reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:50 - Optometry › Chapter 20:50:02 - Licensing and registration › Section 20:50:02:03.01 - Fees

Current through Register Vol. 51, page 10, July 15, 2024
The application fee for initial licensure is $175. An
				  additional amount of $25 shall be paid upon the issuance of a
				  certificate.
General Authority:
SDCL
					 36-7-11(2).
Law Implemented:
SDCL
					 1-26-6.9,
					 36-7-11(2),
					 36-7-13.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:50 - Optometry › Chapter 20:50:02 - Licensing and registration › Section 20:50:02:04

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-7-15.
Law Implemented:
SDCL
					 36-7-11.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:50 - Optometry › Chapter 20:50:02 - Licensing and registration › Section 20:50:02:04.03 - Licensure by endorsement

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for licensure by endorsement shall submit the
				  application and fingerprints required by §
									20:50:02:02 and pay the required
				  fee pursuant to §
									20:50:02:03.01. The application
				  must be supported by written evidence satisfactory to the board that the
				  applicant:
(1) Is licensed in good
				standing to practice optometry in a state or territory under U.S. jurisdiction
				that required passage of a written, entry-level examination at the time of
				initial licensure;
(2) Is licensed
				at a level of prescriptive authority that, in the judgment of the board, is
				equal to or higher than the requirement in this state; and
(3) Has been actively and routinely engaged
				in the practice of optometry, including the use of therapeutic pharmaceutical
				agents, for at least five consecutive years immediately preceding making
				application under this section;
The applicant shall request any optometry licensing agency of
				  any U.S. jurisdiction in which the applicant is licensed or has ever been
				  licensed to practice optometry to provide reports directly to the board
				  describing the applicant's current standing and any past or pending actions
				  taken with respect to the applicant's authority to practice optometry in those
				  jurisdictions, including any investigations, entrances into consent agreements,
				  suspensions, revocations, and refusals to issue or renew a license. Any
				  application received from an optometrist who has been sanctioned by revocation
				  of license by another optometric licensing jurisdiction must be reviewed on a
				  case-by-case basis by the board.
The board retains the authority to require additional
				  education, testing, or training prior to granting licensure under SDCL
				  36-7-13 if the competency of any
				  applicant is in question. Any applicant who has previously been denied a
				  license by the board shall apply for and meet all initial licensure
				  requirements.
General Authority:
SDCL
					 36-7-13,
					 36-7-15.
Law Implemented:
SDCL
					 36-7-12.2,
					 36-7-13.
Passing grade, §
											20:50:02:06.01.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:50 - Optometry › Chapter 20:50:02 - Licensing and registration › Section 20:50:02:04.04

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-7-15.1.
Law Implemented:
SDCL
					 36-7-15.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:50 - Optometry › Chapter 20:50:02 - Licensing and registration › Section 20:50:02:06 - National board examination required

Current through Register Vol. 51, page 10, July 15, 2024
An applicant must pass Part I (Applied Basic Science), Part
				  II (Patient Assessment and Management), Part III (Clinical Skills), and the
				  Treatment and Management of Ocular Disease (TMOD) of the examination certified
				  by the National Board of Examiners in Optometry. The board may require an
				  applicant to take additional tests, including the National Board of Clinical
				  Skills examination. The application shall indicate when the applicant took the
				  national board examinations and the subjects covered. The applicant must have
				  passed the examinations within the five years before the date of licensure in
				  this state unless licensed pursuant to §
									20:50:02:04.03.
General Authority:
SDCL
					 36-7-15(5).
Law Implemented:
SDCL
					 36-7-12.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:50 - Optometry › Chapter 20:50:02 - Licensing and registration › Section 20:50:02:06.01

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-7-15,
					 36-7-15.1.
Law Implemented:
SDCL
					 36-7-11,
					 36-7-12,
					 36-7-12.1,
					 36-7-15.2,
					 36-7-15.3.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:50 - Optometry › Chapter 20:50:02 - Licensing and registration › Section 20:50:02:07 - Certificate of registration

Current through Register Vol. 51, page 10, July 15, 2024
After a candidate has successfully passed the examination,
				  the certificate of registration for admission to practice shall not be issued
				  until the candidate has secured and equipped an office within the state of
				  South Dakota meeting the minimum requirements of §
									20:50:06:01 or has arranged a bona
				  fide association with a registered optometrist licensed under the laws of the
				  state of South Dakota who has an office meeting those requirements. The
				  certificate of registration shall not be issued as a result of the examination
				  unless the requirements of all sections of this article are met within one year
				  from the date the candidate was notified of passing the examination. This
				  section does not apply when the candidate is in or entering the military or
				  other governmental service.
General Authority:
SDCL
					 36-7-15(5).
Law Implemented:
SDCL
					 36-7-11.
Inspection of office, §
											20:50:06:02.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:50 - Optometry › Chapter 20:50:02 - Licensing and registration › Section 20:50:02:08 - Annual renewal fees

Current through Register Vol. 51, page 10, July 15, 2024
The annual renewal fee for licensed optometrists is $300 if
				  paid by the first day of October of each year. The additional fee for
				  reinstatement after a default, pursuant to SDCL
				  36-7-20, is $100 for each calendar
				  month the fee is late, up to a maximum of twelve months, after which a licensee
				  may be renewed only if, in the discretion of the board, good cause is shown for
				  the delinquency.
An optometrist who has not actively and routinely practiced
				  for a period of greater than one year, but not more than three years, may, at
				  the discretion of the board, be reinstated upon a showing of good cause,
				  payment of the annual renewal fee for each year of absence, payment of the late
				  fee for each month of absence as provided in this section, and upon providing
				  proof of being current on all continuing education
				  requirements.
General Authority:
SDCL
					 36-7-20
Law Implemented:
SDCL
					 36-7-20
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:50 - Optometry › Chapter 20:50:03 - Optometric schools › Section 20:50:03:01 - Recognized optometric schools or colleges

Current through Register Vol. 51, page 10, July 15, 2024
The optometric schools or colleges referred to in SDCL
				  36-7-11(5) are
				  those optometric schools or colleges certified by the Council on Optometric
				  Education of the American Optometric Association as approved optometric schools
				  or colleges.
General Authority:
SDCL
					 36-7-15(6).
Law Implemented:
SDCL
					 36-7-11(5).
List of Accredited Optometric Educational Programs, Council
					 on Optometric Education, American Optometric Association. Copies may be
					 obtained free of charge from the Council on Optometric Education, American
					 Optometric Association,
https://www.aoa.org
.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:50 - Optometry › Chapter 20:50:04 - Code of ethics › Section 20:50:04:01 - Confidential communications

Current through Register Vol. 51, page 10, July 15, 2024
All information received from the patient in the course of
				  treatment shall be treated as a privileged communication and held
				  inviolate.
General Authority:
SDCL
					 36-7-15(2).
Law Implemented:
SDCL
					 36-7-15(2).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:50 - Optometry › Chapter 20:50:04 - Code of ethics › Section 20:50:04:02 - Advising patient

Current through Register Vol. 51, page 10, July 15, 2024
If, during the course of an examination of a patient, an
				  optometrist discovers a health condition that should have care by persons
				  outside the field of optometry, the optometrist shall so advise the
				  patient.
General Authority:
SDCL
					 36-7-15(2).
Law Implemented:
SDCL
					 36-7-15(2).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:50 - Optometry › Chapter 20:50:04 - Code of ethics › Section 20:50:04:03 - Serving as optician prohibited

Current through Register Vol. 51, page 10, July 15, 2024
Optometrists shall not in any manner publicize themselves as
				  or hold themselves forth as opticians.
General Authority:
SDCL
					 36-7-15(2).
Law Implemented:
SDCL
					 36-7-15(2).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:50 - Optometry › Chapter 20:50:04 - Code of ethics › Section 20:50:04:04 - Maintenance of office

Current through Register Vol. 51, page 10, July 15, 2024
An office maintained for practice of optometry must be clean
				  and sanitary. The office must be exclusive of any other business and must be
				  physically disconnected from any commercial business or influence in the same
				  building by use of floor-to-ceiling wall separations and a separate front
				  entrance to the outside or to common hallways.
General Authority:
SDCL
					 36-7-15(2),
					 36-7-17.
Law Implemented:
SDCL
					 36-7-15(2).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:50 - Optometry › Chapter 20:50:04 - Code of ethics › Section 20:50:04:05 - Use of word "doctor."

Current through Register Vol. 51, page 10, July 15, 2024
No optometrist, when using the title of "doctor" in
				  advertising, may qualify it in any way other than by the use of the word
				  "optometrist." When not using the title, optometrists may use after their names
				  the letters "O.D." or the word "optometrist," or both. Approved listings
				  include Dr. John Doe, Optometrist; John Doe, O.D., Optometrist; John Doe,
				  Optometrist; and John Doe, O.D.
General Authority:
SDCL
					 36-7-15(2).
Law Implemented:
SDCL
					 36-7-15(2).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:50 - Optometry › Chapter 20:50:04 - Code of ethics › Section 20:50:04:06 - Optometrist to write and release prescription - Requests for medical records

Current through Register Vol. 51, page 10, July 15, 2024
Upon the request of a patient for whom an optometrist has
				  prescribed spectacle lenses, the optometrist shall issue the prescription and
				  deliver a copy of it to the patient. A spectacle lens prescription expires on
				  the date specified by the prescriber, based upon the medical judgment of the
				  prescriber with respect to the ocular health of the patient. If a prescription
				  expires in less than one year, the reasons for the expiration date must be
				  documented in the patient's medical record. No prescriber may specify a
				  prescription expiration date that is earlier than the date on which
				  reexamination of the patient is medically necessary. Requests for medical
				  records are governed by SDCL
				  36-2-16.
General Authority:
SDCL
					 36-7-15(2).
Law Implemented:
SDCL
					 36-7-1,
					 36-7-15(2).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:50 - Optometry › Chapter 20:50:04 - Code of ethics › Section 20:50:04:07 - Claims of superiority

Current through Register Vol. 51, page 10, July 15, 2024
Optometrists may not claim to have superior qualifications or
				  to be superior to other similarly certified optometrists as to the equipment
				  available for use in their practice or as to the quality of service they are
				  able to render to their patients. An optometrist certified to prescribe and
				  administer pharmaceutical agents may, however, indicate such
				  qualifications.
General Authority:
SDCL
					 36-7-15(2).
Law Implemented:
SDCL
					 36-7-15(2).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:50 - Optometry › Chapter 20:50:04 - Code of ethics › Section 20:50:04:09 - Division of fees - Payments to employees

Current through Register Vol. 51, page 10, July 15, 2024
An optometrist may not directly or indirectly divide, share,
				  split, or allocate a fee for optometric services or materials with a layperson,
				  firm, or corporation, or another optometrist or licensed medical practitioner
				  except on the basis of a division of service or responsibility. This section
				  does not prohibit any of the following:
(1) An optometrist from paying an employee in
				the regular course of employment;
(2) A practice established under the terms of
				SDCL chapter 47-11 B; or
(3) An
				optometrist from being employed on a salary, with or without a bonus
				arrangement, by an optometrist or licensed medical practitioner, regardless of
				the amount of supervision exerted by the employer over the office in which the
				employee works. However, this bonus arrangement may not be based on the
				business or income of an optical company.
General Authority:
SDCL
					 36-7-15(2).
Law Implemented:
SDCL
					 36-7-15(2).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:50 - Optometry › Chapter 20:50:04 - Code of ethics › Section 20:50:04:11 - Improper business relationships

Current through Register Vol. 51, page 10, July 15, 2024
To ensure that the services provided by an optometrist to a
				  patient are based solely on the optometrist's professional judgment and not
				  influenced by other business considerations, the following business
				  relationships are prohibited:
(1) An
				office rental, lease, or office space-sharing arrangement which by virtue of
				location causes the optometrist to be in violation of SDCL
				36-7-17 by being directly employed
				by or connected with another person or entity other than an optometrist,
				ophthalmologist, or other licensed healing arts professional or in which the
				optometrist's office, location, or place of practice is owned, operated,
				supervised, staffed, directed, or attended by any other person, corporation, or
				entity not licensed to practice optometry, ophthalmology, or other healing arts
				in the state of South Dakota; and
(2) An arrangement or agreement, express or
				implied, with any firm, business, corporation, person, or other entity not
				licensed to practice optometry in this state which would interfere with the
				optometrist's independent ability to provide professional care for patients
				without outside influence.
Nothing in this section shall be construed to prohibit a
				  practice established under the terms of SDCL chapter 47-11 B or affect
				  referrals between persons authorized to practice medicine or optometry in the
				  state of South Dakota.
General Authority:
SDCL
					 36-7-15(2),
					 36-7-17,
					 36-7-25.
Law Implemented:
SDCL
					 36-7-15(2).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:50 - Optometry › Chapter 20:50:04 - Code of ethics › Section 20:50:04:12

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-7-15(3).
Law Implemented:
SDCL
					 36-7-1,
					 36-7-15.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:50 - Optometry › Chapter 20:50:05 - Advertising › Section 20:50:05:01 - Advertising

Current through Register Vol. 51, page 10, July 15, 2024
False, fraudulent, deceptive, misleading, or sensational
				  advertising is prohibited. Advertising, whether paid for or not, is considered
				  prohibited under this section if it meets any of the following criteria:
(1) Contains a misrepresentation of fact or
				omits a material fact necessary to prevent deception or
				misrepresentation;
(2) Promises
				relief or recovery unobtainable by the average patient by the methods
				publicized;
(3) Contains a
				testimonial pertaining to quality or efficacy of optometric care of services
				that does not represent typical experiences of other patients;
(4) Is intended or is likely to create false
				or unjustified expectations of favorable results;
(5) Contains a claim that the optometrist
				possesses skills, provides services, or uses procedures superior to those of
				other optometrists with similar training, unless the claim can be factually
				substantiated by scientific and accepted evidence;
(6) Takes advantage of a person's fears,
				vanity, anxiety, or similar emotions;
(7) Contains a claim that is likely to
				deceive or mislead the average member of the public to whom it is
				directed;
(8) Contains a false or
				misleading prediction or implication that a satisfactory result or cure will
				result from performance of professional services;
(9) Contains a claim that the optometrist
				uses or provides products which are superior unless claims can be factually
				substantiated by scientific and accepted evidence;
(10) Describes availability of products,
				procedure, or services which are not permitted by law;
(11) Is likely to attract patients by use of
				exaggerated claims;
(12) Contains a
				statement of uninvited direct solicitation of patients who, because of their
				particular circumstances, are vulnerable to undue influences;
(13) Fails to be identified as a paid
				announcement or solicitation when it is not apparent from the context that it
				is a paid announcement or solicitation, including but not limited to
				advertising giving the impression it is a news story or an informational
				article; or
(14) Contains a
				statement of fees charged for specific professional services but fails to
				indicate whether additional fees may be required for related services which may
				also be required.
General Authority:
SDCL
					 36-7-15(2).
Law Implemented:
SDCL
					 36-7-15(2).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:50 - Optometry › Chapter 20:50:06 - Office and equipment requirements › Section 20:50:06:01 - Minimum office equipment

Current through Register Vol. 51, page 10, July 15, 2024
The minimum equipment with which licensed optometrists shall
				  operate their offices and engage in the practice of optometry consists of the
				  following items, all of which shall be kept in good condition:
(1) Ophthalmic chair and instrument
				unit;
(2) Retinoscope;
(3) Ophthalmoscope;
(4) Phoropter;
(5) Keratometer;
(6) Trial lens set;
(7) Trial frame;
(8) Transilluminator;
(9) Projector chart or other luminous acuity
				chart;
(10)
				Biomicroscope;
(11) Instrument to
				evaluate intraocular pressure;
(12)
				Permanent patient record system;
(13) Visual fields instrument;
(14) Color vision test equipment;
				and
(15) Sanitary lavatory
				basin.
General Authority:
SDCL
					 36-7-15(2).
Law Implemented:
SDCL
					 36-7-15(2).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:50 - Optometry › Chapter 20:50:06 - Office and equipment requirements › Section 20:50:06:02 - Inspection of office

Current through Register Vol. 51, page 10, July 15, 2024
Within 60 days following the establishment of a new practice
				  of optometry in this state, a new licensee shall inform the board. who may
				  conduct an inspection of the office facility and procedures.
General Authority:
SDCL
					 36-7-15(2).
Law Implemented:
SDCL
					 36-7-13,
					 36-7-15(2).
Certificate of registration, §
											20:50:02:07.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:50 - Optometry › Chapter 20:50:07 - Minimum examination › Section 20:50:07:01 - Minimum comprehensive optometric examination

Current through Register Vol. 51, page 10, July 15, 2024
When a comprehensive examination is warranted, the minimum
				  comprehensive optometric examination shall consist of the following:
(1) Patient case history and visual
				acuity;
(2) Internal and external
				physical ocular examination;
(3)
				Objective and subjective analysis of refractive error by an optometrist that
				does not consist solely of information generated by an automated or
				internet-based testing device;
(4)
				Analysis of accommodation, convergence, and fusional ability when clinically
				necessary;
(5) Tonometry;
(6) Pupil evaluation, extraocular movement
				testing, and visual field testing (confrontation or electronic;
(7) Assessment and plan; and
(8) Where indicated by case history and
				findings produced by the current examination, any additional tests that should
				be performed to enable the optometrist to advise the patient and prescribe for
				or refer, as indicated.
A prescription for ophthalmic lenses or contact lenses may
				  not be made based solely upon the diagnosis of a refractive error of the human
				  eye as generated solely using automated equipment or internet-based
				  devices.
Failure to make or supervise the minimum comprehensive
				  examination in all cases and to keep a permanent record of it is unprofessional
				  conduct unless there are professional reasons to the contrary.
General Authority:
SDCL
					 36-7-15.
Law Implemented:
SDCL
					 36-7-1,
					 36-7-15.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:50 - Optometry › Chapter 20:50:08 - Continuing education requirements › Section 20:50:08:01 - Continuing education requirements

Current through Register Vol. 51, page 10, July 15, 2024
An optometrist must complete 45 hours of continuing education
				  as defined in SDCL
				  36-7-20.2 within each three-year
				  period after the date of initial licensure. Of the 45 hours of continuing
				  education required each cycle, 30 hours must be live, where the lecturer and
				  learner are physically present at the same location. The remaining 15
				  continuing education hours may be completed live or by selfdirected learning as
				  specified in §
									20:50:08:02.01.
Those optometrists certified to use pharmaceutical agents for
				  diagnostic or therapeutic purposes must complete five hours annually of
				  continuing pharmaceutical education in the area of diagnosis and treatment of
				  ocular disease to be eligible for renewal of certification. The five hours of
				  annual pharmaceutical education count toward the 45 hours required each three
				  years.
General Authority:
SDCL
					 36-7-15(7).
Law Implemented:
SDCL
					 36-7-20,
					 36-7-20.2.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:50 - Optometry › Chapter 20:50:08 - Continuing education requirements › Section 20:50:08:02

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-7-15(4)
Law Implemented:
SDCL
					 36-7-20.1,
					 36-7-20.2
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:50 - Optometry › Chapter 20:50:08 - Continuing education requirements › Section 20:50:08:02.01 - Limits on self-directed learning

Current through Register Vol. 51, page 10, July 15, 2024
No more than 15 hours of selfdirected learning may be
				  credited to a licensee in a three-year period to fulfill continuing education
				  requirements. The number of credit hours is limited for each self-directed
				  learning category as follows:
(1)
				Surgical/ophthalmologist observation - one hour credit for every two hours of
				observation, up to four hours credit. If the location of the observation being
				submitted for credit is the optometrist's regular office, evidence must be
				provided to the board that the subject of the observation is other than the
				optometrist's regular practice expertise. The board must be provided with
				documentation signed by the ophthalmologist evidencing the observation,
				including a summary detailing the type of observation and the educational goal
				and outcome of the observation on a form provided by the board;
(2) Video, recorded webinars, live webinars,
				and teleconferences - the board must be provided with a certificate of
				attendance indicating the learning format. In the event of an emergency or
				situation not within the control of the licensee, and for good cause shown, the
				licensee may petition the board to approve a live webinar for credit as a live
				presentation; and;
(3)
				Correspondence courses from colleges or occupational journals which must have
				self-testing.
In the event of an emergency or situation not within the
				  control of the licensee, and for good cause shown, a live stream presentation
				  may receive credit as a live presentation.
General Authority:
SDCL
					 36-7-15(7).
Law Implemented:
SDCL
					 36-7-20.2.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:50 - Optometry › Chapter 20:50:08 - Continuing education requirements › Section 20:50:08:02.02

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-7-15.1.
Law Implemented:
SDCL
					 36-7-15.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:50 - Optometry › Chapter 20:50:08 - Continuing education requirements › Section 20:50:08:02.03 - Limits on continuing education courses in practice management and patient protection and compliance issues

Current through Register Vol. 51, page 10, July 15, 2024
In a three-year period, up to eight hours of instruction in
				  the management of an optometric practice, including patient protection and
				  compliance issues, may be used to fulfill continuing education
				  requirements.
General Authority:
SDCL
					 36-7-15(7).
Law Implemented:
SDCL
					 36-7-20.2.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:50 - Optometry › Chapter 20:50:08 - Continuing education requirements › Section 20:50:08:04 - Obtaining evidence of compliance

Current through Register Vol. 51, page 10, July 15, 2024
To show compliance with educational requirements, each
				  licensee shall obtain evidence of attendance or completion from the sponsoring
				  organization for each course. Documentation must show the name of the licensee,
				  the title of the course, the COPE identification number, if applicable, the
				  date of attendance or completion of the course, the location of the course or
				  the medium used for instruction, and the hours in attendance or required for
				  completion. The evidence of compliance must accompany the licensee's
				  application for renewal of license.
General Authority:
SDCL
					 36-7-15(7).
Law Implemented:
SDCL
					 36-7-20.2.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:50 - Optometry › Chapter 20:50:09 - Petitions for rules, Superseded or repealed › Section 20:50:09:01 and 20:50:09:02 - Board action on request.Superseded

Current through Register Vol. 51, page 10, July 15, 2024
Commission Note:
SDCL
					 1-26-13 provides a statutory
					 procedure to use for petitioning an agency for amendments to its rules, thus
					 effectively superseding the above two
					 sections.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:50 - Optometry › Chapter 20:50:10 - Prescribing of contact lenses › Section 20:50:10:01 - Acts constituting prescribing of contact lenses

Current through Register Vol. 51, page 10, July 15, 2024
Any of the following shall constitute the prescribing of
				  contact lenses except when performed by or under the direction of and direct
				  physical supervision of a person licensed under SDCL 36-4:
(1) Determining whether or not a patient may
				safely and comfortably wear contact lenses;
(2) Evaluating the physical fit of a contact
				lens through use of a "black light" and fluorescein or any similar
				substance;
(3) Evaluating the
				physical fit of a contact lens through the use of a biomicroscope or a similar
				instrument with magnification qualities;
(4) Using a phoropter, hand-held lens, or any
				automated instrument for the purpose of determining the prescription or change
				in prescription necessary in a contact lens;
(5) Using a spectacle prescription or a
				prescription determined through the use of a vertometer, or its equivalent, on
				a pair of spectacles as a basis for designing, manufacturing, or duplicating a
				new contact lens;
(6) Prescribing a
				schedule of time for wearing of contact lenses for a patient;
(7) Measuring and evaluating the curvature of
				the cornea through any means by any instrument including photographic,
				mechanical, or reflected light methods; and
(8) Determining the type and design of
				contact lenses and care procedure for the wearing of contact lenses.
General Authority:
SDCL
					 36-7-15.
Law Implemented:
SDCL
					 36-7-1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:50 - Optometry › Chapter 20:50:10 - Prescribing of contact lenses › Section 20:50:10:02 - Provision of contact lens prescription

Current through Register Vol. 51, page 10, July 15, 2024
A person licensed under SDCL chapter 36-7 may not issue a
				  validated contact lens prescription until a licensed optometrist has completed
				  follow-up evaluation of the contact lens design on the patient's eye to assure
				  the compatibility of the lens to the eye and the patient's ocular
				  health.
After the completion of the follow-up evaluation by the
				  licensed optometrist, the prescribing optometrist shall provide a copy of the
				  validated prescription in compliance with state and federal law. The
				  optometrist shall clearly state the expiration date on the prescription.
If a patient refuses to permit the prescribing optometrist to
				  complete a follow-up evaluation, the prescribing optometrist shall deliver a
				  nonvalidated prescription to the patient that includes a statement that the
				  prescription cannot be validated without follow-up
				  evaluation.
General Authority:
SDCL
					 36-7-15(2).
Law Implemented:
SDCL
					 36-7-1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:50 - Optometry › Chapter 20:50:10 - Prescribing of contact lenses › Section 20:50:10:03 - Expiration of contact lens prescription

Current through Register Vol. 51, page 10, July 15, 2024
A contact lens prescription expires:
(1) Not less than one year after the issue
				date of the prescription; or
(2) On
				the date specified by the prescriber, based upon the medical judgment of the
				prescriber with respect to the ocular health of the patient.
If a prescription expires in less than one year, the
				  prescriber shall document the reasons for that expiration date in the patient's
				  medical record. No prescriber may specify a prescription expiration date that
				  is earlier than the date on which a reexamination of the patient is medically
				  necessary.
General Authority:
SDCL
					 36-7-15(2).
Law Implemented:
SDCL
					 36-7-1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:50 - Optometry › Chapter 20:50:11 - Corporate practice › Section 20:50:11:01 - Application for registration

Current through Register Vol. 51, page 10, July 15, 2024
Initial applications for registration for professional
				  corporations shall include the following:
(1) Name and address of the
				corporation;
(2) A copy of its
				certificate of incorporation;
(3) A
				copy of its articles of incorporation;
(4) A copy of the minutes of its
				organizational meeting;
(5) A copy
				of the corporation's insurance binder;
(6) A registration fee of $50; and
(7) A sworn statement from the president of
				the corporation stating that the corporation will not hold itself out to the
				public as possessing any skills or expertise not possessed by optometrists in
				noncorporate practice.
General Authority:
SDCL
					 47-11B-23.
Law Implemented:
SDCL
					 47-11B-8,
					 47-11B-9,
					 47-11B-18.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:50 - Optometry › Chapter 20:50:11 - Corporate practice › Section 20:50:11:02 - Professional corporation - Admitting shareholder

Current through Register Vol. 51, page 10, July 15, 2024
No later than 30 days after a change in membership or
				  shareholders, the corporation shall notify the board in writing of the change,
				  indicating the identity, licensure status, and residence address of any new
				  shareholder or member.
General Authority:
SDCL
					 47-11B-23
Law Implemented:
SDCL
					 47-11B-3.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:50 - Optometry › Chapter 20:50:11 - Corporate practice › Section 20:50:11:03 - Renewal of certificate of registration

Current through Register Vol. 51, page 10, July 15, 2024
Each registered corporation shall submit to the board by
				  December 1 of each year an application for renewal of its certificate of
				  registration. The application fee as required by SDCL
				  47-11B-13 shall accompany the
				  application.
General Authority:
SDCL
					 47-11B-23.
Law Implemented:
SDCL
					 47-11B-13.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:50 - Optometry › Chapter 20:50:12 - Complaint investigation › Section 20:50:12:01 - Complaints

Current through Register Vol. 51, page 10, July 15, 2024
Upon receipt of a written complaint, the board may initiate
				  an investigation pursuant to SDCL chapter 36-1 C. Any person filing a complaint
				  shall submit the complaint in writing to the executive secretary, on a form
				  provided by the executive secretary. A complaint is not a public record. An
				  investigation may also be initiated upon receipt by the executive secretary of
				  information sufficient to create a reasonable suspicion that a licensee is in
				  violation of any applicable standard for professional conduct, or that the
				  health or welfare of the public is endangered.
General Authority:
SDCL
					 36-7-15(2).
Law Implemented:
SDCL
					 36-7-24,
					 36-7-25,
					 36-7-26,
					 47-11B-7,
					 47-11B-14,
					 47-41B-15.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:50 - Optometry › Chapter 20:50:12 - Complaint investigation › Section 20:50:12:02 - Investigations

Current through Register Vol. 51, page 10, July 15, 2024
If the complaint alleges a violation of a matter within the
				  board's authority or compliance with licensing standards and requirements, the
				  executive secretary shall promptly investigate the complaint or provide the
				  complaint to the board investigator for investigation pursuant to SDCL chapter
				  36-1 C. The executive secretary shall give written notice to the license,
				  permit, or certificate holder of the complaint, along with a statement that the
				  licensee is entitled to due process rights, including the right to notice and
				  an opportunity to be heard and to be represented by counsel. The licensee shall
				  provide a written response to the complaint, which the licensee must provide to
				  the executive secretary within twenty days of receipt of the request, and will
				  be notified that a copy of that response may be provided to the complainant.
				  Upon completion of a complaint investigation, the investigator shall prepare a
				  report to present to the executive secretary of the investigator's findings and
				  conclusions for review. Upon review of the investigator's report, the executive
				  secretary may direct further investigation of the matter.
General Authority:
SDCL
					 36-7-15(2).
Law Implemented:
SDCL
					 36-7-24,
					 36-7-25,
					 36-7-26,
					 47-11B-7,
					 47-11B-14,
					 47-11B-15.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:50 - Optometry › Chapter 20:50:12 - Complaint investigation › Section 20:50:12:03 - Completion of complaint investigation

Current through Register Vol. 51, page 10, July 15, 2024
Upon completion of a complaint investigation, the following
				  sanctions may be imposed after a determination by the board that a violation
				  exists:
(1) A letter of concern, which
				shall be placed in the licensee's permanent records; a letter of concern is not
				a public record;
(2) Formal
				reprimand;
(3) Require that the
				licensee comply with specified terms and conditions;
(4) Probation of license to practice
				optometry in the state of South Dakota;
(5) Suspension of license to practice
				optometry in the state of South Dakota;
(6) Revocation of license to practice
				optometry in the state of South Dakota; or
(7) Restitution and payment of all costs and
				expenses of the investigation and proceedings, including attorney fees.
If the licensee disputes the determination, a contested case
				  hearing shall be held pursuant to SDCL chapters 1-26 and 36-1 C. Pursuant to
				  SDCL 1-26-20, informal disposition may
				  be made by stipulation, agreed settlement, consent order, or default. A final
				  action taken in disposition of a complaint matter is public unless otherwise
				  provided for by law.
General Authority:
SDCL
					 36-7-15(2).
Law Implemented:
SDCL
					 36-7-24,
					 36-7-25,
					 36-7-26,
					 47-11B-7,
					 47-11B-14,
					 47-11B-15.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:50 - Optometry › Chapter 20:50:12 - Complaint investigation › Section 20:50:12:04 - Status of complainant

Current through Register Vol. 51, page 10, July 15, 2024
The complainant is not a party to any contested case hearing
				  resulting from the investigation of a complaint, although the complainant may
				  be called as a witness in the hearing. A complainant shall be notified of any
				  public final action taken by the board as a result of a
				  complaint.
General Authority:
SDCL
					 36-7-15(2).
Law Implemented:
SDCL
					 36-7-24,
					 36-7-25,
					 36-7-26,
					 47-11B-7,
					 47-11B-14,
					 47-11B-15.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:50 - Optometry › Chapter 20:50:12 - Complaint investigation › Section 20:50:12:05 - Failure to renew during investigation

Current through Register Vol. 51, page 10, July 15, 2024
An optometrist may choose not to renew the license after a
				  complaint has been initiated. A failure to renew after the licensee has been
				  notified that an investigation has been initiated shall be reported as
				  "withdrawn under investigation" in the board's permanent license file and in
				  any national databases to which the board is required to report licensure
				  action.
General Authority:
SDCL
					 36-7-15(2).
Law Implemented:
SDCL
					 36-7-24,
					 36-7-25,
					 36-7-26,
					 47-11B-7,
					 47-11B-14,
					 47-11B-15.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:50 - Optometry › Chapter 20:50:12 - Complaint investigation › Section 20:50:12:06 - Costs of disciplinary actions

Current through Register Vol. 51, page 10, July 15, 2024
The board may assess against a licensee or applicant all or
				  part of its expenses, including investigator and attorney fees, associated with
				  a contested case proceeding which results in discipline action. If assessing
				  such expenses, a statement of expenses shall be presented to the board or
				  hearing examiner at the time proposed findings of fact and conclusions of law
				  are submitted.
General Authority:
SDCL
					 36-7-15(2).
Law Implemented:
SDCL
					 1-26-29.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:51 - PHARMACISTS › Chapter 20:51:01 - Registration by examination › Section 20:51:01:01 - Application for registration

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for registration as a pharmacist by examination
				  shall apply to the board and provide all requested information on or with the
				  application.
General Authority:
SDCL
					 36-11-11(1).
Law Implemented:
SDCL
					 36-11-15,
					 36-11-16,
					 36-11-18.
Examination, §
											20:51:01:04.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:51 - PHARMACISTS › Chapter 20:51:01 - Registration by examination › Section 20:51:01:02 - Experience required

Current through Register Vol. 51, page 10, July 15, 2024
An applicant meeting the requirements of SDCL
				  36-11-16 for a certificate of
				  registration as a licentiate in pharmacy and who is examined after December 31,
				  2009, must have completed a pharmacy practice experience program which meets or
				  exceeds the minimum pharmacy practice experience requirements of the board as
				  defined in chapter 20:51:02.
General Authority:
SDCL
					 36-11-11(1).
Law Implemented:
SDCL
					 36-11-16.
Goals and objectives of internship, §
											20:51:02:01.01.
Required hours, §
											20:51:02:13.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:51 - PHARMACISTS › Chapter 20:51:01 - Registration by examination › Section 20:51:01:03 - Application requirements

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for registration by examination shall present
				  the following to the board with the application:
(1) The application fee of thirty-five
				dollars;
(2) A photo of the
				applicant;
(3) A list of the
				applicant's practical experience;
(4) A transcript showing graduation from a
				college of pharmacy approved by the American Council on Pharmaceutical
				Education;
(5) A government-issued
				form of photo identification; and
(6) A criminal background check.
General Authority:
SDCL
					 36-11-11(1),
					 36-11-17.
Law Implemented:
SDCL
					 36-11-16,
					 36-11-16.1,
					 36-11-17.
Examination, §
											20:51:01:04.
Approved colleges of pharmacy, §
											20:51:01:09.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:51 - PHARMACISTS › Chapter 20:51:01 - Registration by examination › Section 20:51:01:04 - Examination

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for registration by examination shall
				  successfully complete the North American Pharmacist Licensure Examination
				  (NAPLEX) and the Multistate Jurisprudence Examination (MPJE), South Dakota
				  edition. A total scaled score of not less than 75 is required to pass each
				  examination.
General Authority:
SDCL
					 36-11-11(1).
Law Implemented:
SDCL
					 36-11-16,
					 36-11-18.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:51 - PHARMACISTS › Chapter 20:51:01 - Registration by examination › Section 20:51:01:09 - Approved colleges of pharmacy. Repealed

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-11-11(1).
Law Implemented:
SDCL
					 36-11-16.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:51 - PHARMACISTS › Chapter 20:51:01 - Registration by examination › Section 20:51:01:10 - Application requirements for graduates from colleges of pharmacy located outside the United States

Current through Register Vol. 51, page 10, July 15, 2024
Any applicant who is a graduate of a school or college of
				  pharmacy located outside of the United States must submit the Foreign Pharmacy
				  Graduate Examination Committee (FPGEC) certification awarded by the National
				  Association of Boards of Pharmacy (NABP). The FPGEC certification includes the
				  Test of English as a Foreign Language (TOEFL) and the Test of Spoken English
				  (TSE), or the Internet-based TOEFL iBT as a prerequisite to taking the
				  licensure examinations.
A foreign pharmacy graduate applicant shall also be required
				  to obtain internship experience in one or more board-licensed community or
				  hospital pharmacies.
General Authority:
SDCL
					 36-11-11(1).
Law Implemented:
SDCL
					 36-11-16,
					 36-11-18.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:51 - PHARMACISTS › Chapter 20:51:01 - Registration by examination › Section 20:51:01:11 - North American Pharmacist Licensure Examination score transfer

Current through Register Vol. 51, page 10, July 15, 2024
An applicant meeting the requirements of this chapter who has
				  taken the North American Pharmacist Licensure Examination in another state may
				  transfer scores through the National Association of Boards of Pharmacy. To be
				  eligible for licensure, an applicant must complete the requirements of §
									20:51:01:03 and receive a passing
				  grade in the Multistate Pharmacy Jurisprudence Examination, South Dakota
				  edition, within one year from the date the scores are transferred by the
				  National Association of Boards of Pharmacy to the board.
General Authority:
SDCL
					 36-11-11(1).
Law Implemented:
SDCL
					 36-11-16,
					 36-11-18.
Examination, §
											20:51:01:04.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:51 - PHARMACISTS › Chapter 20:51:01 - Registration by examination › Section 20:51:01:12 - Registration fee nonrefundable. Repealed

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-11-11(1).
Law Implemented:
SDCL
					 36-11-16,
					 36-11-18.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:51 - PHARMACISTS › Chapter 20:51:02 - Internship requirements › Section 20:51:02:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms defined in SDCL
				  36-11-2 have the same meaning in
				  this chapter. As used in this chapter, "pharmacy intern" means:
(1) A person who is registered by the board
				to engage in the practice of pharmacy while under the supervision of a
				pharmacist, enrolled in an Accreditation Council for Pharmacy Education (ACPE)
				accredited school or college of pharmacy, and progressing toward meeting the
				requirements for licensure as a pharmacist;
(2) A graduate of an ACPE approved
				professional degree program of a school or college of pharmacy or a graduate
				who has established educational equivalency by obtaining a Foreign Pharmacy
				Graduate Examination Committee Certificate, who is currently registered by the
				board for the purpose of obtaining practical experience as a requirement for
				licensure as a pharmacist;
(3) A
				qualified applicant awaiting examination for pharmacist licensure or meeting
				board requirements for re-licensing; or
(4) A qualified applicant participating in a
				pharmacy residency or fellowship program.
General Authority:
SDCL
					 36-11-11(1),
					 36-11-25.
Law Implemented:
SDCL
					 36-11-25.
Approved colleges of pharmacy, §
											20:51:01:09.