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[Utah Administrative Code Table of Contents]
[Title R156. Table of Contents]
R156-16a-101 Title.
These rules are known as the "Optometry Practice Act Rules".
R156-16a-102 Definitions.
In addition to the definitions in Title 58, Chapters 1 and 16a, as used in Title 58, Chapters 1 and 16a or these rules:
(1) "Direct supervision" means the supervising optometrist or ophthalmologist is physically present and immediately available for face-to-face consultation with the optician providing services.
(2) "General supervision" means the supervising optometrist or ophthalmologist is available for direct oral communication with the optician being supervised either face-to-face or by some other means.
(3) "Peer review program" or "peer review organization" means a quality assurance program approved by the division in collaboration with the board.
R156-16a-103 Authority - Purpose.
These rules are adopted by the division under the authority of Subsection 58-1-106 (1) to enable the division to administer Title 58, Chapter 16a.
R156-16a-104 Organization - Relationship to Rule R156-1.
The organization of this rule and its relationship to Rule R156-1 is as described in Section R156-1-107.
R156-16a-302a Qualifications for Licensure - Education Requirements.
In accordance with Subsection 58-16a-302 (1)(e), the course of study satisfactory to the division and the board shall consist of:
(1) 100 clock hours of General and Ocular Pharmacology in a recognized accredited optometry school; and
(2) a course in Emergency Medical Care taught by a person who has the authority to grant certification in cardiopulmonary resuscitation.
R156-16a-302b Qualifications for Licensure - Examination Requirements.
In accordance with Subsection 58-16a-302 (f), the examinations which must be successfully passed by applicants for licensure as an optometrist are:
(1) the National Board of Optometry Examinations to include the following sections:
(a) Basic Science, Part I;
(b) Clinical Science, Part II;
(c) Clinical Skills, Part III; and
(d) the treatment and management of ocular disease (TMOD).
R156-16a-302c Licensure by Endorsement.
If an applicant meets the requirements for licensure by endorsement as set forth in Subsection 58-16a-302 (2), Part III of the National Board of Optometric Examiners Clinical Skills Examination shall be waived.
R156-16a-302d Quality Assurance Program.
In accordance with Subsections 58-16a-302 (1)(g) and 58-16a-303 (2)(a), a quality assurance program must meet the following criteria in order to be approved by the division in collaboration with the board.
(1) The quality assurance program shall consist of a quality assurance provider, quality assurance reviewers, and the subscribing optometrists and shall be under the direction of the quality assurance provider.
(2) The quality assurance provider shall clearly demonstrate that its personnel have such knowledge and expertise in the practice of optometry and quality assurance to permit the quality assurance provider to competently conduct an optometry peer review program.
(3) The quality assurance program must be open to all licensed optometrists.
(4) The quality assurance provider shall submit a written document to the division for prior approval which outlines the quality assurance program in detail, sets forth the standards and audit criteria against which the optometrist will be reviewed, establishes the criteria for selection of those persons who will be accepted to perform quality assurance review, and documents corrective action procedures.
(5) The contract between the quality assurance provider and its subscribing optometrists shall provide that the quality assurance review process be conducted not less frequently than once every three years.
(6) The primary emphasis of the quality assurance program shall be educational.
(7) Any fees charged for participation in the quality assurance program shall be reasonable and necessary and shall be submitted by the quality assurance provider to the division for approval prior to implementation or change.
(8) A quality assurance provider shall provide in its agreement between the provider and subscribing optometrist that:
(a) upon a finding of gross incompetence in the practice of optometry, the provider shall provide its findings to the division for appropriate action;
(b) if the subscribing optometrist fails to substantially comply with a plan of correction determined appropriate by the provider following quality assurance review by the provider, the subscriber will suspend the subscribing optometrist from that provider's quality review program and will report such suspension to the division; and
(c) the provider will make available to the division the results of a quality review upon the proper issuance of a subpoena duces tecum by the division in accordance with the provisions of Title 58, Chapter 1.
(9) The approved quality assurance provider shall submit, upon request, a written report to the division in sufficient detail to assess the progress, effectiveness and outcome of the program. Representatives of the quality assurance provider shall meet with the division and board if requested to address issues, concerns or the previously-mentioned report.
R156-16a-304 Continuing Education.
In accordance with Section 58-16a-304 , the standards for the 30 hours of qualified continuing professional education are the following.
(1) Qualified continuing professional education shall consist of:
(a) a minimum of 24 clock hours in pathology, pharmacology, emergency medicine or hands-on clinical continuing education;
(b) a biennial course in cardiopulmonary resuscitation (CPR) or Basic Life Support (BCLS) resulting in certification; and
(c) not more than two clock hours relating to ocular practice management.
(2) Qualified continuing professional education shall meet the following criteria:
(a) the subject matter must be relevant;
(b) the faculty must be qualified, both in experience and in teaching expertise;
(c) the learning objectives must be reasonable and clearly stated;
(d) the teaching methods must be clearly stated and appropriate;
(e) attendance must be open to all optometrists and students of optometry;
(f) there must be a written post course or program evaluation; and
(g) documentation of attendance must be provided to those attending.
(3) Credit for qualified continuing professional education shall be recognized in accordance with the following:
(a) courses approved by the Council on Optometric Professional Education (COPE);
(b) courses, seminars, lectures, grand rounds, or conferences approved or sponsored by:
(i) state, regional, or national optometric associations;
(ii) state, regional, or national opthalmological associations;
(iii) state licensing boards;
(iv) accredited colleges or universities; or
(v) established local eye care facilities.
(4) After September 30, 1998, only courses approved by COPE will qualify as meeting the qualified continuing professional education requirements.
(5) Qualified continuing professional education hours for licensees who have not been licensed for the entire two year period will be prorated from the date of licensure.
(6) A licensee shall be responsible for maintaining competent records of completed qualified continuing professional education for a period of four years after close of the two year period to which the records pertain. It is the responsibility of the licensee to maintain such information with respect to qualified continuing professional education and to demonstrate it meets the requirements under this section.
R156-16a-306a Written Agreement.
In accordance with Subsection 58-16a-306 (2), the current written agreement is defined and clarified as follows.
(1) The written agreement shall consist of the following:
(a) acknowledgment of a relationship between the optician and the optometrist or ophthalmologist; and
(b) documentation of the optician's successful completion of the apprenticeship as defined and clarified in Subsection R156-16a-306b to include:
(i) the beginning and ending dates of the apprenticeship;
(ii) a log of 100 patients fitted for contact lenses consistent with Subsection R156-16a-306b(1); and
(iii) a supporting medical record for each of the 100 patients.
(2) A copy of the current written agreement shall be maintained at the practice sites of the optician and the optometrist or ophthalmologist and made available to the division upon request.
R156-16a-306b Apprenticeship.
In accordance with Subsection 58-16a-306 (3), the contact lens apprenticeship is defined and clarified as follows.
(1) The optician shall fit a minimum of 100 patients with contact lenses.
(2) The fittings shall include:
(a) 30 Rigid Gas Permeable lenses including 10 Rigid Gas Permeable Toric; and
(b) 10 Toric Soft lenses.
(3) The 100 fittings shall be under the direct supervision of the supervising optometrist or ophthalmologist.
(4) The medical record for each patient shall be signed by the optician and the supervising optometrist or ophthalmologist.
(5) After successful completion of the required fittings, the remainder of the apprenticeship shall be under the general supervision of the supervising optometrist or ophthalmologist.
(6) A qualified optician who has met the requirements under Section R156-16a-306b prior to May 5, 1997 shall be considered to have met the apprenticeship requirements by:
(a) submitting an affidavit certifying completion of the above requirements on a form provided by the Division; and
(b) submitting the above-referenced form to the Division by December 1, 1997.
R156-16a-307 Licenses Held on Effective Date.
(1) In accordance with Section 58-16a-307 , the classification of licensure and scope of practice for an individual holding a current license as an optometrist without certification on May 5, 1997 is clarified as follows.
(a) The licensee shall be issued a license in the classification of optometrist without certification.
(b) An optometrist without certification:
(i) shall not engage in the treatment of eye disease or injury, the administration or prescribing of diagnostic or therapeutic prescription drugs, or over the counter medicines, the removal of any foreign body from the eye, or treatment of any condition of the eye except those which can be corrected by the use of lenses, prisms, contact lenses, or ocular exercises; and
(ii) may use, dispense, or recommend over-the-counter contact lens solutions.
(iii) upon finding any eye disease or injury requiring therapeutic treatment, shall refer the patient to a qualified practitioner.
(2) In accordance with Section 58-16a-307 , the classification of licensure and scope of practice for an individual holding a current license as an optometrist with diagnostic certification on May 5, 1997 is clarified as follows.
(a) The licensee shall be issued a license in the classification of optometrist with diagnostic certification.
(b) An optometrist with diagnostic certification:
(i) shall not engage in the treatment of eye disease or injury, the administration or prescribing of therapeutic prescription drugs, or therapeutic over the counter medicines, the removal of any foreign body from the eye, or treatment of any condition of the eye except those which can be corrected by the use of lenses, prisms, contact lenses, or ocular exercises;
(ii) may use, dispense, or recommend over-the-counter contact lens solutions;
(iii) may administer diagnostic prescription drugs or over the counter medicines to include the categories of anesthetics, myotics, mydriatrics, or cyclopegics; and
(iv) upon finding any eye disease or injury requiring therapeutic treatment, shall refer the patient to a qualified practitioner.
(3) In accordance with Section 58-16a-307 , the classification of licensure and scope of practice for an individual holding a current license as an optometrist with therapeutic certification on May 5, 1997 is clarified as follows.
(a) The licensee shall be issued a license in the classification of optometrist.
(b) The scope of practice for an optometrist shall be consistent with the scope of practice set forth in Section 58-16a-601.
[Indexing]
KEY: optometrists, licensing
April 1, 1998
[Editor's note: Below are references
to the Utah Code that are listed by the
agency making this rule as authority
for the rule.]
58-16a-101
58-1-106
(1)
58-1-202
(1)
Notice of Continuation September 2, 1997
