reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 55.5 - Occupational Therapy Practice, Board of › Article 55.5-02 - Occupational Therapy Practice Licensure › Chapter 55.5-02-01 - Initial Licensure and Renewals › Section 55.5-02-01-03 - Fees

Current through Supplement No. 393, July, 2024
The board has adopted the following fee payment
				  schedule:
1.
Initial application fees for occupational therapist
								license and occupational therapy assistant license
$50.00
2.
Initial occupational therapist license fee:
a. Application for license received after June
								thirtieth of the even-numbered year and before July first of the odd-numbered
								year
$150.00
b. Application for license received after June
								thirtieth and on or before December thirty-first of the odd-numbered
								year
$75.00
c. Application for license received on or after
								January first of an even-numbered year
$150.00
3.
Initial occupational therapy assistant license
								fee:
a. Application for license received after June
								thirtieth of the even-numbered year and before July first of the odd-numbered
								year
$110.00
b. Application for license received after June
								thirtieth and on or before December thirty-first of the odd-numbered
								year
$55.00
c. Application for license received on or after
								January first of an even-numbered year
$110.00
4.
Occupational therapists and occupational therapy
								assistants whose applications for licensure are received on or after January
								first and on or before June thirtieth of the even-numbered year are exempt from
								the renewal of license for the next licensing period.
5.
Renewal fee:
a. Occupational therapist
$150.00
b. Occupational therapy assistant
$110.00
6.
Student limited permit fee:
a. Occupational therapist
$40.00
b. Occupational therapy assistant
$30.00
Student limited permit fees will be applied to the
								initial license
fee.
7.
Late fee
$100.00
8.
Copy of license
$10.00
9.
Change of license
$10.00
10.
Verification of license
$20.00
General Authority:
NDCC
					 43-40-05,
					 43-40-07
Law Implemented:
NDCC
					 43-40-05,
					 43-40-07
North Dakota Administrative Code › Title 55.5 - Occupational Therapy Practice, Board of › Article 55.5-02 - Occupational Therapy Practice Licensure › Chapter 55.5-02-01 - Initial Licensure and Renewals › Section 55.5-02-01-04 - Continued competency

Current through Supplement No. 393, July, 2024
Continued competency is the ongoing application and
				  integration of knowledge, critical thinking, interpersonal, and psychomotor
				  skills essential to safely and effectively deliver occupational therapy
				  services within the context of a licensee's role and environment.
1. The board requires a minimum of twenty
				contact hours within the twenty-four months prior to the completed application
				for renewal of licensure. One contact hour is equal to one
				clock-hour.
2. Any licensee
				initially licensed between July first and December thirty-first of the
				odd-numbered year is required to complete ten contact hours for that licensing
				period with twenty contact hours for each subsequent licensing
				period.
3. Any licensee initially
				licensed on or after January first of the even-numbered year has no contact
				hour requirement until the following licensing period when the licensee is
				required to complete twenty contact hours for that licensing period and each
				subsequent licensing period.
4.
				When an applicant for renewal has not been licensed for up to three years, the
				applicant must submit evidence of a minimum of twenty contact hours of
				continued competency earned within the twenty-four months prior to the
				completed application for renewal of license.
5. Board-approved continued competency must
				meet all the following requirements:
a. Be
				directly related to or supportive of occupational therapy practice.
b. Enhance the licensee's professional
				development and competence.
c. Be
				specific to the licensee's current area of practice or an intended area of
				practice within the next year.
North Dakota Administrative Code › Title 55.5 - Occupational Therapy Practice, Board of › Article 55.5-02 - Occupational Therapy Practice Licensure › Chapter 55.5-02-01 - Initial Licensure and Renewals › Section 55.5-02-01-05 - Passing score

Current through Supplement No. 393, July, 2024
The successful passing of a national examination means
				  obtaining a score equal to or greater than the passing score established by a
				  national occupational therapy certifying agency approved by the board which is
				  in effect at the time of the administration of the test.
General Authority:
NDCC
					 43-40-05
Law Implemented:
NDCC
					 43-40-11
North Dakota Administrative Code › Title 55.5 - Occupational Therapy Practice, Board of › Article 55.5-02 - Occupational Therapy Practice Licensure › Chapter 55.5-02-01 - Initial Licensure and Renewals › Section 55.5-02-01-06 - Duration of limited permit

Current through Supplement No. 393, July, 2024
As used in subsections 2 and 3 of North Dakota Century Code
				  section 43-40-13, "next available
				  examination" and "next examination" mean examination within four months of
				  completion of the education and experience requirements.
General Authority:
NDCC
					 43-40-05
Law Implemented:
NDCC
					 43-40-13
North Dakota Administrative Code › Title 55.5 - Occupational Therapy Practice, Board of › Article 55.5-02 - Occupational Therapy Practice Licensure › Chapter 55.5-02-02 - Code of Ethics › Section 55.5-02-02-01 - Code of ethics

Current through Supplement No. 393, July, 2024
The board has adopted and incorporated into this article by
				  reference the principles of occupational therapy code of ethics and ethic
				  standards (2015) of the American occupational therapy association .
General Authority:
NDCC 43-40-05
Law Implemented:
NDCC
					 43-40-16
North Dakota Administrative Code › Title 55.5 - Occupational Therapy Practice, Board of › Article 55.5-02 - Occupational Therapy Practice Licensure › Chapter 55.5-02-03 - Supervision › Section 55.5-02-03-01 - Supervision

Current through Supplement No. 393, July, 2024
The occupational therapist and occupational therapy assistant
				  shall exercise appropriate supervision over individuals who are authorized to
				  practice only under supervision.
Supervision is a cooperative process in which two or more
				  people participate in a joint effort to establish, maintain, and elevate a
				  level of competence and performance. Within the scope of occupational therapy
				  practice, supervision is aimed at ensuring the safe and effective delivery of
				  occupational therapy services and fostering professional competence and
				  development. Supervision involves guidance and oversight related to the
				  delivery of occupational therapy services and the facilitation of professional
				  growth and competence. It is the responsibility of the occupational therapist
				  and the occupational therapy assistant to seek the appropriate quality and
				  frequency of supervision to ensure safe and effective occupational therapy
				  service delivery.
General Authority:
NDCC
					 43-40-05
Law Implemented:
NDCC
					 43-40-01,
					 43-40-03.1,
					 43-40-13
North Dakota Administrative Code › Title 55.5 - Occupational Therapy Practice, Board of › Article 55.5-02 - Occupational Therapy Practice Licensure › Chapter 55.5-02-03 - Supervision › Section 55.5-02-03-01.1 - Definitions

Current through Supplement No. 393, July, 2024
For purposes of sections
				  55.5-02-03-01.2 and
				  55.5-02-03-01.3:
1. "Direct supervision" means face-to-face contact, including
				  observation, modeling, cotreatment, discussions, teaching, and video
				  teleconferencing.
2. "Indirect supervision" means other than face-to-face
				  contact, including phone conversations, written correspondence, electronic
				  exchanges, and other methods using secure telecommunication
				  technology.
General Authority:
NDCC
					 43-40-05
Law Implemented:
NDCC
					 43-40-01,
					 43-40-13
North Dakota Administrative Code › Title 55.5 - Occupational Therapy Practice, Board of › Article 55.5-02 - Occupational Therapy Practice Licensure › Chapter 55.5-02-03 - Supervision › Section 55.5-02-03-01.2 - Supervision of occupational therapy assistants

Current through Supplement No. 393, July, 2024
An occupational therapy assistant must be supervised by an
				  occupational therapist.
1. An
				occupational therapist may not supervise more than three occupational therapy
				assistants licensed or limited permit holders at the same time.
2. An occupational therapy assistant must be
				directly supervised as needed by evidence of clinical practice, and indirectly
				supervised as is necessary. In determining the methods, frequency, and content
				of supervision, an occupational therapist shall consider all of the following:
a. Complexity of clients' needs.
b. Number and diversity of clients.
c. Skills of the occupational therapy
				assistant.
d. Type of practice
				setting.
e. Changes in practice
				settings.
f. Requirements of the
				practice setting.
g. Other
				regulatory requirements.
North Dakota Administrative Code › Title 55.5 - Occupational Therapy Practice, Board of › Article 55.5-02 - Occupational Therapy Practice Licensure › Chapter 55.5-02-03 - Supervision › Section 55.5-02-03-01.3 - Supervision of limited permitholders

Current through Supplement No. 393, July, 2024
A limited permitholder must be supervised by an occupational
				  therapist.
1. A limited permitholder
				must be directly supervised for at least twenty percent of the hours practiced
				in each week, and indirectly supervised as is necessary.
2. Supervision of limited permitholders must
				include periodic review of evaluations, intervention plans, and patient notes
				and evaluation of client interaction. Documentation prepared by a limited
				permitholder for clients' records must be reviewed and cosigned by the
				supervising occupational therapist and limited permitholder.
3. An occupational therapist who is
				unavailable to supervise a limited permitholder for more than one day, shall
				arrange to have the supervision available by another occupational therapist as
				necessary.
4. An occupational
				therapist shall verify that the individual supervised holds a current limited
				permit.
General Authority:
NDCC
					 43-40-05
Law Implemented:
NDCC
					 43-40-01,
					 43-40-13
North Dakota Administrative Code › Title 55.5 - Occupational Therapy Practice, Board of › Article 55.5-02 - Occupational Therapy Practice Licensure › Chapter 55.5-02-03 - Supervision › Section 55.5-02-03-02 - Delegation of tasks to occupational therapy aides

Current through Supplement No. 393, July, 2024
1. The primary
				function of occupational therapy aides functioning in an occupational therapy
				setting is to perform designed routine tasks related to the operation of an
				occupational therapy service. An occupational therapist or an occupational
				therapy assistant may delegate to occupational therapy aides only specific
				tasks which are neither evaluative, task selective, nor recommending in nature,
				and only after ensuring that the occupational therapy aides are appropriately
				trained and have supportive documentation for the performance of the tasks.
				Such tasks may include:
a. Routine department
				maintenance.
b. Transportation of
				patients and clients.
c.
				Preparation or setting up of treatment equipment and work area.
d. Taking care of patient's and client's
				personal needs during treatments.
e. Assisting the occupational therapist or
				occupational therapy assistant in the construction of adaptive
				equipment.
f. Clerical, secretarial
				duties.
North Dakota Administrative Code › Title 55.5 - Occupational Therapy Practice, Board of › Article 55.5-02 - Occupational Therapy Practice Licensure › Chapter 55.5-02-05 - Information Changes › Section 55.5-02-05-01 - Address, name, or supervision, changes

Current through Supplement No. 393, July, 2024
Any licensee must report a change of address, name, or
				  supervision to the board. Proof of any changes and substantiation of
				  supervision status must also be submitted by both the occupational therapist
				  and the occupational therapy assistant.
General Authority:
NDCC 43-40-05
Law Implemented:
NDCC
					 43-40-05
North Dakota Administrative Code › Title 55.5 - Occupational Therapy Practice, Board of › Article 55.5-03 - Practice of Occupational Therapy › Chapter 55.5-03-01 - Scope of Practice › Section 55.5-03-01-02 - Educational background

Current through Supplement No. 393, July, 2024
Occupational therapy education includes a broad foundation in
				  liberal arts and sciences. Biological, physical, social, and behavioral
				  sciences prepare the entry-level therapist to understand occupation across the
				  lifespan. The accreditation council for occupational therapy education (ACOTE)
				  establishes educational standards that are routinely reviewed to ensure that
				  entry-level occupational therapists and occupational therapy assistants are
				  prepared as generalists who have had a broad exposure to delivery models and
				  systems; occupational theory and evidenced-based approaches to evaluation and
				  intervention; and analysis and application of occupation as intervention.
				  Occupational therapy education requires the successful completion of fieldwork
				  (ACOTE, 2012).
General Authority:
NDCC
					 43-40-05
Law Implemented:
NDCC
					 43-40-01,
					 43-40-05
North Dakota Administrative Code › Title 55.5 - Occupational Therapy Practice, Board of › Article 55.5-03 - Practice of Occupational Therapy › Chapter 55.5-03-01 - Scope of Practice › Section 55.5-03-01-03 - Specific occupational therapy services

Current through Supplement No. 393, July, 2024
The "Occupational Therapy Practice Framework: Domain and
				  Process" (4th edition 2020) describes the practice of occupational therapy. The
				  practice of occupational therapy means the therapeutic use of occupations,
				  including everyday life activities with individuals, groups, populations, or
				  organizations to support participation, performance, and function in roles and
				  situations in home, school, workplace, community, and other settings.
				  Occupational therapy services are provided for habilitation, rehabilitation,
				  and the promotion of health and wellness, including methods delivered via
				  telerehabilitation to those who have or are at risk for developing an illness,
				  injury, disease, disorder, condition, impairment, disability, activity
				  limitation, or participation restriction. Occupational therapy addresses the
				  physical, cognitive, psychosocial, sensory-perceptual, and other aspects of
				  performance in a variety of contexts and environments to support engagement in
				  occupations that affect physical and mental health, well-being, and quality of
				  life.
General Authority:
NDCC 43-40-05
Law Implemented:
NDCC 43-40-01,
					 43-40-05
North Dakota Administrative Code › Title 55.5 - Occupational Therapy Practice, Board of › Article 55.5-03 - Practice of Occupational Therapy › Chapter 55.5-03-01 - Scope of Practice › Section 55.5-03-01-04 - Occupational therapy evaluation

Current through Supplement No. 393, July, 2024
Evaluation of factors affecting activities of daily living
				  (ADL), instrumental activities of daily living (IADL), health maintenance, rest
				  and sleep, education, work, play, leisure, and social participation,
				  includes:
1. Client factors, including
				body functions (mental functions, sensory functions, neuromusculoskeletal,
				immunological, and respiratory system functions, voice and speech functions,
				skin and related structure functions) and body structures , values, beliefs,
				and spirituality.
2. Performance
				patterns, including habits, routines, roles, and rituals.
3. Context is the environmental and personal
				factors specific to each client (person, group, population) that influences
				engagement and participation in occupations. Examples include physical and
				social environments, cultural, personal, temporal, and virtual contexts and
				activity demands .
4. Performance
				skills, including motor skills, process skills, and social interaction
				skills.
General Authority:
NDCC 43-40-05
Law Implemented:
NDCC 43-40-01,
					 43-40-05
North Dakota Administrative Code › Title 55.5 - Occupational Therapy Practice, Board of › Article 55.5-03 - Practice of Occupational Therapy › Chapter 55.5-03-01 - Scope of Practice › Section 55.5-03-01-05 - Occupational therapy intervention

Current through Supplement No. 393, July, 2024
1. Methods or
				approaches selected to direct the process of interventions include:
a. Establishment, remediation, or restoration
				of a skill or ability that has not yet developed, is impaired, or in
				decline.
b. Compensation,
				modification, or adaptation of activity or environment to enhance performance
				or to prevent injuries, disorders, or other conditions.
c. Maintenance, retention, and enhancement of
				skills or abilities without which performance in everyday life activities would
				decline.
d. Creation, promotion of
				health and wellness, including the use of self-management strategies, to enable
				or enhance performance in everyday life activities.
e. Prevention of barriers to performance and
				participation, including injury and disability prevention.
North Dakota Administrative Code › Title 56 - Optometry, Board of › Article 56-01 - General Administration › Chapter 56-01-01 - Organization of Board › Section 56-01-01-01 - Organization of board of optometry

Current through Supplement No. 393, July, 2024
1.
History
				and function.
The 1903 legislative assembly passed legislation
				regulating the practice of optometry, codified as North Dakota Century Code
				chapter 43-13. This chapter establishes a seven-member board of optometry
				appointed by the governor. The board regulates the profession of optometry in
				the state.
2.
Board
				membership.
The board consists of seven members appointed by the
				governor. Five members are resident registered optometrists and have
				established optometric practices in the state. Members of the board serve
				five-year terms.
3.
Officers.
The board annually shall elect from its number a
				president and a secretary. The president shall preside at all meetings of the
				board. The secretary shall preside in the absence of the president.
4.
Inquiries.
Inquiries
				regarding the board and any submissions to the board or any officers of the
				board shall be submitted to the board administrator:
Alan J. King, OP
Board Administrator
State Board of Optometry
45 West Eighth Street
Dickinson, ND 58601
General Authority:
NDCC 28-32-02.1,
					 43-13-13
Law Implemented:
NDCC 28-32-02.1
North Dakota Administrative Code › Title 56 - Optometry, Board of › Article 56-02 - Optometrist Licensure › Chapter 56-02-01 - Optometrist Examination and Licensure › Section 56-02-01-01 - Requirements for licensure

Current through Supplement No. 393, July, 2024
The board shall provide application forms to be completed by
				  applicants and identify the examinations required of applicants and licensees
				  to determine an individual's fitness under the law and this title for
				  licensure. The board shall require applicants to pass the North Dakota state
				  optometry law examination and to pass written national tests deemed reasonably
				  necessary by the board . The board shall require applicants to take a practical
				  examination and may require a licensee to take an examination on optometric
				  knowledge and skills.
General Authority:
NDCC 43-13-13
Law Implemented:
NDCC 43-13-16,
					 43-13-17
North Dakota Administrative Code › Title 56 - Optometry, Board of › Article 56-02 - Optometrist Licensure › Chapter 56-02-01 - Optometrist Examination and Licensure › Section 56-02-01-02 - Examination questions concerning optometric jurisprudence

Current through Supplement No. 393, July, 2024
The board shall refuse to admit an applicant to its
				  examination for license to practice optometry unless and until the applicant
				  shall have answered in the affirmative each of the following questions
				  pertaining to optometric jurisprudence, and shall have satisfied the board of
				  the applicant's honesty and good faith in so answering the questions:
1. Do you consider optometry a profession?
2. Would you sacrifice profit for
				the benefit of your patient?
3.
				Will you cooperate with practitioners of other professions in your work as an
				optometrist?
4. Will you continue
				as a student and take advantage of all educational opportunities to the best of
				your ability?
5. Will you endeavor
				to raise the standard of optometry and assist in every way possible to create a
				better understanding among fellow optometrists, professionally, educationally,
				and ethically?
6. Do you realize
				that under North Dakota law, you can only be employed by a licensed
				optometrist, a physician licensed under chapter 43-17, a hospital, or a clinic
				operated by licensed optometrists or by licensed physicians?
7. Would you consult a fellow optometrist in
				the interest of your patient's welfare?
8. Will you familiarize yourself with the
				North Dakota optometry law and the rulings of the board, abide by the same, and
				assist the board and other officers in enforcement of the law?
General Authority: NDCC
					 43-13-13
Law
					 Implemented: NDCC
					 43-13-22,
					 43-13-28
North Dakota Administrative Code › Title 56 - Optometry, Board of › Article 56-02 - Optometrist Licensure › Chapter 56-02-01 - Optometrist Examination and Licensure › Section 56-02-01-03 - Waiver of practical examination

Current through Supplement No. 393, July, 2024
Determined repealed by the office of the Legislative Council
				  under subsection 3 of North Dakota Century Code section
				  28-32-03 because statutory
				  authority supersedes the rule under S.L. 1999, ch. 377.
North Dakota Administrative Code › Title 56 - Optometry, Board of › Article 56-02 - Optometrist Licensure › Chapter 56-02-01 - Optometrist Examination and Licensure › Section 56-02-01-04 - Address of each optometric office

Current through Supplement No. 393, July, 2024
Registered optometrists shall at all times keep the board
				  informed of the correct street addresses of each of their offices and their
				  correct mailing addresses.
General Authority:
NDCC 43-13-13
Law Implemented:
NDCC 43-13-11,
					 43-13-23
North Dakota Administrative Code › Title 56 - Optometry, Board of › Article 56-02 - Optometrist Licensure › Chapter 56-02-01 - Optometrist Examination and Licensure › Section 56-02-01-06 - Optometrist compliance verification

Current through Supplement No. 393, July, 2024
The board may require any licensed optometrist to submit
				  written answers to questions regarding the optometrist's compliance with this
				  title or North Dakota Century Code chapter 43-13. The board may require that
				  such answers be given under oath.
General Authority: NDCC
					 43-13-13
Law
					 Implemented: NDCC
					 43-13-14,
					 43-13-22
North Dakota Administrative Code › Title 56 - Optometry, Board of › Article 56-02 - Optometrist Licensure › Chapter 56-02-01 - Optometrist Examination and Licensure › Section 56-02-01-07 - Licensure fees

Current through Supplement No. 393, July, 2024
The following fees must be paid to the board:
1. A fee of two hundred dollars must
				accompany an application for a license to practice optometry.
2. A fee of two hundred dollars must be paid
				by any optometrist seeking to be licensed in this state by
				reciprocity.
3. A fee of two
				hundred dollars must be paid annually for renewal of a license to practice
				optometry.
General Authority:
NDCC 43-13-13
Law Implemented:
NDCC 43-13-17, 43-13-18,
					 43-13-20
North Dakota Administrative Code › Title 56 - Optometry, Board of › Article 56-02 - Optometrist Licensure › Chapter 56-02-01 - Optometrist Examination and Licensure › Section 56-02-01-08 - Licensure renewal

Current through Supplement No. 393, July, 2024
The board shall provide forms upon which applications for
				  renewal must be submitted. Renewal applications must be submitted annually,
				  during December of each year. A license may be renewed by the board upon the
				  satisfactory submission of:
1. A
				completed application for renewal form.
2. The fee for renewal of a
				license.
3. Documents indicating
				the applicant for renewal has met continuing education requirements.
General Authority:
NDCC 43-13-13
Law Implemented:
NDCC 43-13-20
North Dakota Administrative Code › Title 56 - Optometry, Board of › Article 56-02 - Optometrist Licensure › Chapter 56-02-01 - Optometrist Examination and Licensure › Section 56-02-01-09 - Military spouse licensure

Current through Supplement No. 393, July, 2024
1. The board shall
				license individuals who meet the definition of military spouse set forth in
				North Dakota Century Code section 43-51-01 who meet the following requirements:
a. The military spouse demonstrates
				competency in optometry through methods or standards determined by the board
				which must include experience in optometry for at least two of the four years
				preceding application.
b. The board
				determines the issuance of the license will not substantially increase risk of
				harm to the public.
North Dakota Administrative Code › Title 56 - Optometry, Board of › Article 56-02 - Optometrist Licensure › Chapter 56-02-02 - Continuing Education › Section 56-02-02-01 - Continuing educational requirements

Current through Supplement No. 393, July, 2024
1. The continuing educational requirements in
				effect through December 31, 2021, are as follows: every licensee shall have
				attended, during the three-year period preceding the date of renewal, fifty
				classroom hours of optometric educational programs required by North Dakota
				Century Code section 43-13-20, hereinafter called educational
				requirements.
2. The continuing
				educational requirements that take effect on January 1, 2022, are as follows:
a. Licensees shall submit a renewal
				application form in December of every year. When renewing a license in
				odd-numbered years the board shall confirm the licensee attended, during the
				two-year period preceding the date of renewal, no less than forty hours of
				optometric educational programs required by North Dakota Century Code section
				43-13-20, hereinafter called educational requirements.
b. Licensees whose initial license was issued
				by the board during an odd-numbered year need not submit proof of continuing
				education when renewing the license in December of that first year of
				licensure.
c. Licensees whose
				initial license was issued by the board during an even-numbered year shall
				submit proof of completing twenty hours of continuing education when renewing
				the license in December of the subsequent odd-numbered year.
North Dakota Administrative Code › Title 56 - Optometry, Board of › Article 56-02 - Optometrist Licensure › Chapter 56-02-02 - Continuing Education › Section 56-02-02-02 - Compliance with educational requirements

Current through Supplement No. 393, July, 2024
The required number of hours of educational requirements may
				  be obtained by one or more of the following methods:
1. Educational programs, clinics, seminars,
				meetings, or study sessions without or within North Dakota approved by the
				state board of optometry. A request for approval for a particular educational
				program, clinic, seminar, meeting, or study session must be made to the board
				at least thirty days prior to the educational meeting and the board shall
				either grant or deny its approval of such educational meeting within a
				reasonable period of time in advance of such educational meeting.
2. In situations of extenuating circumstances
				that result in a hardship and upon receipt by the board of satisfactory
				evidence of such circumstances, the board may approve extensions of the
				deadlines for meeting educational requirements.
General Authority:
NDCC 43-13-20
Law Implemented:
NDCC 43-13-20
North Dakota Administrative Code › Title 56 - Optometry, Board of › Article 56-02 - Optometrist Licensure › Chapter 56-02-02 - Continuing Education › Section 56-02-02-04 - Categories of educational requirements

Current through Supplement No. 393, July, 2024
All optometrists licensed in this state must file with the
				  secretary a certification of educational program compliance with the
				  optometrist's annual license fee on forms which shall be provided by the
				  secretary. No more than six hours within a two-year reporting cycle may be in
				  practice management. No more than sixteen hours within a two-year reporting
				  cycle may be earned by means other than in-person, face-to-face sessions.
				  Submission of proof that a licensee has completed a course on cardiopulmonary
				  resuscitation approved by the board, and that is deemed by the course provider
				  as being valid through the two-year reporting cycle, may be accepted as the
				  equivalent of two hours.
General Authority:
NDCC 43-13-20
Law Implemented:
NDCC 43-13-20
North Dakota Administrative Code › Title 56 - Optometry, Board of › Article 56-02 - Optometrist Licensure › Chapter 56-02-02 - Continuing Education › Section 56-02-02-05 - Secretary to keep records of verify compliance

Current through Supplement No. 393, July, 2024
The secretary, or the secretary's designee, shall verify
				  records of the number of hours which registered optometrists have credited
				  toward meeting the educational requirements. At least six months prior to the
				  end of any applicable registration period, the secretary shall give notice to
				  any registered optometrist who is six or more hours short of meeting the
				  educational requirements for the two-year period ending on the date of renewal.
				  Such notice must advise the registered optometrist of the number of hours of
				  optometric educational programs which must be completed within the balance of
				  the two-year period in order to comply with this section and North Dakota
				  Century Code section 43-13-20.
General Authority:
NDCC 43-13-13
Law Implemented:
NDCC 43-13-20
North Dakota Administrative Code › Title 56 - Optometry, Board of › Article 56-02 - Optometrist Licensure › Chapter 56-02-03 - Unethical Practices › Section 56-02-03-01 - Cappers and steerers prohibited

Current through Supplement No. 393, July, 2024
The use of so-called "cappers" and "steerers" and splitting
				  of fees for the purpose of obtaining patients is unlawful. For a person
				  registered under the North Dakota optometry law to make a house-to-house
				  canvass or otherwise, either in person or through solicitors or agents, for the
				  purpose of selling glasses, eye examinations, or other optometric services, is
				  declared unprofessional and unlawful. It is prima facie evidence that an
				  optometrist is obtaining business by using and employing suppliers as a
				  "capper" or "steerer" in violation of this section and the law where there is
				  any arrangement, agreement, or practice whereby a supplier of ophthalmic
				  materials:
1. Provides office space
				for a practicing optometrist.
2.
				Pays rent for the office space occupied by a practicing optometrist.
3. Pays the professional fees of a practicing
				optometrist.
4. Pays for any
				advertising for a practicing optometrist.
5. Pays commissions to a practicing
				optometrist upon ophthalmic materials furnished to the optometrist or the
				optometrist's patients.
6. Refers
				prospective purchasers of ophthalmic materials to a specific optometrist.
7. Otherwise directs prospective
				purchasers of ophthalmic materials to a specific optometrist.
General Authority:
NDCC
				  43-13-13
Law Implemented:
NDCC
				  43-13-13
North Dakota Administrative Code › Title 56 - Optometry, Board of › Article 56-02 - Optometrist Licensure › Chapter 56-02-03 - Unethical Practices › Section 56-02-03-02 - Code of ethics

Current through Supplement No. 393, July, 2024
Unethical conduct is conduct contrary to the ethics of the
				  optometric profession as hereinafter set forth. The following code of ethics is
				  adopted as a standard by the board of optometry. It shall be the ideal, the
				  resolve, and the duty of all holders of certificates of registration to
				  practice optometry in North Dakota to:
1. Keep the visual welfare of the patient
				uppermost at all times.
2. Keep
				inviolate all confidences committed to the optometrist in the optometrist's
				professional relationship with the patient.
3. Support organized optometry in its efforts
				to advance and promote the highest ideals of professional service.
4. Refrain from any exaggeration of a
				patient's condition.
5. Keep
				informed as to developments in the profession and to contribute the
				optometrist's share to the general knowledge and advancement of the profession
				by all means within the optometrist's power.
6. Refrain from all criticism reflecting upon
				the skill of a colleague.
7.
				Refuse to be employed by a person other than a licensed optometrist, a
				physician licensed under North Dakota Century Code chapter 43-17, a hospital,
				or a clinic operated by licensed optometrists or by licensed physicians.
8. Refrain from employing fraud,
				deceit, misrepresentation, or fraudulent advertising in the practice of
				optometry.
a. No person licensed to practice
				as an optometrist may:
(1) Seek to obtain
				patients by advertising or other forms of solicitation in a manner that is
				false, fraudulent, deceitful, misleading, or deceptive.
(2) On the person's own behalf or on behalf
				of a partner, associate, association, corporation, organization, group,
				individual, or any other optometrist affiliated with the person, use or
				participate, directly or indirectly, in a false, fraudulent, deceitful,
				misleading, or deceptive statement or claim.
North Dakota Administrative Code › Title 56 - Optometry, Board of › Article 56-02 - Optometrist Licensure › Chapter 56-02-04 - Equipment, Examination, Prescription, and Fee Requirements › Section 56-02-04-01 - Minimum equipment requirements

Current through Supplement No. 393, July, 2024
The minimum requirements of office equipment and accessories
				  for optometrists, all of which shall be maintained in good working condition at
				  each location where examinations are conducted, shall be those customarily used
				  and available according to the prevailing standards of the profession in the
				  state of North Dakota.
General Authority: NDCC
					 43-13-13
Law
					 Implemented: NDCC
					 43-13-22
North Dakota Administrative Code › Title 56 - Optometry, Board of › Article 56-02 - Optometrist Licensure › Chapter 56-02-04 - Equipment, Examination, Prescription, and Fee Requirements › Section 56-02-04-02 - Minimum examination requirements

Current through Supplement No. 393, July, 2024
The minimum care which an optometrist shall provide in all
				  cases shall include the patient's case history, records, examination,
				  diagnosis, and treatment as meet the generally accepted standard of care for
				  the practice of optometry, but not less than required by law and these rules.
				  An optometrist shall keep and maintain permanent records of each patient for a
				  minimum of six years from the last contact with the patient documenting the
				  care, case history, records, examination, diagnosis, and treatment of each
				  patient.
General Authority: NDCC
					 43-13-13
Law
					 Implemented: NDCC
					 43-13-13,
					 43-13-13.2,
					 43-13-13.3
North Dakota Administrative Code › Title 56 - Optometry, Board of › Article 56-02 - Optometrist Licensure › Chapter 56-02-04 - Equipment, Examination, Prescription, and Fee Requirements › Section 56-02-04-03 - Minimum prescription and fee standards

Current through Supplement No. 393, July, 2024
1. Optometrists shall make available to their
				patients a copy of their spectacle (not contact lenses) prescription upon
				request. Every spectacle prescription shall have noted thereon an expiration
				date not to exceed thirty-six months.
2. Optometrists shall make available to their
				patients a copy of their contact lens prescription upon completion of the
				fitting. An optometrist may require payment of fees for an eye examination,
				fitting, and evaluation before the release of a contact lens prescription, but
				only if the optometrist requires immediate payment in the case of an
				examination that reveals no requirement for ophthalmic goods. For purposes of
				the preceding sentence, presentation of proof of insurance coverage for that
				service shall be deemed to be a payment. Every contact lens prescription shall
				have noted thereon an expiration date not to exceed twelve months.
3. Every licensed optometrist shall make
				available to the patient, upon request, information showing how the fee was
				calculated, including the amount charged for professional services rendered and
				for the laboratory cost of the ophthalmic materials used.
General Authority: NDCC
					 43-13-13
Law
					 Implemented: NDCC
					 43-13-22
North Dakota Administrative Code › Title 56 - Optometry, Board of › Article 56-02 - Optometrist Licensure › Chapter 56-02-04 - Equipment, Examination, Prescription, and Fee Requirements › Section 56-02-04-04 - Failure to comply with minimum equipment, examination, and prescription standards

Current through Supplement No. 393, July, 2024
In the absence of compelling reason to the contrary, it shall
				  be considered grossly incompetent for an optometrist to willfully or repeatedly
				  fail or neglect to comply with the minimum equipment, examination, and
				  prescription standards of this chapter
General Authority:
NDCC
				  43-13-13
Law Implemented:
NDCC
				  43-13-13
North Dakota Administrative Code › Title 56 - Optometry, Board of › Article 56-02 - Optometrist Licensure › Chapter 56-02-05 - Certification - Pharmaceutical Agents, Controlled Substances, and Treatment of Glaucoma › Section 56-02-05-01 - Authority to administer pharmaceutical agents

Current through Supplement No. 393, July, 2024
The board may authorize persons engaging in the practice of
				  optometry to administer pharmaceutical agents. In issuing an original or
				  renewal license to practice optometry, the board shall provide appropriate
				  identification to be affixed in a prominent place on the license to practice
				  optometry indicating whether the registered person has been certified to
				  prescribe and use diagnostic or therapeutic pharmaceutical agents, or both.
General Authority: NDCC
					 43-13-13
Law
					 Implemented: NDCC
					 43-13-13.2
North Dakota Administrative Code › Title 56 - Optometry, Board of › Article 56-02 - Optometrist Licensure › Chapter 56-02-05 - Certification - Pharmaceutical Agents, Controlled Substances, and Treatment of Glaucoma › Section 56-02-05-02 - Examination and course requirements

Current through Supplement No. 393, July, 2024
Only those optometrists who have duly applied to the board
				  and satisfactorily passed an examination and completed courses prescribed by
				  the board, including courses in general and ocular pharmacology,
				  cardiopulmonary resuscitation, and first aid for adverse reactions, shall be
				  permitted the use of diagnostic pharmaceutical agents. No course or courses in
				  pharmacology may be approved by the board unless taught by an institution
				  having the capability for both the didactic and clinical instruction in
				  pharmacology, the institution is accredited by a regional or professional
				  accrediting organization or the United States department of education, and
				  unless transcript credit for the course or courses is certified to the board by
				  the institution as being equivalent in both hours and content to those courses
				  in pharmacology required of health professional students graduating after June
				  1972.
General Authority: NDCC
					 43-13-13
Law
					 Implemented: NDCC
					 43-13-13.2
North Dakota Administrative Code › Title 56 - Optometry, Board of › Article 56-02 - Optometrist Licensure › Chapter 56-02-05 - Certification - Pharmaceutical Agents, Controlled Substances, and Treatment of Glaucoma › Section 56-02-05-03 - Therapeutic pharmaceutical agents examination requirement

Current through Supplement No. 393, July, 2024
In addition to section
				  56-02-05-02, an applicant for
				  certification to use therapeutic pharmaceutical agents shall be required to
				  pass the "treatment and management of ocular disease" section of the
				  optometrist examination approved by the international association of boards of
				  examination in optometry, inc., and the national board of optometry examination
				  in ocular therapy, or such other substituted courses as the board may approve.
General Authority: NDCC
					 43-13-13
Law
					 Implemented: NDCC
					 43-13-13.2
North Dakota Administrative Code › Title 56 - Optometry, Board of › Article 56-02 - Optometrist Licensure › Chapter 56-02-05 - Certification - Pharmaceutical Agents, Controlled Substances, and Treatment of Glaucoma › Section 56-02-05-04 - Prior classroom and clinical experience

Current through Supplement No. 393, July, 2024
For the purpose of fulfilling the minimum educational
				  statutory requirements for certification to prescribe and administer
				  pharmaceutical agents, the board may approve prior classroom and clinical
				  experience hours dealing with diagnosis, treatment, and management of ocular
				  diseases. Clinical experience must be hours in the office or clinic of a
				  licensed ophthalmologist or an optometrist certified to prescribe and
				  administer diagnostic and therapeutic pharmaceutical agents in North Dakota.
General Authority: NDCC
					 43-13-13
Law
					 Implemented: NDCC
					 43-13-13.2
North Dakota Administrative Code › Title 56 - Optometry, Board of › Article 56-02 - Optometrist Licensure › Chapter 56-02-05 - Certification - Pharmaceutical Agents, Controlled Substances, and Treatment of Glaucoma › Section 56-02-05-05 - Oral or written examination or both

Current through Supplement No. 393, July, 2024
The board may require an examination for administering or
				  prescribing pharmaceutical agents which may be either written or oral, or both,
				  and cover subjects in general pharmacology, ocular pharmacology, and ocular
				  pharmacology applied to relevant clinical procedures.
General Authority: NDCC
					 43-13-13
Law
					 Implemented: NDCC
					 43-13-13.2
North Dakota Administrative Code › Title 56 - Optometry, Board of › Article 56-02 - Optometrist Licensure › Chapter 56-02-05 - Certification - Pharmaceutical Agents, Controlled Substances, and Treatment of Glaucoma › Section 56-02-05-06 - Continuing education requirements

Current through Supplement No. 393, July, 2024
For those optometrists who are certified in the use of
				  pharmaceutical agents, one-half of the total hours of continuing education
				  required by this title shall have emphasis in the treatment and management of
				  diseases of the eye and its adnexa.
General Authority: NDCC
					 43-13-13
Law
					 Implemented: NDCC
					 43-13-13.2
North Dakota Administrative Code › Title 56 - Optometry, Board of › Article 56-02 - Optometrist Licensure › Chapter 56-02-05 - Certification - Pharmaceutical Agents, Controlled Substances, and Treatment of Glaucoma › Section 56-02-05-09 - Certification to treat glaucoma

Current through Supplement No. 393, July, 2024
No optometrist may treat glaucoma until certified to do so as
				  a therapeutically certified optometrist by the North Dakota state board of
				  optometry.
General Authority: NDCC
					 43-13-13
Law
					 Implemented: NDCC
					 43-13-01,
					 43-13-13.3
North Dakota Administrative Code › Title 56 - Optometry, Board of › Article 56-02 - Optometrist Licensure › Chapter 56-02-05 - Certification - Pharmaceutical Agents, Controlled Substances, and Treatment of Glaucoma › Section 56-02-05-10 - Glaucoma treatment certification requirements

Current through Supplement No. 393, July, 2024
Before being certified to treat glaucoma an optometrist must
				  have:
1. Received a passing score on
				the clinical science part (part II) of the comprehensive examination given by
				the national board of examiners in optometry;
2. Received a passing score dated after
				January 1, 1992, on the treatment and management of ocular disease special
				examination given by the national board of examiners in optometry; or
3. Received a passing score in a
				course of study approved by the board equivalent to either the treatment and
				management of ocular disease or part II.
General Authority: NDCC
					 43-13-13
Law
					 Implemented: NDCC
					 43-13-01,
					 43-13-13.3
North Dakota Administrative Code › Title 56 - Optometry, Board of › Article 56-02 - Optometrist Licensure › Chapter 56-02-05 - Certification - Pharmaceutical Agents, Controlled Substances, and Treatment of Glaucoma › Section 56-02-05-11 - Glaucoma treatment consultation

Current through Supplement No. 393, July, 2024
Determined repealed by the office of the Legislative Council
				  pursuant to North Dakota Century Code section
				  28-32-06 because the statutory
				  basis for the rules was eliminated by S.L. 2001, ch. 374, § 1.
North Dakota Administrative Code › Title 56 - Optometry, Board of › Article 56-02 - Optometrist Licensure › Chapter 56-02-06 - Disciplinary Action - Procedure › Section 56-02-06-01 - Disciplinary action

Current through Supplement No. 393, July, 2024
The board may take such disciplinary action as it deems
				  reasonably necessary under the provisions of North Dakota Century Code chapter
				  43-13 when it appears to the satisfaction of the majority of the members of the
				  board that any provisions of title 56 or North Dakota Century Code chapter
				  43-13 have been violated.
General Authority: NDCC
					 43-13-13
Law
					 Implemented: NDCC
					 43-13-21.1,
					 43-13-22,
					 43-13-23,
					 43-13-24,
					 43-13-25,
					 43-13-26
North Dakota Administrative Code › Title 56 - Optometry, Board of › Article 56-02 - Optometrist Licensure › Chapter 56-02-06 - Disciplinary Action - Procedure › Section 56-02-06-05 - Disciplinary reports

Current through Supplement No. 393, July, 2024
Every optometrist shall promptly report to the secretary of
				  the board any disciplinary action brought against such optometrist by any state
				  or federal board or agency.
General Authority: NDCC
					 43-13-13
Law
					 Implemented: NDCC
					 43-13-21.1,
					 43-13-22,
					 43-13-26.1