reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.03 - Examination and Licensing of Optometrists › Section 10.28.03.01 - Definition

Current through Register Vol. 51, No. 14, July 12, 2024
"Board" means the Board of Examiners in
					 Optometry.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.03 - Examination and Licensing of Optometrists › Section 10.28.03.02 - Requirements for Licensure

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Preprofessional education-completion of 2 years of pre-optometric college study
				  in an accredited institution of higher learning or its equivalent.
B. Professional education-completion of 4
				  scholastic years at:
(1) An accredited
				  college of optometry;
(2) An
				  accredited university school of optometry; or
(3) An equivalent of §B(1) or (2) of
				  this regulation.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.03 - Examination and Licensing of Optometrists › Section 10.28.03.03 - Application for Licensure

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				  applicant shall complete and file an application on the form provided by the
				  Board on request.
B. The applicant
				  shall submit the following information:
(1)
				  Full name, residence, and date and place of birth;
(2) A recent photograph of the
				  applicant;
(3) Letters of
				  recommendation from three individuals, excluding immediate family members, who
				  can attest to the applicant's character and reputation;
(4) All final professional transcripts of
				  colleges or university schools of optometry;
(5) A fee, established by the Board, which
				  shall accompany the application;
(6) Preprofessional transcripts.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.03 - Examination and Licensing of Optometrists › Section 10.28.03.05 - Form of the Examination

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Board shall require and give any combination of written, oral, clinical, and
				  practical examination.
B. Subjects
				  for Examination. The following subjects may be included in the written, oral,
				  clinical, and practical examinations:
(1)
				  Optometric jurisprudence;
(2)
				  Theoretic optics;
(3) Ophthalmic
				  optics;
(4) Physiological and
				  psychological optics;
(5)
				  Optometry-theoretic and practical;
(6) Visual fields;
(7) Clinical examination;
(8) Anatomy (ocular and general);
(9) Physiology (ocular and
				  general);
(10) Pathology (ocular
				  and general);
(11) Vision training
				  and orthoptic training;
(12)
				  Contact lenses;
(13) Low
				  vision;
(14) Tonometry;
(15) Biomicroscopy;
(16) Pharmacology;
(17) Physiology;
(18) Developmental vision;
(19) Primary care.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.03 - Examination and Licensing of Optometrists › Section 10.28.03.06 - Waiver of Examination

Current through Register Vol. 51, No. 14, July 12, 2024
Standards for licensure with partial waiver of examination
					 are set forth in Health Occupations Article, §
										11-305, Annotated
					 Code of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.03 - Examination and Licensing of Optometrists › Section 10.28.03.07 - License Renewal

Current through Register Vol. 51, No. 14, July 12, 2024
A license holder shall pay to the Board every 2 years, on
					 or before July 1 of the renewal year, a fee for renewal to be established by
					 the Board.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.03 - Examination and Licensing of Optometrists › Section 10.28.03.08 - Address of Record

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				  optometrist shall notify the Board of the optometrist's principal address in
				  Maryland.
B. An optometrist shall
				  report a change of principal address within 30 days.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.04 - Rules of Procedure for Board Hearings › Section 10.28.04.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter governs procedures for disciplinary matters
					 and hearings before the State Board of Examiners in
					 Optometry.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.04 - Rules of Procedure for Board Hearings › Section 10.28.04.03 - Confidentiality of Proceedings

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Except as otherwise provided by law, the proceedings of the Board are
				  confidential and that confidentiality may not be waived by the
				  parties.
B. The Office of
				  Administrative Hearings' proceedings involving the adjudication of a Board
				  contested case and the administrative law judge's recommended decision are
				  confidential and the respondent may not waive the confidentiality of the
				  proceedings or of the patients whose medical records or care are reflected in
				  the record of the proceedings.
C.
				  To the extent possible, even after a final order is entered into by the Board,
				  the parties shall refrain from revealing legal documents, oral statements, or
				  information that would reveal the identity of any patients referred to in the
				  Board's order.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.04 - Rules of Procedure for Board Hearings › Section 10.28.04.04 - Representation by Counsel

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  respondent may be represented by counsel in any matter before the Board and at
				  any stage of the proceedings.
B. If
				  the matter goes to a hearing, the respondent shall be represented in proper
				  person or by an attorney who has been:
(1)
				  Admitted to the Maryland Bar; or
(2) Specially admitted to practice law
				  pursuant to Maryland Rules, Rules Governing Admission to the Bar of Maryland,
				  Rule 14, Annotated Code of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.04 - Rules of Procedure for Board Hearings › Section 10.28.04.05 - Proceedings under Health Occupations Article, Section11-313, Annotated Code of Maryland

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Investigation of Complaints.
(1) The Board
				  may:
(a) Make a preliminary review of each
				  complaint; and
(b) Recommend that
				  cases involving complaints over which the Board has no jurisdiction be
				  closed.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.04 - Rules of Procedure for Board Hearings › Section 10.28.04.06 - Proceedings under Health Occupations Article, Section11-313, Annotated Code of Maryland - Sanctions, Hearings, and Final Order

Current through Register Vol. 51, No. 14, July 12, 2024
A. Surrender of License.
(1) The Board may require conditions for
				  surrender of a license, including, but not limited to:
(a) The admission of a violation of the
				  Maryland Optometry Act;
(b) The
				  admission of facts;
(c) A statement
				  of the circumstances under which the surrender was offered or
				  accepted;
(d) Restrictions on
				  future licensure;
(e) Conditions
				  for reinstatement of the license; or
(f) An agreement that the respondent may not
				  again apply for reinstatement of the license.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.04 - Rules of Procedure for Board Hearings › Section 10.28.04.07 - Summary Suspension of a License

Current through Register Vol. 51, No. 14, July 12, 2024
A. Pursuant to its authority under State
				  Government Article, §
										10-226(c)(2),
				  Annotated Code of Maryland, the Board shall order the summary suspension of a
				  license if the Board determines that there is a substantial likelihood that a
				  licensee poses a risk of harm to the public health, safety, or
				  welfare.
B. Notice of Intent to
				  Summarily Suspend.
(1) Based on information
				  gathered in an investigation or otherwise provided to the Board, the Board may
				  vote to issue:
(a) A notice of an intent to
				  summarily suspend a license; or
(b)
				  An order of summary suspension.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.04 - Rules of Procedure for Board Hearings › Section 10.28.04.08 - Probation and Violation of Probation Proceedings

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the Board imposes a period of probation
				  as a sanction, the Board may impose conditions of probation which the Board
				  deems appropriate, including:
(1)
				  Re-education or completion of approved courses;
(2) Payment of a fine;
(3) Providing free optometric services in a
				  Board-approved program;
(4)
				  Practicing under supervision;
(5)
				  Monitoring by the Board or by an individual or entity approved by the Board
				  with periodic reporting to the Board;
(6) Periodic review of a licensee's clinical
				  practices or billing;
(7) Periodic
				  audits of a licensee's billing practices;
(8) An examination by a physician or other
				  appropriate health care provider;
(9) Limitation of the licensee's
				  practice;
(10) Obtaining a passing
				  score on an appropriate examination; or
(11) Any other condition the Board deems
				  appropriate for the rehabilitation or retraining of a licensee.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.04 - Rules of Procedure for Board Hearings › Section 10.28.04.09 - Restoration of a License

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Reinstatement.
(1) A licensee shall petition
				  the Board for a lifting of a suspension of a license or a reinstatement
				  following revocation or surrender of a license.
(2) A licensee who petitions the Board for
				  reinstatement pursuant to terms and conditions for reinstatement set out in a
				  final order, letter of surrender, or other order of the Board shall apply for
				  reinstatement only pursuant to those terms and conditions.
(3) A licensee whose license has been revoked
				  or surrendered for 3 years or more before filing a petition for reinstatement
				  is not eligible for reinstatement but instead shall apply for initial
				  licensure.
(4) In addition to
				  complying with any conditions for reinstatement ordered by the Board, an
				  applicant for reinstatement shall:
(a) File an
				  application for reinstatement with the Board;
(b) Meet the requirements for reinstatement
				  set out in COMAR 10.28.05; and
(c)
				  Achieve a passing score on the Board's law examination.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.04 - Rules of Procedure for Board Hearings › Section 10.28.04.10 - Judicial Review

Current through Register Vol. 51, No. 14, July 12, 2024
A final order of the Board is subject to judicial review as
					 provided in Health Occupations Article, §
										11-318, and State
					 Government Article, §
										10-222, Annotated
					 Code of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.04 - Rules of Procedure for Board Hearings › Section 10.28.04.11 - Imposition of Penalties

Current through Register Vol. 51, No. 14, July 12, 2024
The Board may impose a civil monetary penalty in lieu of or
					 in addition to a disciplinary sanction authorized by Health Occupations
					 Article, §
										11-313, Annotated
					 Code of Maryland as provided in COMAR 10.28.13.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.04 - Rules of Procedure for Board Hearings › Section 10.28.04.12 - Consideration and Notice of Board Files

Current through Register Vol. 51, No. 14, July 12, 2024
In any matter governed by this chapter, the Board may take
					 official notice of any information contained in the Board's
					 files.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.05 - Inactive Status and Reinstatement of Expired Licenses › Section 10.28.05.01 - Inactive Status

Current through Register Vol. 51, No. 14, July 12, 2024
The Board shall place a license on inactive status, if the
					 licensee submits to the Board:
A. An
				  application for inactive status on the form required by the Board;
				  and
B. The inactive status fee
				  required by COMAR 10.28.07.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.05 - Inactive Status and Reinstatement of Expired Licenses › Section 10.28.05.02 - Application for Active Licensure by Optometrist on Inactive Status

Current through Register Vol. 51, No. 14, July 12, 2024
An optometrist who is on inactive status may apply for
					 reinstatement of active licensure. The Board shall issue an active license if
					 the optometrist:
A. Submits to the
				  Board satisfactory proof of completion of continuing education hours required
				  of a practitioner on active status during the period of inactivity, not to
				  exceed 125 hours; and
B. Pays to
				  the Board the reinstatement fee required by COMAR 10.28.07.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.05 - Inactive Status and Reinstatement of Expired Licenses › Section 10.28.05.03 - Reinstatement of Expired License

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Any optometrist whose license has been expired for less than 5 years and who
				  has not been put on inactive status may apply for reinstatement of his license.
				  The Board may reinstate the license if the optometrist:
(1) Submits to the Board satisfactory proof
				  of having subsequently met the continuing education requirements required of a
				  practitioner on active status during the period the license was expired, not to
				  exceed 125 hours;
(2) Otherwise
				  meets the renewal requirements set forth in Health Occupations Article, §
											11-308, Annotated
				  Code of Maryland; and
(3) Pays to
				  the Board the fee for the same number of years lapsed plus $50.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.06 - Examination of Patients by Optometrists, Maintenance of Records, and Keeping of Certain Instrumentation and Equipment › Section 10.28.06.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations establish criteria the Board considers
					 necessary to perform a minimum optometric examination, maintain certain
					 records, and have on hand certain instrumentation and equipment required to
					 carry out procedures for the minimum examination.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.06 - Examination of Patients by Optometrists, Maintenance of Records, and Keeping of Certain Instrumentation and Equipment › Section 10.28.06.02 - Patient History

Current through Register Vol. 51, No. 14, July 12, 2024
An optometrist shall review the patient's history and shall
					 create a written, oral, or electronic record of the following:
A. Previous vision examinations,
				  prescriptions, treatment programs;
B. Patient's general health history including
				  ocular health, familial involvements, current medications, and allergy
				  history;
C. Patient's primary
				  complaint, symptoms, or other reason for consulting the practitioner;
D. Other information bearing on visual tasks
				  to be performed.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.06 - Examination of Patients by Optometrists, Maintenance of Records, and Keeping of Certain Instrumentation and Equipment › Section 10.28.06.03 - Examination

Current through Register Vol. 51, No. 14, July 12, 2024
A licensee shall perform all necessary tests, evaluations,
					 and observations in accordance with Health Occupations Article, §
										11-208(a),
					 Annotated Code of Maryland, to ensure appropriate optometric management of the
					 patient's ocular, systemic, visual, and psychosocial
					 conditions.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.06 - Examination of Patients by Optometrists, Maintenance of Records, and Keeping of Certain Instrumentation and Equipment › Section 10.28.06.04 - Records

Current through Register Vol. 51, No. 14, July 12, 2024
A licensed optometrist shall maintain thorough records of
					 all testing procedures, results, and case dispositions in accordance with
					 Health-General Article, §4-403, Annotated Code of Maryland. The
					 optometrist shall record all tests, evaluations, and observations performed,
					 along with assessment and plan.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.06 - Examination of Patients by Optometrists, Maintenance of Records, and Keeping of Certain Instrumentation and Equipment › Section 10.28.06.05 - Equipment

Current through Register Vol. 51, No. 14, July 12, 2024
A licensed optometrist shall have on hand all necessary
					 equipment in good working condition to perform the procedures as required in
					 Regulations .03 and .04 of this chapter.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.07 - Fee Schedule › Section 10.28.07.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations govern all persons licensed as
					 optometrists by the State.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.07 - Fee Schedule › Section 10.28.07.02 - Fees

Current through Register Vol. 51, No. 14, July 12, 2024
The following fees are established by the Board:
A. Application fee $300;
B. Biennial renewal license fee (payable upon
				  biennial notification) $600;
C.
				  Partial waiver application fee (applicants licensed in another state for 3 or
				  more years) $300;
D. Inactive
				  license fee (those licensed in the State, but not in active practice). Fee to
				  be placed on inactive status $250;
E. Late fee (payable if renewal fee is
				  received within the 30-day grace period) $100;
F. Reinstatement fee (payable after failure
				  to renew license for less than 5 years). Licensee shall also pay renewal fees
				  for number of years lapsed $50;
G.
				  Reinstatement fee to active licensure (payable to change from inactive status
				  to active status licensure) - $100
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.07 - Fee Schedule › Section 10.28.07.03 - Change of Fees

Current through Register Vol. 51, No. 14, July 12, 2024
Fees are subject to change by action of the Board of
					 Examiners in Optometry. All licensees and applicants will be notified of the
					 change.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.08 - Partial Waiver of Examination › Section 10.28.08.01 - Definition

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				  the following term has the meaning indicated.
B. Term Defined. "Active practice" means
				  practices optometry for at least 500 hours within 3 consecutive
				  years.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.08 - Partial Waiver of Examination › Section 10.28.08.02 - Application

Current through Register Vol. 51, No. 14, July 12, 2024
A. An applicant for
				  licensure under these regulations:
(1) Shall
				  complete an application;
(2) Shall
				  pay the fee required by COMAR 10.28.07; and
(3) Shall submit proof that the applicant
				  meets the requirements of Health Occupations Article, §
											11-305, Annotated
				  Code of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.08 - Partial Waiver of Examination › Section 10.28.08.03 - Examination

Current through Register Vol. 51, No. 14, July 12, 2024
An approved applicant for licensure under these regulations
					 shall be given a written jurisprudence examination in Maryland optometric
					 law.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.08 - Partial Waiver of Examination › Section 10.28.08.04 - Criteria

Current through Register Vol. 51, No. 14, July 12, 2024
Passing criteria shall be the same as those in effect and
					 accepted by the Board for the current year.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.09 - Advertising › Section 10.28.09.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations govern advertising by optometrists in
					 Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.09 - Advertising › Section 10.28.09.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The following
				  terms have the meanings indicated.
B. Terms Defined.
(1) "Advertising" means calling to the
				  attention of the public the services one has to offer, including, but not
				  limited to, by written, oral, or electronic methods.
(2) "Board" means the State Board of
				  Examiners in Optometry.
(3)
				  "Optometrist" means an individual who holds a current license to practice
				  optometry in Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.09 - Advertising › Section 10.28.09.03 - Advertising

Current through Register Vol. 51, No. 14, July 12, 2024
A. An optometrist
				  may advertise the optometrist's services subject to the provisions of this
				  regulation.
B. An advertisement may
				  not contain statements:
(1) Containing
				  misrepresentation of facts;
(2)
				  Likely to mislead or deceive because in context the statements make only a
				  partial disclosure of relevant facts;
(3) Intended to or likely to create false or
				  unjustified expectations of favorable results;
(4) Relating to fees without reasonable
				  disclosure of all relevant variables so that the statement would not be
				  misunderstood or be deceptive to a layman;
(5) Conveying the impression that the
				  optometrist could influence improperly any public body, official, corporation,
				  or any person on behalf of a patient;
(6) Containing representations or
				  implications that in reasonable probability can be expected to cause an
				  ordinarily prudent person to misunderstand or be deceived;
(7) Containing representations that the
				  optometrist is willing to perform any procedure which is illegal under the laws
				  or regulations of Maryland or the United States;
(8) That fail to state that the practitioner
				  is an optometrist.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.09 - Advertising › Section 10.28.09.04 - Solicitation

Current through Register Vol. 51, No. 14, July 12, 2024
A. An optometrist
				  may not engage in solicitation, including but not limited to in-person,
				  telephone, facsimile, internet, or direct mail solicitation which:
(1) Amounts to fraud, undue influence,
				  intimidation, or overreaching;
(2)
				  Contains statements which would be improper under Regulation .03B.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.09 - Advertising › Section 10.28.09.05 - Penalties for Violation

Current through Register Vol. 51, No. 14, July 12, 2024
A violation of these regulations pertaining to the use of
					 advertising shall constitute unprofessional conduct and may result in
					 disciplinary action against the optometrist under Health Occupations Article,
					 §§
										11-205 and
					 11-313, Annotated
					 Code of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.10 - Optometrist Accountability › Section 10.28.10.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations govern all optometrists licensed to
					 practice in Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.10 - Optometrist Accountability › Section 10.28.10.02 - Practitioner Identification

Current through Register Vol. 51, No. 14, July 12, 2024
Licensed practicing optometrists shall, in an appropriate
					 manner, ensure that the patient knows the identity of the provider of
					 optometric care by providing that:
A.
				  The names of the optometrists providing services are conspicuously posted in
				  the office;
B. The name of the
				  licensed optometrist, or some other method of identifying the optometrist
				  providing the optometric services, appears on any record required by law or
				  regulation; and
C. Treatment
				  records are maintained and clearly identify the licensed optometrist who
				  recommends, instructs, or prescribes vision care for the patient.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.11 - Use of Diagnostic Pharmaceutical Agents › Section 10.28.11.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				  the following term has the meaning indicated.
B. Term Defined.
"Optometric
					 management of ocular disease" means the use of optometric services and
					 techniques to determine the most appropriate and timely referral for ocular
					 disease.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.11 - Use of Diagnostic Pharmaceutical Agents › Section 10.28.11.02 - Diagnostic Pharmaceutical Agents

Current through Register Vol. 51, No. 14, July 12, 2024
A. An optometrist certified by the Board as
				  qualified to administer diagnostic pharmaceutical agents may use the following
				  agents:
(1) Agents directly or indirectly
				  affecting the pupil of the eye, including, but not limited to, the mydriatics
				  and cycloplegics listed below:
(a)
				  Phenylephrine hydrochloride (2.5 percent);
(b) Hydroxyamphetamine hydrobromide (1.0
				  percent);
(c) Cyclopentolate
				  hydrochloride (0.5-2.0 percent);
(d) Tropicamide (0.5 and 1.0
				  percent);
(e) Cyclopentolate
				  hydrochloride (0.2 percent) with phenylephrine hydrochloride (1.0
				  percent);
(f) Dapiprazole
				  hydrochloride (0.5 percent);
(g)
				  Hydroxyamphetamine hydrobromide (1.0 percent) and tropicamide (0.25 percent);
				  and
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.11 - Use of Diagnostic Pharmaceutical Agents › Section 10.28.11.03 - Certification

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board will
				  certify an optometrist licensed to practice in Maryland as qualified to
				  administer diagnostic pharmaceutical agents if the licensed optometrist meets
				  one of the following criteria:
(1) Graduation
				  from an accredited school of optometry within 7 years before applying for
				  certification in Maryland.
(2)
				  Certification to use diagnostic pharmaceutical agents in another state which
				  included completion of not less than 70 credit hours in diagnostic
				  pharmaceutical agents if the optometrist:
(a)
				  Submits to the Board proof of certification to use diagnostic pharmaceutical
				  agents in the other state.
(b)
				  Submits to the Board documentation that the original certification included at
				  least 70 credit hours in diagnostic pharmaceutical agents. This documentation
				  may be from either:
(i) The state board that
				  granted the original certification;
(ii) The college, university, association, or
				  other sponsors of the 70 credit hours in diagnostic pharmaceutical agents;
				  or
(iii) Any other organization
				  approved by the Board.
(3) Successful completion of a course in
				  diagnostic pharmaceutical agents of at least 70 credit hours given by an
				  accredited college or faculty approved by the Board within 7 years before
				  applying for certification in Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.11 - Use of Diagnostic Pharmaceutical Agents › Section 10.28.11.04 - Renewal of Certification

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				  optometrist certified under this chapter shall complete 6 credit hours of
				  continuing education every 2 years in the use of diagnostic pharmaceutical
				  agents in the diagnosis and optometric management of ocular disease.
B. The 6 credit hours of continuing education
				  relating to the use of diagnostic pharmaceutical agents required every 2 years
				  to maintain certification may be included as part of the hours of continuing
				  education required for biennial license renewal.
C. An optometrist is responsible for
				  maintaining proficiency with the current CPR procedures as recommended by the
				  American Heart Association.
D. The
				  Board shall grant continuing education credit for CPR recertification
				  courses.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.11 - Use of Diagnostic Pharmaceutical Agents › Section 10.28.11.05 - Reporting

Current through Register Vol. 51, No. 14, July 12, 2024
An optometrist certified to use diagnostic pharmaceutical
					 agents shall report to the Board, on the form provided by the Board, any
					 incident of adverse reaction to the administration of diagnostic pharmaceutical
					 agents.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.11 - Use of Diagnostic Pharmaceutical Agents › Section 10.28.11.9999 - Administrative History

Current through Register Vol. 51, No. 14, July 12, 2024
Regulation .02A, B amended effective November 20, 1994
					 (21:33 Md. R. 1933)
Regulation .03 amended effective March 4, 2002 (29:4 Md. R.
					 417)
Regulation .04 amended effective November 20, 1994 (21:33
					 Md. R. 1933)
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.12 - Therapeutic Pharmaceutical Agents › Section 10.28.12.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				  the following terms have the meanings indicated.
B. Terms Defined.
(1) "Adverse drug reaction" means a physical
				  or psychological reaction experienced by a patient which:
(a) Results from the administration of
				  diagnostic or therapeutic pharmaceutical agents;
(b) Poses a threat to the health of the
				  patient; and
(c) Requires treatment
				  or medical intervention.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.12 - Therapeutic Pharmaceutical Agents › Section 10.28.12.02 - Requirements for Certification

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Except for an optometrist who qualifies under §B or C of this regulation,
				  the Board shall certify an optometrist licensed to practice in Maryland as
				  qualified to use TPAs if the licensed optometrist submits to the Board evidence
				  satisfactory to the Board that the optometrist:
(1) Has successfully completed at least 110
				  hours of Board-approved TPA education before applying for certification to use
				  TPAs;
(2) Has successfully passed
				  the National Board of Examiners in Optometry's (NBEO) Treatment and Management
				  of Ocular Disease (TMOD) Examination;
(3) Is currently certified by the Board to
				  administer topical ocular DPAs; and
(4) Has successfully completed 5 hours of
				  Board-approved and accredited courses in the management of topical steroids,
				  which includes anterior segment pharmacological treatment.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.12 - Therapeutic Pharmaceutical Agents › Section 10.28.12.03 - Requirements for Renewal of Certification

Current through Register Vol. 51, No. 14, July 12, 2024
A. An optometrist certified by the Board
				  under this chapter shall complete 50 hours of continuing education during the 2
				  year licensure period in order to renew the optometrist's license.
B. An optometrist certified by the Board
				  under this chapter shall complete 30 hours of continuing education in the use
				  and management of TPAs, during the 2-year licensure period.
C. The Board shall count the 30 hours of
				  continuing education in TPAs toward the 50 hours of continuing education
				  required for biennial renewal.
D. A
				  therapeutically certified optometrist shall be certified in CPR and shall
				  verify this certification on request by the Board.
E. Unless there are extenuating circumstances
				  acceptable to the Board, the Board shall revoke the TPA certification of an
				  optometrist who does not fulfill the requirements for renewal of the TPA
				  certification.
F. TPA
				  Self-Assessment. At the time of license renewal, the therapeutically certified
				  optometrist shall complete a self-assessment checklist provided by the Board to
				  evaluate the following aspects of the optometrist's practice utilizing TPAs,
				  including but not limited to:
(1) Legibility
				  and completeness of TPA records;
(2) Documentation of patient visits, services
				  rendered, and communications;
(3)
				  Documentation of subjective complaints, objective findings, clinical
				  assessments relating to the findings of the diagnosis, and the plan;
(4) A written office plan for handling
				  emergencies;
(5) A system for
				  patients to reach the optometrist, or to access care, in the event of an ocular
				  emergency;
(6) A systematic
				  discarding of expired medications;
(7) Documentation of current CPR
				  certification;
(8) An infection
				  control policy;
(9) Patient
				  confidentiality;
(10) A patient
				  tracking system that enables identification and follow-up to ensure treatment
				  of patients who:
(a) Are being followed or
				  referred out for emergency sight or life-threatening conditions; or
(b) Fail to keep
				  appointments;
(11)
				  Procedures for appropriate termination of the doctor patient relationship when
				  necessary;
(12) Satisfactory
				  explanation of the treatment plan so that the patient knows and understands the
				  nature of the patient's problem or problems and the goals of the treatment
				  regimen; and
(13) Advice to
				  patients regarding the importance of progress examinations and follow-up
				  care.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.12 - Therapeutic Pharmaceutical Agents › Section 10.28.12.04 - Standards of Quality for Therapeutically Certified Optometrists and Optometric Care

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  therapeutically certified optometrist shall provide clinical therapeutic eye
				  care consistent with published, universally accepted practice or clinical
				  guidelines and standards of care.
B. The therapeutically certified optometrist
				  shall adhere to the additional guidelines and standards of care given in
				  §§C- T of this regulation.
C. The therapeutically certified optometrist
				  shall ensure that:
(1) TPA records are
				  consistent with the Subjective, Objective, Assessment, and Plan (SOAP)
				  format;
(2) Assessment and plans
				  are consistent with the patient's subjective and clinical findings;
				  and
(3) TPA records are complete
				  and legible.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.12 - Therapeutic Pharmaceutical Agents › Section 10.28.12.05 - Monitoring of Complaint Investigation

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board shall review complaints against
				  optometrists relating to ocular therapeutics, management of primary open angle
				  glaucoma, removal of superficial foreign bodies, and other aspects of practice
				  by a therapeutically certified optometrist.
B. The Board's procedures for handling
				  complaints are governed by Health Occupations Article, Title 11, Annotated Code
				  of Maryland, COMAR 10.28.04, and State Government Article, 10-201-10-227,
				  Annotated Code of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.13 - Civil Penalties › Section 10.28.13.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter establishes the standards by which the Board
					 may:
A. Impose an administrative
				  monetary penalty not exceeding $5,000 on an individual licensed under Health
				  Occupations Article, Title 11, Annotated Code of Maryland, for an act or
				  omission prohibited under Health Occupations Article, §
										11-313, Annotated
				  Code of Maryland; or
B. Assess a
				  civil fine not exceeding $50,000 on a person who violates Health Occupations
				  Article, §
										11-501,
				  11-502, or
				  11-504, Annotated
				  Code of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.13 - Civil Penalties › Section 10.28.13.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				  the following terms have the meanings indicated.
B. Terms Defined.
(1) "Board" means the Board of Examiners in
				  Optometry.
(2) "Licensee" means an
				  individual licensed by the Board to practice optometry.
(3) "Violation" means:
(a) An act or omission prohibited under
				  Health Occupations Article, §
												11-313, Annotated
				  Code of Maryland; or
(b) An act
				  prohibited under Heath Occupations Article, § 11 - 501, 11-502, or 11-504,
				  Annotated Code of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.13 - Civil Penalties › Section 10.28.13.03 - Authority to Impose an Administrative Monetary Penalty

Current through Register Vol. 51, No. 14, July 12, 2024
A. After a hearing under Health Occupations
				  Article, §
										11-315, Annotated
				  Code of Maryland, and COMAR 10.28.04, the Board may impose an administrative
				  monetary penalty of $5,000 or less on a licensee who is found to have committed
				  a violation.
B. The Board may
				  impose a penalty under §A of this regulation:
(1) For each occasion the licensee commits a
				  violation, not to exceed a maximum of $5,000;
(2) In addition to suspension or revocation
				  of a license; or
(3) Instead of
				  suspension of a license.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.13 - Civil Penalties › Section 10.28.13.04 - Factors to be Considered in the Assessment of Penalties

Current through Register Vol. 51, No. 14, July 12, 2024
In determining whether to impose a penalty and the amount
					 of the penalty, the Board shall consider the following factors:
A. The cost of investigating and prosecuting
				  the case against the individual;
B.
				  The extent of actual or potential public harm caused by the
				  violation;
C. The extent to which
				  the individual derived a financial benefit from the violation;
D. The history of a previous violation or
				  violations;
E. The willfulness of
				  the improper conduct; and
F.
				  Mitigating factors as presented by the licensee.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.13 - Civil Penalties › Section 10.28.13.05 - Payment of Penalties

Current through Register Vol. 51, No. 14, July 12, 2024
A. Within
				  30 days of the date of the Board's order:
(1)
				  A licensee shall pay to the Board the administrative monetary penalty imposed;
				  or
(2) A person shall pay the civil
				  fine assessed by the Board
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.13 - Civil Penalties › Section 10.28.13.06 - Civil Fines

Current through Register Vol. 51, No. 14, July 12, 2024
A. After a
				  hearing under Health Occupations Article, §
										11-315, Annotated
				  Code of Maryland, and COMAR 10.28.04, the Board may assess a civil fine not to
				  exceed $50,000 against a person who:
(1)
				  Practices optometry without a license in violation of Health Occupations
				  Article, §
											11-501, Annotated
				  Code of Maryland;
(2) Misrepresents
				  to the public by title, by description of services, methods, or procedures, or
				  otherwise that the person practices optometry in violation of Health
				  Occupations Article, §
											11-502, Annotated
				  Code of Maryland; or
(3) Knowingly
				  sells or dispenses contact lenses or replacement contact lenses without a valid
				  and unexpired prescription or replacement contact lens prescription in
				  violation of Health Occupations Article, §
											11-504, Annotated
				  Code of Maryland
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.14 - Code of Conduct › Section 10.28.14.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter governs all optometrists licensed by the State
					 Board of Examiners in Optometry to practice in the State.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.14 - Code of Conduct › Section 10.28.14.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				  the following terms have the meanings indicated.
B. Terms Defined.
(1) "Board" means the Board of Examiners in
				  Optometry.
(2) "Inappropriate
				  sexual language" means:
(a) A sexualized
				  harassing comment;
(b) An
				  eroticized or sexually provocative comment not reasonably associated with a
				  health care matter; or
(c) An
				  inappropriate discussion of a sexually related matter.
(3) "Patient" means the individual to whom
				  the licensee is rendering professional service.
(4) "Sexual behavior" means:
(a) A sexual act as specified in Criminal Law
				  Article, §
												3-301(e)
				  and (g), Annotated Code of Maryland; and
(b) Sexual contact as specified in Criminal
				  Law Article, §
												3-301(f),
				  Annotated Code of Maryland.
(5) "Sexual exploitation" means a situation
				  in which the licensee takes advantage of the unequal relationship between the
				  licensee and a patient, a student, or an employee to obtain sexual
				  favors.
(6) "Sexual harassment"
				  means a deliberate or repeated comment, advance, gesture, solicitation,
				  request, or physical contact of a sexual nature.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.14 - Code of Conduct › Section 10.28.14.03 - General Conduct

Current through Register Vol. 51, No. 14, July 12, 2024
A. The licensee
				  shall:
(1) Apprise the patient of the risks,
				  opportunities, and obligations associated with services available to the
				  patient;
(2) Make the fee for
				  service clear, maintain adequate financial records, and confirm arrangements
				  for financial reimbursement with the patient;
(3) Notify the patient promptly and seek the
				  transfer, referral, or continuation of service in relation to the patient's
				  need or preference if the licensee anticipates the termination or interruption
				  of service to the patient;
(4)
				  Obtain voluntary and informed consent from a patient for participation in
				  research, without direct or implied deprivation or penalty for refusal to
				  participate;
(5) Inform the Board
				  of unethical conduct by a licensed optometrist; and
(6) Inform the Board about an individual who
				  is not licensed by the Board but who represents that the individual is an
				  optometrist and is practicing, attempting to practice, or offering to practice
				  optometry.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.14 - Code of Conduct › Section 10.28.14.04 - Sexual Misconduct

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				  optometrist may not engage in sexual misconduct in the practice of
				  optometry.
B. Sexual misconduct
				  includes, but is not limited to:
(1) Sexual
				  behavior with a client or patient in the context of a professional evaluation,
				  treatment, procedure, or service to the client or patient, regardless of the
				  setting in which the professional service is provided;
(2) Sexual behavior with a client or patient
				  under the pretext of diagnostic or therapeutic intent or benefit;
(3) Requesting sexual favors of a client or
				  patient;
(4) Inappropriate touching
				  of a client or patient in a sexual manner;
(5) Therapeutically unnecessary discussion of
				  sexual matters or other verbal conduct of a sexual nature while treating a
				  patient;
(6) Taking photographs or
				  video tapes of a client or patient for sexual purposes;
(7) Sexual harassment of staff or
				  students;
(8) Sexual exploitation;
				  or
(9) Inappropriate sexual
				  language.