reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2901 - Mississippi State Board of Optometry Rules and Regulations › Chapter 1 - Examinations › Rule 30-2901-1.8 - Military Applicant/ Military Spouse

Current through June 25, 2024
1. The Mississippi
				State Board of Optometry shall issue a license, certification or registration
				to a military-trained applicant to allow the applicant to lawfully practice the
				applicant's occupation in Mississippi pursuant to Section 7319-25, Miss. Code
				Ann. (1972) as amended. to if, upon application to the Board, the applicant
				satisfies the following conditions:
(a). Has
				been awarded a military occupational specialty relating to optometry and has
				done all of the following at a level that is substantially equivalent to or
				exceeds the requirements for licensure, certification or registration of the
				Board in this state: completed a military program of training, completed
				testing or equivalent training and experience as determined by the Board, and
				performed in optometry; and
(b).
				Has engaged in active practice of optometry for at least two (2) of the five
				(5) years preceding the date of the application under this section;
				and
(c). Has not committed any act
				in any jurisdiction that would have constituted grounds for refusal, suspension
				or revocation of a license to practice optometry in this state at the time that
				at was committed; and
(d). Pays any
				fees required by the Board.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2901 - Mississippi State Board of Optometry Rules and Regulations › Chapter 1 - Examinations › Rule 30-2901-1.9 - Endorsement

Current through June 25, 2024
The Mississippi State Board of Optometry will consider any
				  Mississippi licensed optometrist applying endorsement as provided for in
				  73-19-157, Miss. Code Ann. (1972) as amended. Endorsement for YAG laser
				  posterior capsulotomy must hold a therapeutic license in Mississippi, either by
				  completion of application process stated in 1.2 or by reciprocity outlined in
				  1.7.
Miss Code
				  Ann. §
										73-19-25 section
				  73-19-157
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2901 - Mississippi State Board of Optometry Rules and Regulations › Chapter 2 - Administration › Rule 30-2901-2.0 - Request for Pre-Licensure Determination

Current through June 25, 2024
An individual may request the Board for a determination of
				  whether the individual's criminal record will disqualify the individual from
				  obtaining a license. The determination request shall be in writing, filed on a
				  form supplied by the Board and signed in the presence of a notary. The request
				  shall also be accompanied by a certified copy of any judgement of conviction
				  and a fee of $25.00.
(a) Disqualifying
				Crimes
An individual may be denied a license based on a felony
				  conviction which includes the following: a deferred conviction, a deferred
				  prosecution, a deferred sentence, finding or verdict of guilt, admission of
				  guilt or a plea of nolo contendre.
An individual may be denied a license based on crimes
				  directly related to licensure practice. Crimes involving fraud or
				  misrepresentation, theft, cheating to pass a licensure exam, embezzlement,
				  shoplifting, forgery, burglary, and identity theft.
An applicant may be denied a license based on the admission
				  of multiple convictions, including misdemeanor convictions and pending
				  unresolved charges; both may be used to determine if an individual shall be
				  denied a license.
(b)
				Determination Notification
The Board or its designee shall issue a written determination
				  notification to the individual within 30 days from the Board's receipt of the
				  individual's request.
The individual shall be provided one of the following
				  responses:
(1) If the individual's
				request contains insufficient information, the Board or its designee will
				notify the individual that a determination cannot be made at this time as to
				the individual's standing or whether or not the criminal record will disqualify
				the individual from obtaining a license.
(2) The Board or its designee shall notify
				the individual in writing of the following:
a.
				grounds and reasons for denial or disqualification.
b. the individual's right to an
				administrative hearing to challenge the Board or it's designee's decision. The
				notice must include the time, date and nature of the hearing pursuant to the
				Board's statutory provisions and rules and regulations.
c. the earliest date to reapply for a
				license;
d. evidence of
				rehabilitation may be considered upon reapplication.
Sections
				  73-19-9, section
				  73-19-23
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2901 - Mississippi State Board of Optometry Rules and Regulations › Chapter 2 - Administration › Rule 30-2901-2.2 - Public Participation in Meetings

Current through June 25, 2024
A scheduled time shall be established on each agenda to allow
				  the opportunity for public comment on any issue under the jurisdiction of the
				  board. The time allowed an individual spokesperson may be limited at the
				  discretion of the chair.
Miss Code
				  Ann. §
										25-41-3
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2901 - Mississippi State Board of Optometry Rules and Regulations › Chapter 2 - Administration › Rule 30-2901-2.3 - Organization

Current through June 25, 2024
(a). The Board
				shall consist of five (5) members appointed by the Governor, with advice and
				consent of the Senate.
(b). Each
				member shall be appointed from a list submitted by The Mississippi Optometric
				Association consisting of its three (3) members, or by appointment by any
				qualified member of the association, all of whom must be residents of
				Mississippi.
(c). Initial
				appointments to the Board will be for staggered terms. All subsequent
				appointments to the Board shall be appointed by the Governor for the terms of
				five (5) years from the expiration date of the previous term. No person shall
				be appointed for more than two (2) consecutive terms. Each member shall remain
				in office after the expiration of his term until his successor shall be duly
				appointed and qualified.
(d). Board
				members shall receive the per diem authorized under Section
				25-3-69 of the Miss. Code Ann.
				(1972) as amended for each day actually discharging his official duties, and
				shall receive reimbursement for mileage and necessary expense incurred, as
				provided in Section
				25-3-41 of the Miss. Code Ann.
				(1972) as amended.
(e). No person
				so appointed shall be a stockholder or a member of the faculty or the board of
				trustees of any school of optometry.
(f). The Board shall organize by the election
				from its members of a president and a secretary, who shall hold their
				respective offices for one (1) year.
(g). A majority of the board shall constitute
				a quorum, but a less number by adjourn from time to time.
Miss Code
				  Ann. §
										73-19-7
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2901 - Mississippi State Board of Optometry Rules and Regulations › Chapter 2 - Administration › Rule 30-2901-2.4 - Board Operations

Current through June 25, 2024
(a). The Board
				shall make such rules and regulation as may be necessary to carry out the
				provisions of the statute; provided, however, that it shall require the
				concurrence of a majority of the member of the board to grant or revoke a
				license.
(b). The Board shall hold
				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.
(c). Meeting dates, times, and locations are
				published in the Board's minutes.
(d). An organizational meeting shall be held
				in January of even numbered years for the purpose of electing
				officers.
Miss Code
				  Ann. §
										73-19-9
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2901 - Mississippi State Board of Optometry Rules and Regulations › Chapter 2 - Administration › Rule 30-2901-2.5 - Oral Proceeding

Current through June 25, 2024
(a). The Board will
				conduct an oral proceeding on a proposed rule or amendment if requested by a
				political subdivision, an agency or ten (10) persons in writing within twenty
				(20) days after the filing of the notice of the proposed rule.
(b). Each request must be printed,
				typewritten, or legibly handwritten. Each request must be submitted on standard
				business letter-sized paper (8-1/2 inches by 11 inches). Requests may be in the
				form of a letter addressed to the Board and signed by the
				requestor(s).
(c). The date, time,
				and place of all oral proceedings shall be filed with the Secretary of State's
				office and mailed to each requestor. The oral proceedings will be scheduled no
				earlier than twenty (20) days from the filing of this information with the
				Secretary of State.
(d). The
				Chairman or his designee, who is familiar with the substance of the proposed
				rule, shall preside at the oral proceeding on a proposed rule.
(e). Public Presentations and Participation
(1) At an oral proceeding on a proposed rule,
				persons may make oral statements and make documentary and physical submissions,
				which may include data, views, comments or arguments concerning the proposed
				rule.
(2) Persons wishing to make
				oral presentations at such a proceeding shall notify the Board at least one (1)
				business day prior to the proceeding and indicate the general subject of their
				presentations. The presiding officer, in his or her discretion may allow
				individuals to participate that have not previously contacted the
				Board.
(3) At the proceeding, those
				who participate shall indicate their names and addresses, identify any persons
				or organizations they may represent, and provide any other information relating
				to their participation deemed appropriate by the presiding officer.
(4) The presiding officer may place time
				limitations on individual oral presentations when necessary to ensure the
				orderly and expeditious conduct of the oral proceeding. To encourage joint oral
				presentations and avoid repetition, additional time may be provided for persons
				whose presentations represent the views of other individuals as well as their
				own views.
(5) Persons making oral
				presentations are encouraged to avoid restating matters that have already been
				stated or matters that have already been submitted in writing. Written
				materials may, however, be submitted at the oral proceedings.
(6) There shall be no interruption of a
				participant who has been given the floor by the presiding officer, except that
				the presiding officer may in his or her discretion interrupt or end the
				participant's time where the orderly conduct of the proceeding so
				requires.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2901 - Mississippi State Board of Optometry Rules and Regulations › Chapter 2 - Administration › Rule 30-2901-2.6 - Declaratory Opinions

Current through June 25, 2024
These rules set forth the Mississippi State Board of
				  Optometry hereinafter "Board", rules governing the form and content of requests
				  for declaratory opinions, and the Board's procedures regarding the requests as
				  required by Mississippi Code 305. These rules are intended to supplement and to
				  be read in conjunction with the provisions of the Mississippi Administrative
				  Procedure Law, which contain additional information regarding the issuance of
				  declaratory opinions. In the event of any conflict between these rules and the
				  Mississippi Administrative Procedure Law, the latter shall govern:
(a) Any person with a substantial interest in
				the matter may request a declaratory opinion from the Board by following the
				specified procedures. "Substantial interest in the subject matter" means: an
				individual, business, group, or other entity that is directly affected by the
				Board's administration of the law within its primary jurisdiction. "Primary
				jurisdiction of the Board" means the Board has a constitutional or statutory
				grant of authority in the subject matter at issue.
(b) The Board will issue a declaratory
				opinion regarding the applicability to specified facts of:
(1) a statute administered or enforceable by
				the Board, or
(2) a rule
				promulgated by the Board.
The Board will not issue a declaratory opinion regarding a
				  statute or rule which is outside the primary jurisdiction of the agency.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2901 - Mississippi State Board of Optometry Rules and Regulations › Chapter 3 - Fees › Rule 30-2901-3.1 - Licensure and Renewal

Current through June 25, 2024
The following schedule of fees for examination, registration
				  and renewal of certificates is hereby established:
(a) $200.00 for an examination of an
				applicant who is a resident of Mississippi
(b) $300.00 for an examination of an
				applicant who is a non-resident of Mississippi
(c) $325.00 for every registered optometrist
				who desires to continue the practice of optometry. Said fee to be collected on
				an annual basis on or before January 1 for application to the one-year period
				then beginning.
(d) Licensing fee
				via reciprocity Rule 1.7 will be
				prorated.
(e) $750.00 for Primary
				Eyecare Procedure certification fee. (Then $750.00 fee is required for all
				Optometrists applying for PEP certification, including the Optometrists
				requesting endorsement.
Miss Code
				  Ann. §
										73-19-21
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2901 - Mississippi State Board of Optometry Rules and Regulations › Chapter 3 - Fees › Rule 30-2901-3.2 - Failure to Renew, Retired Optometrist Renewal

Current through June 25, 2024
In the case of failure to obtain continuing education hours
				  or to neglect to pay the renewal registration fee herein specified, the board
				  may revoke any certificate granted and the holder thereof may be reinstated by
				  complying with the conditions specified in Section
				  73-19-21 of the Mississippi Code
				  of 1972 as amended and related Code sections. However, no certificate or permit
				  shall be revoked without giving 60 days notice to the delinquent, who, within
				  such period, shall have the right of renewal of such certificate on payment of
				  a renewal fee of $325.00 together with a penalty of $15.00, provided, that
				  retirement from practice for a period not exceeding five (5) years shall not
				  deprive the holder of a certificate of the right to renew his certificate on
				  the payment of all lapsed fees and meeting any applicable continuing education
				  requirements. An optometrist shall not be deemed retired unless he in good
				  faith so advises the board in writing prior to his certificate being revoked
				  for failure to pay the fees required by law. Retired individuals seeking to
				  return to the active practice of optometry under this provision shall pay a
				  renewal fee based on $325.00 per year for the period of his retirement and
				  shall not have the benefit of the reduced fee for restricted practice provided
				  in this rule.
Miss Code
				  Ann. §
										73-19-21
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2901 - Mississippi State Board of Optometry Rules and Regulations › Chapter 4 - Continuing Education › Rule 30-2901-4.2 - General requirements for PEP certified optometrists

Current through June 25, 2024
(a) PEP certified
				Optometrists, that are certified to perform Authorized Ophthalmic Surgical
				Procedures, such as YAG laser posterior capsulotomy, will be required to
				complete an outcomes form (provided by the Board) each year during the annual
				license renewal process.
(b). PEP
				Certified Optometrists must dedicate 6 hours annually of their 20 hours
				pertaining to the performance of primary eyecare procedures.
Miss Code
				  Ann. §
										73-19-1,
				  73-19-9,
				  73-19-153,
				  73-19-157
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2901 - Mississippi State Board of Optometry Rules and Regulations › Chapter 5 - Complaint Procedure › Rule 30-2901-5.1 - Filing, Investigation and Disposition

Current through June 25, 2024
The complaint procedure will be as follows:
(a) Filing complaints. Complaints shall be
				filed on the board's complaint form. The board shall adopt the following form
				as its official complaint form, which shall be maintained at the board's office
				for use at the request of any complainant. At a minimum, all complaints shall
				contain information necessary for the proper processing of the complaint by the
				board, including, but not limited to:
(1)
				Complainant's name, address and phone number
(2) Name, address and phone number of the
				optometrist, therapeutic optometrist, or other person, firm or corporation, if
				known
(3) Date, time and place of
				occurrence of alleged violation, and
(4) Complete description of incident giving
				rise to the complaint.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2901 - Mississippi State Board of Optometry Rules and Regulations › Chapter 5 - Complaint Procedure › Rule 30-2901-5.2 - Disciplinary Proceedings

Current through June 25, 2024
(a) General
				Statement. In any contested case, opportunity shall be afforded to all parties
				to respond and present evidence and argument on all issues involved. Unless
				precluded by law, informal disposition may be made of any contested case by
				stipulation, agreed settlement, consent order, default, or dismissal.
(b) Informal Disposition of Contested Case.
				Prior to the imposition of disciplinary sanctions against a license, the
				licensee may be offered an opportunity to attend an informal conference and
				show compliance with all requirements of law.
(1) Informal conferences shall be attended by
				an attorney employed by the board, a board member and other representatives of
				the board as the President and legal counsel may deem necessary for the proper
				conduct of the conference. The licensee and/or the licensee's authorized
				representative may attend the informal conference and shall be provided an
				opportunity to be heard.
(2) In any
				case where charges are based upon information provided by a person who filed a
				complaint with the board (complainant), the complainant may attend the informal
				conference, and shall be provided with an opportunity to be heard with regard
				to charges based upon the information provided. Nothing herein requires a
				complainant to attend an informal conference.
(3) Informal conferences shall not be deemed
				to be meetings of the board and no formal record of the proceedings at the
				conferences shall be made or maintained.
(4) Any proposed order shall be presented to
				the board for its review. At the conclusion of its review, the board shall
				approve, amend, or disapprove the proposed order. Should the board approve the
				proposed order, the appropriate notation shall be made in the minutes of the
				board and the proposed order shall be entered as an official action of the
				board. Should the board amend the proposed order, the Board Attorney shall
				contact the respondent to seek concurrence. If the respondent does not concur,
				the provisions of the next sentence shall apply. Should the board disapprove
				the proposed order, the case shall be rescheduled for purposes of reaching an
				agreed order, or in the alternative forwarded to the State Office of
				Administrative Hearings for formal action.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2901 - Mississippi State Board of Optometry Rules and Regulations › Chapter 5 - Complaint Procedure › Rule 30-2901-5.3 - Probation

Current through June 25, 2024
(a) The board shall
				have the right and may upon majority vote rule that an order denying an
				application for license or any order canceling, suspending, or revoking any
				license be probated so long as the probated practitioner conforms to such
				orders and rules as the board may set out in the terms of the probation. The
				board, at the time of its decision to probate the practitioner, shall set out
				the period of time which shall constitute the probationary period; provided,
				however, that the board may at any time while the practitioner remains on
				probation upon majority vote rescind the probation and enforce the board's
				original action denying, suspending, or revoking such license for violation of
				the terms of the probation or for other good cause as the board in its
				discretion may determine.
(b) The
				Executive Director shall maintain a chronological and alphabetical listing of
				licensees who have had their license canceled, suspended, or revoked, and shall
				monitor each consent order in respect to each license holder's specific
				sanction. Any noncompliance observed as a result of monitoring shall be
				referred to the board.
Miss Code
				  Ann. §
										73-19-43
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2901 - Mississippi State Board of Optometry Rules and Regulations › Chapter 5 - Complaint Procedure › Rule 30-2901-5.4 - Reinstatement

Current through June 25, 2024
Any practitioner whose license to practice has been
				  suspended, revoked, or restricted may apply to the Board within a year unless
				  an order from the Board says otherwise. In considering the reinstatement, the
				  Board shall consider all factors it deems relevant, including, but not limited
				  to, payment of applicable fees, proof of rehabilitation, and current passing
				  scores on the Mississippi Rules & Regulations/Law examination. The
				  applicant must appear before the Board to apply for reinstatement. After
				  consideration of the proposal for decision, the board in its discretion
				  may:
(a) deny reinstatement of a
				lapsed, revoked, or suspended license;
(b) reinstate a revoked or suspended license
				and probate the practitioner for a specified period of time under specified
				conditions;
(c) authorize
				reinstatement of the lapsed, revoked, or suspended license.
Miss Code
				  Ann.§
										73-29-9; §
										73-19-23
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2901 - Mississippi State Board of Optometry Rules and Regulations › Chapter 5 - Complaint Procedure › Rule 30-2901-5.5 - Administrative Fines and Penalties

Current through June 25, 2024
(a) In accordance
				with Section
				73-19-43 of the Act, penalties may
				be assessed for violations of the Act or rule or order of the board.
(b) The amount of the penalty shall include,
				but not be limited to:
(1) the seriousness of
				the violation, including nature, circumstances, extent and gravity of any
				prohibited act, and hazard or potential hazard created to the health, safety,
				or economic welfare of the public;
(2) the economic harm to property or the
				environment caused by the violation;
(3) the history of previous
				violations;
(4) the amount
				necessary to deter future violations;
(5) efforts to correct the violation;
				and
(6) any other matter that
				justice may require.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2901 - Mississippi State Board of Optometry Rules and Regulations › Chapter 6 - Requirements for prescriptions › Rule 30-2901-6.1 - Contact Lens Prescriptions

Current through June 25, 2024
(a) No person,
				other than persons licensed or regulated by Section
				73-19-61 shall sell, dispense, or
				serve as a conduit for the sale or dispensing of contact lenses to the ultimate
				user of such contact lenses in the state through the mail or any other means
				other than direct in-person delivery, to such ultimate user by such person
				after having personally ascertained by reliable means the identity of the
				deliverer.
(b) The written contact
				lens prescription of a licensed optometrist is the same as mentioned in Section
				73-19-61 of the Act shall include
				the name of the patient, the date the prescription is written, and the
				expiration date of the prescription written in letter form. The foregoing
				information is necessary to assist any party filling the prescription in
				identifying the party for whom the prescription has been written and to ensure
				the prescription is current.
(c) In
				order to fill contact lens prescriptions the original current prescription or a
				copy of the current original prescription signed by the licensed practitioner
				is required in hard copy form.
(d)
				A contact lens prescription is valid for one (1) year. The practicing
				Optometrist is required to release the contact lens prescription whether the
				patient asks for it or not. The optometrist cannot require the patient to pay
				an extra fee or purchase contact lenses. The patient must sign acknowledgement
				of receipt.
(e) The prescribing
				doctor or the entity filling the prescription is required to arrange for
				appropriate follow-up care within thirty (30) days.
(f) The written prescription for hard contact
				lenses may include in addition to the foregoing, the following:
(1) Base curve
(2) Sphere power with cylinder and axis, as
				necessary
(3) Diameter
(4) Optical zone size
(5) Secondary curve-radius and
				width
(6) Lens size
(7) Material to be used
(8) Degree of Blend (light, medium,
				heavy)
(9) Center
				Thickness
(10) Color
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2901 - Mississippi State Board of Optometry Rules and Regulations › Chapter 6 - Requirements for prescriptions › Rule 30-2901-6.2 - Spectacle prescriptions

Current through June 25, 2024
(a) The written
				spectacle prescription of a licensed optometrist shall include the name of the
				patient, the date the prescription is written, and the expiration date of the
				prescription.
(b) Spectacle
				prescriptions are defined as follows:
(1)
				sphere power
(2) cylinder and axis
				power, if necessary
(3) prism and
				base amount, if necessary
(4)
				bifocal power, if necessary
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2901 - Mississippi State Board of Optometry Rules and Regulations › Chapter 7 - Delegation of professional responsibility to laymen prohibited › Rule 30-2901-7.1 - Delegation prohibited

Current through June 25, 2024
(a) No optometrist
				shall delegate authority to a lay person to perform any act requiring the
				exercise of professional knowledge and judgment on any patient whose visual
				welfare is the responsibility of the licensed optometrist.
(b) Non- licensed supportive personnel may
				not delegate diagnosis or treatment duties under any circumstances.
(c) To ensure patient confidentiality of
				examination records, a non-employee shall not be allowed to perform any task or
				function which would require or give them access to patient records or
				examination reports of any person without prior written authorization of that
				patient. (This provision shall not be applicable to restrict access to patient
				records of staff members who are paid through employee leasing
				plans.)
(d) The licensed
				practitioner shall be responsible for all delegated acts performed by persons
				under his/her direct and general supervision.
Miss Code
				  Ann. §
										73-19-3; §
										73-19-9
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2901 - Mississippi State Board of Optometry Rules and Regulations › Chapter 8 - Professional responsibility › Rule 30-2901-8.1 - Optometrists shall remain free of control

Current through June 25, 2024
(a) The provisions
				of this section are adopted in order to protect the public in the practice of
				optometry or therapeutic optometry, better enable members of the public to fix
				professional responsibility, and further safeguard the doctor-patient
				relationship.
No optometrist or therapeutic optometrist shall divide,
				  share, split, or allocate, either directly or indirectly, any fee for
				  optometric or therapeutic optometric services or materials with any lay person,
				  firm or corporation, provided that this rule shall not be interpreted to
				  prevent an optometrist or therapeutic optometrist from paying an employee in
				  the regular course of employment, and provided further, that it shall be
				  construed as a violation of this rule for any optometrist or therapeutic
				  optometrist to lease space from an establishment, or to pay for franchise fees
				  or other services, on a percentage or gross receipts basis.
Miss Code
				  Ann.§
										73-19-3
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2901 - Mississippi State Board of Optometry Rules and Regulations › Chapter 8 - Professional responsibility › Rule 30-2901-8.2 - Lease of premises from mercantile establishment

Current through June 25, 2024
(a) In order to
				safeguard the visual welfare of the public and the doctor-patient relationship,
				fix professional responsibility, establish standards of professional
				surroundings, more nearly secure to the patient the optometrist's or
				therapeutic optometrist's undivided loyalty and service, and carry out the
				prohibitions of this Rule against placing an optometric or therapeutic
				optometric license in the service or at the disposal of unlicensed persons. No
				optometrist or therapeutically certified optometrist shall conduct his
				profession in a room or part of a room in or on the premises where commercial
				or mercantile establishment is the primary business being conducted.
(b) The practice must be owned by a
				Mississippi-licensed optometrist or therapeutic optometrist. Every phase of the
				practice and the leased premises shall be under the exclusive control of a
				Mississippi-licensed optometrist or therapeutic optometrist.
(c) The prescription files and all business
				records of the practice shall be the sole property of the optometrist or
				therapeutic optometrist and free from involvement with the mercantile
				establishment or any unlicensed person.
(d) The lease space shall be definite and
				apart from the space occupied by other occupants of the premises. It shall be
				separated from space used by other occupants of the premises by solid, opaque
				partitions or walls from floor to ceiling. Railings, curtains, doors (locked or
				unlocked), and other similar arrangements are not sufficient to comply with
				this requirement.
(e) The lease
				space shall have a patient's entrance opening on a public street, hall, lobby,
				corridor, or other public thoroughfare. The aisle of a mercantile establishment
				does not comply with this requirement.
(f) No phase of the optometrist's or
				therapeutic optometrist's practice shall be conducted as a department or
				concession of the mercantile establishment; and there shall be no legends or
				signs such as "Optical Department," "Optometrical Department," or others of
				similar import, displayed on any part of the premises or in any
				advertising.
(g) The optometrist or
				therapeutic optometrist shall not permit his name or his practice to be
				directly or indirectly used in connection with the mercantile establishment in
				any advertising, displays, signs, or in any other manner.
(h) All credit accounts for patients shall be
				established with the optometrist or therapeutic optometrist and not the credit
				department of the mercantile establishment. However, nothing in this subsection
				prevents the optometrist or therapeutic optometrist from thereafter selling,
				transferring, or assigning any such account.
Miss Code
				  Ann. §
										73-19-3; §
										73-19-9
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2901 - Mississippi State Board of Optometry Rules and Regulations › Chapter 8 - Professional responsibility › Rule 30-2901-8.3 - Relationships of optometrists with dispensing opticians

Current through June 25, 2024
(a) The purpose of
				this section is to insure that the practices of optometry and therapeutic
				optometry shall be carried out in such a manner that they are completely and
				totally separated from the business of any dispensing optician, with no control
				of one by the other and no solicitation for one by the other, except as
				hereinafter set forth.
(b) If an
				optometrist or therapeutic optometrist occupies space for the practice of
				optometry or therapeutic optometry in a building or premises in which any
				person, firm, or corporation engages in the business of a dispensing optician,
				the space occupied by the optometrist or therapeutic optometrist shall be
				separated from the space occupied by the dispensing optician by solid
				partitions or walls from floor to ceiling. The space occupied by the
				optometrist or therapeutic optometrist shall have a patient's entrance opening
				on a public street, hall, lobby, corridor, or other public
				thoroughfare.
(c) An optometrist or
				therapeutic optometrist may engage in the business of a dispensing optician,
				own stock in a corporation engaged in the business of a dispensing optician, or
				be a partner in a firm engaged in the business of a dispensing optician, but
				the books, records, and accounts of the firm or corporation must be kept
				separate and distinct from the books, records, and accounts of the practice of
				the optometrist or therapeutic optometrist.
(d) An optometrist shall not allow a person,
				firm, or corporation engaged in the business of a dispensing optician, other
				than a licensed optometrist, therapeutic optometrist, or physician, to have,
				own, or acquire any interest in the practice, books, records, files, equipment,
				or materials of a licensed optometrist or therapeutic optometrist, or have,
				own, or acquire any interest in the premises or space occupied by a licensed
				optometrist or therapeutic optometrist for the practice of optometry or
				therapeutic optometry other than a lease for a specific term without retention
				of the present right of occupancy on the part of the dispensing optician. In
				the event an optometrist, therapeutic optometrist, or physician who is also
				engaged in the business of a dispensing optician (whether as an individual,
				firm, or corporation) does own an interest in the practice, books, records,
				files, equipment or materials of another licensed optometrist or therapeutic
				optometrist, he shall maintain a completely separate set of books, records,
				files, and accounts in connection therewith. Provided however, this shall not
				require an optometrist practicing under his own name and dispensing, repairing
				or duplicating lenses or frames in his own office as a part of his practice to
				maintain separate records.
Miss Code
				  Ann.§
										73-19-3
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2901 - Mississippi State Board of Optometry Rules and Regulations › Chapter 8 - Professional responsibility › Rule 30-2901-8.4 - Ownership of records

Current through June 25, 2024
(a) No optometrist
				shall permit ownership of his prescription files, patient records, and business
				records, by any individual or entity other than himself, with the exception set
				forth on § 73-29-103.
(b) A
				patient may, upon written request, obtain a report of the patient's optometric
				records, or may have a copy of it forwarded to his treating optometrist or
				physician.
Miss Code
				  Ann.§
										73-19-3
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2901 - Mississippi State Board of Optometry Rules and Regulations › Chapter 8 - Professional responsibility › Rule 30-2901-8.6 - Confidentiality

Current through June 25, 2024
(a) Confidential
				Information; Disclosure.
(1) An optometrist
				shall keep in confidence whatever he or she may learn about a patient in the
				discharge of his or her professional duties. All reports and records relating
				to the patient, including those records relating to the identity, examination,
				and treatment of the patient, shall constitute "patient records." Except upon
				written authorization of the patient or as otherwise provided by law, such
				records may not be furnished to and the condition of the patient may not be
				discussed with any person other than the patient or his legal representative or
				other health care providers who are involved in the diagnosis and treatment of
				that patient. Provided, however, that this shall not prohibit an optometrist
				from providing copies of a patient prescription.
(2) It is the responsibility of an
				optometrist to insure that his/her employees, as well as any personnel who are
				not his/her employees but who are performing assigned ministerial duties,
				tasks, and functions, do not violate the confidentiality of patient
				records.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2901 - Mississippi State Board of Optometry Rules and Regulations › Chapter 8 - Professional responsibility › Rule 30-2901-8.7 - Standards for doctor/patient relationship established, duty to report lawsuits and claims to the board

Current through June 25, 2024
Every optometrist will refrain from any exaggeration of the
				  patient's visual disturbances. Any optometrist presented with a claim against
				  him involving his professional services, by letter or lawsuit, shall the same
				  day as received report the same in writing to the Executive Director of the
				  State board of Optometry, together with copies of any such
				  demand.
Miss Code
				  Ann. §
										73-19-9
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2901 - Mississippi State Board of Optometry Rules and Regulations › Chapter 8 - Professional responsibility › Rule 30-2901-8.8 - Specific guarantee prohibited

Current through June 25, 2024
No deceptive, false or misleading guarantee or claim of
				  curative results or professional abilities shall be made by any optometrist
				  related to his professional services or any ophthalmic
				  material.
Miss Code
				  Ann. §
										73-19-9
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2901 - Mississippi State Board of Optometry Rules and Regulations › Chapter 8 - Professional responsibility › Rule 30-2901-8.9 - Proper use of the title Doctor and O.D. degree designation

Current through June 25, 2024
No registered optometrist when using the doctor title shall
				  qualify it in any other way than by the use of the "Optometrist", "Therapeutic
				  Optometrist", " PEP Certified Optometrist". He may, however, when not using the
				  prefix, use after his/her name the "O.D." degree designation.
(a) In the event of the death or retirement
				of an optometrist who was practicing optometry in a partnership, or with a
				professional corporation or professional association, the surviving members of
				the professional corporation or association, may, with the written permission
				of the retiring optometrist, or the deceased optometrist's legal
				representative, continue to use the name of the deceased or retired
				optometrist.
(b) The fact that such
				optometrist is retired or deceased shall clearly be displayed in such manner
				that such facts will be clearly visible to the public prior to entry of the
				optometrist's office or reception area. By way of example, an appropriate
				professional identifying sign might be as follows:
SMITH, JONES & BROWN, INC. OPTOMETRISTS
Jim Smith, O.D. (1912-1981)
Jim Jones, O.D., Retired
Paul Brown, O.D.
Miss Code
				  Ann. §
										73-19-9
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2901 - Mississippi State Board of Optometry Rules and Regulations › Chapter 8 - Professional responsibility › Rule 30-2901-8.10 - Restriction on commissions and secret divisions of fee to secure patients

Current through June 25, 2024
No optometrist shall give or receive a commission or make a
				  secret division of fees, by whatever permit may be called, or under guise or
				  any pretext whatsoever from any unlicensed optometrist, person, firm or
				  corporation to secure optometric patients.
Miss Code
				  Ann. §
										73-19-9
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2901 - Mississippi State Board of Optometry Rules and Regulations › Chapter 8 - Professional responsibility › Rule 30-2901-8.11 - Signs on office doors, windows and buildings

Current through June 25, 2024
The name of each optometrist practicing at each main or
				  branch office shall be clearly posted in public view on or near each entrance
				  used by the public or in each public waiting facility of such
				  location.
Miss Code
				  Ann. §
										73-19-9
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2901 - Mississippi State Board of Optometry Rules and Regulations › Chapter 8 - Professional responsibility › Rule 30-2901-8.12 - Incorporating under professional corporation laws

Current through June 25, 2024
An optometrist may incorporate under current Mississippi
				  Professional Corporation Laws. Any optometrist so incorporated or employed by a
				  Professional Corporation shall abide by all of the optometry laws and the
				  rules, regulations and orders of the Mississippi State Board of
				  Optometry.
Miss Code
				  Ann. §
										73-19-9
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2901 - Mississippi State Board of Optometry Rules and Regulations › Chapter 8 - Professional responsibility › Rule 30-2901-8.13 - Dissemination of optometric consumer information. Standards, restrictions and required disclosures

Current through June 25, 2024
(a) No optometrist
				shall by any means or method disseminate to his/her patients or the public
				information that is false, fraudulent, deceptive, misleading, or unfair; or
				information which contains any unverifiable statement or claim relating to the
				quality of the optometric services to be delivered or which contains any other
				claim which cannot be verified. Dissemination of optometric information
				offering delivery of professional services or ophthalmic materials of any kind,
				delivery of which generally required additional professional services or other
				services, must state whether the offer includes such additional or other
				services.
(b) A copy of each public
				dissemination of information shall be retained in the office of the
				dissemination optometrist for a period of 18 months following the date of last
				dissemination. During such period a record of the date and manner of
				dissemination shall also be maintained. The copy and related information
				concerning dissemination shall be furnished, within seven (7) days of a written
				request, to the State board of its designated agent.
Miss Code
				  Ann. §
										73-19-9
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2901 - Mississippi State Board of Optometry Rules and Regulations › Chapter 8 - Professional responsibility › Rule 30-2901-8.14 - Effect of failure to follow established rules and laws related to practice of Optometry

Current through June 25, 2024
Any optometrist who willfully violates the Optometry Law of
				  Mississippi, any of the rules and regulations of the State board of Optometry,
				  or other lawfully adopted laws or regulations related to the practice of
				  optometry, shall upon the filing of charges and after hearing before the board
				  be subject to having his license revoked or suspended. Such violations are
				  deemed to be unprofessional and unethical conduct. The establishment by these
				  rules of certain acts as being unprofessional and/or unethical shall not limit
				  the right and power of the board to determine what other acts or omissions on
				  the part of a licensee may constitute unprofessional and/or unethical
				  conduct.
Miss Code
				  Ann. §
										73-19-9
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2901 - Mississippi State Board of Optometry Rules and Regulations › Chapter 8 - Professional responsibility › Rule 30-2901-8.15 - Notice of address and telephone number changes required to be given to State board

Current through June 25, 2024
Any person licensed to practice optometry in this State
				  shall, and at least fourteen (14) days prior to the change, send written notice
				  to the board of any change in floor plan his/her office telephone number,
				  his/her business street address, and/or mailing address for any office
				  (including branch offices) in which he practices and the effective date of such
				  change.
Miss Code
				  Ann. §
										73-19-9
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2901 - Mississippi State Board of Optometry Rules and Regulations › Chapter 9 - Standards › Rule 30-2901-9.1 - Adequate Examination

Current through June 25, 2024
(a) In order to
				insure an adequate examination in the initial examination of the patient, the
				optometrist or therapeutic optometrist shall make and record, if possible, the
				following findings of the condition of the patient:
(1) case history (ocular, physical,
				occupational, and other pertinent information);
(2) visual acuity;
(3) biomicroscopy slit lamp examination
				(lids, cornea, sclera, etc.);
(4)
				internal ophthalmoscopic examination (media, fundus, etc.);
(5) static retinoscopy, O.D., O.S., or
				autorefrector;
(6) subjective
				findings, far point and near point;
(7) assessment of binocular
				function;
(8) amplitude or range of
				accommodation;
(9)
				tonometry;
(10) field of vision, to
				right and to left.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2901 - Mississippi State Board of Optometry Rules and Regulations › Chapter 9 - Standards › Rule 30-2901-9.2 - Standards for office

Current through June 25, 2024
Each Optometrists must have the equipment to practice to the
				  current standard of care to include but not limited to the following: An
				  Ophthalmoscope, a retinoscope; an Ophthalmometer or Keratometer and a
				  Refractor, or a trial frame with trial case auxiliary prisms and lenses, test
				  objects of Stereopsis and fusion charts for distance and near visual acuity,
				  Pseudoisochromatic charts for color vision, Tangent screen or Perimeter,
				  Tonometer and a Biomicroscope (slit lamp). Every such examination must be made
				  in an optometric office, and in a room of such office used exclusively for the
				  practice of optometry. Provided that if a person desiring optometric services
				  informs an optometrist that by reason of sickness or other cause he or she is
				  confined to his or her place of abode, said optometrist may make said
				  examination at the place of abode of said person. Provided, further, that said
				  optometrist must have available at said place of abode for said examination the
				  following minimum equipment, to include but not limited to: An Ophthalmoscope,
				  a Retinoscope, a suitable astigmatic test and a reliable trial frame and lenses
				  adequate for determining proper diagnosis.
Miss Code
				  Ann.§
										73-19-3