in-20241113-IR-852230737FRA: DIGEST OPTOMETRY RULES

Final Rule LSA Document #23-737 DIGEST Sec. 3. The application shall An application must be completed on a form furnished by the board and filed with the board as described in IC 25-24-1-3. Sec. 4. (a) Each applicant for an optometry license shall submit the following: (b) The board adopts the procedures and standards of the Accreditation Council on Optometric Education 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. 1. (a) An optometrist will shall utilize the usual and normal clinical optometric procedures taught in the accredited schools and colleges of optometry approved by the board and the clinical optometric procedures in which he or she the optometrist demonstrated proficiency and mastery in order to obtain a certificate and license to practice optometry in the state of Indiana. (b) An optometrist will shall maintain adequate and detailed patient records to describe and document his or her the optometrist's procedures, observations, and the disposition of the case. Sec. 1. An optometrist shall conduct his or her their practice in accordance with the following standards, including, but not limited to: Sec. 1. An optometrist in the conduct of his their practice of optometry shall abide by, and comply with, the following standards of professional conduct: Sec. 2. (a) Fees charged by an optometrist for his their professional services shall compensate the optometrist only for the services actually rendered. (b) An optometrist shall not divide a fee for professional services with another practitioner who is not a partner, employee, or shareholder in a professional corporation, unless: (c) An optometrist shall not pay or accept compensation from a practitioner for referral of a patient. Sec. 5. (a) An optometrist, upon his their retirement, or upon discontinuation of the practice of optometry, or upon leaving or moving from a community, shall notify all of his their active patients in writing, by electronic media, or by publication once a week for three (3) consecutive weeks in a newspaper of general circulation in the community, that he intends they intend to discontinue his their practice of optometry in the community, and shall encourage his their patients to seek the services of another licensed practitioner. The optometrist discontinuing his their practice shall make reasonable arrangements with his their active patients for the transfer of his the patients' records, or copies thereof, of the records, to the succeeding practitioner or an optometric association approved by the board. (b) Nothing provided in this section shall preclude, prohibit, or prevent an optometrist from selling, conveying, or transferring for valuable consideration the optometrist's patient records to another licensed practitioner who is assuming his the optometrist's practice, provided that written notice is given to patients as provided in this section. Sec. 6. (a) An optometrist shall not, on behalf of himself the optometrist, a partner, an associate, a shareholder in a professional corporation, or any other practitioner or specific health care provider affiliated with the optometrist, use, or participate in the use of, any form of public communication containing a false, fraudulent, materially misleading, or deceptive statement or claim. (b) In order to facilitate the process of informed selection of an optometrist by the public, an optometrist may advertise services through the public media including, but not limited to, the following: (c) If the advertisement is communicated to the public by radio, cable, or television, it shall must be prerecorded, approved for broadcast by the optometrist, and a recording and transcript of the actual transmission shall must be retained by the optometrist for a period of three (3) years from the last date of broadcast. (d) If the optometrist advertises a fee for: (e) Unless otherwise conspicuously specified in the advertisement, an optometrist who publishes or communicates fee information in a publication that is published more than one (1) time per month shall be is bound by any representation made therein in the publication for a period of thirty (30) days after the publication date. An optometrist who publishes or communicates fee information in a publication that is published once a month or less frequently shall be is bound by any representation made therein in the publication until the publication of the succeeding issue, unless a shorter time is conspicuously specified in the advertisement. An optometrist who publishes or communicates fee information in a publication which that has no fixed date for publication for a succeeding issue shall be is bound by any representation made therein in the publication for one (1) year, unless a shorter period of time is conspicuously specified in the advertisement. (f) Unless otherwise specified in the advertisement, an optometrist who broadcasts fee information by radio, cable, or television shall be is bound by any representation made therein in the advertisement for a period of ninety (90) days after such the broadcast. (g) An optometrist who places an advertisement using a corporation name or trade name is required to identify the location or locations at which the optometric service will be provided. The name of the optometrist who will provide the optometric services must be identified at that location. Sec. 1. No person whose license to practice optometry in Indiana has been suspended shall be is eligible for reinstatement unless that person establishes by clear and convincing evidence before the board that: Sec. 2. (a) A practitioner has a duty and responsibility to notify the board within thirty (30) days of the establishment or discontinuation of an office for the practice of optometry. An office will be considered any location where the practitioner regularly provides optometric services or any location where his the optometrist's name is presented to the public as practicing optometry. (b) A practitioner may practice optometry in a hospital, health maintenance organization, licensed health care facility, public health clinic, clinic affiliated with a school of optometry, or as a consultant to industry or educational facilities without the display of a professional sign, provided the practitioner has notified the board within thirty (30) days of initiating such services. (c) A practitioner may provide optometric services outside his their office or other location reported to the board whenever the best interests of the a patient require services which cannot be delivered at a previously designated location. When services are regularly delivered at the same location, it must be reported to the board as a practice location. Sec. 1. (a) Twenty (20) hours of continuing education are required for renewal of an optometry license. (b) Effective for the license period ending April 1, 2014, and every license period thereafter, Optometrists are required may receive as part of the twenty (20) hour requirement under subsection (a) to complete two (2) hours of continuing education in any of the following areas: (c) Courses that are approved by the board or COPE in the area of jurisprudence and medical record keeping will be accepted under this section. (d) Courses under subsection (b) are not considered practice management courses. (e) Programs that have not been approved under this article will not be accepted as credit for license renewal. (f) An optometrist initially licensed between April 1 of an even-numbered years year and March 31 of the following odd-numbered year shall be is required to obtain ten (10) hours of continuing education for the initial renewal of the license. An optometrist initially licensed between April 1 of an odd-numbered years year and March 31 of the following even-numbered year shall is not be required to obtain continuing education for the initial renewal of the license. (g) Continuing education credit units or clock hours: (h) If a licensee an optometrist is licensed in Indiana and any other state with a mandatory continuing education requirement, the board will accept that requirement of the other state, provided the: (i) Any Continuing education hours that are counted towards toward the renewal of a licensee's legend drug certificate issued under IC 25-24-3 may not be counted towards toward the renewal of the licensee's an optometry license. Eligible credit hours earned in excess of the number of hours required to renew the optometric legend drug certificate may be counted toward the renewal of the licensee's an optometry license. (j) Continuing education credit for interoffice, hospital, or surgery center observation of another practitioner in the provision of optometric or ophthalmological procedures, as approved under section 4(c) of this rule, is limited to eight (8) hours per license renewal period. The practitioner receiving the educational experience shall keep a log of experiences and attest to hours and experiences upon request by the board. Sec. 1.1. (a) Twenty (20) hours of continuing education is are required for renewal of an optometric legend drug certificate. (b) Programs that have not been approved under this article will not be accepted as credit for renewal of the certificate. (c) An optometrist initially certified between April 1 of an even-numbered years year and March 31 of the following odd-numbered year shall be is required to obtain ten (10) hours of continuing education for the initial renewal of the certificate. An optometrist initially certified between April 1 of an odd-numbered years year and March 31 of the following even-numbered year shall is not be required to obtain continuing education for the initial renewal of the certificate. (d) Continuing education credit units or clock hours: (e) Any Continuing education hours that are counted towards toward the renewal of a licensee's an optometry license issued under IC 25-24-1-3 may not be counted towards toward the renewal of the licensee's an optometric legend drug certificate. Sec. 2. A licensee An optometrist must do the following: Sec. 3. (a) The sponsoring organization must 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) As a condition to approval of programs, the sponsoring organization must agree to provide participants with a record of attendance. The record of attendance shall state the following: (c) The sponsor shall retain records of attendance by participants for three (3) years from the date of the program. (d) The board may audit a sponsor's records or program to ensure compliance, quality, and the type of continuing education provided. 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 optometric or ophthalmological procedures 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 are acceptable, and no approval by the board is not required. Automatic approval of COPE approved courses will cease 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 shall include includes 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 must include passing a written examination or postevaluation post evaluation, with a passing score of seventy percent (70%). (c) Self-study continuing education for an optometry license and optometric legend drug certificate renewal shall be is limited to a total of eight (8) ten (10) hours biennially. Sec. 1. (a) An applicant for a limited license shall submit the following: (b) The dean at the Indiana University School of Optometry may be contacted in order to validate the suitability of the applicant for a limited license.