Ga. Comp. R. & Regs. Department 430 — Rules of Georgia State Board of Examiners in Optometry

Chapter 430-1 Organization

Ga. Comp. R. & Regs. r. 430-1-.01 Organization of Board

The Georgia State of Board of Examiners in Optometry shall be composed of five doctors of optometry and one consumer member appointed by the Governor. The Board shall annually elect a president and vice president. The public may obtain information and submit requests at the Office of the Division Director, Professional Licensing Boards.

History

• Authority: O.C.G.A. 43-30-2, 43-30-4, and 43-30-5
• History. Original Rule entitled "Organization of Board" was filed and effective on June 30, 1965.
• Amended: Rule repealed and a new Rule of same title adopted. Filed June 13, 1984; effective July 3, 1984.

Ga. Comp. R. & Regs. r. 430-1-.02 Officers

The president and vice-president of the Board shall be elected each year and shall hold their offices until their successors are elected and qualified.

History

• Authority: O.C.G.A. 43-30-2, 43-30-4, and 43-30-5
• History. Original Rule entitled "Meetings" was filed and effective on June 30, 1965.
• Amended: Rule repealed and a new Rule entitled "Officers" adopted. Filed June 13, 1984; effective July 3, 1984.

Ga. Comp. R. & Regs. r. 430-1-.03 Minutes, Records

Minutes of all Board meetings and all records, documents, applications and correspondence pertaining to the executive affairs of the Board shall be sent to the President.

History

• Authority: O.C.G.A. 43-30-2, 43-30-4, and 43-40-5
• History. Original Rule entitled "Officers" was filed and effective on June 30, 1965.
• Amended: Filed January 15, 1980; effective February 4, 1980.
• Amended: Rule repealed and a new Rule entitled "Minutes, Records" adopted. Filed June 13, 1984; effective July 3, 1984.

Ga. Comp. R. & Regs. r. 430-1-.04 Repealed

History

• Authority: Ga. L. 1916, p. 84; Ga. L. pp. 7, 37
• History. Original Rule entitled "Minutes, Records" was filed and effective on June 30, 1965.
• Amended: Filed January 15, 1980; effective February 4, 1980.
• Amended: Rule repealed. Filed June 13, 1984; effective July 3, 1984.

Chapter 430-2 Registration

Ga. Comp. R. & Regs. r. 430-2-.01 Applications

(1) Candidates for licensure in Georgia will be required to pass Parts I, II and III of the National Board examinations; and Treatment and Management of Ocular Disease (TMOD) examination, and the Georgia State Jurisprudence examination administered by the Georgia State Board of Optometry or the National Board of Examiners in Optometry. In addition, after July, 1994, all candidates must have completed all requirements for therapeutic certification before making application to take the Jurisprudence examination.

(2)

All candidates' application must be received 45 days prior to the examination date and must include the following documents:

a. official transcripts of all optometric college credits;

b. certified scores of IAB "Treatment and Management of Ocular Disease" (TMOD);

c. certified scores of Parts I, II, and III of the National Boards.

History

• Authority: O.C.G.A. Secs. 43-30-5, 43-30-7, 43-30-8, 43-30-9
• History. Original Rule entitled "Applications" adopted. F. and eff. June 30, 1965.
• Amended: F. Jan. 15, 1980; eff. Feb. 4, 1980.
• Repealed: New Rule of same title adopted. F. June 13, 1984; eff. July 3, 1984.
• Amended: F. Jan. 22, 1993; eff. Feb. 11, 1993.
• Amended: F. Aug. 17, 1995; eff. Sept. 6, 1995.
• Amended: F. Dec. 18, 1996; eff. Jan. 7, 1997.
• Repealed: New Rule entitled "Licensure Requirements" adopted. F. July 3, 2001; eff. July 23, 2001.

Ga. Comp. R. & Regs. r. 430-2-.02 Refusal, Suspension, Revocation of a License to Practice

The Board shall refuse to issue its license to practice and may suspend or revoke its license to practice issued to any person who is not of good moral character, or who commits an act involving moral turpitude, or who is guilty of highly unprofessional conduct, or whose certificate was issued through error, fraud, or perjury.

History

• Authority: O.C.G.A. Secs. 43-30-5, 43-30-7, 43-30-8, 43-30-9
• History. Original Rule entitled "Refusal, Suspension, Revocation of Certificate of Registration" was filed and effective on June 30, 1965.
• Amended: Rule repealed and a new Rule entitled "Refusal, Suspension, Revocation of a License to Practice" adopted. Filed June 13, 1984; effective July 3, 1984.

Ga. Comp. R. & Regs. r. 430-2-.03 Address Changes

Each licensed optometrist shall maintain his/her current mailing address with the Board. Address changes may be submitted in writing to the Board, or license holders may update their mailing and physical addresses online at the PLB website, www.sos.ga.gov/plb. A current e-mail address is required and may also be updated from this site.

History

• Authority: O.C.G.A. §§ 43-30-5, 43-30-7
• History. Original Rule entitled "Registration" adopted. F. and eff. June 30, 1965.
• Repealed: New Rule of same title adopted. F. June 13, 1984; eff. July 3, 1984.
• Repealed: New Rule entitled "Address Changes" adopted. F. July 3, 2001; eff. July 23, 2001.
• Amended: F. Nov. 28, 2016; eff. Dec. 18, 2016.

Ga. Comp. R. & Regs. r. 430-2-.04 Continuing Education Requirements; Approval of Education Programs

(1)

The Board has pre-approved continuing education (post-graduate) courses from schools and colleges of optometry accredited by the Council on Optometric Education of the American Optometric Association; a maximum of ten (10) hours per biennium in ophthalmologic related courses taught by the Medical College of Georgia, Emory University, Mercer University and Morehouse College; any courses offered by the American Optometric Association or its regional or state affiliates; the Society of Professional Optometrists of Georgia; the SECO International, LLC, the Council on Optometric Practice Education (C.O.P.E.) and any courses approved by C.O.P.E.; American Board of Optometry and American Academy of Optometry. All preapproved continuing education providers must give notification of their courses on a timely basis to all Georgia Optometrists. Any other individual or organization desiring Board approval of an educational program sponsored by the individual or organization, or particular segments of such a program shall submit a request for approval to the State Board of Optometry, 237 Coliseum Drive, Macon, Georgia 31217, not later than thirty (30) days prior to the scheduled date of such program. Each administrator of continuing education credit that gives credit to more than five doctors at any single event shall register all attendees and credits with the Association of Regulatory Boards of Optometry-OE Tracker Program. The Board will act on such request within thirty (30) days after receipt of the request for approval. Any request for Board approval of an educational program must include the following information:

(a)

The identity of the sponsor, including:

1. The name and address of the sponsoring individual(s) or organization and a description of any organizational form (e.g., unincorporated association, non-profit corporation, etc.) and the date of organization;

2. The name and address of the principal officers of the sponsor.

(b)

A description of the program, including:

With respect to each course for which approval is sought:

(i) the name and address of the instructor;

(ii) the title of the course;

(iii) a brief biographical sketch of the instructor including a detailed description (curriculum vitae) of his/her academic qualifications and a listing of prior publications including published speeches, which relates to the subject matter of the course;

(iv) an outline of the proposed content;

(v) the number of hours for which approval is requested, including a specification of those hours relating to practice management.

2. The scheduled time and place of the course;

3. A description of the method by which course attendance is to be monitored;

4. The amount of any registration fee, tuition or other charge for attendance, including a statement of any difference in such charges, which depend on membership in the sponsoring organization;

5. A sample of any advertisement or announcement intended to be employed concerning the program.

(c) Such additional information as the Board may request in the course of its deliberations concerning the application for approval.

(2)

The following course content will not satisfy the continuing education requirement:

(a) Courses dealing with social and health trends;

(b) Any course unrelated to or not designed to enhance the professional skill of the practitioner;

(c) Courses conducted by any individual who is the owner of or is directly connected with any optical wholesale concern unless approved by the Board.

(d) CPR.

(3) A doctor of optometry is expected to ascertain in advance that the courses, which he/she attends, have received prior Board approval and do not fall within the exceptions of sub-part (2).

(4) Board approval of any educational program under this section relates to the program as proposed to the Board. In the event the actual program does not substantively correspond to the proposed program approved by the Board, the board will not give credit for that program under Code Section 43-30-8 . The Board will not consider for approval the program as modified.

(5)

Minimum hours required. The Board requires a minimum of 36 hours of attendance at Board-approved continuing education programs.

(a) Those licensed in the first year of the biennium will be required to obtain eighteen (18) hours of continuing education. This requirement applies regardless of when you establish practice in Georgia. Licensees in this category shall obtain one (1) hour of CE in Georgia laws and rules. This one (1) hour shall be included in the total eighteen (18) hours required for renewal.

(b) Those licensed in the second year of the biennium are not required to obtain continuing education in that biennium.

(c) All licensees are required to obtain thirty-six (36) hours per biennium beginning in the third calendar year of licensure. Licensees shall obtain one (1) hour of Board-approved continuing education in Georgia laws and rules. This one (1) hour shall be included in the total thirty-six (36) hours required for renewal.

(d) All CE hours on Georgia laws and rules must be prior approved by the Board. A maximum of one (1) hour per biennium will be allowed as continuing education credit in this area. Georgia licensed optometrists not practicing in Georgia are exempt from acquiring the one (1) hour of CE in Georgia laws and rules.

(e) A maximum of eight (8) hours per biennium will be allowed as continuing education credit for grand rounds. One (1) hour credit will be allowed for every two (2) hours spent in grand rounds.

(f) A maximum of ten (10) hours of continuing education credit will be allowed per biennium for any coursework that is offered by correspondence or electronic medium, which coursework is approved or sponsored by any provider identified in paragraph (1) of this rule.

(g) A maximum of ten (10) hours of continuing education credit will be allowed per biennium for practice management course work, as long as it is patient care related.

(h) Effective January 1, 2006, of the thirty-six (36) required hours, a minimum of 18 hours of continuing education per biennium is required for pharmacology and pathology courses as related to ophthalmologic conditions.

(6)

Reporting and Auditing. The method of reporting and auditing continuing education shall be:

(a) At the time of license renewal, each Optometrist shall certify to the Board that he/she has completed the continuing education required for license renewal. The preferred method of tracking continuing education is through the ARBO OE-Tracker system and the licensee is encouraged to verify that all course work has been posted to OE-Tracker. If the licensee chooses to not participate in the OE-Tracker system and if all of his/her education credits are not posted therein, the licensee may be required to submit paper records via email or FAX directly to the board in order to demonstrate compliance with the required continuing education hours.

(b) The Board shall audit the continuing education of a percentage of licensees for compliance with all rules and regulations. Such audits will be completed after the license renewal date and will cover course work completed during the just-completed biennium.

(c) Each licensed Optometrist shall maintain records of attendance and supporting documents for continuing education for a period of three (3) years from the date of attendance.

(d)

Deferral of the requirement for education program hours may be considered by the Board. Requests for deferral must be submitted to the Board in writing and should include complete documentation of the reasons for the request. Deferral will be considered for the following reasons:

1. certified illness; and

2. hardship.

History

• Authority: O.C.G.A. §§ 43-30-5, 43-30-8(b)
• History. Original Rule entitled "Branch Office Permits" was filed on December 1, 1970; effective December 21, 1970.
• Amended: Effective date of Rule changed from December 21, 1970; to August 1, 1971. Filed April 21, 1971; effective May 11, 1971.
• Amended: Effective date postponed indefinitely, retroactive to its original effective date of December 21, 1970. Filed September 23, 1971; effective October 13, 1971.
• Amended: Rule repealed and a new Rule entitled "Requirements: Approval of Education Programs" adopted. Filed January 15, 1980; effective February 4, 1980.
• Amended: Filed August 25, 1982; effective September 14, 1982.
• Amended: Rule repealed and a new Rule of same title adopted. Filed June 13, 1984; effective July 3, 1984.
• Amended: Filed May 8, 1985; effective May 28, 1985.
• Repealed: New Rule of same title adopted. F. Feb. 6, 1989; eff. Feb. 26, 1989.
• Amended: F. Aug. 28, 1989; eff. Sept. 17, 1989.
• Amended: F. Jul. 30, 1990; eff. Aug. 19, 1990.
• Repealed: New Rule of same title adopted. F. Aug. 5, 1991; eff. Aug. 25, 1991.
• Amended: F. Jan. 22, 1993; eff. Feb. 11, 1993.
• Amended: F. Mar. 15, 1994; eff. Apr. 4, 1994.
• Amended: F. Jul. 22, 1994; eff. Aug. 11, 1994.
• Amended: F. Apr. 5, 1996; eff. Apr. 25, 1996.
• Amended: F. Nov. 26, 1996; eff. Dec. 16, 1996.
• Amended: F. Oct. 29, 1997; eff. Nov. 19, 1997.
• Amended: F. Oct. 2, 1998; eff. Oct. 22, 1998.
• Amended: F. Mar. 8, 2000; eff. Mar. 28, 2000.
• Repealed: New Rule entitled "Continuing Education Requirements; Approval of Educational Programs" adopted. F. Nov. 1, 2005; eff. Nov. 21, 2005.
• Repealed: New Rule entitled "Continuing Education of Requirements; Approval of Educational Programs" adopted. F. Apr. 18, 2008; eff. May 8, 2008.
• Amended: F. Jan. 25, 2010, eff. Feb. 14, 2010.
• Repealed: New Rule of same title adopted. F. Oct. 28, 2010; eff. Nov. 17, 2010.
• Amended: Rule entitled "Continuing Education Requirements; Approval of Education Programs." F. Feb. 22, 2012; eff. Mar. 13, 2012.
• Amended: F. Apr. 18, 2016; eff. May 8, 2016.
• Amended: F. July 11, 2017; eff. July 31, 2017.
• Amended: F. Aug. 9, 2019; eff. Aug. 29, 2019.

Ga. Comp. R. & Regs. r. 430-2-.05 Requirements for Inactive License Status. Amended

Georgia licensed optometrists may request in writing to the Board that their active license to practice optometry in Georgia be placed in inactive status under the following conditions:

(a) The request must be received prior to the license expiration date to be considered. There is no fee required to request inactive status.

(b) In the event that a Doctor of Optometry who holds a valid license to practice Optometry in the State of Georgia notifies the Board that he chooses to retire from active practice of the profession, his license shall be considered to be inactive;

(c) Doctors holding an inactive license shall not engage in the practice of Optometry and shall not hold themselves out to the public as being available to provide optometric services;

(d) A Doctor of Optometry holding an inactive license shall not be required to obtain the necessary continuing education credits and no renewal fee shall be assessed.

(e) In order to return to the practice of optometry, a reinstatement application for licensure must be submitted to the Board. Refer to Board rule 430-2-.09 .

History

• Authority: O.C.G.A. §§ 43-1-4, 43-1-22, 43-30-5, 43-30-8
• History. Original Rule entitled "Requirements: Approval of Education Programs" was filed on January 8, 1974; effective January 28, 1974.
• Amended: Rule repealed. Filed January 15, 1980; effective February 4, 1980.
• Amended. New Rule entitled "Requirements for Inactive License Status" adopted. Filed June 20, 1986; effective July 10, 1986.
• Amended: F. Oct. 20, 2015; eff. Nov. 9, 2015.

Ga. Comp. R. & Regs. r. 430-2-.06 Repealed

History

• Authority: O.C.G.A. § 43-30-4, 43-30-8
• History. Original Rule entitled "To Reactivate an Inactive License" was filed on June 20, 1986; effective July 10, 1986.
• Repealed: F. May 4, 2015; eff. May 24, 2015.

Ga. Comp. R. & Regs. r. 430-2-.07 Renewal of Licenses

(1) Each person holding a valid license to practice optometry shall renew said license with the Division Director by completing and filing the renewal form furnished by the Board. Said licenses expire on December 31 of every odd-numbered years and shall be renewed biennially upon payment of the biennial renewal fees and providing proof, if selected for an audit, of the completion of the required continuing education hours. The renewal form shall be considered filed with the Board upon being postmarked. All forms not postmarked by December 31 of the odd numbered years shall be considered late.

(2) Each person holding a valid license to practice optometry who does not renew said license by December 31 of the odd-numbered years shall be afforded a late renewal for a period of thirty (30) days after the deadline date. Late renewals shall be processed after filing the renewal form, payment of the renewal fee and late renewal penalty fee and providing proof, if selected for an audit, of the required continuing education hours. The late renewal form shall be considered filed with the Board upon being postmarked. All late renewal forms not postmarked by January 30 following the December 31 deadline shall not be considered timely filed with the Board.

(3) Any service member as defined in O.C.G.A. § 43-1-31 whose license to practice optometry expired while serving on active duty outside the state shall be permitted to practice optometry in accordance with the expired license and shall not be charged with a violation relating to such practice on an expired license for a period of six (6) months from the date of his or her discharge from active duty or reassignment to a location within the state. Any such service member shall be entitled to renew such expired license without penalty within six (6) months after the date of her or her discharge from active duty or reassignment to a location with the state. The service member must present to the board a copy of the official military orders or a written verification signed by the service member's commanding officer to waive any charges.

(4) After the late renewal time period, all non-renewed licenses will be revoked by operation of law for non-renewal, and will require reinstatement at the discretion of the Board.

History

• Authority: O.C.G.A. Secs. 43-1-4, 43-1-19, 43-1-25, 43-30-5, 43-30-18
• History. Original Rule entitled "Renewal of Licenses" adopted. F. Oct. 2, 2001; eff. Oct. 22, 2001.
• Repealed: New Rule of same title adopted. F. July 28, 2005; eff. August 17, 2005.

Ga. Comp. R. & Regs. r. 430-2-.08 Volunteers in Optometry

(1)

The Board shall issue a volunteer license to optometrists who:

(a) Submits an application for a volunteer license to the Board; and

(b) Holds a current, unrestricted license in good standing to practice optometry in any licensing jurisdiction of the United States; or if the applicant is retired from the practice of optometry and not currently engaged in such practice either full time or part time and has, prior to retirement, maintained full, unrestricted licensure in good standing in any licensing jurisdiction of the United States.

(2) The volunteer licensee shall be permitted to practice optometry only in the noncompensated employ of public agencies or institutions, not for profit agencies, not for profit institutions, nonprofit corporations, or not for profit associations which provide health care specialty services only to indigent patients in areas which are underserved by that specialty or critical need population areas of the state, as determined by the Board, or pursuant to Article 8 of Chapter 8 of Title 31.

(3) The person applying for the volunteer license under this Code section shall submit to the Board a copy of his or her health care specialty degree, a copy of his or her health care specialty license in his or her current or previous licensing and regulating jurisdiction, and a notarized statement from the employing agency, institution, corporation, association, or health care program on a form prescribed by that board, whereby he or she agrees unequivocally not to receive compensation for any health care specialty services he or she may render while in possession of the special license;

(4) Any applicant for a volunteer license who has not been actively engaged in the direct observation and treatment of patients within the five (5) years immediately preceding the date of application may, at the Board's discretion, be required to pass an examination administered by the Board or a testing agency designated and approved by the Board;

(5) If the Board determines that an applicant has demonstrated an inability to practice optometry with reasonable skill and safety to the public, and reasonable grounds exist to inquire into an applicant's mental and physical capacity, the applicant may be asked to submit a statement from a physician attesting to the applicant's physical and mental capacity;

(6) If the applicant is not in compliance with the continuing education requirements established by the Board at the time application is made for the volunteer license, the applicant may be issued a nonrenewable temporary license to practice for six months provided the applicant is otherwise qualified for such license. During the period of time the licensee maintains such license, the licensee must comply with the continuing education requirements established by the Board;

(7) There shall be no application or licensing fee for initial issuance of a volunteer license;

(8) Volunteer licenses shall expire at the close of December 31 st in all odd-numbered years. Fees for license renewal shall be assessed as shown on the schedule of fees adopted by the Board;

(9) Any other provisions of Chapter 30, Title 43 of the Official Code of Georgia Annotated not inconsistent with the intent and purpose of the Georgia Volunteers in Health Care Specialties Act, O.C.G.A. 43-1-28 , shall be fully applicable to all licensed optometrists.

History

• Authority: O.C.G.A. §§ 43-1-19(a)(10), 43-1-25, 43-1-28, 43-1-28(c)(1), (2), 43-1-28(d), 43-1-28(e), 43-1-28(f), 43-1-28(g), 43-30-5, 43-30-8
• History. Original Rule entitled "Volunteers in Optometry" adopted. F. Apr. 26, 2006; eff. May 16, 2006.
• Amended: F. Sep. 2, 2022; eff. Sep. 22, 2022.

Ga. Comp. R. & Regs. r. 430-2-.09 Reinstatement

(1) Reinstatement is at the sole discretion of the Board.

(2)

The Board may consider reinstatement when the following requirements have been met:

(a) Reinstatement applications received within one (1) year from the last effective date of the licensee shall include evidence of thirty-six (36) continuing education hours in accordance with Board rule 430- 2-.04(5)(a-h), and must have been obtained within two (2) years prior to the date of reinstatement application.

(b)

Reinstatement applications received after one (1) year from the last effective date of the license shall include:

1. Evidence of fifty (50) continuing education hours, thirty-six (36) of which must be in accordance with Board rule 430-2-.04(5) (a-h). The remaining fourteen (14) of the fifty (50) continuing education hours shall be in pharmacology and pathology and shall be obtained in person, and must have been obtained within two (2) years prior to the date of reinstatement application.

2. In addition, applicants for reinstatement after one year of the last effective date of the license shall register and take and pass the Georgia Laws and Rules exam.

(c) Provides documentation of current CPR.

(d) Provides evidence of current liability insurance as defined by law.

(e) Has met qualifications for scope of practice that includes therapeutics licensure.

(f) The Board may deny reinstatement for failure to demonstrate current knowledge, skill and proficiency in the practice of optometry or being mentally or physically unable to practice optometry with reasonable skill and safety or for any ground set forth in O.C.G.A. § 43-1-19 .

(g) The Board reserves the authority to require any additional information or documentation necessary to complete the reinstatement application.

History

• Authority: O.C.G.A. §§ 43-1-19, 43-30-4, and 43-30-8
• History. Original Rule entitled "To Reinstate a Lapsed License" adopted. F. Oct. 30, 2008; eff Nov. 19, 2008.
• Amended: New title "Reinstatement." F. May 7, 2015; eff. May 27, 2015.

Chapter 430-3 Code of Ethics

Ga. Comp. R. & Regs. r. 430-3-.01 Code of Ethics

The following Code of Ethics is hereby adopted by the Board to govern and as a guide for the conduct of licensed Doctor of Optometry in the practice of optometry in this state. Each licensed Doctor of Optometry shall:

(a) keep the visual or optometric welfare of the patient uppermost at all times;

(b) promote in every possible way the better care of the health needs of the citizens of this state;

(c) enhance continuously their educational and technical proficiency to the end that their patients shall receive the benefits of all acknowledged improvements in visual care;

(d) see that no worthy person shall lack for optometric care regardless of the financial status of the person;

(e) advise each patient whenever consultation with an optometric colleague or referral for other professional care seems advisable;

(f) hold in professional confidence all information concerning a patient and use such data only for the benefit of the patient;

(g) conduct themselves as exemplary citizens;

(h) maintain their office and practice in harmony with true professional standards:

(i) maintain and promote cordial and useful mutual relationships with members of their profession and other professions for the interchange of information for the advantage of mankind;

(j) refrain from any exaggeration of a patient's condition.

History

• Authority: O.C.G.A. §§ 43-1-25, 43-30-5
• History. Original Rule entitled "Code of Ethics" was filed and effective on June 30, 1965.
• Amended: Rule repealed and a new Rule of the same title adopted. Filed June 13, 1984; effective July 3, 1984.
• Amended: F. Mar. 6, 2023; eff. Mar. 26, 2023.

Chapter 430-4 Unprofessional Conduct

Ga. Comp. R. & Regs. r. 430-4-.01 Unprofessional Conduct

(1) By the authority granted under Section 43-30-5 of the Official Code of Georgia Annotated, the Georgia Board of Examiners in Optometry has the authority to adopt, establish, enforce, and maintain rules and regulations applicable to the practice of optometry adequate to put O.C.G.A. Chapter 30, Title 43 into effect and to regulate the practice of optometry as a profession in conformity with and in compliance with accepted professional standards.

(2)

Any one or all of the following acts committed by a doctor of optometry licensed in Georgia are in violation of the accepted professional standards for the practice of optometry in this State and shall constitute "unprofessional conduct" within the meaning of the O.C.G.A. Section

43-30-9

,

as amended

:

(a) Continuing to practice optometry while suffering from any physical or mental disease or disability, which renders the further practice of optometry dangerous to patients or the public;

(b) Habitual intemperance in the use of ardent spirits, narcotics or stimulants to such an extent as to render the licensed doctor of optometry unfit for the careful performance of his professional duties;

(c) The intentional making of any fraudulent, misleading, or deceptive statement in any form of advertising connected with the practice of optometry, including but not limited to the tactic of `bait and switch', whereby a product or service is advertised for a specific price but the consumer must in fact purchase additional products or product or service previously advertised;

(d) Making untruthful or improbable statements or flamboyant or extravagant claims concerning the licensed doctor of optometry's skills which are likely to deceive the public;

(e) Assisting any person other than another licensed doctor of optometry or a doctor of medicine skilled in diseases of the eyes in the prescribing or fitting of a contact lens for a patient, unless the person so assisted is under his direct, personal supervision while upon the same premises. In releasing a prescription for contact lens all parameters necessary for fabrication of the lens must be included;

(f)

Practicing or continuing to practice optometry under, or use in connection with his practice of optometry, any assumed name, corporate name, trade name, or any name other than the name under which he is licensed to practice optometry in Georgia except under the following conditions:

1. When doctors of optometry are practicing as partners, they may practice under the full or last names of the partners. Doctors of optometry who are employed by other doctors of optometry shall practice in their own names, but may practice in an office listed under the name of the individual or partnership of doctors of optometry by whom they are employed, provided, however, that their names shall be displayed in a manner similar to the other doctors of optometry in the practice. In the event of the death or retirement of a doctor of optometry or sale of the optometric practice, the surviving doctor or doctors or the purchaser of the practice may continue to use the name of the predecessor in addition to his own name for a period not to exceed two (2) years from the death or retirement of said predecessor. This rule shall not be construed to authorize conduct otherwise prohibited by the Patient Self-Referral Act, codified at O.C.G.A Section 43-1B-1 et seq.

(g) Publicly displaying of the licensed doctor of optometry's name upon or in any premises used for the practice of optometry, unless a licensed doctor of optometry is actually present at times optometric services are provided and unless such licensed doctor of optometry is in the practice of optometry at such premises for a minimum of four (4) hours per week;

(h) Failing to advise each patient whenever consultation with an optometric colleague or referral for other professional care seems advisable;

(i) Failing to hold in professional confidence all information concerning a patient;

(j) Exaggerating the patient's condition for the purpose of prescribing or dispensing unnecessary optometric services;

(k) Performing any dishonorable, unethical or unprofessional conduct likely to deceive, defraud or harm the public;

(l) Consistently misdiagnosing or consistently prescribing improper therapy;

(m) Violating, attempting to violate, or conspiring to violate any provision of the laws or rules pertaining to the practice of optometry in this State;

(n)

Failing to provide adequate safeguards against patient abandonment. For purposes of this Rule, an optometrist shall be deemed to have provided such safeguards if he/she:

1. makes himself/herself available for twenty-four (24) hour access;

2. arranges alternative coverage by a licensed practitioner or other appropriate healthcare facility; or

3. advises prospective patients, in writing, at the time of their first visit that it is his/her policy not to be available during non-office hours;

(o) Assisting, allowing, or permitting an unlicensed person, firm, association or corporation to practice optometry in this State;

(p) Accepting any direct or indirect payment, gift, or other remuneration of any optometric service not actually rendered;

(q) Placing his license at the disposal or in the service or control of any person, firm, association or corporation not licensed to practice optometry in this State;

(r)

Entering into any agreement that allows an unlicensed person, firm, association, or corporation to control or attempt to control the professional judgment, the manner of practice, or the practice of a doctor of optometry. For purposes of this section,"control or attempt to control the professional judgment, the manner of practice, or the practice of the doctor of optometry" shall include but not be limited to:

1. setting or attempting to influence the professional fees of a doctor of optometry;

2. restricting or attempting to restrict a doctor of optometry's freedom to see patients on an appointment basis;

3. terminating or threatening to terminate any lease, agreement, or other relationship in an effort to control the professional judgment, manner of practice, or practice of a doctor of optometry;

4. making or guaranteeing a loan to a doctor of optometry in excess of the value of the collateral securing the loan;

agreeing to divide or split fees received for professional services with any person, firm, association, or corporation for the solicitation or referral of a patient, provided that the following acts shall not be construed as unprofessional conduct under this regulation unless the person, firm, association, or corporation controls or attempts to control the practice of the doctor of optometry:

(i) entering into a bona fide lease or rental agreement based upon a percentage of gross income;

(ii) advertising in a truthful, non-deceptive manner, or paying for such advertising based upon a percentage of gross income, as long as such advertising otherwise complies with Rules 430-4-.01(2)(c),(d) and (f) and other applicable statutes and regulations.

(iii) nothing in this rule shall be construed to prohibit professional relationships between optometrists, medical doctors, health maintenance organizations and/or hospitals. This rule shall not be construed to authorize conduct otherwise prohibited by the Patient Self-Referral Act, codified at O.C.G.A. Section 43-1B-1 et seq.

(s) It is the intent of subsection (r) to prevent manufacturers, wholesalers, or retailers of optical goods from controlling or attempting to control the professional judgment, manner of practice or the practice of a doctor of optometry, and the provisions of this section shall be liberally construed to carry out this intent.

(t) Subsection (r) shall not apply where the manufacturer, wholesaler, or retailer of ophthalmic goods is a licensed doctor of optometry or a licensed physician or legal entity 100 percent owned and controlled by one or more licensed doctors of optometry or licensed physicians; however, the exception set forth in this subsection shall not apply where the doctor of optometry or legal entity has offices at more than three (3) locations.

(u)

Failing to release patient records within a reasonable period of time to a Physician or another Doctor of Optometry upon written authorization from the patient.

1. The patient shall be responsible to pay the costs of search, retrieval, copying and mailing the patient record.

(v) Failing to respond within the time specified to a subpoena from the Board or the Board's agent.

(3) No optometrist, or employee or agent thereof acting on his behalf, shall offer, agree to accept, or receive compensation in any form for the referral of professional services to or from another health care provider or entity. This prohibition includes any form of fee division or charging of fees for the referral of a patient.

History

• Authority: O.C.G.A. Secs. 43-1-19, 43-1-25, 43-9-6.1, 43-30-4, 43-30-5, 43-30-9
• History. Original Rule entitled "Unprofessional Conduct" adopted. F. and eff. June 30, 1965.
• Repealed: New Rule of same title adopted. F. Oct. 22, 1968; eff. Nov. 10, 1968.
• Amended: F. Dec. 1, 1970; eff. Dec. 21, 1970.
• Amended: F. Nov. 16, 1972; eff. Dec. 6, 1972.
• Amended: F. July 21, 1975; eff. August 10, 1975.
• Amended: F. Feb. 2, 1978; eff. Feb. 22, 1978.
• Amended: F. Jan. 15, 1980; eff. Feb. 4, 1980.
• Amended: F. July 11, 1980; eff. July 31, 1980.
• Repealed: New Rule of same title adopted. F. June 13, 1984; eff. July 3, 1984.
• Amended: F. Sept. 11, 1985; eff. Oct. 1, 1985.
• Repealed: New Rule of same title adopted. F. July 21, 1988; eff. August 10, 1988.
• Amended: F. Apr. 4, 1989; eff. Apr. 24, 1989.
• Amended: F. July 22, 1994; eff. August 11, 1994.
• Amended: F. Sept. 7, 1999; eff. Sept. 27, 1999.
• Repealed: New Rule of same title adopted. F. Apr. 29, 2004; eff. May 19, 2004.
• Amended: F. Nov. 1, 2005; eff. Nov. 21, 2005.

Ga. Comp. R. & Regs. r. 430-4-.02 Repealed

History

• Authority: O.C.G.A. Sec. 43-30-5
• History. Original Rule entitled "Unprofessional Conduct (Addendum)" adopted. F. and eff. June 30, 1965.
• Repealed: New Rule entitled "Violation of Laws or Rules; Sanctions" adopted. F. Nov. 16, 1972; eff. Dec. 6, 1972.
• Repealed: F. June 13, 1984; eff. July 3, 1984.

Chapter 430-5 Treatment Plans; Prescription Requirements

Ga. Comp. R. & Regs. r. 430-5-.01 Treatment Plans, Eye Examinations, and Patient Records

(1)

Before diagnosing or prescribing a treatment plan for any patient, including prescriptions for glasses, contact lenses or other optical devices, the following must be met and determined:

(a) case history as related by patient; and

(b) any pathological conditions of the eyes, both external and internal with diagnosis recorded; and

(c) the need for any necessary optometric tests to ascertain the final treatment plan.

(2) A comprehensive eye examination includes an assessment of a patient's history, any general medical observations, an external and ophthalmoscopic examination, an assessment of gross visual field, visual acuity, ocular alignment and motility, refraction, and, binocular vision and accommodation, a diagnosis, if applicable, and a plan of treatment.

(3) The written and/or electronicrecord of the above determination of each patient examined shall be maintained by the licensed doctor of optometry for seven (7) years from initiation and be made available to the Board or its authorized agents for inspection at any reasonable time.

History

• Authority: O.C.G.A. § 43-30-5
• History. Original Rule entitled "Initiation of Revocation or Suspension Proceedings" adopted. F. Jan. 3, 1968; eff. Jan. 22, 1968.
• Repealed: New Rule entitled "Treatment Plans" adopted. F. June 13, 1984; eff. July 3, 1984.
• Repealed: New Rule entitled "Treatment Plans and Eye Examinations" adopted. F. Apr. 26, 2006; eff. May 16, 2006.
• Amended: Rule title changed to "Treatment Plans, Eye Examinations, and Patient Records." F. Oct. 28, 2011; eff. Nov. 17, 2011.
• Note: Correction of non-substantive typographical error,"Amended: F. Oct. 28, 2011; eff. Nov. 17, 2011." corrected to "Amended: Rule title changed to "Treatment Plans, Eye Examinations, and Patient Records." F. Oct. 28, 2011; eff. Nov. 17, 2011.", to cite Rule title change. Effective November 9, 2015.
• Amended: F. Oct. 20, 2015; eff. Nov. 9, 2015.
• Amended: F. Apr. 13, 2017; eff. May 3, 2017.

Ga. Comp. R. & Regs. r. 430-5-.02 Contents of Prescriptions for Contact Lenses

(1) A contact lens is any device placed on the anterior of the surface of the eye for refractive, cosmetic, diagnostic or therapeutic purposes.

(2) All parameters for fabrication of the lenses must be included.

(3) Prescription for contact lenses shall clearly state an expiration date of not more than one (1) year past the date the lens specifications were determined and a date of less than one (1) year from the date the lens specifications were determined is permissible only when indicated by a patient's medical condition that affects the patient's vision or a refractive problem. No doctor of optometry shall replace contact lenses from data, which is more than three (3) years past the date the lens specifications were determined. No doctor of optometry shall replace contact lens from data, which is more than three (3) years old, nor shall he/she provide the specifications, which would enable another provider to replace such lenses. He/She may provide such expired specifications to another licensed doctor of optometry, medicine, or doctor of osteopathy for the purpose of adding to a new data base from which to determine new lens specifications.

History

• Authority: O.C.G.A. Sec. 43-30-5
• History. Original Rule entitled "Contents of Complaints" adopted. F. Jan. 3, 1968; eff. Jan. 22, 1968.
• Repealed: New Rule entitled "Contents of Prescription for Contact Lenses" adopted. F. June 13, 1984; eff. July 3, 1984.
• Amended: F. Aug. 17, 1995; eff. Sept. 6, 1995.
• Amended: F. Oct. 18, 2004; eff. Nov. 7, 2004.
• Repealed: New Rule of same title adopted. F. Sept. 26, 2006; eff. Oct. 16, 2006.

Ga. Comp. R. & Regs. r. 430-5-.03 Treatment Plans-Co-Management

(1) Intent- It is the intent of this rule to promote the cooperation of doctors of optometry and other health care providers in the delivery of care to mutual patients within the scope of their respective professional practices.

(2) Nothing in these rules shall be construed to prohibit a therapeutically certified doctor of optometry from co-managing cases which may involve, but are not limited to invasive surgery, laser surgery, and procedures involving oral or injected pharmaceutical agents with health care practitioners whose scope of practice allows them to do these procedures under their own licenses.

(3) Nothing in these rules shall be construed as allowing doctors of optometry to perform procedures not authorized as within the scope of practice found in O.C.G.A. § 43-30-1 et seq.

(4) Co-management is defined as the sharing of peri-operative, pre-surgical, post-surgical, and medical management responsibilities between the health care providers for conditions of the eyes and ocular adnexa of patients.

(5) Peri-operative is defined as the period of time extending from when the patient goes into the hospital, clinic, or doctor's office for surgery until the time the patient is discharged home to the extent the doctor of optometry is practicing within the scope of practice found in O.C.G.A. § 43-30-1 et seq.

History

• Authority: O.C.G.A. Secs. 43-30-1, 43-30-5
• History. Original Rule entitled "Conduct of Hearings" adopted. F. Jan. 3, 1968; eff. Jan. 22, 1968.
• Repealed: New Rule entitled "Dismissal of Complaints" adopted. F. Jan. 15, 1980; eff. Feb. 4, 1980.
• Repealed: F. June 13, 1984; eff. July 3, 1984.
• Repealed: New Rule entitled "Treatment Plans - Co-Management" adopted. F. Mar. 20, 2007; eff. Apr. 9, 2007.

Ga. Comp. R. & Regs. r. 430-5-.04 Repealed

History

• Authority: Ga. L. 1916, p. 84, Ga. L. 1931, pp. 7, 37, Ga. L. 1933, p. 202, Ga. L. 1963, p. 214, Ga. L. 1964, p. 338, Ga. L. 1965, p. 283, Ga. L. 1966, p. 333
• History. Original Rule entitled "Service of Pleadings" adopted. F. Jan. 3, 1968; eff. Jan. 22, 1968.
• Repealed: F. Jan. 15, 1980; eff. Feb. 4, 1980.

Ga. Comp. R. & Regs. r. 430-5-.05 Repealed

History

• Authority: Ga. L. 1916, p. 84, Ga. L. 1931, pp. 7, 37, Ga. L. 1933, p. 202, Ga. L. 1963, p. 214, Ga. L. 1964, p. 338, Ga. L. 1965, p. 283, Ga. L. 1966, p. 333
• History. Original Rule entitled "Dismissal of Complaints" adopted. F. Jan. 3, 1968; eff. Jan. 22, 1968.
• Repealed: F. Jan. 15, 1980; eff. Feb. 4, 1980.

Chapter 430-6 Deceptive Advertising

Ga. Comp. R. & Regs. r. 430-6-.01 Deceptive Advertising

(1) A licensed doctor of optometry may not publish or display or cause to be published or displayed in any newspaper or by radio, television, billboard, window display, or any other means or medium, any statement or advertisement concerning ophthalmic services or materials, including but not limited to lenses, frames, spectacles, contact lenses, or parts thereof, which is false, deceptive, or misleading. For purposes of this rule,"false, deceptive or misleading" advertising shall include but not be limited to any advertising not in compliance with Rule 430-4-.01(2)(f)1. .

(2) Any advertisement of prescription spectacles or contact lenses is required to contain language to the effect that an eye doctor's prescription is required for the purchase of such prescription spectacles or contact lenses.

(3)

Any advertisement of the price of prescription spectacles or contact lenses is required to contain the following information:

(a) a statement of whether or not the cost of an examination by an eye doctor is included in the price;

(b) if the advertised goods are to be available to the public at the advertised price for less than 30 days after the date of publication of the advertisement, the advertisement shall state the time limitation on the offer;

(c) if the advertised goods are to be available to the public in limited quantities and no rainchecks are given upon total depletion of the inventory of the goods advertised, the advertisement shall state the total quantity available to all customers;

(d) advertisements must contain a complete description of optical goods and services included in that price and disclose any extra charges that may be required to serve the consumer's health and visual needs; and

(e) if the advertised goods are to be available to the public at a limited number per customer, the advertisement shall state the limit per customer.

(4) Any person who fails to satisfy the requirements of subsection (2) or (3) above shall be deemed to have published a false, deceptive, or misleading statement within the meaning of this section.

History

• Authority: O.C.G.A. 43-30-5 and 43-30-9
• History. Original Rule entitled "Procedural Rules" was filed on May 26, 1977; effective June 15, 1977.
• Amended: Rule repealed and a new Rule entitled "Deceptive Advertising" adopted. Filed June 13, 1984; effective July 3, 1984.

Chapter 430-7 Disciplinary Procedures

Ga. Comp. R. & Regs. r. 430-7-.01 Initiation of Revocation or Suspension Proceedings

Proceedings for the revocation or suspension of a license to practice optometry in the State of Georgia shall be initiated:

(a) by the Board acting upon information within its knowledge; or

(b) by the written verified complaint of any person alleging facts which if true would constitute grounds for the revocation or suspension of a license.

History

• Authority: O.C.G.A. 43-30-5 and 43-30-9
• History. Original Rule entitled "Educational Requirements" was filed on July 11, 1980; effective July 31, 1980.
• Amended: Rule repealed and a new Rule entitled "Initiation of Revocation or Suspension Proceedings" adopted. Filed June 13, 1984; effective July 3, 1984.

Ga. Comp. R. & Regs. r. 430-7-.02 Contents of Complaints

Complaints filed pursuant to subsection (b) of Rule 430-7-.01 shall plainly and fully set forth the matters asserted; shall specify the portions of the Georgia Code and/or the rules of the Board upon which the complaint is founded; shall identify the respondent licensee; shall contain the post office address of the complainant, and shall plainly indicate whether or not the complainant elects to present, either personally or through his legal counsel, the case against the respondent. Should the complainant elect to present evidence in support of his complaint through his legal counsel, the complaint shall contain the name and post office address of the complainant's attorney.

History

• Authority: O.C.G.A. 43-30-5 and 43-30-9
• History. Original Rule entitled "Enforcement" was filed on July 11, 1980; effective July 31, 1980.
• Amended: Rule repealed and a new Rule entitled "Contents of Complaints" adopted. Filed June 13, 1984; effective July 3, 1984.

Ga. Comp. R. & Regs. r. 430-7-.03 Dismissal of Complaints

The Board may dismiss on its own motion and without a hearing any complaint and/or any amendment to a complaint which fails to allege a ground for the revocation or suspension of a license.

History

• Authority: O.C.G.A. 43-30-5 and 43-30-9,
• History. Original Rule entitled "Dismissal of Complaints" was filed on June 13, 1984; effective July 3, 1984.

Ga. Comp. R. & Regs. r. 430-7-.04 Notification of Legal Proceedings

Each licensee is required to notify the Board, in writing, within thirty (30) days of the final disposition of any administrative, civil, or criminal action whenever that final disposition relates to the practice of optometry or involves the subject matter of the offenses cited in O.C.G.A. Section 43-30-9 or the rules promulgated thereunder. Such notice shall include a copy of any final order entered by the court or agency.

History

• Authority: O.C.G.A. 43-30-5 and 43-30-9
• History. Original Rule entitled "Notification of Legal Proceedings" was filed on June 13, 1984; effective July 3, 1984.

Chapter 430-8 Procedural Rules

Ga. Comp. R. & Regs. r. 430-8-.01 Procedural Rules

The Georgia State Board of Examiners in Optometry hereby adopts by reference as its permanent rules Chapters 430-1 through 430-11, and any future amendments thereto, Rules and Regulations of the Office of Joint Secretary, State Examining Boards, relating to Procedure for Hearings before the several State Examining Boards.

History

• Authority: O.C.G.A. 43-30-5, 43-30-9, and 43-30-11
• History. Original Rule entitled "Examination Requirements" was filed on March 30, 1982; effective April 19, 1982.
• Amended: Rule repealed and a new Rule entitled "Procedural Rules" adopted. Filed June 13, 1984; effective July 3, 1984.

Chapter 430-9 Certification for Use of Diagnostic Agents

Ga. Comp. R. & Regs. r. 430-9-.01 Educational Requirements

(1) Graduates Within 5 Years (1975 And Later). Certification from a school of Optometry that the doctor of optometry is educationally qualified to use agents for diagnostic purposes. Eight (8) quarter hours or 96 Board approved clock hours shall be the minimum requirement.

(2) Graduates From 1974 And Earlier. A minimum of 96 clock hours of Board approved education must be taken subsequent to graduation in pharmacology specifically related to topical application to the eye of pharmaceutical agents for diagnostic purposes. This education is to be approved only for pharmaceutical certification.

History

• Authority: O.C.G.A. 43-30-1, 43-30-5, 43-30-9
• History. Original Rule entitled "Fees" was filed on March 30, 1982; effective April 19, 1982.
• Amended: Rule repealed and a new Rule of the same title adopted. Filed September 21, 1982; effective October 11, 1982.
• Amended: Rule repealed and a new Rule entitled "Educational Requirements" adopted. Filed June 13, 1984; effective July 3, 1984.

Ga. Comp. R. & Regs. r. 430-9-.02 Enforcement

(1) Any doctor of optometry who is not certified by the Board to use topically applied pharmaceutical agents for diagnostic purposes, but who uses such agents for any purpose in the practice of optometry, is guilty of unprofessional conduct and shall be subject to disciplinary sanctions pursuant to O.C.G.A. §§ 43-1-19 and 43-30-9 .

(2) Any doctor of optometry who is certified by the Board to use topically applied pharmaceutical agents for diagnostic purposes, and who uses such agents for any purpose other than for diagnosis or who causes such agents to be used outside the direct supervision of the doctor of optometry is guilty of unprofessional conduct and shall be subject to disciplinary sanctions pursuant to O.C.G.A. §§ 43-1-19 and 43-30-9 , provided, however, that nothing in this Rule shall prohibit a doctor of optometry who is certified for using pharmaceutical agents for treatment purposes from utilizing such agents in accordance with the law and rules and regulations of the Board.

History

• Authority: O.C.G.A. §§ 43-30-1(2)(A), 43-30-5, 43-30-9
• History. Original Rule entitled "Enforcement" was filed on June 13, 1984; effective July 3, 1984.
• Amended: Rule repealed and a new Rule of the same title adopted. Filed September 26, 1988; effective October 16, 1988.

Chapter 430-10 Certification for Use of Therapeutic Agents

Ga. Comp. R. & Regs. r. 430-10-.01 Certification Requirements

A doctor of optometry may be certified by the Board to use pharmaceutical agents for treatment purposes only if all of the following conditions are met:

(a) The doctor of optometry is already certified to use pharmaceutical agents for diagnostic purposes;

(b) The doctor of optometry has passed or passes an examination approved by the Board which tests knowledge of pharmacology for treatment and management of ocular diseases; and

(c) Written proof that the doctor of optometry has passed an approved therapeutic examination is received by the Board from the examination provider.

History

• Authority: O.C.G.A. Secs. 43-30-1(2)(A), 43-30-5
• History. Original Rule entitled "Examination Requirements" was filed on June 13, 1984; effective July 3, 1984.
• Amended: Rule repealed and a new Rule of same title adopted. Filed June 24, 1985; effective July 14, 1985.
• Amended: Rule renumbered as 430-11-.01 and new Rule entitled "Certification Requirements" adopted. Filed September 23, 1988; effective October 13, 1988.

Ga. Comp. R. & Regs. r. 430-10-.02 Approved Therapeutic Examinations

(1)

The following examination has been approved by the Board as meeting the requirements for therapeutic certification:

(a) The National Board of Examiners in Optometry (NBEO) examination in "Treatment and Management of Ocular Disease" (TMOD).

(2) The Board reserves the right to approve additional examinations for therapeutic certification upon evidence provided to the Board that such examinations adequately test knowledge of pharmacology for treatment and management of ocular diseases.

(3) The only examination approved at this time for certification to use therapeutic agents is the TMOD examination or an equivalency score from the National Board for the content of the TMOD administered with Part 2: Clinical Science.

History

• Authority: O.C.G.A. §§ 43-30-1(2017 Supp.), 43-30-5 (2016)
• History. Original Rule entitled "Approved Therapeutic Examination" was filed on September 23, 1988; effective October 13, 1988.
• Amended: F. Oct. 29, 1990; eff. Nov. 18, 1990.
• Repealed: New Rule of same title adopted F. Aug. 17, 1995; eff. Sept. 6, 1995.
• Amended: F. Aug. 9, 2019; eff. Aug. 29, 2019.

Ga. Comp. R. & Regs. r. 430-10-.03 Pharmaceutical Agents

(1)

Pharmaceutical agents which are used by a doctor of optometry for treatment purposes may only be:

(a) Non-narcotic oral analgesics, hydrocodone administered orally, and Schedule III or Schedule IV controlled substances which are oral analgesics;

(b) Used for ocular pain; and

(c) Used for no more than 72 hours without consultation with the patient's physician; provided however that with respect to hydrocodone, used for no more than 48 hours without consultation with the patient's physician; or

(d) Other pharmaceutical agents related to the diagnosis or treatment of diseases and conditions of the eye and adnexa oculi except Schedule I or Schedule II controlled substances.

(e) Pharmaceutical agents related to the diagnosis or treatment of diseases and conditions of the eye and adnexa oculi by injection, except for sub-tenon, retrobulbar, peribulbar, facial nerve block, subconjunctival anesthetic, dermal filler, intravenous injections, intramuscular injections, intraorbital nerve block, intraocular, or botulinum toxin injections, so long as the licensed optometrist meets the requirements found in the law and the Board's rules regarding injections.

(2) Doctors of optometry using pharmaceutical agents shall be held to the same standard of care imposed by Code Section 51-1-27 as would be applied to a physician licensed under Chapter 34 of this title performing similar acts; provided, however, that a doctor of optometry shall not be authorized to treat systemic diseases.

(3)

In addition to the above, the following pharmaceutical agents may be used for treatment purposes, including ocular pain, by any doctor of optometry who has been certified pursuant to O.C.G.A.

43-30-1(2)

(A, C & D) to use pharmaceutical agents for treatment purposes:

(a) topical and oral antibiotics;

(b) topical and oral antivirals;

(c) topical and oral antifungals;

(d) topical and oral antiallergy;

(e) topical and oral antiglaucoma;

(f) topical steroids;

(g) topical and oral nonsteroidal anti-inflammatory;

(h) oral non-narcotic analgesics;

(i) oral narcotic Schedule III or IV analgesics;

(j) hydrocodone as provided above; and,

(k) other pharmaceutical agents related to the diagnosis or treatment of diseases and conditions of the eye and adnexa oculi, except Schedule I or Schedule II controlled substances.

History

• Authority: O.C.G.A. §§ 43-30-1(2), 43-30-1(2)(C), 43-30-1(2)(D)(i)(I),(ii), 43-30-1(2)(D)(i)(II), 43-30-1(2)(C),(D),(E), 43-30-5
• History. Original Rule entitled "Approved Therapeutic Drugs" adopted. F. Sept. 23, 1988; eff. Oct. 13, 1988.
• Repealed: New Rule of same title adopted. F. Feb. 6, 1989; eff. Feb. 26, 1989.
• Amended: F. May 16, 1990; eff. June 5, 1990.
• Repealed: New Rule of same title adopted. F. Aug. 5, 1991; eff. Aug. 25, 1991.
• Repealed: New Rule of same title adopted. F. Dec. 23, 1991; eff. Jan. 12, 1992.
• Amended: F. May 4, 1993; eff. May 24, 1993.
• Amended: F. Mar. 15, 1994; eff. Apr. 4, 1994.
• Amended: Board sent two filings under same title repealing and readopting Rule. F. July 22, 1994; eff. August 11, 1994. Due to repetitive recision of this Rule, the Administrative Code Section reserves the right not to publish this Rule under O.C.G.A. Sec. 50-13-7(c). Copies can be obtained from Secretary of State, Administrative Procedure Division, 816 West Tower, 2 Martin Luther King Jr. Drive, Atlanta, Ga. 30334.
• Repealed: New Rule of same title adopted. F. Aug. 17, 1994; eff. Sept. 6, 1994. Due to repetitive recision of this Rule, the Administrative Code Section reserves the right not to publish this Rule under O.C.G.A. Sec. 50-13-7(c). Copies can be obtained from Secretary of State, Administrative Procedure Division, 816 West Tower, 2 Martin Luther King Jr. Drive, Atlanta, Ga. 30334.
• Repealed: New Rule of same title adopted. F. Sept. 27, 1994; eff. Oct. 17, 1994.
• Repealed: New Rule of same title adopted. F. July 7, 1995; eff. July 27, 1995. Due to repetitive recision of this Rule, the Administrative Code Section reserves the right not to publish this Rule under O.C.G.A. Sec. 50-13-7(c). Copies can be obtained from Secretary of State, Administrative Procedure Division, 816 West Tower, 2 Martin Luther King Jr. Drive, Atlanta, Ga. 30334.
• Repealed: New Rule of same title adopted. F. Aug. 17, 1995; eff. Sept. 6, 1995.
• Amended: F. Oct. 11, 1996; eff. Oct. 31, 1996.
• Amended: F. Nov. 26, 1996; eff. Dec. 16, 1996.
• Amended: F. Dec. 18, 1996; eff. Jan. 7, 1997.
• Repealed: New Rule of same title adopted. F. July 23, 1997; eff. August 12, 1997.
• Repealed: New Rule of same title adopted. F. Feb. 9, 1998; eff. Mar. 1, 1998.
• Amended: F. Oct. 2, 1998; eff. Oct. 22, 1998.
• Amended: F. Nov. 19, 2001; eff. Dec. 9, 2001.
• Repealed: New Rule of same title adopted. F. May 28, 2002; eff. June 17, 2002.
• Repealed: New Rule of same title adopted. F. Aug. 5, 2002; eff. Aug. 25, 2002.
• Repealed: New Rule of same title adopted. F. Mar. 21, 2003; eff. Apr. 10, 2003.
• Repealed: New Rule of same title adopted. F. May 20, 2003; eff. June 9, 2003.
• Repealed: New Rule of same title adopted. F. Apr. 29, 2004; eff. May 19, 2004.
• Repealed: New Rule of same title adopted. F. Jan. 9, 2006; eff. Jan. 29, 2006.
• Repealed: New Rule of same title adopted. F. Aug. 21, 2007; eff. Sept. 10, 2007.
• Amended: F. Apr. 13, 2017; eff. May 3, 2017.
• Amended: New title "Pharmaceutical Agents." F. Aug. 9, 2019; eff. Aug. 29, 2019.

Ga. Comp. R. & Regs. r. 430-10-.04 Enforcement

The license of any doctor of optometry who commits any of the following acts has engaged in unprofessional conduct and shall be subject to disciplinary sanctions pursuant to O.C.G.A. 43-1-19 and 43-30-9:

(a) using any pharmaceutical agent for treatment purposes prior to becoming certified to use such agents by the Board;

(b) using any pharmaceutical agent for treatment purposes which is not contained in Rule 430-10-.03 ;

(c) administering or prescribing any pharmaceutical agent for treatment purposes before obtaining $1,000,000 in Professional Liability Insurance and becoming certified in Cardiovascular Pulmonary Resuscitation (CPR). Auditing of these requirements will be handled as the auditing for continuing education.

History

• Authority: O.C.G.A. §§ 43-30-1(2017 Supp.), 43-30-5 (2016)
• History. Original Rule entitled "Enforcement" was filed on September 29, 1988; effective October 13, 1988.
• Amended: F. Aug. 17, 1995; eff. Sept. 6, 1995.
• Amended: F. June 20, 2019; eff. July 10, 2019.

Chapter 430-11 Examination Requirements

Ga. Comp. R. & Regs. r. 430-11-.01 Examination Requirements

Candidates for licensure in Georgia will be required to pass Parts 1, 2 and 3 if applicable of the National Board examinations; and Treatment and Management of Ocular Disease (TMOD) examination or a subsequent examination approved by the board which tests knowledge of pharmacology for treatment and management of ocular diseases; and the Georgia State Jurisprudence examination administered by an organization approved by the board. In addition, after July, 1994, all candidates must have completed all requirements for therapeutic certification before making application to the take the jurisprudence examination.

History

• Authority: O.C.G.A. §§ 43-30-5, 43-30-7(b)
• History. Original Rule entitled "Fees" adopted. F. July 13, 1984; eff. July 3, 1984.
• Amended: F. Aug. 26, 1986; eff. Sept. 15, 1986.
• Repealed: New Rule of same title adopted. F. Oct. 29, 1987; eff. Nov. 18, 1987.
• Repealed: New Rule entitled "Examination Requirements" adopted. F. Sept. 23, 1988; eff. Oct. 13, 1988.
• Amended: F. Oct. 29, 1990; eff. Nov. 18, 1990.
• Amended: F. Jan. 22, 1993; eff. Feb. 11, 1993.
• Repealed: New Rule of same title adopted. F. Aug. 17, 1995; eff. Sept. 6, 1995.
• Repealed: New Rule of same title adopted. F. July 28, 2005; eff. August 17, 2005.
• Amended: F. June 10, 2019; eff. July 10, 2019.

Chapter 430-12 Fees

Ga. Comp. R. & Regs. r. 430-12-.01 Fees

The required fee must accompany the appropriate application as noted in the following schedule:

(a) Application fee -- As set forth on the fee schedule adopted by the Board;

(b) Examination fee -- As set forth on the fee schedule adopted by the Board;

(c) Re-Examination fee -- As set forth on the fee schedule adopted by the Board;

(d) Examination Review fee -- As set forth on the fee schedule adopted by the Board;

(e) Biennial Renewal fee -- As set forth on the fee schedule adopted by the Board;

(f)

Delinquent Renewal fee -- As set forth on the fee schedule adopted by the Board;

1. All renewals after December 31st of the renewal year must be accompanied by the delinquent fee plus the renewal fee.

(g)

Duplicate Certificate fee -- As set forth on the fee schedule adopted by the Board;

1. A duplicate certificate will only be issued as a replacement of an original or as a result of a legal name change.

(h) Endorsement License fee -- As set forth on the fee schedule adopted by the Board; and

(i) Federal Service Endorsement License fee -- As set forth on the fee schedule adopted by the Board.

History

• Authority: O.C.G.A. Secs. 43-30-5, 43-30-7, 43-30-8
• History. Original Rule entitled "Fees" was filed as Rule 43011-.01 and renumbered as Rule 430-12-.01. Filed September 23, 1988; effective October 13, 1988.
• Amended: F. May 16, 1990; eff. June 5, 1990.
• Amended:Nov. 8, 1991; eff. Nov. 28, 1991.
• Repealed: New Rule, same title, adopted. F. June 15, 1994; eff. July 5, 1994.
• Amended: F. Nov. 26, 1996; eff. Dec. 16, 1996.

Chapter 430-13 Licensure by Endorsement

Ga. Comp. R. & Regs. r. 430-13-.01 Licensure By Endorsement

The Board may license by endorsement, an optometrist who holds a license that was obtained by examination from another state or territory of the United States subject to the following conditions:

(a) An applicant for licensure by endorsement must have been engaged in the active practice of optometry for at least five (5) of the seven (7) years immediately preceding his or her application;

(b) The applicant must not have committed any act that would constitute a violation of the Georgia State Board of Optometry Laws and Rules and Regulations. Furthermore, he or she must not be the subject of any pending or unresolved board action or malpractice in this or any other state or territory;

(c) An applicant for licensure by endorsement must meet all of the qualifications for regular state licensure as set forth in O.C.G.A. 43-30-7(c)(1), (2), (3) and (4), and (d) , except that the applicant shall not be required to sit for any portion of the written examination other than the "Laws" portion as required by subparagraph (d)4. of this rule; and

(d)

As part of the licensure process, the applicant shall complete an application for licensure by endorsement and shall:

1. submit all applicable fees provided for in Board Rule 430-12-.01 ;

2. cause to be submitted directly from the boards of all states in which the applicant holds a license to practice optometry certification demonstrating his or her good standing. To be considered for licensure by endorsement, an applicant's license(s) must be in good standing in any states and territories of the United States in which he or she successfully passed an examination for licensure, which states and territories have the same or similar licensing requirements as the State of Georgia;

3. submit official proof documenting his or her compliance with all continuing education requirements imposed by any states or territories in which a license to practice optometry is held; and

4. submit proof that he or she has taken and passed the "Law" portion of the Licensing examination of the Georgia State Board of Optometry.

History

• Authority: O.C.G.A. §§ 43-30-5, 43-30-7
• History. Original Rule entitled "Licensure by Endorsement" adopted. F. Nov. 26, 1996; eff. Dec. 16, 1996.
• Amended: F. Oct. 2, 1998; eff. Oct. 22, 1998.
• Amended: F. Nov. 28, 2016; eff. Dec. 18, 2016.

Ga. Comp. R. & Regs. r. 430-13-.02 Licensure By Endorsement: Federal Service

The Board will consider applications by Endorsement for military spouses and transitioning service members as defined in O.C.G.A. § 43-1-34 (2017) subject to the following:

(a)

As used in this rule, the following terms shall mean:

1. "Military" means the United States armed forces, including the National Guard.

2. "Military spouse" means a spouse of a service member or transitioning service member.

3. "Service member" means an active or reserve member of the armed forces, including the National Guard.

4. "Transitioning service member" means a member of the military on active duty status or on separation leave who is within 24 months of retirement or 12 months of separation.

(b)

A military spouse or transitioning service member may qualify for a license or certificate of registration by endorsement where the applicant:

1. Holds a license in good standing from another state for which the training, experience, and testing substantially meet or exceed the requirements to obtain a license as an Optometrist in Georgia;

2. Has submitted to the Board a verification of licensure from the appropriate licensing agency referenced in number one (1.) above showing that the applicant's active license is in good standing in that state;

3. Has submitted documentation satisfactory to the Board which verifies the applicant's status as a military spouse or transitioning service member as defined in O.C.G.A. § 43-1-34 ;

4. Has submitted a completed application for licensure by endorsement on a form approved by the Board and has paid the required fee; and

5. Has taken and passed the Georgia Jurisprudence (Laws and Rules) Examination of the Georgia State Board of Optometry.

(c) Effective July 1, 2017, military spouses and transitioning service members may qualify for expedited processing of the license application by showing that the applicant is a military spouse or transitioning service member and that the applicant has paid the fee and meets the requirements for a license under the laws and rules for the type of license for which the applicant has applied.

History

• Authority: O.C.G.A. §§ 43-1-34, 43-30-5(2016)
• History. Original Rule entitled "Licensure by Endorsement: Federal Service" adopted F. Nov. 26, 1996; eff. Dec. 16, 1996.
• Amended: F. Aug. 24, 2017; eff. Sept. 13, 2017.

Chapter 430-14 Certification for Use of Injectables

Ga. Comp. R. & Regs. r. 430-14-.01 Certification Requirements

A doctor of optometry may be certified by the Board to administer pharmaceutical agents by injection for diagnosis or treatment purposes if one of the following conditions are met:

(a) The doctor of optometry has successfully completed an injectable training program that has been approved by the Board consisting of a minimum of thirty (30) hours; or,

(b) The doctor of optometry is enrolled in an injectable training program that has been approved by the Board consisting of a minimum of thirty (30) hours and is under the direct supervision of a physician licensed by the Georgia Composite Medical Board (O.C.G.A. §43-34) who is board certified in ophthalmology.

2. A list of Board approved injectable training programs, not all inclusive, can be found on the Board website, www.sos.ga.gov/plb/optometry.

History

• Authority: O.C.G.A. §§ 43-30-1, 43-30-5 (2017)
• History. Original Rule entitled "Certification Requirements" adopted. F. Jan. 24, 2018; eff. Feb. 13, 2018.