(1) The Board of Optometry adopts and incorporates the organizational rules of the department of labor and industry as listed in Chapter 1 of this title.

(1) The Board of Optometry adopts and incorporates the procedural rules of the department of labor and industry as listed in Chapter 2 of this title.

(1) The Board of Optometry adopts and incorporates the public participation rules of the Department of Labor and Industry as listed in chapter 2 of this title. 

This rule has been repealed.

For the purposes of this chapter, the following definitions apply:

(1) "ACOE" means the Accreditation Council on Optometry Education of the American Optometric Association.

(2) "ARBO" means the Association of Regulatory Boards of Optometry.

(3) "Anterior segment of the eye" means that part of the eye anterior to the vitreous face.

(4) "Asynchronous," as distinct from "synchronous," refers to non-live training.

(5) "NBEO" means the National Board of Examiners in Optometry.

(6) "TMOD" means the Treatment and Management of Ocular Disease multiple choice examination administered by NBEO.

(7) "TPA" means certification by the board in therapeutic pharmaceutical agents.

(1) Application fee $175

(2) Annual renewal 175

(3) Endorsement fee 125

(4) TPA certificate application fee 75

(5) Additional standardized fees are specified in ARM 24.101.403.

(1) All applicants for licensure shall submit a completed application.

(2) The application material must include the following:

(a) verification of successful passage of all parts of the national optometry examination administered by the NBEO with scores sent directly from the examination agency;

(b) verification of passage of the TMOD examination;

(c) verification of graduation with a transcript sent directly from the college, university, or institution approved by the ACOE, and recognized by ARBO, in which the practice and science of optometry is taught;

(d) license verifications from all states where a licensee has held or holds a license;

(e) a copy of a self-query of the National Practitioner Data Bank;

(f) the appropriate fee; and

(g) any other information the board may require.

(3) Applicants actively licensed in another state, but not meeting the qualifications of (2)(a), (b), or (c), must pay an endorsement fee and shall be reviewed by the board on a case-by-case basis.

(4) Applicants shall read and understand the statutes and rules of the board for compliance with their profession.

(5) Proof of an applicant's familiarity with the board statutes and rules is evidenced by attestation on the application.

(1) The Board of Optometry adopts and incorporates by reference the fee abatement rule of the Department of Labor and Industry found at ARM 24.101.301.

This rule has been repealed.

This rule has been repealed.

(1) For the purpose of processing nonroutine applications, the board incorporates the definitions of routine and nonroutine at ARM 24.101.402 by reference. 

(2) Nonroutine applications must be reviewed and approved by the board before a license may be issued.

This rule has been repealed.

(1) The board incorporates ARM 24.101.406 by reference with no modifications.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(1) The board hereby approves the following drugs for the use in ocular treatment limited to the anterior segment of the eye and adnexa:

(a) anti-infective agents, including:

(i) antibiotic;

(ii) antiviral;

(iii) antifungal; and

(iv) antiparasitic;

(b) autoimmune agents, including:

(i) antiallergy;

(ii) antihistamines;

(iii) decongestants;

(iv) mast cell stabilizers; and

(v) antianaphylaxis;

(c) analgesics;

(d) anti-inflammatory agents;

(e) antiglaucoma agents;

(f) hyperosmotic agents;

(g) autonomic agents; and

(h) over the counter agents.

(1) Licensed optometrists shall complete 36 hours of approved continuing education (CE) every two years:

(a) Up to 12 hours of asynchronous approved CE courses may be counted toward the CE requirement.

(b) Up to 4 hours of practice management approved CE may be counted toward the CE requirement.

(c) The board does not limit or restrict online approved synchronous CE courses.

(2) The following are exceptions to CE requirements: 

(a) A person who graduates from an accredited school of optometry and becomes a licensee within one year of graduation is excused from the CE requirement during the first applicable CE cycle.

(b) A licensee who is enrolled in a residency program accredited by the ACOE is excused from the CE requirement while the licensee is in the residency program and during the first applicable CE cycle.

(3) The department is authorized to audit CE requirements and shall determine the percentage to audit based on a statistically relevant sampling of the total number of licensees and the compliance rate of past audits.  Audits will be conducted in odd-numbered years.

(1) Continuing education consists of educational activities designed to:

(a) review existing concepts and techniques;

(b) convey information beyond the basic professional education; and

(c) update knowledge on the practice of and advances in optometry.

(2) Approved CE includes courses:

(a) affiliated with national, regional, or state optometric associations, academies, or colleges of optometry;

(b) approved by the ARBO's Council on Optometric Practitioner Education (COPE);

(c) accredited by the Accreditation Council for Continuing Medical Education (ACCME); or

(d) of the American Board of Optometry Continuous Assessment Program.

This rule has been repealed.

(1) It is unprofessional conduct for a licensee or applicant to violate any statute, rule, or standard of care governing their scope of practice, or exceeding the scope of practice for which they are licensed, trained, and educated to perform. The following additionally constitutes unprofessional conduct by licensees or license applicants:

(a) commission of any act of sexual abuse, misconduct, or exploitation whether or not it is related to the licensee's practice of optometry;

(b) allowing one's professional conduct or judgment in the practice of optometry to be directed, managed, or controlled by a person who is not an optometrist or a medical doctor in Montana;

(c) prescribing, selling, administering, distributing, or giving any drug legally classified as a controlled substance or as an addictive or dangerous drug for other than accepted diagnostic or therapeutic purposes or to oneself or a family member;

(d) violating any state or federal law or regulation relating to a drug legally classified as a controlled substance;

(e) obtaining any fee by fraud, deceit, or misrepresentation;

(f) sanctions or disciplinary actions taken by a peer review body, a hospital or other health care institution, or a professional association or society for acts or conduct similar to acts or conduct that would constitute grounds for action as defined in Title 37, chapters 1 and 10, MCA, and administrative rules promulgated thereunder;

(g) surrender of a license or authorization to practice optometry in another state or jurisdiction, or surrender of membership on any staff or in any professional association or society while under disciplinary investigation by any of those authorities or bodies for acts or conduct similar to acts or conduct that would constitute grounds for action as defined in Title 37, chapters 1 and 10, MCA, and administrative rules promulgated thereunder;

(h) failure to respond to board inquiry or furnish information requested by the board, department investigators, or board representatives;

(i) violation of any provision(s) of Title 37, chapter 10, MCA, or the rules and regulations of the board or of an action, stipulation, or agreement of the board;

(j) the designation of any person licensed under Title 37, chapter 10, MCA, other than by the terms "Optometrist," "Doctor of Optometry," or "O.D.";

(k) selling or offering to sell any eyeglasses or lenses for the correction of refractive error, except for over-the-counter readers between the powers of +.75 dioptors to +5.50 dioptors, except on prescription of a licensed optometrist or licensed physician;

(l) providing ophthalmic lenses and materials that do not meet federally established impact resistance standards;

(m) persistently maintaining, in the practice of optometry, unsanitary offices, practices, or techniques; or

(n) failing to maintain or permit patient access to accurate patient records for at least five years from the last time the patient was treated. 

(1) The board authorizes the department to: 

(a) administratively suspend licenses for deficiencies set forth in 37-1-321(1)(a) though (e), MCA; or 

(b) file a complaint pertaining to the deficiencies in (1) that are based on repeated or egregious conduct, or that have co-occurring misconduct allegations that directly implicate public safety and may warrant formal disciplinary action.

(2) An administrative suspension is not a negative, adverse, or disciplinary action under Title 37, MCA, and is not reportable under federal law and regulations implementing the Healthcare Practitioner Databank or the department's licensee lookup and license verification databank.

This rule has been repealed.

This rule has been repealed.