reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 852 - INDIANA OPTOMETRY BOARD › Article 1 - GENERAL PROVISIONS › Rule 11 - Competent Practice of Optometry; Standards › Section 11-1 - Duties and responsibilities of optometrists

Current through July 10, 2024
Authority: IC
				  25-24-1-1
Affected: IC
				  25-24-1-4
Sec. 1.
An optometrist shall conduct his or her practice in
				  accordance with the following standards, including, but not limited to:
(1) A licensed optometrist is professionally
				competent if in the practice of optometry, he or she exercises the reasonable
				care and diligence ordinarily exercised by members of his or her profession in
				similar cases under like conditions.
(2) A practitioner has a duty and
				responsibility to employ the necessary means in order to obtain a complete
				diagnosis of the human eye, visual system, or associated structures as
				specified by IC
				25-24-1-4.
(3) A practitioner has a duty and
				responsibility as part of a complete diagnosis to maintain comprehensive
				patient records including, but not limited to, systemic and ocular health,
				medications, allergies, family history, prior eye care, systemic and ocular
				problems, examination results, treatments, drugs, agents, or other devices
				administered, prescribed, or dispensed, including all follow-up examinations
				and treatments.
Indiana Administrative Code › Title 852 - INDIANA OPTOMETRY BOARD › Article 1 - GENERAL PROVISIONS › Rule 12 - Professional Conduct; Standards › Section 12-1 - Duties of optometrist

Current through July 10, 2024
Authority: IC
				  25-24-1-1
Affected: IC
				  25-24-1-3
Sec. 1.
An optometrist in the conduct of his practice of optometry
				  shall abide by, and comply with, the following standards of professional
				  conduct:
(a) An optometrist shall
				maintain the confidentiality of all knowledge and information regarding a
				patient, including, but not limited to, the patient's diagnosis, treatment and
				prognosis, and of all records relating thereto, about which the optometrist may
				learn or otherwise be informed during the course of, or as a result of, the
				patient-optometrist relationship. Information about a patient shall be
				disclosed by an optometrist when required by law or when authorized by the
				patient or those responsible for the patient's care.
(b) An optometrist shall give a truthful,
				candid and reasonably complete account of the patient's condition to the
				patient or to those responsible for the patient's care, except where an
				optometrist reasonably determines that the information is or would be
				detrimental to the physical or mental health of the patient, or in the case of
				a minor or incompetent person, except where an optometrist reasonably
				determines that the information would be detrimental to the physical or mental
				health of those responsible for the patient's care.
(c)
(1) The
				optometrist shall give reasonable written notice to an active patient or those
				responsible for the patient's care when the optometrist withdraws from a case
				so that another optometrist may be employed by the patient or by those
				responsible for the patient's care. An optometrist shall not abandon a patient.
				As used in this section, "active patient" means a person whom the optometrist
				has examined, cared for, or otherwise consulted with, during the two-year
				period prior to retirement, discontinuation of practice of optometry, or
				leaving or moving from the community.
(2) An optometrist who withdraws from a case,
				except in emergency circumstances, shall, upon written request, make available
				to his patient all records, test results, histories, diagnoses, files and
				information relating to said patient which are in the optometrist's custody,
				possession or control, or copies of such documents hereinbefore
				described.
Indiana Administrative Code › Title 852 - INDIANA OPTOMETRY BOARD › Article 1 - GENERAL PROVISIONS › Rule 12 - Professional Conduct; Standards › Section 12-2 - Fees for services

Current through July 10, 2024
Authority: IC
				  25-24-1-1
Affected: IC
				  25-24-1-3
Sec. 2.
(a) Fees
				charged by an optometrist for his professional services shall compensate the
				optometrist only for the services actually rendered.
(b) An optometrist shall not divide a fee for
				professional services with another practitioner who is not a partner, employee,
				or shareholder in a professional corporation, unless:
(1) the patient consents to the employment of
				the other practitioner after a full disclosure that a division of fees will be
				made, and
(2) the division of fees
				is made in proportion to actual services performed and responsibility assumed
				by each practitioner.
Indiana Administrative Code › Title 852 - INDIANA OPTOMETRY BOARD › Article 1 - GENERAL PROVISIONS › Rule 12 - Professional Conduct; Standards › Section 12-3 - Responsibility for employees

Current through July 10, 2024
Authority: IC
				  25-24-1-1
Affected: IC
				  25-24-1-3
Sec. 3.
An optometrist shall be responsible for the conduct of each
				  and every person employed by the optometrist for every action or failure to act
				  by said employee or employees in the course of said employee(s) relationship
				  with said optometrist; provided, however, that an optometrist shall not be
				  responsible for the action of persons he may employ whose employment by the
				  optometrist does not relate directly to the optometrist's practice of
				  optometry.
Indiana Administrative Code › Title 852 - INDIANA OPTOMETRY BOARD › Article 1 - GENERAL PROVISIONS › Rule 12 - Professional Conduct; Standards › Section 12-4 - Referral

Current through July 10, 2024
Authority: IC
				  25-24-1-1
Affected: IC
				  25-24-1-3
Sec. 4.
An optometrist may, whenever the optometrist believes it to
				  be beneficial to the patient, send or refer a patient to a qualified specific
				  health care provider. Prior to any such referral, however, the optometrist
				  shall examine and/or consult with the patient to reasonably determine that a
				  condition exists in the patient which would be within the scope of practice of
				  the specific health care provider to whom the patient is
				  referred.
Indiana Administrative Code › Title 852 - INDIANA OPTOMETRY BOARD › Article 1 - GENERAL PROVISIONS › Rule 12 - Professional Conduct; Standards › Section 12-5 - Discontinuation of practice

Current through July 10, 2024
Authority: IC
				  25-24-1-1
Affected: IC
				  25-24-1-3
Sec. 5.
(a) An
				optometrist, upon his retirement or upon discontinuation of the practice of
				optometry, or upon leaving or moving from a community, shall notify all of his
				active patients in writing, or by publication once a week for three (3)
				consecutive weeks, in a newspaper of general circulation in the community, that
				he intends to discontinue his practice of optometry in the community, and shall
				encourage his patients to seek the services of another licensed practitioner.
				The optometrist discontinuing his practice shall make reasonable arrangements
				with his active patients for the transfer of his records, or copies, thereof,
				to the succeeding practitioner or an optometric association approved by the
				board.
(b) Nothing provided in this
				section shall preclude, prohibit or prevent an optometrist from selling,
				conveying or transferring for valuable consideration, the optometrist's patient
				records to another licensed practitioner who is assuming his practice, provided
				that written notice is given to patients as provided in this section.
Indiana Administrative Code › Title 852 - INDIANA OPTOMETRY BOARD › Article 1 - GENERAL PROVISIONS › Rule 12 - Professional Conduct; Standards › Section 12-6 - Advertising

Current through July 10, 2024
Authority: IC
				  25-24-1-1
Affected: IC
				  25-24-1-3
Sec. 6.
(a) An
				optometrist shall not, on behalf of himself, a partner, associate, shareholder
				in a professional corporation, or any other practitioner or specific health
				care provider affiliated with the optometrist, use, or participate in the use
				of, any form of public communication containing a false, fraudulent, materially
				misleading, deceptive statement or claim.
(b) In order to facilitate the process of
				informed selection of an optometrist by the public, an optometrist may
				advertise services through the public media including, but not limited to, a
				telephone directory, optometrists' directory, newspaper or other periodical,
				radio or television, or through a written communication not involving personal
				contact.
(c) If the advertisement
				is communicated to the public by radio, cable, or television, it shall be
				prerecorded, approved for broadcast by the optometrist, and a recording and
				transcript of the actual transmission shall be retained by the optometrist for
				a period of three (3) years from the last date of broadcast.
(d) If the optometrist advertises a fee for
				ophthalmic material, service, treatment, consultation, examination, or other
				procedure, the optometrist must provide that ophthalmic material, service, or
				procedure for no more than the fee advertised.
(e) Unless otherwise conspicuously specified
				in the advertisement, an optometrist who publishes or communicates fee
				information in a publication that is published more than one (1) time per month
				shall be bound by any representation made therein for a period of thirty (30)
				days after the publication date. An optometrist who publishes or communicates
				fee information in a publication that is published once a month or less
				frequently shall be bound by any representation made therein until the
				publication of the succeeding issue unless a shorter time is conspicuously
				specified in the advertisement. An optometrist who publishes or communicates
				fee information in a publication which has no fixed date for publication for a
				succeeding issue shall be bound by any representation made therein for one (1)
				year, unless a shorter period of time is conspicuously specified in the
				advertisement.
(f) Unless otherwise
				specified in the advertisement, an optometrist who broadcasts fee information
				by radio, cable or television shall be bound by any representation made therein
				for a period of ninety (90) days after such broadcast.
(g) An optometrist who places an
				advertisement using a corporation name or tradename is required to identify the
				location or locations at which the optometric service will be provided. The
				name of the optometrist who will provide the optometric services must be
				identified at that location.
Indiana Administrative Code › Title 852 - INDIANA OPTOMETRY BOARD › Article 1 - GENERAL PROVISIONS › Rule 12 - Professional Conduct; Standards › Section 12-7 - Failure to comply

Current through July 10, 2024
Authority: IC 25-24-1-1
Affected: IC 25-24-1-3
Sec. 7.
Failure to comply with the standards of professional conduct
				  and competent practice of optometry specified in
				  852 IAC 1-11 and
				  852 IAC 1-12 may result in
				  disciplinary proceedings against the offending optometrist. All optometrists
				  licensed in Indiana shall be responsible for having knowledge of the standards
				  of conduct and competent practice established by IC 25-24 and 852 IAC
				  1.
Indiana Administrative Code › Title 852 - INDIANA OPTOMETRY BOARD › Article 1 - GENERAL PROVISIONS › Rule 13 - Revocation or Suspension of License › Section 13-1 - License revocation; duties of licensees

Current through July 10, 2024
Authority: IC
				  25-24-1-1
Affected: IC
				  25-24-1-3
Sec. 1.
In any case where a practitioner's license has been revoked,
				  said person shall do the following:
(1) Promptly notify, or cause to be notified
				in the manner and method specified by the board, all patients then in the care
				of the practitioner, or those persons responsible for the patient's care, of
				the revocation and of the practitioner's consequent inability to act for or on
				their behalf in the practitioner's professional capacity. Such notice shall
				advise all patients to seek the services of another practitioner in good
				standing of their own choice.
(2)
				Promptly notify, or cause to be notified, all health care facilities where such
				practitioner has privileges, of the revocation accompanied by a list of all
				patients then in the care of such practitioner.
(3) Notify in writing, by first class mail,
				the following organizations and governmental agencies of the revocation of
				licensure:
(A) Indiana family and social
				services administration.
(B) Social
				Security Administration.
(C) The
				boards or equivalent agency of each state in which the person is licensed to
				practice optometry.
(D) The
				Association of Regulatory Boards of Optometry.
Indiana Administrative Code › Title 852 - INDIANA OPTOMETRY BOARD › Article 1 - GENERAL PROVISIONS › Rule 13 - Revocation or Suspension of License › Section 13-2 - License suspension; duties of licensees

Current through July 10, 2024
Authority: IC
				  25-24-1-1
Affected: IC
				  25-24-1-3
Sec. 2.
(a) In any
				case where a person's license has been suspended, said person shall, within
				thirty (30) days from the date of the order of suspension, file with the board
				an affidavit that confirms the following:
(1)
				All active patients then under the practitioner's care have been notified in
				the manner and method specified by the board of the practitioner's suspension
				and consequent inability to act for or on their behalf in a professional
				capacity. Such notice shall advise all such patients to seek the services of
				another practitioner of good standing of their own choice.
(2) All health care facilities where such
				practitioner has privileges have been informed of the suspension
				order.
(3) Reasonable arrangements
				were made for the transfer of patient records, studies, and test results, or
				copies thereof, to a succeeding practitioner employed by the patient or those
				responsible for the patient's care.
(4) The following organizations and
				governmental agencies have been notified in writing, by first class mail, of
				the suspension of the practitioner's license:
(A) Indiana family and social services
				administration.
(B) Social Security
				Administration.
(C) The boards or
				equivalent agency of each state in which the person is licensed to practice
				optometry.
(D) The Association of
				Regulatory Boards of Optometry.
Indiana Administrative Code › Title 852 - INDIANA OPTOMETRY BOARD › Article 1 - GENERAL PROVISIONS › Rule 14 - Reinstatement › Section 14-1 - Reinstatement

Current through July 10, 2024
Authority: IC
				  25-24-1-1
Affected: IC
				  25-24-1-3
Sec. 1.
No person whose license to practice optometry in Indiana has
				  been suspended shall be eligible for reinstatement unless that person
				  establishes by clear and convincing evidence before the board that:
(1) the person desires in good faith to
				obtain restoration of such license;
(2) the term of suspension prescribed in the
				order of suspension has elapsed or seven (7) years have elapsed since the
				revocation;
(3) the person has not
				engaged in the practice of optometry or has attempted to do so from the date
				discipline was imposed;
(4) the
				person has complied fully with the terms, if any, of the order for suspension
				or revocation;
(5) the person's
				attitude with regard to the misconduct, violation of law or rule, or
				incompetent practice for which the person was disciplined is one of genuine
				remorse;
(6) the person has a
				proper understanding of an attitude toward the standards that are imposed by
				statute or rule upon persons holding such license as had been suspended and the
				person can be reasonably expected to conduct himself in conformity with such
				standards;
(7) the person can be
				safely recommended to the public and applicable profession as a person fit to
				be reinstated and is able to practice his profession with reasonable skill and
				safety to patients;
(8) the
				disability has been removed, corrected or otherwise brought under control if
				the suspension or revocation was imposed by reason of physical or mental
				illness or infirmity, or for use of or addiction to intoxicants or
				drugs;
(9) the person has
				successfully taken and completed such written examinations and tests as may be
				required by the board, and has completed such professional training or
				education under a preceptorship as may be required.
Indiana Administrative Code › Title 852 - INDIANA OPTOMETRY BOARD › Article 1 - GENERAL PROVISIONS › Rule 14 - Reinstatement › Section 14-2 - Petitions for reinstatement; filing fee

Current through July 10, 2024
Authority: IC 25-24-1-1
Affected: IC 25-24-1-3
Sec. 2.
(a) Any person whose license has been suspended may apply for reinstatement by filing with the board a petition stating that the requirements of 852 IAC 1-14-1 have been satisfied or complied with. Ten (10) copies of such petition shall be filed with the board together with a filing fee of four hundred dollars ($400).
(b) Upon the filing of such petition and payment of the filing fee, the board shall schedule a hearing. After the hearing, the board shall determine whether the petitioner has met the requirements set forth in the disciplinary order, and shall determine whether, as a condition to reinstatement, disciplinary or corrective measures, including, but not limited to, reexamination, additional training or postgraduate education, or a preceptorship, should be imposed. The board shall thereafter, upon satisfactory compliance with 852 IAC 1-12-1 and of any and all disciplinary and corrective measures which may be imposed, enter an order continuing the suspension or reinstating the license to the petitioner.
(c) Any person filing for reinstatement shall be responsible for the payment of any and all costs incurred by the board in conducting a hearing upon said petition for reinstatement which exceed the amount of the filing fee. Any such costs shall be paid by the petitioner within fifteen (15) days of the receipt of a statement therefor from the board. In no event will there be any refund or rebate of any part of the filing fee.
Indiana Administrative Code › Title 852 - INDIANA OPTOMETRY BOARD › Article 1 - GENERAL PROVISIONS › Rule 15 - Notification of Practice Location › Section 15-1 - Professional sign; notification of public; facility requirements

Current through July 10, 2024
Authority: IC
				  25-24-1-1
Affected: IC
				  25-24-1-3
Sec. 1.
A practitioner has a duty and responsibility in the
				  establishment of an office for the practice of optometry to maintain the
				  following:
(1) A sign clearly visible
				to the public indicating the name or names of all practitioners practicing at
				that location. The minimum requirements on the sign are the practitioner's name
				and O.D. or optometrist. The sign may contain information to identify the area
				of practice within optometry, including low vision, contact lenses, family
				practice optometry, pediatric optometry, geriatric optometry, sports vision,
				industrial vision, or other optometric specialties. A sign may not be
				misleading to the public as to the practitioner actually present and performing
				the services.
(2) A safe and
				hygienic facility adequately equipped to provide optometric services.
Indiana Administrative Code › Title 852 - INDIANA OPTOMETRY BOARD › Article 1 - GENERAL PROVISIONS › Rule 15 - Notification of Practice Location › Section 15-2 - Notification to board of practice location

Current through July 10, 2024
Authority: IC
				  25-24-1-1
Affected: IC
				  25-24-1-3
Sec. 2.
(a) A
				practitioner has a duty and responsibility to notify the board within thirty
				(30) days of the establishment or discontinuation of an office for the practice
				of optometry. An office will be considered any location where the practitioner
				regularly provides optometric services or any location where his name is
				presented to the public as practicing optometry.
(b) A practitioner may practice optometry in
				a hospital, health maintenance organization, licensed health care facility,
				public health clinic, clinic affiliated with a school of optometry or as a
				consultant to industry or educational facilities without the display of a
				professional sign, provided the practitioner has notified the board within
				thirty (30) days of initiating such services.
(c) A practitioner may provide optometric
				services outside his office or other location reported to the board whenever
				the best interests of the patient require services which cannot be delivered at
				a previously designated location. When services are regularly delivered at the
				same location, it must be reported to the board as a practice
				location.
Indiana Administrative Code › Title 852 - INDIANA OPTOMETRY BOARD › Article 1 - GENERAL PROVISIONS › Rule 15 - Notification of Practice Location › Section 15-3 - Corporate practice; out of office

Current through July 10, 2024
Authority: IC
				  25-24-1-1
Affected: IC
				  25-24-1-3
Sec. 3.
A practitioner may not be employed by a nonprofessional
				  corporation for the purpose of practicing optometry but may contract
				  with:
(1) a hospital;
(2) a school of optometry;
(3) a health maintenance
				organization;
(4) a licensed health
				care facility;
(5) a public health
				clinic;
(6) an industry;
(7) an educational facility;
(8) an insurance company; or
(9) a governmental agency; to provide
				independent optometric services.
Indiana Administrative Code › Title 852 - INDIANA OPTOMETRY BOARD › Article 1 - GENERAL PROVISIONS › Rule 16 - Continuing Education for Renewal of License › Section 16-1 - Continuing education requirements for renewal of an optometry license

Current through July 10, 2024
Authority: IC
				  25-24-1-1
Affected: IC
				  25-24-1-14.1; IC
				  25-24-3
Sec. 1.
(a) Twenty
				(20) hours of continuing education are required for renewal of an optometry
				license.
(b) Effective for the
				license period ending April 1, 2014, and every license period thereafter,
				optometrists are required, as part of the twenty (20) hour requirement under
				subsection (a), to complete two (2) hours of continuing education in any of the
				following areas:
(1) Medical
				charting.
(2) Billing and
				coding.
(3) Health care
				compliance.
(4) Compliance with
				federal or Indiana state laws or regulations.
Indiana Administrative Code › Title 852 - INDIANA OPTOMETRY BOARD › Article 1 - GENERAL PROVISIONS › Rule 16 - Continuing Education for Renewal of License › Section 16-1.1 - Continuing education requirements for renewal of an optometric legend drug certificate

Current through July 10, 2024
Authority: IC
				  25-24-1-1
Affected: IC
				  25-24-1-3; IC
				  25-24-1-14
Sec. 1.1.
(a) Twenty
				(20) hours of continuing education is required for renewal of an optometric
				legend drug certificate.
(b)
				Programs that have not been approved under this article will not be accepted as
				credit for renewal of the certificate.
(c) An optometrist initially certified
				between April 1 of even-numbered years and March 31 of the following
				odd-numbered year shall be required to obtain ten (10) hours of continuing
				education for the initial renewal of the certificate. An optometrist initially
				certified between April 1 of odd-numbered years and March 31 of the following
				even-numbered year shall not be required to obtain continuing education for the
				initial renewal of the certificate.
(d) Continuing education credit units or
				clock hours:
(1) must be obtained within the
				biennial renewal period; and
(2)
				may not be carried over from one (1) licensure period to another.
A course is eligible for credit only once in a renewal cycle
				  regardless of the number of times it is attended.
Indiana Administrative Code › Title 852 - INDIANA OPTOMETRY BOARD › Article 1 - GENERAL PROVISIONS › Rule 16 - Continuing Education for Renewal of License › Section 16-2 - Responsibilities of licensees

Current through July 10, 2024
Authority: IC
				  25-24-1-1
Affected: IC
				  25-24-1-14.1
Sec. 2.
A licensee must do the following:
(1) Certify completion of continuing
				education required by this rule at the time of optometry license and optometric
				legend drug certificate renewal.
(2) Retain verification of completion of
				continuing education required by this rule for three (3) years after the last
				renewal date.
(3) Present
				verification of completion of continuing education required by this rule at the
				request of the board.
Indiana Administrative Code › Title 852 - INDIANA OPTOMETRY BOARD › Article 1 - GENERAL PROVISIONS › Rule 16 - Continuing Education for Renewal of License › Section 16-3 - Application for approval of continuing education sponsor

Current through July 10, 2024
Authority: IC
				  25-24-1-1
Affected: IC
				  25-24-1-14.1
Sec. 3.
(a) The
				sponsoring organization must file an application provided by the agency not
				later than thirty (30) days after the beginning date of the program. The
				application must contain the following information:
(1) The name of the speaker.
(2) The academic and professional background
				of the speaker.
(3) A thorough
				description of the content of the program.
(4) The date and location of the
				program.
(5) The number of clock
				hours of continuing education requested.
(6) The name of the person or persons who
				will monitor attendance and the manner in which attendance will be
				monitored.
(7) Any other pertinent
				information required by the board.
Indiana Administrative Code › Title 852 - INDIANA OPTOMETRY BOARD › Article 1 - GENERAL PROVISIONS › Rule 16 - Continuing Education for Renewal of License › Section 16-4 - Standards for approval of optometry continuing education hours

Current through July 10, 2024
Authority: IC
				  25-24-1-1
Affected: IC
				  25-24-1-14.1
Sec. 4.
(a) The
				board will approve a course if it determines that the course will make a
				significant contribution to the professional competency of optometrists who
				enroll.
(b) In determining if a
				course meets this standard, the board will consider whether the following
				requirements are met:
(1) The course has
				substantial content.
(2) The course
				content directly relates to the professional practice of optometry. Practice
				management courses will not be approved by the board.
(3) Each faculty member or speaker who has
				teaching responsibility in the course is qualified by academic work or
				practical experience to teach the assigned subject.
(4) The physical setting for the course is
				suitable.
(5) High quality written
				materials, including notes and outlines, are available to all optometrists who
				enroll at or prior to the time the course is offered.
(6) The course is of sufficient length to
				provide a substantial educational experience. Courses of less than one (1) hour
				will be reviewed carefully to determine if they furnish a substantial
				educational experience.
(7)
				Appropriate educational methodology is used, including, but not limited to, the
				following:
(A) Prepared library
				packages.
(B) Courses of programmed
				instruction.
(C) Active
				participation and demonstration.
(D) Audio-visual
				materials.
(8) An
				adequate number of faculty members or speakers are provided for the course. If
				audio-visual media are used as teaching materials, live presentations or
				discussion leaders must accompany the replaying of the media
				presentation.
Indiana Administrative Code › Title 852 - INDIANA OPTOMETRY BOARD › Article 1 - GENERAL PROVISIONS › Rule 16 - Continuing Education for Renewal of License › Section 16-4.1 - Standards for approval for optometric legend drug continuing education hours

Current through July 10, 2024
Authority: IC
				  25-24-1-1
Affected: IC
				  25-24-1-14.1
Sec. 4.1.
(a) The
				board will approve a course for optometric legend drug continuing education if
				it determines that the course will make a significant contribution to the
				professional competency of optometrists who enroll.
(b) In determining if a course meets the
				requirements of this section, the board will consider whether the following
				requirements are met:
(1) The course has
				substantial content.
(2) The course
				content directly relates to ocular pharmacology or ocular
				therapeutics.
(3) Each faculty
				member or speaker who has teaching responsibility in the course is qualified by
				academic work or practical experience to teach the assigned subject.
(4) The physical setting for the course is
				suitable.
(5) High quality
				materials, including notes and outlines, are available to all optometrists in
				either print or electronic format.
(6) The course is of sufficient length to
				provide a substantial educational experience.
(7) Appropriate educational methodology is
				used, including, but not limited to, the following:
(A) Prepared library packages.
(B) Courses of programmed
				instruction.
(C) Active
				participation and demonstration.
(D) Audio-visual
				materials.
(8) An
				adequate number of faculty members or speakers are provided for the course. If
				audio-visual media are used as teaching materials, live presentations or
				discussion leaders must accompany the replaying of the
				media.
Indiana Administrative Code › Title 852 - INDIANA OPTOMETRY BOARD › Article 1 - GENERAL PROVISIONS › Rule 16 - Continuing Education for Renewal of License › Section 16-5 - Penalty for noncompliance

Current through July 10, 2024
Authority: IC 25-24-1-1
Affected: IC 25-24-1-14; IC 25-24-1-14.1
Sec. 5.
The board will not issue a renewed optometry license to a
				  licensee who fails to comply with
				  852 IAC 1-16-1, except for an
				  inactive license as provided by IC
				  25-24-1-1 4.
Indiana Administrative Code › Title 852 - INDIANA OPTOMETRY BOARD › Article 1 - GENERAL PROVISIONS › Rule 16 - Continuing Education for Renewal of License › Section 16-6.5 - Continuing education for speakers

Current through July 10, 2024
Authority: IC
				  25-24-1-1
Affected: IC
				  25-24-1-14; IC
				  25-24-1-14.1
Sec. 6.5.
(a) An
				optometrist who acts as a speaker, lecturer, or other presenter may be awarded
				one (1) hour of continuing education credit for each hour of the continuing
				education course taught.
(b) Not
				more than four (4) hours per renewal period will be awarded.
(c) The following conditions must be met:
(1) The presentation is eligible for credit
				only once regardless of the number of times it is presented.
(2) The optometrist maintains a record for
				the time, place, and date of the presentation.
(3) The presentation is sponsored by an
				approved organization or is approved by the board.
Indiana Administrative Code › Title 852 - INDIANA OPTOMETRY BOARD › Article 1 - GENERAL PROVISIONS › Rule 16 - Continuing Education for Renewal of License › Section 16-7 - Self-study

Current through July 10, 2024
Authority: IC
				  25-24-1-1
Affected: IC
				  25-24-1-14; IC
				  25-24-1-14.1
Sec. 7.
(a)
				Self-study shall include the following:
(1)
				Journals and books.
(2)
				Audiotapes.
(3) Films and
				videotapes.
(4) Internet
				online.
(5) Closed circuit
				television.
(6) Satellite
				broadcasts.
(7) Correspondence
				courses.
(8) CD-ROM.
(9) DVD.
(10) Teleconferencing.
(11) Videoconferencing.
(12) Distance learning.
Indiana Administrative Code › Title 852 - INDIANA OPTOMETRY BOARD › Article 1 - GENERAL PROVISIONS › Rule 16 - Continuing Education for Renewal of License › Section 16-8 - Continuing education programs deemed approved

Current through July 10, 2024
Authority: IC
				  25-24-1-1
Affected: IC
				  25-24-1-14; IC
				  25-24-1-14.1
Sec. 8.
Notwithstanding section 4 of this rule, continuing education
				  programs for optometrists, but not practice management courses, sponsored by
				  the following are deemed approved and no approval by the board shall be
				  required:
(1) The Indiana Optometric
				Association and its affiliates.
(2)
				The American Optometric Association (AOA).
(3) COPE.
(4) The American Academy of Optometry and its
				affiliate organizations.
(5) A
				national or regional organization accredited as a provider of ophthalmic
				continuing medical education (CME) by the Accreditation Council For Continuing
				Medical Education (ACCME).
(6)
				Other state optometric associations and their affiliate local
				societies.
(7) Regional optometric
				associations.
(8) Postgraduate
				courses offered at any accredited school of optometry.
(9) Completion of a basic life support (BLS)
				or cardiopulmonary resuscitation (CPR) course approved by the American Heart
				Association, the American Red Cross, or a provider approved by the board will
				be granted up to two (2) hours of continuing education credit per renewal
				period.
Indiana Administrative Code › Title 852 - INDIANA OPTOMETRY BOARD › Article 1 - GENERAL PROVISIONS › Rule 17 - Limited License › Section 17-1 - Application file; contents

Current through July 10, 2024
Authority: IC 25-24-1-1
Affected: IC 25-24-1-3.2
Sec. 1.
(a) An
				applicant for a limited license shall submit the following:
(1) An application filed on a form prescribed
				by the board and provided by the agency.
(2) The fee required by
				852 IAC 1-10-1.
(3) Official transcripts, certified by the
				school, recording courses, grades, certificates, and degrees earned in an
				optometry school accredited by the Accreditation Council on Optometric
				Education. If not in English, the applicant must provide an official
				translation.
(4) One (1)
				passport-quality photograph taken not earlier than one (1) year prior to the
				date of application, dated and signed on the back in the applicant's
				handwriting, "I certify that this is a true photograph of me.".
(5) A copy of the applicant's curriculum
				vitae.
(6) A statement from the
				dean at Indiana University that shall include the date of faculty appointment
				and subject or subjects being taught.
(7) Verification of licensure status provided
				to the board directly by the appropriate agency in each state or country where
				the applicant holds or has held a license to practice optometry.
(8) An applicant must provide verification of
				licensure directly from the appropriate agency in the state or country where
				the applicant holds a current license to practice optometry.
(9) Verification of areas of examination,
				type of examination, pass-fail criteria, and the applicant's score in each area
				of the examination provided to the board directly by the state or country in
				which the applicant took the examination.
Indiana Administrative Code › Title 852 - INDIANA OPTOMETRY BOARD › Article 1 - GENERAL PROVISIONS › Rule 17 - Limited License › Section 17-2 - Jurisprudence examination

Current through July 10, 2024
Authority: IC
				  25-24-1-1
Affected: IC
				  25-24-1-3
Sec. 2.
An applicant for a limited license must pass an examination
				  covering Indiana law relating to the practice of optometry. A score of
				  seventy-five (75) or above is passing.
Indiana Administrative Code › Title 852 - INDIANA OPTOMETRY BOARD › Article 1 - GENERAL PROVISIONS › Rule 17 - Limited License › Section 17-3 - Renewal of a limited license

Current through July 10, 2024
Authority: IC 25-24-1-1
Affected: IC 25-24-1-3
Sec. 3.
All limited license holders are required to complete twenty
				  (20) hours of continuing education every biennium as specified in
				  852 IAC 1-16-1.
Indiana Administrative Code › Title 852 - INDIANA OPTOMETRY BOARD › Article 1 - GENERAL PROVISIONS › Rule 18 - Convictions of Concern › Section 18-1 - Scope

Current through July 10, 2024
Authority: IC
				  25-1-1.1-6
Affected: IC
				  25-1-1.1-6; IC 25-24
Sec. 1.
This rule implements IC
				  25-1-1.1-6 regarding convictions
				  of concern, which may disqualify an individual for licensure, and includes in
				  section 4 of this rule an explicit list of crimes that may disqualify an
				  individual from receiving a license issued under IC 25-24.
Indiana Administrative Code › Title 852 - INDIANA OPTOMETRY BOARD › Article 1 - GENERAL PROVISIONS › Rule 18 - Convictions of Concern › Section 18-2 - Issuance of license

Current through July 10, 2024
Authority: IC
				  25-1-1.1-6
Affected: IC
				  25-1-1.1-6; IC 25-24
Sec. 2.
An applicant for licensure who has a conviction of concern
				  may still be granted a license based on the criteria stated in IC
				  25-1-1.1-6
				  (h).
Indiana Administrative Code › Title 852 - INDIANA OPTOMETRY BOARD › Article 1 - GENERAL PROVISIONS › Rule 18 - Convictions of Concern › Section 18-3 - Authority to issue license on probation

Current through July 10, 2024
Authority: IC
				  25-1-1.1-6
Affected: IC
				  25-1-1.1-6; IC
				  25-1-11-19; IC 25-24
Sec. 3.
This rule and IC
				  25-1-1.1-6 do not limit the
				  authority of a board or committee to issue a license on probation if
				  appropriate under IC
				  25-1-11-19 or any other applicable
				  statute.
Indiana Administrative Code › Title 852 - INDIANA OPTOMETRY BOARD › Article 1 - GENERAL PROVISIONS › Rule 18 - Convictions of Concern › Section 18-4 - Convictions of concern

Current through July 10, 2024
Authority: IC
				  25-1-1.1-6
Affected: IC
				  6-3-6-11; IC
				  7.1-5-1-3; IC
				  7.1-5-7-8; IC
				  9-26-1-1.1; IC
				  9-30-5-4; IC
				  9-30-5-5; IC
				  11-8-8-17; IC
				  11-8-8-18; IC
				  12-17.2-5-1; IC
				  12-24-17-3; IC
				  12-24-17-7; IC
				  16-36-5-27; IC
				  16-36-5-28; IC
				  16-42-19; IC
				  23-0.5-2-9; IC
				  23-19-5-2; IC 25; IC
				  31-33-22; IC
				  31-34-2.3-7; IC
				  31-34-2.3-8; IC 35
Sec. 4.
The following are convictions of concern:
(1) Crimes involving sexual acts that can be
				considered without respect to age of conviction as follows:
(A) Child molesting (IC
				35-42-4-3).
(B) Child seduction (IC
				35-42-4-7).
(C) Criminal deviate conduct (IC
				35-42-4-2) (before its
				repeal).
(D) Incest (IC
				35-46-1-3).
(E) Making an unlawful proposition (IC
				35-45-4-3).
(F) Prostitution (IC
				35-45-4-2).
(G) Rape (IC
				35-42-4-1).
(H) Sexual misconduct with a minor (IC
				35-42-4-9
				(a)).
Indiana Administrative Code › Title 852 - INDIANA OPTOMETRY BOARD › Article 1 - GENERAL PROVISIONS › Rule 18 - Convictions of Concern › Section 18-5 - Convictions in another jurisdiction

Current through July 10, 2024
Authority: IC
				  25-1-1.1-6
Affected: IC 25-24
Sec. 5.
A crime in any other jurisdiction for which the elements of
				  the crime for which conviction was entered are substantially similar to the
				  elements of a crime included on the list in section 4 of this rule shall also
				  be a crime that may disqualify an individual from receiving a license and
				  therefore included on the list.
Indiana Administrative Code › Title 852 - INDIANA OPTOMETRY BOARD › Article 1 - GENERAL PROVISIONS › Rule 18 - Convictions of Concern › Section 18-6 - Prelicensure determinations; fee

Current through July 10, 2024
Authority: IC
				  25-1-1.1-6
Affected: IC
				  25-1-1.1-6; IC 25-24
Sec. 6.
The fee for a petition under IC
				  25-1-1.1-6 (g) 
				  for a determination as to whether an individual's misdemeanor or felony
				  conviction may disqualify the individual from receiving a license or
				  certification is twenty-five dollars ($25).
Indiana Administrative Code › Title 852 - INDIANA OPTOMETRY BOARD › Article 3 - FORMULARY OF LEGEND DRUGS › Rule 1 - General Provisions › Section 1-4 - Injectable prohibition

Current through July 10, 2024
Authority: IC 25-24-3-10
Affected: IC 25-24-3
Sec. 4.
Optometrists shall not prescribe, dispense, or administer
				  injectables by any means.
Transferred from the Indiana Optometric Legend Drug
					 Prescription Advisory Committee (
					 857 IAC
					 2-1-5 ) to the Indiana Optometry Board ( 852 IAC 3-1-4
					 ) by P.L. 157-2006, SECTION 77, effective July 1,
					 2006.
Indiana Administrative Code › Title 852 - INDIANA OPTOMETRY BOARD › Article 3 - FORMULARY OF LEGEND DRUGS › Rule 3 - Formulary › Section 3-1 - Formulary of legend drugs

Current through July 10, 2024
Authority: IC 25-24-3-10
Affected: IC 25-24-3-16; IC 35-48-1
Sec. 1.
(a) The
				formulary of legend drugs established under IC 25-24-3-10(1)(A) is any legend
				drug for the treatment of the eye or associated structures of the
				eye.
(b) All formulary drugs may be
				independently prescribed by an optometrist.
(c) Controlled substances as defined in IC
				35-48-1 are prohibited from use by an optometrist.
Transferred from the Indiana Optometric Legend Drug
					 Prescription Advisory Committee (857 IAC 2-3 - 16) to
					 the Indiana Optometry Board (852 IAC 3-3-1) by
					 P.L.
					 157-2006,
					 SECTION
					 77, effective July 1, 2006.
Indiana Administrative Code › Title 856 - INDIANA BOARD OF PHARMACY › Article 1 - PHARMACIES AND PHARMACISTS › Rule 1.1 - Definitions › Section 1.1-1 - Adoption of definitions

Current through July 10, 2024
Authority: IC
				  25-26-13-4
Affected: IC
				  25-26-13-2
Sec. 1.
All terms which are defined in IC
				  25-26-13-2 shall have the same
				  meanings as they are so defined when used in the rules and regulations of the
				  Indiana board of pharmacy found in Article 1 of Title 856 of the Indiana
				  Administrative Code.
Indiana Administrative Code › Title 856 - INDIANA BOARD OF PHARMACY › Article 1 - PHARMACIES AND PHARMACISTS › Rule 1.1 - Definitions › Section 1.1-2 - "Pharmacy Practice Act" defined

Current through July 10, 2024
Authority: IC
				  25-26-13-4
Affected: IC
				  25-26-13
Sec. 2.
The term "Pharmacy Practice Act" when used in these
				  regulations is in reference to Acts 1977, Public Law codified at IC
				  25-26-13 as amended from time to
				  time.
Indiana Administrative Code › Title 856 - INDIANA BOARD OF PHARMACY › Article 1 - PHARMACIES AND PHARMACISTS › Rule 1.1 - Definitions › Section 1.1-3 - "In personal attendance" defined

Current through July 10, 2024
Authority: IC
				  25-26-13-4
Affected: IC
				  25-26-13-2; IC
				  25-26-13-18
Sec. 3.
"In personal attendance", for the purposes of IC
				  25-26-13-18 (a) 
				  of the Pharmacy Practice Act, means being physically present in the area
				  specified as the dimensions of the pharmacy in the relevant pharmacy permit
				  application. This section in no way restricts functions listed under the
				  practice of pharmacy definition in IC
				  25-26-13-2 that are unrelated to
				  the direct filling, dispensing, distribution, and storage of a legend drug
				  product.
Indiana Administrative Code › Title 856 - INDIANA BOARD OF PHARMACY › Article 1 - PHARMACIES AND PHARMACISTS › Rule 1.1 - Definitions › Section 1.1-4 - "Reasonable visual and vocal distance" defined

Current through July 10, 2024
Authority: IC
				  25-26-13-4
Affected: IC
				  25-26-13-18
Sec. 4.
The standard for "reasonable visual and vocal distance", as
				  found in IC
				  25-26-13-18(a)(4)
				   of the Pharmacy Practice Act, can be met by
				  a pharmacist being physically present within the licensed permitted area or by
				  a means that provides for adequate supervision of technicians as individually
				  approved by the board.
Indiana Administrative Code › Title 856 - INDIANA BOARD OF PHARMACY › Article 1 - PHARMACIES AND PHARMACISTS › Rule 1.1 - Definitions › Section 1.1-5 - "Supervision" defined

Current through July 10, 2024
Authority: IC
				  25-26-13-4
Affected: IC
				  25-26-13
Sec. 5.
For purposes of this article, "supervision" means the
				  physical or real-time act of oversight and management by a managing pharmacist,
				  pharmacist in charge, or qualifying pharmacist of another individual's work or
				  work product. Unless otherwise stated in this article, individuals practicing
				  pharmacy must be directly supervised either through a direct line of sight and
				  hearing, or via technological means that allow a supervisor to adequately
				  ensure quality of care and patient services. In accordance with other sections
				  in this article, if a facility is using technology to allow indirect
				  supervision, they must have documented policies and procedures and other
				  adequate safeguards to protect against patient harm, diversion, and privacy
				  incidents.
Indiana Administrative Code › Title 856 - INDIANA BOARD OF PHARMACY › Article 1 - PHARMACIES AND PHARMACISTS › Rule 1.1 - Definitions › Section 1.1-6 - "Pharmaceutical care" defined

Current through July 10, 2024
Authority: IC
				  25-26-13-4
Affected: IC
				  25-26-13
Sec. 6.
For purposes of this article, "pharmaceutical care" includes
				  the spectrum of services and products provided by a board licensee to a patient
				  or consumer in the normal course of practice. The term includes, but is not
				  limited to, dispensing legend drug product and delivery of cognitive services.
Indiana Administrative Code › Title 856 - INDIANA BOARD OF PHARMACY › Article 1 - PHARMACIES AND PHARMACISTS › Rule 1.1 - Definitions › Section 1.1-7 - "Real-time online database" defined

Current through July 10, 2024
Authority: IC
				  25-26-13-4
Affected: IC
				  25-26-13
Sec. 7.
"Real-time online database" means a database that is
				  continuously updated in real time and allows users to share and store patient
				  information and interface with each other in a secure environment over the
				  Internet or an intranet. Where appropriate, facilities or companies utilizing
				  this type of database will comply with other applicable federal or state laws
				  and regulations that govern e-commerce, privacy, access, or sharing of patient
				  information, such as, but not limited to, U.S. Drug Enforcement Administration
				  regulations that outline what information must be maintained and included in
				  any electronic transfer transaction.
Indiana Administrative Code › Title 856 - INDIANA BOARD OF PHARMACY › Article 1 - PHARMACIES AND PHARMACISTS › Rule 1.1 - Definitions › Section 1.1-8 - "Unlicensed person" defined

Current through July 10, 2024
Authority: IC
				  25-26-13-4
Affected: IC
				  25-26-13
Sec. 8.
"Unlicensed person" means any individual that is not HIPAA
				  trained and does not hold a valid license, certification, permit, or
				  registration issued by the board. Unlicensed persons are prohibited from
				  performing pharmacy dispensing functions related to legend drug product in the
				  pharmacy dispensing environment. The pharmacy dispensing environment includes
				  the secured area where legend drug product is stored, reviewed, bottled, and
				  dispensed (this does not include palleted legend drug product not yet reviewed
				  or received by the pharmacist staff and held in a separate or distinct storage
				  area). This prohibition does not apply to the presence of supervised cleaning
				  staff, delivery personnel, or individuals present on site to perform
				  administrative or operational functions and directly supervised by the
				  pharmacist.
Indiana Administrative Code › Title 856 - INDIANA BOARD OF PHARMACY › Article 1 - PHARMACIES AND PHARMACISTS › Rule 1.1 - Definitions › Section 1.1-9 - "Electronic database" defined

Current through July 10, 2024
Authority: IC
				  25-26-13-4
Affected: IC
				  25-26-13
Sec. 9.
"Electronic database" means a record of information stored
				  electronically that can be accessed using applications designed to securely
				  store, retrieve, and organize information required to be maintained according
				  to applicable state and federal pharmacy laws and
				  regulations.