form, content, and filing of requests for declaratory opinions, the procedural rights of persons in relation to the written requests, and the Board's procedures regarding the disposition of requests as required by Mississipp…

Declaratory opinions and requests for declaratory opinions shall be available for public inspection and copying in accordance with the Public Records Act and the Board's public records request procedure. All declaratory opinions and requests shall be indexed by requestor's name, …

The Board may give notice to any person, agency or entity that a declaratory opinion has been requested and may receive and consider data, facts, arguments and opinions from other persons, agencies or other entities other than the requestor. Notes 30 Miss. Code. R. 3002-2.11 Miss…

The Board will not pursue any civil, criminal or administrative action against a person who is issued a declaratory opinion from the Board and who, in good faith, follows the direction of the opinion and acts in accordance therewith unless a court of competent jurisdiction holds …