board of optometry
· Defines “licensee” and redefines “optometrist.”
· Clarifies the definition of unprofessional conduct by removing the term “rebates” and expanding the language to include any payment made in exchange for a referral. Exempts bona fide leases based on the revenues earned by a licensee under the definition of unprofessional conduct.
· Allows the Board to delegate to its executive director, staff and contracted persons the board’s licensing and regulation duties, subject to rules adopted by the Board. Requires the Board to adopt rules pertaining to Executive Director delegated authorities for licensing and regulatory duties. Provides for an appeal mechanism for Executive Director delegated authorities and requires the Board to review these actions for approval, modification or rejection.
· Designates a person performing a duty delegated by the Board as not being held accountable under the chapter. Changes the term “shall” to “may” as it applies to adopting rules for direct supervision and delegated authorities of a licensee to non-licensees.
· Requires the Board to conduct regular meeting six times each year. This does not prohibit special meetings. Adds language to require a quorum for the meetings.
· Clarifies the information that needs to be provided by an applicant to the Board before taking the examination as: proof of graduation, proof of completion of 120 hours of continued education and a written exam passed by the applicant. Requires applicants to disclose whether they have a pending investigation in another jurisdiction. The Board must verify information supplied by the applicant with National Banks designated by the Board, instead of just the National Practitioner Data Bank.
· Describes conditions under which the Board may waive the written examination for an applicant.
· Requires the Board to give an examination on the state statutes and rules relation to Optometry. Other state testing referenced in statute was made optional for the Board.
· Requires a licensee to renew their license every other year, on or before the licensee’s birthday. A renewal candidate must complete 32 hours of continuing education programs approved by the Board.
· Establishes procedures for reinstating an expired license. Allows the Board to establish as license issuance fee. Makes fees non-refundable.
· Designates three types of renewal certificates available for the use and non-use of pharmaceutical agents. Ensures that any pharmaceuticals used are limited to topical diagnostic and/or topical therapeutic pharmaceutical agent.
· Requires a licensee to submit in writing their current residential address, office address and telephone number, as well as any changes, to the Board. Removes requirement that notification must be sent by certified mail of address changes. Simplifies notification process.
· Stipulates that violations in other jurisdictions are grounds for disciplinary action in Arizona.
· Allows a person to file a motion for an expedited hearing.
· Requires the Board to have a written decision ready within 20 days of a hearing.
· Explains conditions and procedures for pre-hearing conferences to be held 10 days before a licensee’s formal hearing, upon request. Requires the Board to conduct a prehearing conference only if requested by the licensee.
· Allows for an informal settlement conference if request by the licensee. Makes settlement conference information confidential.
· Allows the Board to charge costs of formal hearings to the licensee who is in violation of the chapter.
· Requires a licensee to hold all records for at least two years after the last patient examination. Explains conditions and procedures for moving these records and Board inspection of these records. Specifies what information is public record.
· Ensures that the Board conducts an investigation with good cause before issuing Cease & Desist and restraining orders. Provides for a hearing within thirty days of a Cease & Desist being issued.
· Removes entire section pertaining to voluntary licenses for non-resident companies that replace soft contact lenses.
·
Makes technical corrections.
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44th Legislature
Second Regular Session 3 May
8, 2001
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