South Dakota Administrative Code

Rule 20:50:04:08 Repealed. 20:50:04:08. Use of office for advertising.Repealed. Source: 6 SDR 66, effective January 8, 1980; repealed, 12 SDR 78, effective November 10, 1985.

20:50:04:09. Division of fees -- Payments to employees. An optometrist may not directly or indirectly divide, share, split, or allocate a fee for optometric services or materials with a layperson, firm, or corporation, or another optometrist or licensed medical practitioner, exce…

Rule 20:50:04:10 Repealed. 20:50:04:10. Fees based on services rendered.Repealed. Source: 6 SDR 66, effective January 8, 1980; repealed, 12 SDR 78, effective November 10, 1985.

20:50:04:11. Improper business relationships. The following business relationships are prohibited: (1) An office rental, lease, or office space-sharing arrangement that, by virtue of location, causes the optometrist to be in violation of SDCL 36-7-17 by being directly employed by…

20:50:04:12. Scope of practice -- Procedural codes. Repealed. Source: 32 SDR 225, effective July 5, 2006; 49 SDR 12, effective August 14, 2022.

20:50:04:13. Delegation to unlicensed personnel. An optometrist may delegate tasks to trained, unlicensed personnel under the supervision of an optometrist. The unlicensed personnel may not perform any task that requires the exercise of professional clinical judgment or interpret…

20:50:04:14. Telehealth. The same standard of care applies to the practice of optometry, whether provided in-person or via telehealth. An optometrist may not provide telehealth services unless the optometrist has established a provider-patient relationship with the patient in com…

20:50:05:01. Advertising. False, fraudulent, deceptive, misleading, or sensational advertising is prohibited. Advertising, whether paid for or not, is considered prohibited under this section if it meets any of the following criteria: (1) Contains a misrepresentation of fact or o…

Rule 20:50:05:02 Repealed. 20:50:05:02. Advertising by new registrant or old registrants changing location.Repealed. Source: 6 SDR 66, effective January 8, 1980; repealed, 12 SDR 78, effective November 10, 1985.

Rule 20:50:05:03 Repealed. 20:50:05:03. Advertising change of hours.Repealed. Source: 6 SDR 66, effective January 8, 1980; repealed, 12 SDR 78, effective November 10, 1985.

Rule 20:50:05:04 Repealed. 20:50:05:04. Mailed announcements.Repealed. Source: 6 SDR 66, effective January 8, 1980; repealed, 12 SDR 78, effective November 10, 1985.

Rule 20:50:05:05 Repealed. 20:50:05:05. Use of name by others.Repealed. Source: 6 SDR 66, effective January 8, 1980; repealed, 12 SDR 78, effective November 10, 1985.

Rule 20:50:05:06 Repealed. 20:50:05:06. Notice of change of location.Repealed. Source: 6 SDR 66, effective January 8, 1980; repealed, 12 SDR 78, effective November 10, 1985.

Rule 20:50:05:07 Repealed. 20:50:05:07. External signs.Repealed. Source: 6 SDR 66, effective January 8, 1980; repealed, 12 SDR 78, effective November 10, 1985.

Rule 20:50:05:08 Repealed. 20:50:05:08. Types of advertising prohibited.Repealed. Source: 6 SDR 66, effective January 8, 1980; repealed, 12 SDR 78, effective November 10, 1985.

Rule 20:50:05:09 Repealed. 20:50:05:09. Limitations on certain advertising.Repealed. Source: 6 SDR 66, effective January 8, 1980; repealed, 12 SDR 78, effective November 10, 1985.

20:50:06:01. Minimum office equipment. A licensed optometrist's office must contain the following equipment, maintained in good condition: (1) Ophthalmic chair and instrument unit; (2) Retinoscope; (3) Direct ophthalmoscope; (4) Binocular indirect ophthalmoscope; (5) Phoropter; (…

20:50:06:01.01. Telehealth office equipment. In addition to the equipment in § 20:56:06:01, an optometrist providing telehealth services shall maintain an office containing the following equipment, maintained in good condition: (1) Anterior segment video recording system; and (2)…

20:50:06:02. Inspection of office for a new applicant. The board shall conduct an office inspection, in accordance with SDCL 36-7-30, prior to the issuance of a license, unless the applicant: (1) Indicates on the initial license application that the applicant has arranged a bona …

20:50:06:02.01. Inspection of office for new establishments. A licensed optometrist shall inform the board within sixty days of establishing a new practice of optometry in this state for purposes of inspection in accordance with SDCL 36-7-30. The licensee shall appear in person f…

Rule 20:50:07:01 Minimum comprehensive optometric examination. 20:50:07:01. Minimum comprehensive optometric examination. When a comprehensive examination is warranted, the minimum comprehensive optometric examination shall consist of the following: (1) Patient case history and v…

20:50:08:01. Continuing education requirements. An optometrist must complete 45 hours of continuing education within each three-year period after the date of initial licensure. Of the 45 hours of continuing education required each cycle, 30 hours must be live, where the lecturer …

20:50:08:02. Acceptable courses of study. Repealed. Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 8, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 24 SDR 91, effective January 6, 1998; 43 SDR 61, effective October 24, 2016; 46 SDR 119, effective May 4, 2020; 49…

20:50:08:02.01. Limits on self-directed learning. No more than 15 hours of self-directed learning may be credited to an optometrist in a three-year period to fulfill continuing education requirements as follows: (1) Surgical/ophthalmologist observation -- one hour credit for ever…

20:50:08:02.02. Limits on self-directed learning for continuing pharmaceutical education. Repealed. Source: 24 SDR 91, effective January 6, 1998; 31 SDR 101, effective January 19, 2005; 37 SDR 133, effective January 18, 2011; 49 SDR 12, effective August 14, 2022.

20:50:08:02.03. Limits on continuing education courses in practice management and patient protection and compliance issues. In a three-year period, up to eight hours of instruction in the management of an optometric practice, including patient protection and compliance issues, ma…

Rule 20:50:08:03 Repealed. 20:50:08:03. Courses of study not acceptable.Repealed. Source: SL 1975, ch 16, § 1; repealed, 6 SDR 66, effective January 8, 1980.

20:50:08:04. Obtaining evidence of compliance. To show compliance with continuing education requirements, each optometrist shall obtain evidence of attendance or completion from the sponsoring organization for each course. Documentation must show the name of the licensee, the tit…

Rule 20:50:08:05 Repealed. 20:50:08:05. Special requirements for inactive or out-of-state licenses. Repealed. Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 8, 1980; 12 SDR 78, effective November 10, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 34 SDR…

Rule 20:50:09:01 Superseded. 20:50:09:01. Petition for new rules.Superseded.

Rule 20:50:09:02 Superseded. 20:50:09:02. Board action on request.Superseded. Commission Note:SDCL 1-26-13 provides a statutory procedure to use for petitioning an agency for amendments to its rules, thus effectively superseding the above two sections.

Rule 20:50:09:03 Repealed. 20:50:09:03. Request for decision from board.Repealed. Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 8, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 15 SDR 40, effective September 13, 1988.

Rule 20:50:10:01 Acts constituting prescribing of contact lenses. 20:50:10:01. Acts constituting prescribing of contact lenses. Any of the following shall constitute the prescribing of contact lenses except when performed by or under the direction of and direct physical supervisi…

20:50:10:02. Provision of contact lens prescription. A licensed optometrist must complete a follow-up evaluation of the contact lens design on the patient's eye to assure the compatibility of the lens to the eye and the patient's ocular health. After the completion of the follow-…

20:50:10:03. Expiration of contact lens prescription. A contact lens prescription expires: (1) Not less than one year after the issue date of the prescription; or (2) On the date specified by the prescribing optometrist, based upon the medical judgment of the prescribing optometr…

20:50:11:01. Application for registration. An initial application for registration of a professional optometric corporation must contain, in addition to the information specified in SDCL 47-11B-8, the following: (1) A copy of the corporation's certificate of incorporation; (2) A …

Rule 20:50:11:02 Professional corporation -- Admitting shareholder. 20:50:11:02. Professional corporation -- Admitting shareholder. No later than 30 days after a change in membership or shareholders, the corporation shall notify the board in writing of the change, indicating the …

20:50:11:03. Renewal of certificate of registration. Each registered optometric corporation shall submit to the board by December first of each year an application for renewal of its certificate of registration. Source: 12 SDR 78, effective November 10, 1985; 12 SDR 151, 12 SDR 1…

20:50:12:01. Complaints. Upon receipt of a written complaint, the board may initiate an investigation pursuant to SDCL chapter 36-1C. Any person filing a complaint shall submit the complaint in writing to the executive secretary, on a form provided by the executive secretary. A c…

20:50:12:02. Investigations. If the complaint alleges a violation of a matter within the board's authority or compliance with licensing standards and requirements, the executive secretary shall promptly investigate the complaint or provide the complaint to the board investigator …

20:50:12:03. Completion of complaint investigation. Upon completion of a complaint investigation, the board may impose the following sanctions after a determination that a violation exists: (1) A letter of concern, which must be placed in the licensee's permanent record. A letter…

20:50:12:04. Status of complainant. The complainant is not a party to any contested case hearing resulting from the investigation of a complaint, although the complainant may be called as a witness in the hearing. The board shall notify a complainant of any public final action ta…

20:50:12:05. Failure to renew during investigation. If an optometrist fails to renew the license after notification that the board has initiated an investigation, the board shall report the license as "withdrawn under investigation" in the board's permanent license file and in an…

20:50:12:06. Costs of disciplinary actions. The board may assess against a licensee or applicant all or part of its expenses, including investigator and attorney fees, associated with a contested case proceeding that results in disciplinary action. If assessing such expenses, a s…

20:51:01:01. Application for registration. Repealed. Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 18 SDR 95, effective November 25, 1991; 33 SDR 73, effective November 6, 2006; 36 SDR 21, effective August 17, 2009; 50 SDR 138, effective June 2, 202…

20:51:01:02. Experience required. An applicant meeting the requirements of SDCL 36-11-16 for a license to practice pharmacy and who is examined after December 31, 2009, must have completed a pharmacy practice experience program that meets or exceeds the pharmacy practice experien…

20:51:01:03. Application requirements. An applicant for licensure by examination shall provide the following to the board with the application: (1) The application fee of thirty-five dollars; (2) A photo of the applicant; (3) A transcript showing graduation from a college of phar…