in-20251105-IR-852250626FNA: UPDATES TO OPTOMETRY RULES

TITLE 852 INDIANA OPTOMETRY BOARD Notice of First Public Comment Period LSA Document #25-626 UPDATES TO OPTOMETRY RULES PURPOSE OF NOTICE The Indiana Optometry Board (board) is soliciting public comment on adding and amending rules at 852 IAC 1 concerning updates related to the optometry profession. The board seeks comment on the affected citations listed and any other provisions of Title 852 that may be affected by this rulemaking. ADDITIONAL DOCUMENTS Regulatory Analysis: 20251105-IR-852250626RAA Notice of Public Hearing: 20251105-IR-852250626PHA CITATIONS AFFECTED: 852 IAC 1-1.1-4; 852 IAC 1-2.1-2; 852 IAC 1-16-2; 852 IAC 1-16-3; 852 IAC 1-16-3.5; 852 IAC 1-16-4; 852 IAC 1-16-4.1; 852 IAC 1-16-7; 852 IAC 1-17-1 AUTHORITY: IC 25-24-1-1 OVERVIEW Basic Purpose and Background In 2024, the board reviewed its continuing education rules and determined that they were overly restrictive. Specifically, the rules demanded that portions of a practitioner’s forty (40) hours of continuing education be dedicated to specific topics and limit the number of hours that could be obtained virtually.  Due to changes in technology and the practice of optometry, the board proposes to loosen its restrictions. Before the proposed rule changes in this notice, the last optometry rule changes became effective November 13, 2024. This submission of the proposed rule contains responses to comments and questions provided by the office of management and budget and the state budget agency on August 6, 2025. The board has a nonrule policy document in place, LSA #24-112, which will expire January 1, 2026. In the process of reviewing the optometry continuing education rules, the board noted that its prelicensure education requirements were somewhat unclear and the board lacked control over applicants with multiple exam failures. The board has added clarity and guardrails to improve passage rates. For purposes of IC 4-22-2-28.1, small businesses affected by this rulemaking may contact the Small Business Regulatory Coordinator: For purposes of IC 4-22-2-28.1, the Small Business Ombudsman designated by IC 5-28-17-6 is: Resources available to regulated entities through the small business ombudsman include the ombudsman's duties stated in IC 5-28-17-6, specifically IC 5-28-17-6(9), investigating and attempting to resolve any matter regarding compliance by a small business with a law, rule, or policy administered by a state agency, either as a party to a proceeding or as a mediator. REQUEST FOR PUBLIC COMMENT The board is soliciting public comment on the proposed rule. Comments may be submitted in one of the following ways: COMMENT PERIOD DEADLINE All comments must be postmarked or time stamped not later than December 5, 2025. The rule, Regulatory Analysis, appendices referenced in the Regulatory Analysis, and materials incorporated by reference (if applicable) are on file at the Professional Licensing Agency, Indiana Government Center South, 402 West Washington Street, Room W072, Indianapolis, Indiana and are available for public inspection. Copies of the rule, Regulatory Analysis, and appendices referenced in the Regulatory Analysis are available at the Professional Licensing Agency office. If the board does not receive substantive comments during the public comment period or public hearing, the rule may be adopted with text that is the same as or does not substantially differ from the text of the proposed rule published in this notice. PROPOSED RULE Sec. 4. (a) Each An applicant for an optometry license shall submit the following: (b) The board adopts the procedures and standards of the ACOE for approval of schools of optometry and will only accept graduates of optometry schools accredited by the council as applicants for licensure, provided all other requirements are met. Sec. 2. An applicant for an optometry license by endorsement shall submit the following: Sec. 3. (a) "Synchronous in person" means the instructor is in the same room and face-to-face with the learner, even if other formats are used as audio-visual aids for teaching the course. Sec. 3. (a) (b) The sponsoring organization must shall file an application provided by the agency not later than thirty (30) days after the beginning date of the program. The application must contain the following information: (b) (c) As a condition to approval of programs, the sponsoring organization must shall agree to provide participants with a record of attendance. The record of attendance shall must state the following: (c) (d) The sponsor shall retain records of attendance by participants for three (3) years from the date of the program. (d) (e) The board may audit a sponsor's records or program to ensure compliance, quality, and the type of continuing education provided. Sec. 3.5. Synchronous virtual continuing education, as defined by COPE and presented by a COPE approved instructor, that allows for real-time interaction between live instructors and learners, is approved for both optometry and legend drug credit hours if the following are met: Sec. 4. (a) The board will approve a course if it determines that the course will make a significant contribution to the professional competency of optometrists who enroll. (b) In determining if a course meets this standard, the board will consider whether the following requirements are met: (c) Continuing education credit for interoffice, hospital, or surgery center observation of another practitioner in the provision of providing optometric or ophthalmological procedures, limited to eight (8) hours per biennial licensure period, may also be granted, subject to board approval. Submissions for continuing education credit must be submitted within thirty (30) days after the event and contain a sponsor-provided extensive outline and timeline of patients observed or participatory procedures. Sec. 4.1. (a) The board will approve a course for optometric legend drug continuing education if it determines that the course will make a significant contribution to the professional competency of optometrists who enroll. (b) In determining if a course meets the requirements of this section, the board will consider whether the following requirements are met: (c) Courses that are approved by COPE in the areas of ocular pharmacology or ocular therapeutics with designations listed in subsection (d) are acceptable, and approval by the board is not required. Automatic approval of COPE approved courses will cease stop immediately upon notice from COPE that approval of the course has been discontinued for any reason. (d) Courses approved by COPE in the following areas are automatically approved for optometric legend drug or therapeutic continuing education: Sec. 7. (a) Self-study includes Asynchronous continuing education may include the following: (b) In order To be accepted as continuing education for an optometry license and optometric legend drug certificate renewal, self-study methods of presentation asynchronous continuing education must include passing a written examination or post evaluation, by a deemed approved provider, with a passing score of seventy percent (70%). (c) Self-study continuing education for an optometry license and optometric legend drug certificate renewal is limited to a total of ten (10) hours biennially. (c) Synchronous virtual continuing education combined with asynchronous continuing education may total not more than twelve (12) hours per biennial license renewal period of the total of forty (40) hours required for licensure and optometric legend drug certification. Sec. 1. (a) An applicant for a limited license shall submit the following: (b) The dean at the Indiana University School of Optometry dean may be contacted in order to validate the suitability of the applicant for a limited license.