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OPTOMETRY LAWS OF OKLAHOMA
Title 505: 1-5-1 Opportunity for HearingSUBCHAPTER 5. RULEMAKING AND DECLARATORY RULINGS PART 1 (Top of Page) Prior to the adoption, amendment, or repeal of any rule, the Board affords any interested person a reasonable opportunity to submit data, views, or arguments, orally or in writing to the Board concerning the proposed action on the rule. Should the proposed action on a rule affect ones substantive rights, the opportunity for an oral hearing will be granted if requested in writing by at least twenty-five (25) members, if no substantive rights are involved, the opportunity for oral argument or views is within the discretion of the Board. Title 505:1-5-2 Petition for Rulemaking (Top of Page) a) Any interested person may petition the Board requesting promulgation, amendment, or repeal of a rule. The petition shall be filed with the Executive Director of the Board and shall set forth in writing, clearly and concisely, all matters pertaining to the requested action and the reasons for the request. The request should, also, state whether there is someone, known to the petitioner, who is concerned with the subject and should be notified of the hearing. b) The Board at its next regularly scheduled meeting or at a special meeting specified in the notice will hear the petition and notify the petitioner of the ruling within twenty (20) days after the decision. In either event, a hearing on said petition shall be held within sixty (60) days after received in proper form by the Executive Director. For just cause, the Board may postpone the discussion and ruling on the petition until a subsequent meeting and all parties shall be notified of the postponement, if necessary. Title 505:1-5-3 Notice (Top of Page) In any rulemaking action initiated by petition, at least twenty (20) days notice shall be given to the party filing the petition for rulemaking that his or her request will be heard by the Board. The notice shall state the time and place, and the manner in which interested persons may present their views. Should the Board decide to proceed with rulemaking, it shall comply with the terms of the Administrative Procedures Act to do so. Title 505:1-5-4 Rulemaking hearing (Top of Page) a) A rulemaking hearing before the Board shall be informal, but in an orderly manner. The attendance of witnesses and production of records may be required in accordance with 505:1-7-13 (a). b) Minutes shall be kept of the official meetings of the Board. Transcripts of all matters pertaining to rulemaking shall be open for public inspection at the office of the Board of Examiners in Optometry. Title 505:1-5-5 Effective Date (Top of Page) Each rule adopted shall be effective twenty (20) days after filing, unless a later date is required by statute or specified in the rule, or unless the rule is adopted as an emergency rule. Title 505:1-5-6 Emergency Rules (Top of Page) a) Emergency rules may be adopted by the Board without the prescribed notice and hearing if the Board, stating in writing its reasons, finds that imminent peril to the public health, safety, or welfare requires this shortened procedure. However, the sufficiency of the reasons is subject to judicial review. b) Emergency rules become effective immediately upon filing with the State Officials, as required by law, or at any stated date thereafter, less than twenty (20) days. It may continue for not longer than one hundred twenty (120) days, but the Board may adopt an identical rule under the general rulemaking procedures prescribed in Rules 505:1-5-1 through 505:1-5-5. c) The Board shall distribute a copy of the emergency rules to those persons who have requested to be notified of the rulemaking activities, and shall take other appropriate measures, where reasonable and practical, to notify other persons who may be affected by the rule. Title 505:1-5-7 Request for declaratory ruling (Top of Page) Any person affected by any rule or order promulgated or issued by the Board, or wishing to determine the validity or applicability of a Board rule, or one of its authorized agents may request in writing to the Board an interpretation or declaratory ruling regarding the application of such a rule or order to the facts furnished with the request. 1) Filing and contents of petition. The petition shall be styled similarly to an ex parte petition filed in a court of law in this State, and shall be filed with the Executive Director of the Board in triplicate. It shall state fully, clearly and concisely the rule or order involved or affected, and state the facts giving rise to the need for such ruling, giving all pertinent data necessary for consideration. 2) Consideration of petition by Board; refusal to issue ruling. A) The Petition will be considered preliminarily at the next regular meeting of the Board or at a special meeting called to hear the petition, but in either event, a hearing shall be held on said petition within ninety (90) days after received by the Executive Director, and the petitioner shall be notified promptly of the date by the Executive Director, and shall be entitled to be present in person or represented by counsel. At this meeting the Board shall determine whether or not to issue a ruling or to continue the matter for hearing upon the petition. The Board may refuse to entertain a petition for a declaratory ruling if it determines: i) that the facts stated in the petition do not afford an adequate basis therefore, or ii) that the experience under the rule or order is not adequate to enable it to make an effective or proper ruling, or iii) that the request is premature, or iv) that the request is one that should be handled through rule-making procedure, or that there exist other conditions rendering a declaratory ruling in opportune. B) If the Board determines to entertain the petition for the declaratory ruling, it may issue the ruling at its meeting or it may continue the matter to a day certain for further consideration and for hearing of evidence and argument if necessary. C) If the applicant is not represented at the preliminary consideration, he shall be notified of the ruling if one is issued, in accordance with the rules respecting notice of orders; or, if the matter is continued, he shall be notified of the continuance in accordance with the rules respecting notice of hearings in individual proceedings. If the applicant is present or is represented at the preliminary consideration, no further notice of the subsequent hearing than announcement in open meeting is necessary; but the applicant shall receive a written copy of any ruling that is issued, as in the case of orders. 3) Request for formal hearing. A petitioner for a declaratory ruling in his petition or by written motion prior to or at the preliminary consideration may request a formal hearing at which to present evidence in support of his petition, setting forth the substance of the facts to be proved, if they do not appear in his petition. The Board thereupon will set the matters for formal hearing within sixty (60) days from the date of the preliminary consideration, and notice shall be given as prescribed in (2) of this Section. 4) Joining of other parties affected by rule. If, at any time, it appears from the papers filed or from evidence adduced that the interests of persons other than the petitioner are so affected by the requested ruling that it is improper to entertain the proceedings without hearing them, the Board may refuse to issue a declaratory ruling, or, in its discretion, it may require them to be made parties, and if the matter can be so handled consistently with the public interest and the efficiency of the Board's procedures, then in that event, notice shall be served upon them, as in individual proceedings, and the matter will be governed thereafter by the procedure applicable to individual proceedings. 5) Issuance of the ruling. If the Board, conducts a hearing upon a petition for a declaratory ruling, at the conclusion of the hearing it may issue the ruling or it may decline to do so upon any of the grounds specified in (2) and (4) of this Section or upon any other legal grounds. Title 505:1-7-1 Definitions (Top of Page) All words which are defined in 75 O.S. 1981 Sec. 301 are used in accordance with such meanings, or any other appropriate definition. Title 505:1-7-2 Filing of papers (Top of Page) All papers required by this Subchapter are to be filed with the Executive Director of the Board. Title 505:1-7-3 Initiation of petition for individual proceeding (Top of Page) An individual proceeding, may be initiated by the Board or by an individual filing a verified petition containing a brief statement, setting forth the relief requested, and the facts alleged to give rise to the right of relief, and naming the persons against whom relief is sought. Title 505:1-7-4 Notice to parties (Top of Page) As soon as possible after the filing of an individual proceeding petition, the Executive Director shall notify the persons named therein of the filing and of the date set for hearing. The notice shall contain: 1) A statement of the time, place and nature of the hearing, and of the relief demanded; 2) A brief statement, which may be in the words of the petition or in adequate condensation, of the matters asserted as grounds for relief; 3) A citation of the statutes, rules or other legal foundation for the proceeding and for the Board's jurisdiction, giving specific citation and statement of the provisions basic to the proceedings; 4) A statement that the persons notified may appear at the hearing and be heard, in person or other counsel, and that they may file such answer or other pleading as they may deem appropriate including a request for more detailed statements of the matters asserted, if this is necessary to define the issues; 5) A statement that, in the default of appearance, the relief demanded may be granted. Title 505:1-7-5 Service of notice (Top of Page) a) Methods of serving notice. All notices or other papers, service of which is required in individual proceedings shall, be served in one of the following manners; 1) Personally upon the notice, by any person appointed to make service by the Executive Director of the Board, and in any manner authorized by the law of this state for the personal service of summons in proceedings in the state courts; or 2) By certified mail, mailed by the Executive Director of the Board, or by such other person at such post office address as he may have filed with the Board, or if no such address has been filed, at the noticee's last known post office address; or b) Time notice is completed. Service of notice shall be complete upon personal service, or upon the deposit of certified mail in the post office, or upon the posting of notice, or first publication thereof, as the case may be. c) Proof of service. Proof of service of all notices, subpoenas or other documents requiring service may be made by affidavit of the party making service, specifying dates and manner of service. Such proof shall be prima facie evidence of the fact of service as stated, and the burden of proof shall be upon any person or party contesting the same to establish its invalidity. Title 505:1-7-6 Time of hearing; request for extension (Top of Page) The time set for an individual proceeding hearing shall be specified in the notice thereof. If the noticee deems that the date specified gives inadequate time for preparation for the hearing, the noticee may apply in writing for an extension, stating the time desired and the reasons for the request. The application shall be acted upon promptly by the Executive Director, and if the extension is denied, the party may renew the request and make proper showing for a continuance at the hearing. Title 505:1-7-7 Conduct of Hearing (Top of Page) a) Hearing Procedures; presiding officer. The hearing for an individual proceeding shall be conducted in an orderly manner by the Board. The order of procedure will follow generally that which obtains in civil proceedings at law. However, strictness of procedures shall not be required, the objective being that fairness and orderliness prevail to afford a full hearing which protects the rights of all concerned. The rules of evidence shall be those specified by the Oklahoma Administrative Procedures Act. The President of the Board shall be the presiding officer at the hearing or proceeding. However, in his absence the Vice-President shall serve as the presiding officer. The Board may at their discretion select a Hearing Officer to conduct any hearings. b) Assistance of Counsel of Board. The Board may seek the assistance of the Attorney General or an Assistant Attorney General, if requested and available at the time of the hearing, to sit with the Board as a law member. Nothing contained herein shall, however, prevent the Board from employing outside counsel when in the opinion of the Board it is necessary to do so in order to administer and enforce the provisions of the law governing the practice of Optometry and the Rules and Regulations promulgated thereunder. c) Testimony of Witnesses. The testimony of witnesses and documentary evidence may be admitted on behalf of any party at the hearing, subject to objections as to relevancy by the opposing party. A party may conduct cross-examination required for a full and true disclosure of the facts. d) Right of Counsel. Any party shall at all times have the right to be represented by counsel duly licensed to practice law in the State of Oklahoma. e) Administration of oaths; ruling upon Offers of Evidence. The President of the Board or any members presiding at a hearing shall administer oath or require affirmations for the purposes of the hearing. He or the Hearing Officer, shall rule upon the motions, objections, offers of proof of other incidents of the hearing, but his ruling may be overruled by a majority of the membership conducting the hearing, and upon request of a party or his attorney, the presiding officer shall submit the sustention or rejection of his ruling to the Board. Title 505:1-7-8 Record of Hearing (Top of Page) a) The report of a hearing shall be set forth in such forms and detail as the President or Board may direct, unless the hearing is fully transcribed, and shall be placed on file in the office of the Executive Director . The record shall include all pleadings, motions, and intermediate rulings; evidence received or considered; a statement of matters officially noticed; questions and offers of proof, objections, and rulings thereon; and decision opinion, or report by the officer presiding at the hearing; all staff memoranda or data submitted to the hearing officer or members of the agency in connection with their consideration of the case. b) The full proceedings of any hearing shall be transcribed on the request of any party. The fee for the reporter shall be paid by the party requesting the services of a reporter, but may be taxed as costs to another party at the direction of the Board in appropriate circumstances. Title 505:1-7-9 Findings of fact (Top of Page) All findings of fact made by the Board in an individual proceeding shall be made in compliance with the Administrative Procedures Act based exclusively on the evidence, on matters officially noticed during the hearing, and if deemed reliable upon the information received by the Board through investigation and examination made by its agents or staff prior to or during the hearing, as allowed pursuant to the Administrative Procedures Act. Title 505:1-7-10 Notice of facts (Top of Page) The Board shall give notice to all parties in an individual proceeding, prior to or at the hearing, of any facts of which it proposes to take official notice. Any party or his attorney may request that official notice be taken of any fact qualified for such notice by the Statutes of this State. If such official notice is taken, it shall be stated in the record, and all parties shall have opportunity to contest and give evidence in rebuttal or derogation of the official notice. Title 505:1-7-11 Final orders, proposed finding of facts and conclusions of law (Top of Page) All final orders in any individual proceeding shall be in writing or stated in the record. A final order shall include findings of fact and conclusions of law separately stated. Any party to a proceeding before the Board may file proposed findings of fact and conclusions of law; and if proposed findings of fact are filed, the final order of the Board shall include a ruling upon each proposed finding. All parties shall be notified either in person or by mail of any order. Upon request, a copy of the order shall be delivered or shall be mailed forthwith to each party and to his attorney at the address specified in the request. Title 505:1-7-12 Communication with parties (Top of Page) Unless required for the disposition of ex parte matters authorized by law, the President and the members of the Board or authorized by law, the President and the members of the Board or the agents of the Board shall not communicate, directly or indirectly, in connection with any issue of fact, with any person or party or his representative except upon notice and an opportunity for all parties to participate. The president and members of the Board may communicate with one another and have the aid and advice of one or more personal assistants. Advice may also, be secured from the attorney by the Board. Title 505:1-7-13 Subpoenas (Top of Page) a) Issuance and service of subpoena. Subpoenas for the attendance of witnesses, or for the furnishings of information required by the Board, or for the production of evidence or records of any kind shall be issued by any Board member at the direction of the President or upon order of the Board. In like manner, and for like purpose, subpoenas shall be issued by any Board Member at the request of any party to a proceeding before the Board for the attendance of witnesses or for the production of evidential materials at a hearing in such proceeding. The signature of any Board Member shall be sufficient authentication for any subpoena. Subpoenas shall be served in any manner prescribed by these rules for the service of notices. b) Refusal to obey subpoena or to testify. Upon the failure of any person to obey a subpoena, or upon the refusal of any witness to be sworn or make an affirmation or to answer a question put to him in the course of a hearing in any rulemaking proceeding, proceeding for a declaratory ruling, or in an individual proceeding, or in any other authorized action of the Board, the Board as soon as convenient shall consider the matter. By resolution, it may direct the institution of appropriate judicial proceedings under the law of the State for an order to compel compliance with the subpoena or the giving of testimony, as the case may be. Meanwhile, the hearing or other matters shall proceed, so far as is possible, but the Board at its discretion at any time may continue the proceedings for such time as may be necessary to secure a final ruling in the compliance proceedings. c) Costs. The costs covering the issuance and service of subpoenas and all witness fees incurred on behalf of a party to the proceedings, other than the Board, shall be borne by the party on whose behalf they are incurred, but the Board in its final order may tax such costs to some other party if justice so requires. Title 505:1-7-14 Requests for Disqualification (Top of Page) Requests for the disqualification of a member or members of the Board in an individual proceeding shall be embodied in an affidavit, stating with particularity the grounds alleged therefor. Such requests must be filed prior to the commencement of the hearing unless it is made to appear in the affidavit that the ground of disqualification was not previously known and that the application has been made promptly upon discovery. Upon the filing of such affidavit, the President of the Board or the Executive Director, if the affidavit is filed against the President, shall set the matters for the hearing at the earliest date at which the Board can be convened giving notice thereof personally or by telephone to the party or his counsel. The Board, or those members thereof qualified to sit at the hearing, shall take evidence and make prompt decisions. In the event the disqualification is sustained or in the event of a mandamus requiring disqualification, the hearing shall be contin ued to such time as is necessary for the appointment of members pro tem to proceed with the matters, and due notice of the continuance shall be given to all parties. Title 505:1-7-15 Rehearing, reopening or reconsideration (Top of Page) A petition for rehearing, reopening or reconsideration of a final order in an individual proceeding must be filed with the Executive Director within ten (10) days from the entry of the order. It must be signed by the party or his attorney, and must set forth with particularity such of the statutory grounds upon which it is based. However, a petition based upon fraud practiced by the prevailing party or upon procurement of the orders by perjured testimony or fictitious evidence may be filed at any time. All petitions for rehearing, reopening, or reconsideration will be considered and ruled upon as soon as the convenient conduct of the Board’s business will permit. Title 505:1-7-16 Informal hearing of a matter (Top of Page) The parties to any individual proceeding may present the matter to the Board or to any authorized representative in informal conference, and upon mutual consent of all parties and of the Board, the matters may be submitted and determined and an order may be issued without resort to formal procedures. The order shall be in writing and shall be furnished to the parties as prescribed for orders issued after formal hearing in individual proceedings. Title 505:1-7-17 Stipulation of an order (Top of Page) At any time in an individual proceeding the parties thereto may enter into stipulation for the issuance of an order, specifying its terms, or may enter into an agreement for settlement upon specified terms, or may consent to the issuance of an order upon specified terms. In either event the stipulation, the settlement agreement or the consent shall be reduced to writing duly executed by the parties, or shall be entered upon the record in open hearing. Orders made under this rule shall be in writing and shall be served as other orders are served. Title 505:10-1-1 Purpose (Top of Page) These rules provide for the method of obtaining licensure by qualified applicants, and for regulation of licensed practitioners of optometry. The Rules are to ensure that the public safety and welfare is protected by requiring all licensees to be competent and adequately skilled. Title 505:10-1-2 Forms and instructions (Top of Page) The following forms and instructions for their use have been adopted by the Board and are in use by the Board: 1) Application for License Examination. 2) Application for Special Volunteer License. 3) Annual License Renewal Certificate. 4) Application for Branch Office. Title 505:10-3-1 Application for license (Top of Page) The application for a license to practice Optometry shall be on a form prescribed by the Board. This form is provided on the Board of Examiner's website. Title 505:10-3-2 Examination of Candidates (Top of Page) a) Times of meeting. The Board will meet during the month of July for the initial examination and then again in January for the re-examination of any applicant who fails to pass any part of the initial examination.. b) Filing of application for examination. A candidate desiring to take the examinations may obtain the official form of application for such purpose from the Executive Director. The application and all necessary information must be filed with the Executive Director at least thirty (30) days before the date of the examination, and the application must be accompanied by an examination fee in the amount of $200. A failure to appear for an examination is cause for forfeiture of the examination fee. c) Required passing grade. A candidate must make a passing grade of at least 75 grade points in all subjects of the examination in order to receive a certificate of registration. d) Retaking examination. A candidate who fails to make the necessary passing grade at an examination may re-take the examination on the subjects failed at the January Board Meeting with the payment of an examination fee in the amount of $200.00; but if passing grades are not made on the second examination, a new application for the entire examination must be instituted and another examination fee of $200.00 must be paid. Title 505:10-3-3 License requirements (Top of Page) The specified requirements for the issuance of a license are set forth by statute, 59 O.S. 1981 Secs. 584, 586, and 587. Title 505:10-3-4 Granting of license (Top of Page) Where the information furnished on the application for the license, or for the renewal thereof, appears to establish all requirements for the grant thereof and there appears no reason to question its authenticity, the Board may issue the license, or renewal thereof, without a hearing. However, if there appears reason for a formal consideration of whether the license, or renewal, should be granted, the matter shall be treated as an individual proceeding, wherein the applicant is the petitioner, and the procedure applicable to individual proceedings thereafter shall be followed except as modified by statute or by these rules. Title 505:10-3-5 Reciprocity abolished (Top of Page) Since reciprocity has been the cause of much turmoil in Oklahoma, the Oklahoma Board has discontinued reciprocity with other states. Title 505:10-3-6 Special volunteer licenses (Top of Page) (a) Pursuant to statute, 59 O.S. Supp. 2009, Section 493.5, the Oklahoma Board of Examiners in Optometry creates a special volunteer license to practice optometry within the State of Oklahoma under the following terms and conditions. (1) The special volunteer license provided for herein shall be the subject of disciplinary action by the Board upon the same grounds, terms, and conditions as all other licenses or certificates to practice optometry in the state of Oklahoma. Additionally, if the Board, acting through its president, Secretary Treasurer, or Executive Director, finds that the public health, safety, or welfare imperatively requires emergency action suspending a special volunteer license, and makes such a finding regarding the emergency in an order, emergency actions may be ordered suspending such license pending the final outcome of proceedings instituted pursuant to the Administrative Procedures Act in a hearing by the full Board at the earliest practical date. (2) For purposes of this section “eligible volunteer” means an optometrist. (3) The special volunteer license shall be: (A) issued to eligible optometrists by the Board of Examiners in Optometry (the Board), or by such person as the Board may designate in writing. (B) issued without the payment of an application fee, license fee or renewal fee; (C) issued or renewed without any continuing education requirements in this state; (D) issued for a fiscal year or part thereof; and (E) renewable annually upon approval of the Board. (b) An eligible volunteer shall meet the following requirements before obtaining a special volunteer license: (1) Completion of a special volunteer license application, in a form to be approved from time to time by the Board, including documentation of: (A) the school graduation of the optometrist from a recognized school or college of optometry, and (B) the relevant practice history of the applicant; (2) Documentation that the eligible volunteer has been previously issued a full and unrestricted license to practice in Oklahoma or in another state of the United States and that he or she has never been the subject of any professional disciplinary action in any jurisdiction; (3) Acknowledgement and documentation that the practice of the eligible volunteer under the special volunteer license will be exclusively and totally devoted to providing care to needy and indigent persons in Oklahoma or to providing care under the Oklahoma Medical Reserve Corps; and (4) Acknowledgement and documentation that the eligible volunteer shall not receive or have the expectation to receive any payment or compensation, either direct or indirect, for any services rendered in this state under the special volunteer license. The only exception to the indirect compensation provision is for those out-of-state optometrists that participate in the free care given by means of Telemedicine through the Shriner’s Hospitals for Children national network. (5) Acknowledgement that the eligible volunteer shall practice optometry as limited by the scope of practice of the state in which he or she is regularly licensed, including but not limited to, limitations made in the regularly licensing state regarding the authority to prescribe medications. (6) Acknowledgement by the eligible volunteer that he or she has reviewed the legal requirements for the practice of optometry in the State of Oklahoma and will practice under the authority of a special volunteer license in conformity with the laws, statutes, and rules, of the State of Oklahoma for optometrists, to include, but not be limited to requirements governing: (A) equipment required to conduct examinations; (B) required findings on examination of a patient; (C) release of contact lens prescription; (D) Code of Ethics and acts constituting unprofessional conduct; and (E) in lieu of providing the Board no more than two fixed office locations, provision to the Board a record, on such form as the Board may from time to time require, of all dates, times, and locations at which the eligible volunteer practices optometry within the State of Oklahoma and performs any examination or treatment pursuant to his or her special volunteer license. (7) Provision by the eligible volunteer for the responsible recording of the particulars of examination or treatment of all patients and the maintenance of patient records, to include either provision of records of examination of or treatment to the patient, or disclosure of the location within the patient’s community where the patient may secure copies of his or her records upon request. (8) Acknowledgement by the eligible volunteer that before the volunteer professional or volunteer health practitioner provides services, the volunteer professional and the person receiving the services or, if that person is a minor or otherwise legally incapacitated, the person’s parent, conservator, legal guardian, or other person with legal responsibility for the care of that person signs a written statement that acknowledges: (A) that the volunteer professional or volunteer health practitioner providing services has no expectation of and will receive no compensation of any kind for providing the services, and (B) an understanding of the limitations on the recovery of damages from the volunteer professional or volunteer health practitioner pursuant to law in exchange for receiving free services. (C) these acknowledgements regarding expectation or receipt of compensation, or limitation on recovery of damages, must be obtained whether the volunteer health practitioner sees the patient for primary care, or is referred the patient by another volunteer health practitioner. Title 505:10-3-7 Acceptance of Military education, training, and experience toward qualification for licensure examination. (Top of Page) A. Any person wanting to apply education, training, and experience completed as a member of the Armed Forces or Reserves of the United States, National Guard of any state, the Military Reserves of any state, or the Naval Militias of any state (hereafter the Armed Forces) may submit to the Board, through the Executive Secretary, satisfactory evidence of that education, training, and experience. B. The Board, through the Executive Secretary, may request and require such additional evidence or information regarding education, training, and experience completed as a member of the Armed Forces as it, in its sole discretion, deems reasonably necessary. C. Upon receipt of evidence and information the Board, through the Executive Director, or otherwise, shall review the evidence and information provided and apply it in the most favorable manner toward satisfying the qualifications for sitting for the licensure examination. D. If upon review the evidence and information, applied most favorably toward satisfying the qualification for issuance of a license, is not sufficient to justify sitting for the licensure examination, the Board shall notify the applicant what additional education, training, or experience is necessary. E. Nothing in the submission of evidence of education and training, and the consideration of that education and training in the most favorable manner, pursuant to this section relieves an applicant of the obligation of passing the licensure examination given by the Board as a prerequisite to licensure. See, 59 O.S. § 4100.7. F. Additionally, in determining if an applicant has satisfactory education, training, and experience to sit for the licensure examination, the Board may verify that the applicant has: i. not to been subject to pending criminal charges or disciplinary actions; ii. not been convicted of any offense prohibiting licensure; iii. no other impairment that prohibits licensure in this state, including, but not limited to, professional discipline in another state that would, if committed in Oklahoma, potentially justify loss of license. Title 505:10-3-8 Expediting issuances of license or certificate, or temporary permit. (Top of Page) The Board establishes the following procedures to expedite the issuance of a license or certificate, or issuance of temporary permits, for spouses of certain members of the Armed Forces on active duty in this state. A. The spouse of a member of the Armed Forces on active duty in the state of Oklahoma may submit to the Board, through the Executive Secretary, evidence that: 1. He or she is the spouse of a member of the Armed Services on active duty within the State of Oklahoma; or 2. He or she is the spouse of a member of the Armed Services who was a permanent resident in the State of Oklahoma for at least six (6) months prior to assignment to active duty; or 3. He or she is the spouse of a member of the Armed Services who is subject to a military transfer to Oklahoma; and 4. He or she is certified or licensed to practice optometry in a state other than Oklahoma; and 5. He or she left employment as an optometrist in another state to accompany his or her spouse to the State of Oklahoma. B. The Board, or the Executive Director, may ask for such additional evidence as it may, in its sole discretion, deem reasonably required to make its determination of the facts in the preceding subsection. C. The Board, or the Executive Director, may also obtain information from the state in which the military spouse is licensed to determine, in its sole discretion, if the requirements for licensure are substantially equivalent to those required in Oklahoma. D. The Board shall expedite consideration of requests by military spouses by methods appropriate to the volume of such requests by, in its sole discretion, appointing a committee to review them, scheduling special Board meetings to consider them, or other appropriate methods. It is the Board’s intention to gather supplemental information as may be necessary within thirty days of the spouse’s request, and to consider the request within sixty days thereafter. E. Upon consideration, the Board may issue the optometrist spouse of an active duty member of the Armed forces a license or a temporary permit, in its sole discretion, under the following circumstances; 1. The conditions of subsection A of this section are satisfied; 2. the military spouse has been verified: a. not to be subject to pending criminal charges or disciplinary actions; b. not to have been convicted of any offense prohibiting licensure; c. not to have any other impairment that prohibits licensure in this state, including, but not limited to, professional discipline in another state that would, if committed in Oklahoma, potentially justify loss of license. 3. The Board may issue a license if it determines, in its sole discretion, that the requirements for licensure of the state in which the military spouse is licensed are substantially equivalent to those required in Oklahoma and that the issuance of such license is in the best interest of the optometric health of the state. Such license is subject to all requirements of Oklahoma licensure, including, but not limited to, continuing education, payment of license and renewal fees, and compliance with all applicable statues and rules of the Board; 4. Upon verification of the qualifications required by subsection A above, and determination that none of the disqualifying circumstances listed in subsection E(2) above is present, the President of the Board, acting through the Executive Director or otherwise, may authorize issuance of a temporary permit to practice optometry if the applicant (1) has successfully completed, in Oklahoma or in the state where the applicant was previously licensed, requirements for administration therapeutic medications, to include those for glaucoma, substantially equivalent to those required in Oklahoma, and (2) the standard jurisprudence examination covering Oklahoma law. Upon completion of these requirements, the President of the Board may issue temporary permits to practice optometry as follows: a. A temporary permit may be issued for a period not to exceed one year (on the same fiscal year licensing schedule that applies to all other licenses) to permit the practice of optometry while completing any specific requirements in Oklahoma that were not required in the state in which the military spouse is licensed; b. The scope of practice of a temporary permit may be limited by the President to allow practice consistent with the military spouse’s training until the spouse completes specific Oklahoma requirements not previously met in another state. This limitation could include, but is not be limited to, limitations on the use of lasers, or limitations on prescriptions of particular medications or classes of medications; c. The President may authorize successive temporary permits upon the request of a military spouse optometrist, with or without limitation on scope of practice, if the Board finds that doing so is in the best interest of optometric health for the public; d. The President may authorize a temporary permit that allows an optometrist to practice, with or without limitation on the scope of his or her practice, until such time as the optometrist sits for the Oklahoma licensure examination. See, 59 O.S. § 4100.7. 5. The full Board, in open meeting with proper notice to the public and due process to the optometrist holding a temporary permit, may revise or withdraw such permit as improvidently granted, or for any ground that would justify discipline on an optometrist under Oklahoma statutes or the Rules of the Board. 6. Upon satisfactory completion of any specific requirements in Oklahoma that were not required in the state in which the military spouse is licensed, or passing the Oklahoma licensure examination, the Board may issue the applicant a license to practice optometry, subject to the usual requirements of Oklahoma licensure, including, but not limited to, continuing education, payment of license and renewal fees, and compliance with all applicable statues and rules of the Board. Title 505:10-3-9 Automatic extension of licenses for those deployed on active duty with the Armed Forces. (Top of Page) A. The Board shall automatically extend, on a year to year basis, the license of any optometrist duly licensed by the Board who is a member of the Armed Forces and is deployed outside the state of Oklahoma on active duty, conditioned on the prior written request for such extension by the duly licensed optometrist. B. Within thirty days of his or her permanent return, the Oklahoma licensed optometrist shall notify the Board of his or her return from active duty deployment outside the state. C. The automatic extension of the license shall continue after return from deployment outside the state until the next regular relicensing date. The optometrist shall be automatically relicensed as of the first regular relicensing date following return from deployment outside the state. During the year following the next regular relicensing date, the optometrist shall comply with all regular requirements for re-licensure. D. While an Oklahoma optometrist’s license is on automatic extension pursuant to this rule, including for that portion of the extension after the optometrist returns from out of state deployment, and until the first regular relicensing date, the following conditions shall apply: 1. No payment of license renewal fees shall be required; 2. If the following conditions are met, no continuing education shall be required: a. the optometrist requests a waiver of continuing education requirements in writing, including by electronic mail; b. circumstances associated with his or her military duty prevent obtaining continuing education; and c. the optometrist on active duty practices optometry as a part of his or her military duties; or d. the optometrist on active duty presents other grounds justifying, in the sole discretion of the Board, waiver of continuing education requirements. 3. No evidence of completion of CPR training, or any other requirement, need be made to the Board. |