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OPTOMETRY LAWS OF OKLAHOMA
Section 601. Appropriation59 O.S. 601-606 FINANCES - APPOINTMENTS - POST-GRADUATE WORK (Top of Page) There is hereby appropriated to the Board of Examiners in Optometry from the moneys which will accrue to the Optometry Board fund of the State of Oklahoma, for each fiscal year hereafter, a sum equal to ninety per cent (90%) of such accruals. Section 602. Expenses for Operation of Board (Top of Page) Said appropriations herein made shall be used by the Board of Examiners in Optometry for the necessary expenses of operation of said board during the fiscal years set out in Section 1 of this Act, including expenses for personnel services, salary of Secretary-Treasurer of the Board, per diem of members of the Board of Examiners, and all the expenses of the maintenance and operation deemed reasonably necessary or desirable in the operation of the business of said Board. Section 603. Appointments and Salaries (Top of Page) The Board of Examiners in Optometry shall create positions, make the appointment, and unless otherwise provided by act of the Legislature, shall fix the salary of officials, attorneys and other employees necessary to perform the duties imposed upon the Board of Examiners in Optometry by law, payable from the appropriations made by this act for such services provided in Section 2. Section 604. Attendance on Educational or Postgraduate Program (Top of Page) Every person holding a license to practice optometry in this state shall be required to present to the Board of Examiners in Optometry, not later than the thirtieth day of June of each year, satisfactory evidence that during the preceding twelve (12) months said person attended not less than two (2) days of a total of at least 12 hours of educational or postgraduate programs approved by said Board, or that said person was prevented, because of sickness or any other reason acceptable to the Board, from attending said educational or postgraduate program. The filing of proof of attendance at educational programs or clinics shall be a condition precedent to the issuance of a renewal license. The Board may reinstate the license of said licensee to practice optometry upon presentation of satisfactory proof of postgraduate study of a standard approved by said examiners and payment of all fees due including a late reinstatement fee not to exceed three times the annual renewal fee. Section 605. Provisions of Act Cumulative (Top of Page) The provisions of this act shall be cumulative to other laws. Section 606. Invalidity Clause. (Top of Page) If any of the provisions hereof are adjudged to be unconstitutional or invalid, such adjudication shall not affect the validity or constitutionality of any of the other provisions hereof. Section 646.1. Definitions. (Top of Page) As used in this act: 1. "Assessment mechanism": a. means automated or virtual equipment, application or technology designed to be used on a telephone, a computer or an Internet-based device that may be used either in person or remotely to conduct an eye assessment, and b. includes artificial intelligence devices and any equipment, electronic or nonelectronic, that is used to perform an eye assessment; 2. "Contact lens" means any lens placed directly on the surface of the eye, regardless of whether or not it is intended to correct a visual defect, including any cosmetic, therapeutic or corrective lens; 3. "Eye assessment" means an assessment of the ocular health and/or visual refractive status of a patient that may include but is not limited to objective refractive data or information generated by an automated testing device, including an autorefractor or Internet-based assessment method, in order to establish a medical diagnosis or refractive diagnosis for the correction of vision disorders; 4. "Person" means an individual, corporation, trust, partnership, incorporated or unincorporated association and any other legal entity; 5. "Prescription" means a handwritten or electronic order issued by a Oklahoma-licensed optometrist, or an oral order issued directly by an Oklahoma-licensed optometrists; 6. "Seller" means an individual or entity that sells contact lenses or visual aid glasses and dispenses them to Oklahoma residents in any manner; and 7. "Visual aid glasses": a. means eyeglasses, spectacles or lenses designed or used to correct visual defects, including spectacles that may be adjusted by the wearer to achieve different types or levels of visual correction or enhancement, and b. does not include optical instruments or devices that are: (1) not intended to correct or enhance vision, (2) sold without consideration of the visual status of the individual who will use the optical instrument or device, including sunglasses that are designed and used solely to filter out light, or (3) completely assembled eyeglasses or spectacles designed and used solely to magnify. Section 646.2. Assessment Mechanisms-Duties-Disclosure-Standard of Care-Non-Limitations. (Top of Page) A. An assessment mechanism to conduct an eye assessment or to generate a prescription for contact lenses or visual aid glasses to a patient in Oklahoma shall: 1. Provide synchronous or asynchronous interaction between the patient and the Oklahoma-licensed optometrist; 2. Collect the patient's medical history, previous prescription for corrective eyewear and length of time since the patient's most recent in-person comprehensive eye health examination; 3. Provide any applicable accommodation required by the federal Americans with Disabilities Act, 42 U.S.C. Sec. 12101 et seq., as amended; 4. Gather and transmit protected health information in compliance with the federal Health Insurance Portability and Accountability Act of 1996, as amended; 5. Be used to perform a procedure with a recognized Current Procedural Terminology code maintained by the American Medical Association, if applicable; and 6. Maintain liability insurance, through its owner or lessee, in an amount adequate to cover claims made by individuals examined, diagnosed, or treated based on information and data, including any photographs, and scans, and other digital data generated by the assessment mechanism. B. An Oklahoma-licensed optometrist shall: 1. Read and interpret the diagnostic information and data, including any photographs and scans, gathered by the assessment mechanism; 2. Verify the identity of the patient requesting treatment via the assessment mechanism; 3. Create and maintain a medical record for each patient, which is for use during the ongoing treatment of a patient and complies with all state and federal laws regarding maintenance and accessibility and is HIPAA-compliant; and 4. Provide a handwritten or electronic signature, along with their Oklahoma state license number, certifying their diagnosis, evaluation, treatment of the patient, and prescription or consultation recommendations for the patient. C. Prior to using an assessment mechanism, each Oklahoma patient shall be provided with and shall accept as a term of use a disclosure that includes the following information: 1. This assessment is not a replacement for an in-person comprehensive eye health examination; 2. This assessment cannot be used to generate an initial prescription for contact lenses or a follow-up or first renewal of the initial prescription; 3. This assessment may only be used if the patient has had an in-person comprehensive eye health examination within the previous twenty-four (24) months if the patient is conducting an eye assessment or receiving a prescription for visual aid glasses; and 4. The United States Centers for Disease Control and Prevention (CDC) advises contact lens wearers to be examined by an eye doctor one time a year or more often if needed. D. Evaluation, treatment and consultation recommendations by an Oklahoma-licensed optometrist utilizing an assessment mechanism as required in this section, including issuing a prescription via electronic means, shall be held to the same standards of appropriate practice guidelines and standard of care as those in traditional in-person clinical settings. E. This section shall not: 1. Limit the discretion of an Oklahoma-licensed optometrist to direct a patient to utilize any telehealth service deemed appropriate for any treatment and care of the patient; 2. Limit the sharing of patient information, in whatever form, between an optometrist; or 3. Apply beyond ocular health and eye care. Section 646.3. Prescriptions for Contact Lenses and Visual Aid Glasses-Required Inclusions. (Top of Page) A. A contact lens prescription shall include the following: 1. The ophthalmic information necessary to accurately fabricate or dispense the lenses, including the lens manufacturer, lens series/brand name and the lens material, if applicable; 2. Power and base curve; 3. Name, license number, telephone number and, for written orders, the signature of the prescribing optometrist; 4. Patient's name and address, expiration date of the prescription and number of refills or lenses permitted; and 5. The date of issuance. B. A contact lens prescription may also include the diameter, axis, add power, cylinder, peripheral curve, optical zone and center thickness. C. A prescription for visual aid glasses shall include the following: 1. The name, license number, telephone number and, for written orders, the signature of the prescribing optometrist; 2. The patient's name; 3. The date of issuance; and 4. The value of all parameters the Oklahoma-licensed optometrist has deemed necessary to dispense corrective lenses appropriate for a patient. D. An Oklahoma-licensed optometrist shall not refuse to release a prescription for contact lenses or visual aid glasses to a patient. Section 646.4. Prescriptions for Contact Lenses-Expiration Dates. (Top of Page) Unless a health-related reason for the limitation is noted in the patient's medical records, contact lens prescriptions shall not have an expiration date of less than twelve (12) months from the date the prescription is authorized or the last date of the contact lens evaluation by an Oklahoma-licensed optometrist, whichever date is later. In no event shall a contact lens prescription be valid twelve (12) months after the date of authorization by an Oklahoma-licensed optometrist. Section 646.5. Verification of CL Prescription-Methos and Protocol-Limitations. (Top of Page) A. All contact lens sellers authorized in accordance to dispense contact lenses in this state shall verify the contact lens prescription by the following: 1. Receipt of a written or faxed valid contact lens prescription signed by the prescribing optometrist; or 2. An electronic or oral affirmative communication of the complete contact lens prescription from the prescribing optometrist. B. If a contact lens seller authorized to dispense contact lenses in this state finds it necessary to contact the prescribing optometrist via telephone in order to verify a contact lens prescription, the following protocols shall be followed: 1. Calls shall be made during regular business hours, which for purposes of this act shall be defined as Monday through Friday during the hours of 9:00 a.m. and 5:00 p.m. Central Standard Time excluding federal holidays; 2. Any verification requests shall include the name, address and telephone number of the patient; 3. The toll-free telephone number shall be included in voice mail or messages left on answering machines; 4. Contact lens prescriptions shall not be mailed, sent, delivered or dispensed before verification by the optometrist; 5. Touch-tone telephone options offered by a contact lens seller or any person authorized to dispense contact lenses in this state shall not constitute verification; 6. Response-time options stated by a contact lens seller or any person authorized to dispense contact lenses in this state shall not constitute verification; and 7. Calls shall comply with federal statutes. C. In the absence of a prescription as defined and described in Section 10 of this act, it shall be a violation of this act to dispense contact lenses through the mail or otherwise to an Oklahoma resident. Section 646.6. Responsibility for Accuracy in Dispensing of CL or Visual Aid Glasses. (Top of Page) A. Any seller or any person authorized to dispense contact lenses or visual aid glasses in this state who fills a prescription bears the full responsibility for the accurate dispensing of the contact lenses or visual aid glasses provided under the prescription. At no time shall any changes or substitutions be made, including brand, type of lenses or ophthalmic parameters, without the direction of the optometrist who issued the contact lens or visual aid glasses prescription. B. The optometrist shall not be liable for any damages for injury resulting from the packaging or manufacturing of the contact lenses or visual aid glasses. Section 646.7. Contact Lens fitting-Requirements for Completion. (Top of Page) A contact lens fitting shall be complete and a contact lens prescription may be written when: 1. The optometrist has completed all measurements, tests and examinations necessary to satisfy his or her professional judgment that the patient is a viable candidate to wear contact lenses, recognizing that more than one visit between the patient and the optometrist may be required; and 2. Contact lenses suitable for the patient's eyes have been evaluated and fitted by the optometrist to the patient's eyes and the optometrist is satisfied with the fitting based on ocular health and the visual needs of the patient. The patient shall be entitled to receive a copy of the contact lens prescription with the appropriate number of lenses to fulfill the prescription until its expiration date. |