North Carolina Administrative Code

21 NCAC 40 .0415 PETITION FOR INTERVENTION (a) A person desiring to intervene in a contested case must file a written petition with the Board's office. The request should bear the notation: PETITION TO INTERVENE IN THE CASE OF (Name of case). (b) The petition must include the fol…

21 NCAC 40 .0416 TYPES OF INTERVENTION (a) Intervention of Right. A petition to intervene as of right, as provided in the North Carolina Rules of Civil Procedure, Rule 24, will be granted if the petitioner meets the criteria of that rule and the petition is timely. (b) Permissive…

21 NCAC 40 .0417 DISQUALIFICATION OF BOARD MEMBERS (a) Self-disqualification. If for any reason a Board member determines that personal bias or other factors render that member unable to hear a contested case and perform all duties in an impartial manner, that Board member shall …

21 NCAC 40 .0418 SUBPOENAS (a) Requests for subpoenas for the attendance and testimony of witnesses or for the production of documents, either at a hearing or for the purposes of discovery, shall be made in writing to the Board, shall identify any document sought with specificity…

21 NCAC 40 .0419 WITNESSES Any party may be a witness and may present witnesses on the party's behalf at the hearing. All oral testimony at the hearing shall be under oath or affirmation and shall be recorded. At the request of a party or upon the Board's own motion, the presidin…

21 NCAC 40 .0420 FINAL DECISION In all cases heard by the Board, the Board will issue its decision within 60 days after its next regularly scheduled meeting following the close of the hearing. This decision will be the prerequisite "final agency decision" for the right to judicia…

21 NCAC 40 .0421 PROPOSALS FOR DECISIONS (a) When an administrative law judge conducts a hearing pursuant to G.S. 150B-40(e), a "proposal for decision" shall be rendered within 45 days of the hearing pursuant to the Rules of the Office of Administrative Hearings, 26 NCAC 3 .0026.…

21 NCAC 40 .0422 MOTIONS FOR CONTINUANCE (a) The Chair or presiding officer shall grant motions for a continuance of a hearing upon a showing of good cause. In determining whether good cause exists, the Chair or presiding officer shall consider the ability of the party requesting…

Chapter 42 – board of examiners in Optometry SUBCHAPTER 42A - ORGANIZATION 21 NCAC 42A .0101 Contacting the board The Board mailing address is 521 Yopp Rd., Suite 214 #444, Jacksonville, NC 28540. The Board's phone number is (910) 285-3160; its toll free number is (800) 426-4457 …

21 NCAC 42A .0102 PURPOSE The purpose of the Board is to regulate the practice of optometry in the State of North Carolina, and to carry out the purposes and enforce the provisions of the laws of North Carolina relating thereto. History Note: Authority G.S. 90-116; 90-121.2(a); E…

21 NCAC 42A .0105 DEFINITIONS The following definitions apply to 21 NCAC 42 only: (1) The term "Board" refers to the North Carolina State Board of Examiners in Optometry. (2) The term "President" refers to the President of the North Carolina State Board of Examiners in Optometry.…

SUBCHAPTER 42B - LICENSE TO PRACTICE OPTOMETRY SECTION .0100 - LICENSE BY EXAMINATION 21 NCAC 42B .0101 APPROVED SCHOOLS OF OPTOMETRY The Board may grant recognition and approval, deny or rescind recognition and approval, or make any recognition and approval granted by the Board …

21 NCAC 42B .0102 REQUIREMENTS FOR LICENSURE History Note: Authority G.S. 90-118; Eff. February 1, 1976; Readopted Eff. May 30, 1978; Repealed Eff. September 30, 1981.

21 NCAC 42B .0103 APPLICATION FOR LICENSURE BY EXAMINATION One desiring to obtain the application form for licensure by examination shall specify the date of the examination when requesting the application form. The application shall be made on Form BEO-1 supplied by the Board. T…

21 NCAC 42B .0104 APPLICATION FOR LICENSURE BY RECIPROCITY History Note: Authority G.S. 90-117.5; 90-118.5; Eff. February 1, 1976; Readopted Eff. May 30, 1978; Amended Eff. April 1, 1993; June 1, 1989; September 30, 1981; Repealed Eff. August 1, 2012.

21 NCAC 42B .0105 APPLICATION FOR INTERN PERMIT History Note: Authority G.S. 90-118.8; 90-117.5; Eff. February 1, 1976; Readopted Eff. May 30, 1978; Repealed Eff. September 30, 1981.

21 NCAC 42B .0106 FEES History Note: Authority G.S. 90-117.5; 90-123; Eff. February 1, 1976; Readopted Eff. May 30, 1978; Amended Eff. September 30, 1981; Repealed Eff. June 1, 1989.

21 NCAC 42B .0107 National Board EXAMINATIONS (a) Each applicant shall direct the National Board of Examiners in Optometry (NBEO) to release his or her official score report to the Board as evidence of having achieved a passing score as determined by the NBEO on: (1) Parts I and …

21 NCAC 42B .0108 CLINICAL PRACTICUM EXAMINATIONS (a) Each applicant, after paying the fee set in Subchapter 42J and having met the requirements of Rule .0107 of this Subchapter, will be given clinical practicum examinations which may be in oral, written, clinical and practical f…

21 NCAC 42B .0109 CLINICAL EXAMINATION History Note: Authority G.S. 90-118; Eff. February 1, 1976; Readopted Eff. May 30, 1978; Repealed Eff. September 30, 1981.

21 NCAC 42B .0110 PASSING SCORE An applicant must attain an average grade of 75 on the clinical practicum examinations to pass the examination and be issued a license. No applicant who has received a grade of less than 60 on any part of the clinical practicum examination shall be…

21 NCAC 42B .0111 RESIDENCY History Note: Authority G.S. 90-117.5; Eff. February 1, 1976; Readopted Eff. May 30, 1978; Amended Eff. September 30, 1981; Repealed Eff. June 1, 1989.

21 NCAC 42B .0112 TIME AND LOCATION There shall be at least one examination for the purpose of licensure held each year for those persons applying for a license to practice optometry in the State of North Carolina. Said examination shall be at such time and location as the Board …

21 NCAC 42B .0113 REEXAMINATION (a) A completed application, except for school transcripts, birth certificate, and National Board scores, is required in case of reexamination. The completed application accompanied by the proper fee must be received in the Board office 60 days pri…

21 NCAC 42B .0114 MILITARY LICENSE (a) Permanent Unrestricted License Military Optometrist: The Board shall issue a permanent license to a military-trained applicant to allow the applicant to lawfully practice optometry in North Carolina if, upon application to the Board, the app…

SECTION .0200 - RESPONSIBILITY TO SUPPLY INFORMATION 21 NCAC 42B .0201 BEGINNING PRACTICE; RELOCATING PRACTICE Prior to beginning practice, a licensee shall notify the Board in writing as to the full and complete mailing address, including the street address, of his or her office…

21 NCAC 42B .0202 BRANCH OFFICE (a) A branch office is any location, facility, or mobile facility, other than an optometrist's primary office location, in which the optometrist provides professional optometric services as provided in G.S. 90-114(1)-(3). (b) Before opening or begi…

21 NCAC 42B .0203 TEMPORARY OR RELIEF OPTOMETRIST Before providing optometric services on a temporary or relief basis for which he will receive compensation, for any period of time, an optometrist must first obtain a duplicate license for each location at which he will provide su…

21 NCAC 42B .0204 CEASING PRACTICE (a) In the event an optometrist shall cease to practice at any practice location (primary or branch) as defined in Rules .0201 and .0202 of this Section, the optometrist shall notify the Board in writing within ten days of ceasing practice, indi…

SECTION .0300 - ANNUAL LICENSE RENEWAL 21 NCAC 42B .0301 FEE History Note: Authority G.S. 90-123; Eff. February 1, 1976; Readopted Eff. May 30, 1978; Amended Eff. September 30, 1981; Repealed Eff. June 1, 1989.

21 NCAC 42B .0302 CONTINUING EDUCATION (a) Each optometrist holding a certificate of registration shall take annual courses of study approved by the Board as related to and essential to the practice of optometry as defined in G.S. 90-114. The Board shall approve courses whose con…

21 NCAC 42B .0303 FAILURE TO MEET continuing EDUCATION REQUIREMENT For a first failure to comply with 21 NCAC 42B .0302 the Board may require that the optometrist complete an additional five hours of attendance at approved continuing education programs. In the calendar year follo…

21 NCAC 42B .0304 application for license renewal To apply for license renewal, the licensee shall fully and accurately complete the application that is available through the portal on the Board's website. The application shall be made available before November 15 of each year pr…

21 NCAC 42B .0305 SUSPENSION OF AUTHORITY TO EXPEND FUNDS In the event the Board's authority to expend funds is suspended pursuant to Session Law 2009-125, the Board shall continue to issue and renew licenses and all fees tendered shall be placed in an escrow account maintained b…

SUBCHAPTER 42C - PROFESSIONAL CORPORATIONS AND LIMITED LIABILITY COMPANIES 21 NCAC 42C .0101 CERTIFICATION OF REGISTRATION (REPEALED) History Note: Authority G.S. 90-117.5; 55B-12; Eff. February 1, 1976; Readopted Eff. May 30, 1978; Repealed Eff. September 30, 1981.

21 NCAC 42C .0102 APPLICATION An optometrist who has a certificate of registration issued by the Board may make application to the Board for a certificate of registration for a "professional corporation" or "professional limited liability company". When the Board makes the findin…

21 NCAC 42C .0103 FEE History Note: Authority G.S. 55B-10; Eff. February 1, 1976; Readopted Eff. May 30, 1978; Repealed Eff. June 1, 1989.

21 NCAC 42C .0104 NAMING CORPORATION OR LIMITED LIABILITY COMPANY (a) A corporate or limited liability company name must include either: (1) the name of a shareholder or member of the corporation or limited liability company and the shareholder's or member's degree; or (2) the wo…

21 NCAC 42C .0105 ANNUAL RENEWAL A certificate of registration for a professional corporation or professional limited liability company must be renewed on or before December 31. The required renewal fee must accompany the application. History Note: Authority G.S. 55B-11; 57C-2-01…

21 NCAC 42C .0106 COMPLIANCE WITH LAW: RULES AND REGULATIONS History Note: Authority G.S. 90-117.5; 55B-9; Eff. February 1, 1976; Readopted Eff. May 30, 1978; Repealed Eff. September 30, 1981.

SUBCHAPTER 42D - OPTOMETRIC ASSISTANT AND TECHNICIAN 21 NCAC 42D .0101 DEFINITIONS History Note: Authority G.S. 90-115.1(6); 90-117.5; Eff. February 1, 1976; Readopted Eff. May 30, 1978; Amended Eff. June 1, 1989; September 30, 1981; Pursuant to G.S. 150B-21.3A, rule is necessary…

21 NCAC 42D .0102 FUNCTION (a) For the purposes of this Rule, "paraoptometric personnel" means an optometric assistant, optometric technician, or similarly titled position who qualifies by training and experience to perform duties of an administrative, technical, or clinical natu…

21 NCAC 42D .0107 QUALIFICATION BY EXAMINATION History Note: Authority G.S. 90-115.1(6); 90-117.5; Eff. February 1, 1976; Readopted Eff. May 30, 1978; Repealed Eff. September 30, 1981.

21 NCAC 42D .0108 TERMINATION OF REGISTRATION History Note: Authority G.S. 90-115.1(6); 90-117.5; Eff. February 1, 1976; Readopted Eff. May 30, 1978; Amended Eff. June 1, 1989; September 30, 1981; Repealed Eff. August 1, 2012.

21 NCAC 42D .0109 FEES History Note: Authority G.S. 90-115.1(6); 90-117.5; Eff. February 1, 1976; Readopted Eff. May 30, 1978; Amended Eff. September 30, 1981; Repealed Eff. June 1, 1989.

SUBCHAPTER 42E - MODE OF PRACTICE SECTION .0100 - RESPONSIBILITY FOR PATIENTS 21 NCAC 42E .0101 PROFESSIONAL CODE The optometrist shall keep the visual welfare of the patient uppermost at all times, promote the best care of the visual needs of mankind, strive continuously to deve…

21 NCAC 42E .0102 PROFESSIONAL RESPONSIBILITY In keeping with the professional code, the optometrist shall: (1) attend to the visual needs of all those seeking his services without regard to financial remuneration; (2) maintain adequate equipment and instruments in his office at …

21 NCAC 42E .0103 PRESCRIPTIONS; DISPENSING (a) All prescription forms shall conform to 21 NCAC 46 .2301 and shall include the name, address, state licensure number, and the Drug Enforcement Administration number of the prescriber, if applicable. The provisions of 16 C.F.R. 315.2…

21 NCAC 42E .0104 ACCESS TO AND CONTROL OVER PRACTICE (a) The licensee shall maintain full and independent control of the scheduling and provision of his optometric services. (b) Each licensee is responsible for and shall retain full and independent control of information dissemi…

SECTION .0200 - ETHICS 21 NCAC 42E .0201 GENERAL (a) The optometrist shall conduct his practice in a decorous, dignified and professional manner and in keeping with the rules as adopted by the Board. (b) It is the continuing responsibility of the optometrist to maintain control o…