reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 19 - OPTOMETRY AND OPTOMETRISTS (§§ 73-19-1 — 73-19-195) › GENERAL PROVISIONS (§§ 73-19-1 — 73-19-45) › Section 73-19-7 - Board of optometry; appointment; qualifications

The Governor, with the advice and consent of the Senate, shall appoint a State Board of Optometry, consisting of five (5) persons, citizens of Mississippi, each of whom shall be a nonmedical man or woman actually engaged in the practice of optometry for five (5) years next preceding his appointment. The appointments to the board shall be made with one (1) member to be appointed from each of the Mississippi Supreme Court Districts as existing on January 1, 1980 and two (2) from the state at large.
The State Board of Optometry, created by former Section
73-19-7
, is continued and reconstituted as follows: Effective January 1, 2028, each board member shall be appointed by the Governor, with the advice and consent of the Senate, for a term of office of four (4) years, provided that three (3) members shall be appointed in 2028 to a term ending December 31, 2031, and two (2) members shall be appointed in 2030 to a term ending December 31, 2033. Appointments made at the beginning of the four-year cycle shall be made to fill any member's term which actually expires that year and any member's term which expires next until the majority of the membership of the board or commission is reached. Appointments made at the beginning of the third year of the four-year cycle shall be made for the remainder of the membership positions irrespective of the time of their prior appointment. Any question regarding the order of appointments shall be determined by the Secretary of State in accordance with the specific statute. All appointment procedures, vacancy provisions, interim appointment provisions and removal provisions specifically provided for in Section
7-1-35
, Mississippi Code of 1972, shall be fully applicable to appointments to the State Board of Optometry.
No person so appointed shall be a stockholder in or a member of the faculty or of the board of trustees of any school of optometry, or serve to exceed two (2) five-year terms.
Vacancies on said board shall be filled by appointment by the Governor, with the advice and consent of the Senate, from a list of names submitted by the Mississippi Optometric Association consisting of three (3) of its members, or by appointment of any qualified member of the association.
Codes, Hemingway's 1921 Supp. § 6124d; 1930, § 5655; 1942, § 8835; Laws, 1920, ch. 217; Laws, 1956, ch. 305, § 1; Laws, 1974, ch. 426, § 1; reenacted and amended, Laws, 1983, ch. 438, § 4; reenacted, Laws, 1991, ch. 303, § 4, eff. 7/1/1991.
Amended by Laws, 2024, ch. 497, SB 2799,§ 10, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 19 - OPTOMETRY AND OPTOMETRISTS (§§ 73-19-1 — 73-19-195) › GENERAL PROVISIONS (§§ 73-19-1 — 73-19-45) › Section 73-19-9 - Officers of board; meetings; rules and regulations

The State Board of Optometry shall organize by the election from its members a president and a secretary, who shall hold their respective offices for one (1) year.
It shall hold regular meetings for examination, beginning on the second week of January and July of each year, and additional meetings at such times and places as the board shall determine, said additional meetings not to exceed ten (10) meeting days annually, but the July meeting shall be held in the City of Jackson.
A majority of the board shall constitute a quorum, but a less number may adjourn from time to time.
The board shall make such rules and regulations as may be necessary to carry out the provisions of this chapter; however, the board shall not adopt any rule or regulation or impose any requirement regarding the licensing of optometrists that conflicts with the prohibitions in Section
73-49-3
.
The board is authorized to appoint an executive director for a term of four (4) years, with the advice and consent of the Senate, and consistent with the provisions of Section
7-1-35
, Mississippi Code of 1972.
Codes, Hemingway's 1921 Supp. § 6124e; 1930, § 5656; 1942, § 8836; Laws, 1920, ch. 217; reenacted, Laws, 1983, ch. 438, § 5; reenacted, Laws, 1991, ch. 303, § 5, eff. 7/1/1991.
Amended by Laws, 2024, ch. 497, SB 2799,§ 11, eff. 7/1/2024.
Amended by Laws, 2015, ch. 461, HB 204, 5, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 19 - OPTOMETRY AND OPTOMETRISTS (§§ 73-19-1 — 73-19-195) › GENERAL PROVISIONS (§§ 73-19-1 — 73-19-45) › Section 73-19-11 - Secretary of board; bond required

Before entering upon the discharge of the duties of his office the secretary of the state board of optometry shall give a bond to the state, to be approved by the board, in the sum of two thousand dollars conditioned for the faithful discharge of the duties of his office. The premium for such bond to be paid from the funds paid into the state treasury by the secretary of the board.
Such bond, with the approval of the board and oath of office indorsed thereon, shall be deposited with the secretary of state and kept in his office. Each month all moneys received by the secretary shall be paid by him into the state treasury to the credit of a fund for the use of the state board of optometry.
Codes, Hemingway's 1921 Supp. § 6124f; 1930, § 5657; 1942, § 8837; Laws, 1920, ch. 217; reenacted, Laws, 1983, ch. 438, § 6; reenacted, Laws, 1991, ch. 303, § 6, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 19 - OPTOMETRY AND OPTOMETRISTS (§§ 73-19-1 — 73-19-195) › GENERAL PROVISIONS (§§ 73-19-1 — 73-19-45) › Section 73-19-13 - Compensation of secretary and members; how paid

Each member of the state board of optometry shall be entitled to receive per diem as authorized under Section
25-3-69
in addition to all actual, necessary expenses incurred in the discharge of official duties, including mileage as authorized by law for state officials and employees.
The secretary shall receive an annual salary, to be fixed by the board, and his necessary expenses incurred in the discharge of his official duties. The state board of optometry may engage the services of an attorney to assist it in the discharge of its duties on terms to be fixed by the board.
The compensation and expenses of the secretary, attorney and members of the board, and the expenses of the board necessary in carrying out the provisions of this chapter, shall be paid from the fund in the state treasury for use of the board on the requisition signed by the president and secretary of the board and the warrant of the auditor of the state; provided, however, that said compensation and expenses shall not exceed the amount paid into the state treasury under the provisions of this chapter; and provided further, that all expenditures from such special fund shall be authorized by the legislature and shall be subject to all applicable provisions of the state budget law.
Codes, Hemingway's 1921 Supp. § 6124g; 1930, § 5658; 1942, § 8838; Laws, 1920, ch. 217; Laws, 1956, ch. 305, § 2; Laws, 1974, ch. 426, § 2; reenacted and amended, Laws, 1983, ch. 438, § 7; reenacted, Laws, 1991, ch. 303, § 7, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 19 - OPTOMETRY AND OPTOMETRISTS (§§ 73-19-1 — 73-19-195) › GENERAL PROVISIONS (§§ 73-19-1 — 73-19-45) › Section 73-19-15 - Official seal; records required

The state board of optometry shall have an official seal and shall keep a record of its proceedings, a register of persons registered as optometrists and register licenses by it revoked.
Its records shall be open to public inspection, and it shall keep on file all examination papers for a period of ninety (90) days after each examination. A transcript of an entry in such records certified by the secretary under the seal of the board, shall be evidence of the facts therein stated. The board shall annually, on or before January 1 make a report to the governor of all its official acts during the preceding year, and of its receipts and disbursements, and a full and complete report of the conditions of optometry in this state.
Codes, Hemingway's 1921 Supp. § 6124h; 1930, § 5659; 1942, § 8839; Laws, 1920, ch. 217; reenacted, Laws, 1983, ch. 438, § 8; reenacted, Laws, 1991, ch. 303, § 8, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 19 - OPTOMETRY AND OPTOMETRISTS (§§ 73-19-1 — 73-19-195) › GENERAL PROVISIONS (§§ 73-19-1 — 73-19-45) › Section 73-19-17 - Examination; qualifications

Any person over the age of twenty-one (21) years, of good moral character, and who has graduated from a high school or preparatory school affiliated with and recognized by a state university, and who has graduated from a reputable school or college of optometry, shall be entitled to stand the examination for license to practice optometry in Mississippi. The examining Board of Optometry shall keep on file a list of schools or colleges of optometry which are recognized by said board. The examination to practice optometry shall consist of tests in practical, theoretical and physiological optics, in theoretical and practical optometry and in anatomy and physiology of the eye and in pathology as applied to optometry. The State Board of Optometry shall not examine or certify any optometrist in any therapeutic procedures unless the optometrist has successfully completed the proper didactic education and supervised clinical training taught by an institution accredited by a regional or professional accreditation organization that is recognized or approved by the Council on Postsecondary Accreditation of the United States Department of Education, or its successor, and approved by the State Board of Optometry with the advice and consultation of the designated members of the State Board of Medical Licensure and the State Board of Pharmacy.
Codes, Hemingway's 1921 Supp. § 6124i; 1930, § 5660; 1942, § 8840; Laws, 1920, ch. 217; Laws, 1956, ch. 305, § 3; reenacted, Laws, 1983, ch. 438, § 9; reenacted, Laws, 1991, ch. 303, § 9; Laws, 1994, ch. 573, § 11, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 19 - OPTOMETRY AND OPTOMETRISTS (§§ 73-19-1 — 73-19-195) › GENERAL PROVISIONS (§§ 73-19-1 — 73-19-45) › Section 73-19-19 - Examination; effect of failure; certificate of licensure

Every person desiring to be licensed as in this chapter provided, shall file with the secretary an application, verified by oath, setting forth the facts which entitle the applicant to examination and licensure under the provisions of this chapter. The said board shall hold at least two (2) examinations each year. In case of failure at any examination the applicant, after the expiration of six (6) months and within two (2) years, shall have the privilege of a second examination by the board without the payment of an additional fee. In the case of any applicant who shall fail the examination twice, said applicant shall not be permitted to again take the examination until he has completed a further course of study outlined by the board and paid the examination fee therefor. Every applicant who shall pass the examination, and who shall otherwise comply with the provisions of this chapter, shall receive from the said board under its seal a certificate of licensure entitling him to practice optometry in this state, which certificate shall be duly registered in a record book to be properly kept by the secretary of the board for that purpose, which shall be open to public inspection, and a duly certified copy of said record shall be received as evidence in all courts of this state in the trial of any case.
Each application or filing made under this section shall include the social security number(s) of the applicant in accordance with Section
93-11-64
, Mississippi Code of 1972.
Codes, Hemingway's 1921 Supp. § 6124j; 1930, § 5661; 1942, § 8841; Laws, 1920, ch. 217; Laws, 1956, ch. 305, § 4; reenacted, Laws, 1983, ch. 438, § 10; reenacted, Laws, 1991, ch. 303, § 10; Laws, 1997, ch. 588, § 45, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 19 - OPTOMETRY AND OPTOMETRISTS (§§ 73-19-1 — 73-19-195) › GENERAL PROVISIONS (§§ 73-19-1 — 73-19-45) › Section 73-19-21 - Fees

Except as provided in Section
33-1-39
, the board shall charge the following fees for examination, registrations and renewals of certificates: The sum of not more than Two Hundred Dollars ($200.00) for an examination of an applicant who is a resident of Mississippi and not more than Three Hundred Dollars ($300.00) for a nonresident of Mississippi to cover the additional expenses of checking references, character and other statements contained in the application. Every registered optometrist who desires to continue the practice of optometry shall, annually, on or before January 1, pay to the secretary of the board a renewal registration fee of not more than Four Hundred Dollars ($400.00) for which he shall receive a renewal of his certificate. The board, in its discretion, may set the renewal registration fee at different amounts for registered optometrists, for registered optometrists certified to use diagnostic pharmaceutical agents, and for registered optometrists certified to use diagnostic and therapeutic pharmaceutical agents, not to exceed the maximum amount prescribed in this section.
In case of neglect to pay the renewal registration fee specified in this section, the board may revoke the certificate and the holder thereof may be reinstated by complying with the conditions specified in this chapter. But no certificate or permit shall be revoked without giving sixty (60) days' notice to the delinquent, who, within that period shall have the right of renewal of the certificate on payment of the renewal fee with a penalty of not more than Fifteen Dollars ($15.00). Retirement from practice for a period not exceeding five (5) years shall not deprive the holder of the certificate of the right to renew his certificate on the payment of all lapsed fees.
The board shall adopt a seal and certificate of suitable design and shall conduct its examination at Jackson, in this state. Its permanent records shall be kept in the office of the secretary, which records shall be open to public inspection.
Codes, Hemingway's 1921 Supp. § 6124k; 1930, § 5662; 1942, § 8842; Laws, 1920, ch. 217; Laws, 1942, ch. 326; Laws, 1956, ch. 305, § 5; Laws, 1970, ch. 405, § 1; Laws, 1978, ch. 416, § 1; reenacted and amended, Laws, 1983, ch. 438, § 11; Laws, 1991, ch. 303, § 11; Laws, 1995, ch. 561, § 1; Laws, 2007, ch. 309, § 16; Laws, 2007, ch. 395, § 1, eff. 7/1/2007.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 19 - OPTOMETRY AND OPTOMETRISTS (§§ 73-19-1 — 73-19-195) › GENERAL PROVISIONS (§§ 73-19-1 — 73-19-45) › Section 73-19-25 - Certificates of other states; when and how recognized

An applicant for a certificate of licensure who has been examined by the state board of another state which, through reciprocity, similarly accredits the holder of a certificate issued by the board of this state to the full privileges of practice within such state, on the payment of a fee of not more than Fifty Dollars ($50.00) to the board and on filing in the office of the board a true and attested copy of the license, certified by the president or secretary of the state board issuing the same, and showing also that the standard requirements adopted and enforced by the board are equal to that provided by this state, may, without further examination, receive a certificate of licensure, provided that such applicant has not previously failed at an examination held by the board of this state. The issuance of a certificate of licensure by reciprocity to a military-trained applicant, military spouse or person who establishes residence in this state shall be subject to the provisions of Section
73-50-1
or
73-50-2
, as applicable.
Codes, Hemingway's 1921 Supp. § 6124m; 1930, § 5664; 1942, § 8844; Laws, 1920, ch. 217; Laws, 1956, ch. 305, § 7; reenacted and amended, Laws, 1983, ch. 438, § 13; reenacted, Laws, 1991, ch. 303, § 13, eff. 7/1/1991.
Amended by Laws, 2021, ch. 398, HB 1263,§ 17, eff. 7/1/2021.
Amended by Laws, 2013, ch. 350, SB 2419, 20, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 19 - OPTOMETRY AND OPTOMETRISTS (§§ 73-19-1 — 73-19-195) › GENERAL PROVISIONS (§§ 73-19-1 — 73-19-45) › Section 73-19-27 - Chapter does not confer title, word, abbreviation indicating licensee is engaged in practice of medicine or surgery

Nothing in this chapter shall be construed as conferring on the holder of any certificate of licensure issued by said board the title of oculist, ophthalmologist, or any other word or abbreviation indicating that he is engaged in the practice of medicine or surgery.
Codes, Hemingway's 1921 Supp. § 6124n; 1930, § 5665; 1942, § 8845; Laws, 1920, ch. 217; Laws, 1982, ch. 353, § 7; reenacted, Laws, 1983, ch. 438, § 14; Laws, 1985, ch. 374, § 1; Laws, 1991, ch. 303, § 14; Laws, 1994, ch. 573, § 12, eff. 7/1/1994.
Amended by Laws, 2021, ch. 316, HB 1302,§ 2, eff. 7/1/2021.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 19 - OPTOMETRY AND OPTOMETRISTS (§§ 73-19-1 — 73-19-195) › GENERAL PROVISIONS (§§ 73-19-1 — 73-19-45) › Section 73-19-29 - Physicians, druggists and merchants may sell spectacles

The provisions of this chapter shall not apply to physicians or surgeons practicing under authority of licenses issued under the laws of this state for the practice of medicine or surgery. And provided that this chapter shall not prohibit merchants and druggists who are actually engaged in business in this state from selling and assisting purchasers in fitting spectacles and eye glasses in their place of business at time of sale.
Codes, Hemingway's 1921 Supp. § 6124o; 1930, § 5666; 1942, § 8846; Laws, 1920, ch. 217; reenacted, Laws, 1983, ch. 438, § 15; reenacted, Laws, 1991, ch. 303, § 15, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 19 - OPTOMETRY AND OPTOMETRISTS (§§ 73-19-1 — 73-19-195) › GENERAL PROVISIONS (§§ 73-19-1 — 73-19-45) › Section 73-19-31 - [Repealed]

Repealed by Laws of 2005, ch. 404, § 12, eff. 7/1/2005.
Laws, 1979, ch. 301, § 36; Laws, 1979, ch. 357, § 16; Laws, 1983, ch. 438, § 16; Laws, 1991, ch. 303, § 23; Laws, 1997, ch. 382, § 1; Laws, 2001, ch. 516, § 1, eff. 6/30/2001.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 19 - OPTOMETRY AND OPTOMETRISTS (§§ 73-19-1 — 73-19-195) › GENERAL PROVISIONS (§§ 73-19-1 — 73-19-45) › Section 73-19-33 - Complaints against optometrists

Complaints, irrespective of source, touching upon the professional conduct or conduct evincing unfitness for the practice of optometry made against optometrists licensed in this state, that may be received by or that may come to the attention of any member of the board, shall be referred by the president of the board to an impartial member of the board for preliminary investigation and further action as may be appropriate. The complaint must be in writing and signed by the person making the complaint or charge and shall contain the street address of the complaining party and each witness.
Laws, 1991, ch. 303, § 16, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 19 - OPTOMETRY AND OPTOMETRISTS (§§ 73-19-1 — 73-19-195) › GENERAL PROVISIONS (§§ 73-19-1 — 73-19-45) › Section 73-19-35 - Processing of complaints

When any complaint or charge touching upon the professional conduct or conduct evincing unfitness for the practice of optometry against any optometrist subject to discipline hereunder is referred to a member of the board for investigation, the board member shall take the following action:
(a)
Cause the complaint or charge to be filed and docketed with the secretary of the board; and
(b)
Refer the complaint to the board investigator for further investigation and report.
Laws, 1991, ch. 303, § 17, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 19 - OPTOMETRY AND OPTOMETRISTS (§§ 73-19-1 — 73-19-195) › GENERAL PROVISIONS (§§ 73-19-1 — 73-19-45) › Section 73-19-37 - Investigation of complaint; notice to accused optometrist

The board investigator shall immediately investigate the complaint; and upon completion of his investigation he shall inform the accused optometrist that a complaint has been filed against him and that he is under investigation, advise the accused optometrist of the general nature of the charges, furnish him a copy of the complaint and any evidence supporting it, and afford the accused optometrist an opportunity to respond. Communications and notices to the accused optometrist shall be transmitted by registered or certified mail, postage prepaid, to the last known residence or business address of the licensee.
Laws, 1991, ch. 303, § 18, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 19 - OPTOMETRY AND OPTOMETRISTS (§§ 73-19-1 — 73-19-195) › GENERAL PROVISIONS (§§ 73-19-1 — 73-19-45) › Section 73-19-39 - Report of investigator; dismissal of complaint; formal complaint by board against optometrist; notice of action taken

After completion of his investigation, the board investigator shall make a report of his findings and recommendations to the member of the board designated to investigate the matter. After receipt of the investigator's report, the board member shall take the following action:
(a)
If upon review of the complaint, board investigator's report and any written response by the accused optometrist, the board member determines that there is not reasonable ground to believe that the accused optometrist has been guilty of unprofessional conduct or conduct evincing unfitness for the practice of optometry, the board member shall present his findings and recommendations to the board at the next regular board meeting. The board may dismiss the complaint or may prepare a formal complaint against the licensee as provided in Section
73-19-41
, Mississippi Code of 1972. In the event of dismissal, the person filing the complaint and the accused optometrist shall be given written notice of the board's determination.
(b)
If the board member determines there is reasonable cause to believe the accused optometrist is guilty of such conduct, which, if proven, would warrant suspension for a definite or an indefinite period or license revocation, the board member shall request the board to prepare and file a formal complaint against the accused optometrist. The board may dismiss the complaint or may prepare a formal complaint against the licensee as provided in Section
73-19-41
, Mississippi Code of 1972. In the event of a dismissal, the person filing the complaint and the accused optometrist shall be given written notice of the board's determination.
Laws, 1991, ch. 303, § 19, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 19 - OPTOMETRY AND OPTOMETRISTS (§§ 73-19-1 — 73-19-195) › GENERAL PROVISIONS (§§ 73-19-1 — 73-19-45) › Section 73-19-41 - Hearing on formal complaint; decision

(1)
The board shall fix a time and place for any formal complaint hearing and shall cause a written notice specifying the offense or offenses for which the licensee is charged and notice of the time and place of the hearing to be served upon the licensee at least twenty (20) days prior to the hearing date. Such notice may be served by mailing a copy thereof by certified mail, postage prepaid, to the last known residence or business address of the licensee.
(2)
The board is hereby authorized and empowered to issue subpoenas for the attendance of witnesses and the production of books and papers at such hearing. Process issued by the board shall extend to all parts of the state and shall be served by any person designated by the board for such service.
(3)
The accused shall have the right to appear either personally or by counsel or both to produce witnesses or evidence in his behalf, to cross-examine witnesses and to have subpoenas issued by the board.
(4)
At the hearing, the board shall administer oaths as may be necessary for the proper conduct of the hearing. All hearings shall be conducted by the board, with the exception of the investigating board member who shall not participate in the hearing. The board shall not be bound by strict rules of procedure or by the laws of evidence in the conduct of its proceedings, but the determination shall be based upon sufficient evidence to sustain it. All proceedings shall be transcribed by a court reporter.
(5)
Where, in any proceeding before the board, any witness fails or refuses to attend upon a subpoena issued by the board, refuses to testify, or refuses to produce any books and papers the production of which is called for by a subpoena, the attendance of such witness, the giving of his testimony or the production of the books and papers shall be enforced by any court of competent jurisdiction of this state in the manner provided for the enforcement of attendance and testimony of witnesses in civil cases in the courts of this state.
(6)
The board shall, within sixty (60) days after conclusion of the hearing, reduce its decision to writing and forward an attested true copy thereof to the last known residence or business address of such licensee by way of United States first class, certified mail, postage prepaid.
Laws, 1991, ch. 303, § 20, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 19 - OPTOMETRY AND OPTOMETRISTS (§§ 73-19-1 — 73-19-195) › GENERAL PROVISIONS (§§ 73-19-1 — 73-19-45) › Section 73-19-45 - Appeal of final action of board

(1)
The right to appeal from a final action of the board is hereby granted. Such appeal shall be to the chancery court of the county of residence of the licensee and shall be on the record made, including a verbatim transcript of the testimony at the hearing. The appeal shall be taken within thirty (30) days after notice of the action of the board. The appeal shall be perfected upon filing notice of the appeal with the chancery court and by the prepayment of all costs, including the cost of the preparation of the record of the proceedings by the board, and the filing of a bond in the sum of Two Hundred Dollars ($200.00), conditioned that if the action of the board be affirmed by the chancery court, the licensee will pay the costs of the appeal and the action in the chancery court. A copy of the Notice of Appeal shall be served upon board counsel.
(2)
If there is an appeal, such appeal may, in the discretion of and on motion to the chancery court, act as a supersedeas. The chancery court shall dispose of the appeal and enter its decision promptly. The hearing on the appeal may, in the discretion of the chancellor, be tried in vacation. The scope of review of the chancery court shall be limited to a review of the record made before the board to determine if the action of the board is unlawful for the reason that it was (a) not supported by substantial evidence, (b) arbitrary or capricious, (c) beyond the power of the board to make, or (d) in violation of some statutory or constitutional right of the appellant. The decision of the chancery court may be appealed to the Supreme Court in the manner provided by the rules of the Supreme Court.
(3)
Actions taken by the board in suspending a license when required by Section
93-11-157
or
93-11-163
are not actions from which an appeal may be taken under this section. Any appeal of a license suspension that is required by Section
93-11-157
or
93-11-163
shall be taken in accordance with the appeal procedure specified in Section
93-11-157
or
93-11-163
, as the case may be, rather than the procedure specified in this section.
Laws, 1991, ch. 303, § 22; Laws, 1996, ch. 507, § 47, eff. 7/1/1996.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 19 - OPTOMETRY AND OPTOMETRISTS (§§ 73-19-1 — 73-19-195) › CONTACT LENSES (§§ 73-19-61 — 73-19-65) › Section 73-19-61 - Persons authorized to dispense, fit, or prescribe contact lenses or other appliances touching cornea

It shall be unlawful for any person, persons, corporation, proprietorship, partnership, or any entity other than a licensed optometrist or licensed ophthalmologist to dispense, fit, or prescribe to the public contact lenses, including FDA-approved medicated contact lenses, or any medical appliance having direct contact with the cornea of the eye. An optical dispenser may, however, fill the written contact lens prescription of a licensed optometrist or licensed ophthalmologist, provided that the optical dispenser directs the wearer of the lenses back to the prescribing optometrist or ophthalmologist for verification of the proper fit of the lenses. This section does not authorize a licensed optometrist to prescribe, fit, sell or dispense contact lenses medicated with a drug that is outside of the licensed optometrist's scope of practice.
Laws, 1987, ch. 402, § 1; Laws, 2010, ch. 417, § 1, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 19 - OPTOMETRY AND OPTOMETRISTS (§§ 73-19-1 — 73-19-195) › CONTACT LENSES (§§ 73-19-61 — 73-19-65) › Section 73-19-63 - Penalties

Any person violating the provisions of Section
73-19-61
shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than One Thousand Dollars ($1000.00) and/or imprisoned not less than six (6) months nor more than one (1) year at the discretion of the court.
Laws, 1987, ch. 402, § 2, eff. 7/1/1987.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 19 - OPTOMETRY AND OPTOMETRISTS (§§ 73-19-1 — 73-19-195) › CONTACT LENSES (§§ 73-19-61 — 73-19-65) › Section 73-19-65 - Immunity from liability for persons assisting with investigation or prosecution

Any person, organization or entity acting in good faith and without malice, who makes any report or provides any information to any law enforcement agency regarding any violation of Section
73-19-61
or who assists in the investigation or prosecution of any violation of Section
73-19-61
shall be immune from civil or criminal liability for such acts.
Laws, 1987, ch. 402, § 3, eff. 7/1/1987.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 19 - OPTOMETRY AND OPTOMETRISTS (§§ 73-19-1 — 73-19-195) › USE OF DIAGNOSTIC PHARMACEUTICAL AGENTS (§§ 73-19-101 — 73-19-111) › Section 73-19-101 - Use of pharmaceutical agents

No person engaged in the practice of optometry in the State of Mississippi shall use pharmaceutical agents in the practice of optometry unless he has been certified to use diagnostic pharmaceutical agents under the provisions of Sections
73-19-103
through
73-19-109
, or unless he has been certified to use therapeutic pharmaceutical agents under the provisions of Sections
73-19-153
through
73-19-165
.
Laws, 1982, ch. 353, § 1; reenacted, Laws, 1985, ch. 374, § 2; Laws, 1994, ch. 573, § 13, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 19 - OPTOMETRY AND OPTOMETRISTS (§§ 73-19-1 — 73-19-195) › USE OF DIAGNOSTIC PHARMACEUTICAL AGENTS (§§ 73-19-101 — 73-19-111) › Section 73-19-103 - Duties of state boards of optometry, medical licensure and pharmacy; records

(1)
The State Board of Medical Licensure and the State Board of Pharmacy each shall, within thirty (30) days after July 1, 1982, and annually thereafter, designate one (1) member from its board, on the minutes of each respective board, to advise and consult with the State Board of Optometry on the matters specified in Sections
73-19-103
through
73-19-109
. The State Board of Optometry, the State Board of Medical Licensure, and the State Board of Pharmacy shall work in cooperation with each other to the greatest extent possible in implementing the provisions of Sections
73-19-101
through
73-19-111
.
(2)
The State Board of Optometry, with the advice and consultation of the designated members of the State Board of Medical Licensure and the State Board of Pharmacy, shall prescribe additional educational requirements and additional theoretical and practical examinations for optometrists licensed to practice optometry in the State of Mississippi and applicants for a license to practice optometry in the State of Mississippi to become certified to use certain specified pharmaceutical agents as diagnostic agents only. The authorized use of such diagnostic pharmaceutical agents shall be specifically limited to those pharmaceutical agents which, when applied topically to the eye, are utilized in a prescribed manner to assess ocular conditions for the purpose of referring any deviation from the normal to a physician for treatment. The pharmaceutical agents so authorized shall be limited to the following classes: anesthetics, mydriatics, cycloplegics, dyes and over-the-counter drugs. Such agents shall be utilized in the practice of optometry only by the optometrist and shall not be dispensed to any patient. The limitations of this subsection shall not apply to those optometrists certified to use therapeutic pharmaceutical agents under the provisions of Sections
73-19-153
through
73-19-165
.
(3)
Any optometrist utilizing a diagnostic pharmaceutical agent so authorized shall maintain accurate and current medical records concerning the procurement and use of such pharmaceutical agents in the same form and manner as is required for physicians, in addition to any records required to be kept or otherwise necessary to keep in the practice of optometry. All of the medical records concerning the procurement and use of such pharmaceutical agents shall be available for inspection at any time by representatives of the State Board of Optometry, and all such records shall be made available for inspection to the State Board of Medical Licensure and the State Board of Pharmacy through their designated members.
Laws, 1982, ch. 353, § 2; reenacted, Laws, 1985, ch. 374, § 3; Laws, 1994, ch. 573, § 14, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 19 - OPTOMETRY AND OPTOMETRISTS (§§ 73-19-1 — 73-19-195) › USE OF DIAGNOSTIC PHARMACEUTICAL AGENTS (§§ 73-19-101 — 73-19-111) › Section 73-19-105 - Educational requirements; examination

(1)
Before any optometrist or any applicant for a license to practice optometry may be certified to use diagnostic pharmaceutical agents as authorized in Section
73-19-103
, he shall submit satisfactory evidence to the State Board of Optometry that he has successfully completed a course or courses in pharmacology as they apply to optometry, with particular emphasis on the topical application of diagnostic pharmaceutical agents to the eye, and any additional educational requirements prescribed by the State Board of Optometry with the advice and consultation of the designated members of the State Board of Medical Licensure and the State Board of Pharmacy. Such course or courses in pharmacology and any additional educational requirements pre- scribed shall be completed at an institution accredited by a regional professional accreditation organization that is recognized or approved by the Council on Postsecondary Accreditation or the United States Department of Education or its successors and approved by the State Board of Optometry with the advice and consultation of the designated members of the State Board of Medical Licensure and the State Board of Pharmacy.
(2)
Upon the successful completion of all specified educational requirements, any optometrist or any applicant for a license to practice optometry who desires certification to use diagnostic pharmaceutical agents as authorized in Section
73-19-103
shall satisfactorily pass an examination administered by the State Board of Optometry. Such examination shall be prepared by the State Board of Optometry with the advice and consultation of the designated members of the State Board of Medical Licensure and the State Board of Pharmacy. No credit for such examination may be given unless the applicant for certification has achieved a score equal to or greater than a score which is generally accepted in medical schools as a passing score for the same subject areas of the examination, as determined by the State Board of Optometry. All examinations and scores shall be made available for inspection to the State Board of Medical Licensure and the State Board of Pharmacy through their designated members.
(3)
The additional educational requirements necessary to become certified to use diagnostic pharmaceutical agents may be completed simultaneously with the educational requirements necessary to become licensed to practice optometry or may be completed after the person is licensed to practice optometry. Any applicant for a license to practice optometry who has met the additional educational requirements for certification to use diagnostic pharmaceutical agents may take the examination to become licensed to practice optometry and the examination to become certified to use diagnostic pharmaceutical agents at the same time.
Laws, 1982, ch. 353, § 3; reenacted, Laws, 1985, ch. 374, § 4, eff. 7/1/1985.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 19 - OPTOMETRY AND OPTOMETRISTS (§§ 73-19-1 — 73-19-195) › USE OF DIAGNOSTIC PHARMACEUTICAL AGENTS (§§ 73-19-101 — 73-19-111) › Section 73-19-107 - Referral of patient to licensed physician

Any optometrist who encounters a patient in the course of his practice who is, in the exercise of the optometrist's professional judgment, suffering from any symptom or combination of symptoms indicating an underlying pathologic or physiologic disorder or disfunction necessitating care and treatment beyond the scope of the optometrist's professional limitations, shall immediately refer such patient to a licensed physician for such additional treatment as may be needed.
Laws, 1982, ch. 353, § 4; reenacted, Laws, 1985, ch. 374, § 5, eff. 7/1/1985.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 19 - OPTOMETRY AND OPTOMETRISTS (§§ 73-19-1 — 73-19-195) › USE OF DIAGNOSTIC PHARMACEUTICAL AGENTS (§§ 73-19-101 — 73-19-111) › Section 73-19-109 - Pharmacist dispensing diagnostic pharmaceutical agents

Any pharmacist licensed under the laws of the State of Mississippi is hereby authorized to dispense those diagnostic pharmaceutical agents specified in Section
73-19-103
to any optometrist certified by the State Board of Optometry to use such agents.
Laws, 1982, ch. 353, § 5; reenacted, Laws, 1985, ch. 374, § 6, eff. 7/1/1985.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 19 - OPTOMETRY AND OPTOMETRISTS (§§ 73-19-1 — 73-19-195) › USE OF DIAGNOSTIC PHARMACEUTICAL AGENTS (§§ 73-19-101 — 73-19-111) › Section 73-19-111 - Penalty for violating provisions regulating use of pharmaceutical agents

(1)
Any optometrist violating any provision of Sections
73-19-101
through
73-19-109
shall, upon conviction for a first offense, be guilty of a misdemeanor and shall be fined not more than Five Hundred Dollars ($500.00) at the discretion of the court, and upon conviction for a second or later offense shall be fined not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00), or imprisoned not less than six (6) months nor more than one (1) year at the discretion of the court. Such actions shall be brought by the State Board of Optometry. However, this shall not be construed to prohibit the State Board of Medical Licensure, the State Board of Pharmacy, or any affected individual from bringing actions against any optometrist violating any provision of Sections
73-19-101
through
73-19-109
.
(2)
In addition to the penalties prescribed in subsection (1), the State Board of Optometry is authorized to suspend or revoke the optometrist's license to practice optometry for violating any provision of Sections
73-19-101
through
73-19-109
. Any optometrist may appeal any such suspension or revocation of his license by the State Board of Optometry to the chancery court of the county of his residence in the manner prescribed by law.
Laws, 1982, ch. 353, § 6; reenacted, Laws, 1985, ch. 374, § 7, eff. 7/1/1985.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 19 - OPTOMETRY AND OPTOMETRISTS (§§ 73-19-1 — 73-19-195) › USE OF THERAPEUTIC PHARMACEUTICAL AGENTS (§§ 73-19-151 — 73-19-165) › Section 73-19-151 - Use of therapeutic pharmaceutical agents in practice of optometry

(1)
Persons lawfully engaged in the practice of optometry in the State of Mississippi may prescribe and use therapeutic pharmaceutical agents in the practice of optometry after being authorized to use such agents under the provisions of Section
73-19-153
.
(2)
The designated members of the State Board of Medical Licensure and the State Board of Pharmacy provided for in Section
73-19-103
shall advise and consult with the State Board of Optometry on matters specified in Sections
73-19-153
through
73-19-165
.
Laws, 1994, ch. 573, § 2, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 19 - OPTOMETRY AND OPTOMETRISTS (§§ 73-19-1 — 73-19-195) › USE OF THERAPEUTIC PHARMACEUTICAL AGENTS (§§ 73-19-151 — 73-19-165) › Section 73-19-155 - Rules and regulations requiring satisfactory completion of educational and clinical training

(1)
Within thirty (30) days after July 1, 1994, and annually thereafter, the State Board of Optometry with the advice and consultation of the designated members of the State Board of Medical Licensure and the State Board of Pharmacy, shall develop rules and regulations requiring the satisfactory completion of the educational requirements, clinical training, and examinations required under the provisions of Sections
73-19-153
through
73-19-165
, regarding those optometrists seeking to become certified to prescribe and use therapeutic pharmaceutical agents.
(2)
Any optometrist using therapeutic pharmaceutical agents shall maintain accurate and current medical records concerning the procurement and use of such agents in the same form and manner as required for medical doctors, in addition to any records required to be kept or otherwise necessary to keep in the practice of optometry. All of these medical records shall be available for inspection at any time by representatives of the State Board of Optometry, and all such records shall be made available for inspection to the State Board of Medical Licensure and the State Board of Pharmacy through their designated members.
Laws, 1994, ch. 573, § 4, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 19 - OPTOMETRY AND OPTOMETRISTS (§§ 73-19-1 — 73-19-195) › USE OF THERAPEUTIC PHARMACEUTICAL AGENTS (§§ 73-19-151 — 73-19-165) › Section 73-19-157 - Purposes for which therapeutic pharmaceutical agents may be used; types of agents that may be prescribed

Any optometrist certified to prescribe and use therapeutic pharmaceutical agents under Sections
73-19-153
through
73-19-165
is authorized to examine, diagnose, manage and treat visual defects, abnormal conditions and diseases of the human eye or eyelids, including:
(a)
Over-the-counter medications;
(b)
Pharmaceutical medications which are rational and appropriate for the examination, diagnosis, management or treatment of visual defects, abnormal conditions or diseases of the eye and/or eyelids as authorized by Section
73-19-1
not including any medication that must be injected or implanted into the eye or orbit. Dermal fillers and substances injected for cosmetic purposes are prohibited. These agents shall not include any drug or substance listed in Schedule I of the Uniform Controlled Substances Law;
(c)
The administration of an auto injection or epi-pen to counteract anaphylactic reaction, followed by immediate referral of the patient to the nearest emergency medical facility; and
(d)
In a public health emergency, the State Health Officer may authorize therapeutically licensed optometrists to administer inoculations for systemic health reasons.
Laws, 1994, ch. 573, § 5; Laws, 2005, ch. 404, § 2, eff. 7/1/2005.
Amended by Laws, 2021, ch. 316, HB 1302,§ 3, eff. 7/1/2021.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 19 - OPTOMETRY AND OPTOMETRISTS (§§ 73-19-1 — 73-19-195) › USE OF THERAPEUTIC PHARMACEUTICAL AGENTS (§§ 73-19-151 — 73-19-165) › Section 73-19-159 - Standard of care in prescription and use of agents, and diagnosis and treatment

Any optometrist who is certified to prescribe and use therapeutic pharmaceutical agents shall be held to the same standard of care in the prescription and use of such agents, and in diagnosis and treatment, as is common to a licensed medical doctor.
Laws, 1994, ch. 573, § 6, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 19 - OPTOMETRY AND OPTOMETRISTS (§§ 73-19-1 — 73-19-195) › USE OF THERAPEUTIC PHARMACEUTICAL AGENTS (§§ 73-19-151 — 73-19-165) › Section 73-19-161 - Referral of patient to licensed physician when patient not responding to treatment

If a patient of any optometrist who is certified to prescribe and use therapeutic pharmaceutical agents is not responding to the prescribed treatment within the normal response time for the condition being treated, in the optometrist's professional judgment, the optometrist shall immediately refer such patient to a licensed physician for such additional treatment as may be needed.
Laws, 1994, ch. 573, § 7, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 19 - OPTOMETRY AND OPTOMETRISTS (§§ 73-19-1 — 73-19-195) › USE OF THERAPEUTIC PHARMACEUTICAL AGENTS (§§ 73-19-151 — 73-19-165) › Section 73-19-163 - Certificate of certification to be displayed

Any optometrist who is certified to prescribe and use therapeutic pharmaceutical agents shall be provided by the State Board of Optometry a certificate reflecting such certification, and such certification shall be prominently displayed in the optometrist's office.
Laws, 1994, ch. 573, § 8, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 19 - OPTOMETRY AND OPTOMETRISTS (§§ 73-19-1 — 73-19-195) › USE OF THERAPEUTIC PHARMACEUTICAL AGENTS (§§ 73-19-151 — 73-19-165) › Section 73-19-165 - Licensed pharmacist authorized to fill and dispense therapeutic pharmaceutical agents

Any pharmacist licensed under the laws of the State of Mississippi is authorized to fill and dispense to patients those therapeutic pharmaceutical agents specified in Section
73-19-157
for any optometrist certified by the State Board of Optometry to use such agents.
Laws, 1994, ch. 573, § 9; Laws, 2005, ch. 404, § 3, eff. 7/1/2005.