ARSD Article 20:50 — OPTOMETRY

article-20-50ARSD Article 20:50Regulation

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HEALTH HEALTH

Chapter 20:50:01

ARSD 20:50:01:01 Definitions

Words defined in SDCL 36-7 have the same meaning when used in this article.

History

  • Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 8, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 49 SDR 12, effective August 14, 2022.
  • General Authority: SDCL 36-7-15.
  • Law Implemented: SDCL 36-7-1.

Chapter 20:50:02

ARSD 20:50:02:01 Time of examinations, Repealed
    20:50:02:01.  Time of examinations. Repealed.

History

  • Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 8, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 31 SDR 101, effective January 19, 2005; 39 SDR 127, effective January 21, 2013; 49 SDR 12, effective August 14, 2022.
ARSD 20:50:02:02 Application for licensure

Each applicant for licensure shall apply to the board on prescribed forms. An applicant shall attest that the applicant has reviewed and agrees to comply with this state's optometry law and ethics.

An applicant for licensure must submit a set of fingerprints on a standard card provided by the board for the purpose of obtaining a state and federal criminal background check pursuant to SDCL 36-7-12.2. The applicant must sign and submit a form authorizing the release of the applicant's criminal history to the board.

An application must be completed within one year from the date the application is received by the board.

History

  • Source: SL 1975, ch 16, § 1; SDR 66, effective January 8, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 49 SDR 12, effective August 14, 2022.
  • General Authority: SDCL 36-7-15(2).
  • Law Implemented: SDCL 36-7-11, 36-7-12.2, 36-7-15(5).
ARSD 20:50:02:03 Repealed
          20:50:02:03.  Requirements of application for admission to practice examination fees.Repealed.

History

  • Source: 6 SDR 66, effective January 8, 1980; repealed, 12 SDR 78, effective November 10, 1985.
ARSD 20:50:02:03.01 Fees

The application fee for initial licensure is $175. The application fee is non-refundable and must be paid before the board will issue a license.

History

  • Source: 12 SDR 78, effective November 10, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 44, effective October 20, 1986; 31 SDR 101, effective January 19, 2005; 39 SDR 127, effective January 21, 2013; 49 SDR 12, effective August 14, 2022.
  • General Authority: SDCL 36-7-11(2).
  • Law Implemented: SDCL 36-7-11(2), 36-7-13.
ARSD 20:50:02:04 Examination subjects -- Admission to practice, Repealed
    20:50:02:04.  Examination subjects -- Admission to practice. Repealed.

History

  • Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 8, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 44, effective October 20, 1986; 49 SDR 12, effective August 14, 2022.
ARSD 20:50:02:04.01 Repealed
          20:50:02:04.01.  Examination subjects -- Topical pharmaceutical agents. Repealed.

History

  • Source: 6 SDR 66, effective January 8, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 39 SDR 127, effective January 21, 2013.
ARSD 20:50:02:04.02 Repealed
          20:50:02:04.02.  Examination fees -- Topical pharmaceutical agents.Repealed.

History

  • Source: 6 SDR 66, effective January 8, 1980; 12 SDR 78, effective November 10, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 31 SDR 101, effective January 19, 2005.
ARSD 20:50:02:04.03 Licensure by endorsement

An applicant for licensure by endorsement shall submit the application and fingerprints required by § 20:50:02:02 and pay the application fee for initial licensure pursuant to § 20:50:02:03.01. The application must be supported by written evidence satisfactory to the South Dakota Board of Optometry that the applicant:

(1) Is licensed in good standing to practice optometry in a state or territory under United States jurisdiction that required passage of a written, entry-level examination certified by the National Board of Examiners in Optometry at the time of initial licensure;

(2) Has either passed the Treatment and Management of Ocular Disease examination or is authorized to use therapeutic pharmaceutical agents; and

(3) Has been engaged in the practice of optometry for at least five consecutive years immediately preceding application under this section.

The applicant shall request any optometry licensing agency of any United States jurisdiction in which the applicant is licensed, or has ever been licensed to practice optometry, to provide reports directly to the South Dakota Board of Examiners in Optometry describing the applicant's current standing and any past or pending actions taken with respect to the applicant's authority to practice optometry in those jurisdictions.

History

  • Source: 6 SDR 66, effective January 8, 1980; 12 SDR 78, effective November 10, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 21 SDR 35, effective August 30, 1994; 31 SDR 101, effective January 19, 2005; 32 SDR 225, effective July 5, 2006; 34 SDR 323, effective July 2, 2008; 46 SDR 119, effective May 4, 2020; 49 SDR 12, effective August 14, 2022; 52 SDR 2, effective July 20, 2025.
  • General Authority: SDCL 36-7-15(2).
  • Law Implemented: SDCL 36-7-12.2, 36-7-13, 36-7-15(5).
ARSD 20:50:02:04.04 Minimum educational requirements -- Pharmaceutical agents, Repealed
    20:50:02:04.04.  Minimum educational requirements -- Pharmaceutical agents. Repealed.

History

  • Source: 13 SDR 44, effective October 20, 1986; 31 SDR 101, effective January 19, 2005; 49 SDR 12, effective August 14, 2022.
ARSD 20:50:02:04.05 Repealed
          20:50:02:04.05.  Certification requirements -- Pharmaceutical agents. Repealed.

History

  • Source: 15 SDR 40, effective September 13, 1988; 17 SDR 199, effective June 30, 1991; 31 SDR 101, effective January 19, 2005; repealed, 39 SDR 127, effective January 21, 2013.
ARSD 20:50:02:04.06 Repealed
          20:50:02:04.06.  Certification requirements -- Glaucoma and ocular hypertension -- Approved institutions. Repealed.

History

  • Source: 20 SDR 209, effective July 1, 1994; repealed, 39 SDR 127, effective January 21, 2013.
ARSD 20:50:02:05 Transferred
          20:50:02:05.  Transferred to § 20:50:02:06.01.
ARSD 20:50:02:06 National board examinations required

To obtain licensure, an applicant must pass the following examinations certified by the National Board of Examiners in Optometry:

(1) Part I, Applied Basic Science;

(2) Part II, Patient Assessment and Management;

(3) Part III, Patient Encounters and Performance Skills; and

(4) Treatment and Management of Ocular Disease.

The application must indicate when the applicant took the examinations. The applicant must have passed the examinations no more than five years before the date of application, unless the applicant is licensed in another United States jurisdiction and is seeking licensure by endorsement.

History

  • Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 8, 1980; 12 SDR 78, effective November 10, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 17 SDR 199, effective June 30, 1991; 46 SDR 119, effective May 4, 2020; 49 SDR 12, effective August 14, 2022; 52 SDR 2, effective July 20, 2025.
  • General Authority: SDCL 36-7-15(2).
  • Law Implemented: SDCL 36-7-11(6), 36-7-12.1, 36-7-15(5).
ARSD 20:50:02:06.01 Passing grade, Repealed
    20:50:02:06.01.  Passing grade. Repealed.

History

  • Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 8, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:50:02:05, 17 SDR 199, effective June 30, 1991; 49 SDR 12, effective August 14, 2022.
ARSD 20:50:02:07 Issuance of license

The Board may not issue a license to a successful applicant until the applicant has secured and equipped an office in this state that meets the requirements of § 20:50:06:01 or has arranged a bona fide association with a licensed optometrist in this state who has an office that meets those requirements. This section does not apply when the applicant is in or entering the military or other governmental service.

Cross-Reference: Inspection of office, § 20:50:06:02.

History

  • Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 8, 1980; 12 SDR 78, effective November 10, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 49 SDR 12, effective August 14, 2022.
  • General Authority: SDCL 36-7-15(2).
  • Law Implemented: SDCL 36-7-11, 36-7-15(5).
ARSD 20:50:02:08 Annual renewal fees

The annual renewal fee for licensed optometrists is $300 if paid by the first day of October of each year. The additional fee for reinstatement after a default, pursuant to SDCL 36-7-20, is $100 for each calendar month the fee is late, up to a maximum of twelve months, after which a license may be renewed only if, in the discretion of the board, good cause is shown for the delinquency.

An optometrist who has not actively and routinely practiced for a period of greater than one year, but not more than three years, may, at the discretion of the board, be reinstated upon a showing of good cause, payment of the annual renewal fee for each year of absence, payment of the late fee for each month of absence as provided in this section, and upon providing proof of being current on all continuing education requirements.

History

  • Source: 12 SDR 78, effective November 10, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 44, effective October 20, 1986; 31 SDR 101, effective January 19, 2005; 32 SDR 225, effective July 5, 2006; 41 SDR 109, effective January 12, 2015; 46 SDR 119, effective May 4, 2020.
  • General Authority: SDCL 36-7-20.
  • Law Implemented: SDCL 1-26-6.9, 36-7-20.

Chapter 20:50:03

ARSD 20:50:03:01 Recognized optometric schools or colleges

A recognized optometric school or college is a school or college approved by the Accredication Council on Optometric Education of the American Optometric Association.

History

  • Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 8, 1980; 12 SDR 78, effective November 10, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 49 SDR 12, effective August 14, 2022.
  • General Authority: SDCL 36-7-15(2).
  • Law Implemented: SDCL 36-7-11(5), 36-7-15(6).

Chapter 20:50:04

ARSD 20:50:04:01 Confidential communications

All information received from the patient in the course of treatment must be treated as a privileged communication and held inviolate.

History

  • Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 8, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 49 SDR 12, August 14, 2022.
  • General Authority: SDCL 36-7-15(2).
  • Law Implemented: SDCL 36-7-15(2).
ARSD 20:50:04:02 Advising patient

An optometrist shall advise a patient if, during the course of an examination, the optometrist discovers a health condition that is outside the optometrist's scope of practice.

History

  • Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 8, 1980; 12 SDR 78, effective November 10, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 49 SDR 12, effective August 14, 2022.
  • General Authority: SDCL 36-7-15(2).
  • Law Implemented: SDCL 36-7-15(2).
ARSD 20:50:04:03 Serving as optician prohibited

An optometrist may not in any manner publicize as or serve as an optician.

History

  • Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 8, 1980; 12 SDR 78, effective November 10, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 49 SDR 12, effective August 14, 2022.
  • General Authority: SDCL 36-7-15(2).
  • Law Implemented: SDCL 36-7-15(2).
ARSD 20:50:04:04 Maintenance of office

An office maintained for the practice of optometry must be clean and sanitary. The office must be exclusive of any other business and must be physically disconnected from any commercial business or influence in the same building by use of floor-to-ceiling wall separations and a separate front entrance to the outside or to common hallways.

History

  • Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 8, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 21 SDR 35, effective August 30, 1994; 49 SDR 12, effective August 14, 2022.
  • General Authority: SDCL 36-7-15(2), 36-7-25(8).
  • Law Implemented: SDCL 36-7-15(2).
ARSD 20:50:04:05 Use of word "doctor."

No optometrist, when using the title of "doctor" in advertising, may qualify it in any way other than by the use of the word "optometrist." When not using the title, an optometrist may use the letters "O.D." after the optometrist's name, or the word "optometrist," or both.

History

  • Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 8, 1980; 12 SDR 78, effective November 10, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 49 SDR 12, effective August 14, 2022.
  • General Authority: SDCL 36-7-15(2).
  • Law Implemented: SDCL 36-7-15(2).
ARSD 20:50:04:05.01 Repealed
          20:50:04:05.01.  Conspicuous sign for optometrists certified to prescribe therapeutic drugs.Repealed.

History

  • Source: 13 SDR 44, effective October 20, 1986; repealed, 31 SDR 101, effective January 19, 2005.
ARSD 20:50:04:06 Optometrist to write and release prescription -- Requests for medical records

Upon the request of a patient for whom an optometrist has prescribed spectacle lenses, the optometrist shall issue the prescription and deliver a copy to the patient. A spectacle lens prescription expires on the date specified by the optometrist, based upon the medical judgment of the optometrist with respect to the ocular health of the patient. If a prescription expires in less than one year, the reasons for the expiration date must be documented in the patient's medical record. An optometrist may not specify a prescription expiration date that is earlier than the date on which reexamination of the patient is medically necessary. Requests for medical records are governed by SDCL 36-2-16.

History

  • Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 8, 1980; 12 SDR 78, effective November 10, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 44 SDR 99, effective December 11, 2017; 46 SDR 119, effective May 4, 2020; 49 SDR 12, effective August 14, 2022.
  • General Authority: SDCL 36-7-15(2).
  • Law Implemented: SDCL 36-7-1, 36-7-15(2).
ARSD 20:50:04:07 Claims of superiority

An optometrist may not claim to have superior qualifications, superior equipment available for use in the optometrist's practice, or a superior quality of service to patients, to other similarly licensed optometrists. An optometrist certified to prescribe and administer pharmaceutical agents may, however, indicate such qualifications.

History

  • Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 8, 1980; 12 SDR 78, effective November 10, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 31 SDR 101, effective January 19, 2005; 49 SDR 12, effective August 14, 2022.
  • General Authority: SDCL 36-7-15(2).
  • Law Implemented: SDCL 36-7-15(2).
ARSD 20:50:04:08 Repealed
          20:50:04:08.  Use of office for advertising.Repealed.

History

  • Source: 6 SDR 66, effective January 8, 1980; repealed, 12 SDR 78, effective November 10, 1985.
ARSD 20:50:04:09 Division of fees -- Payments to employees

An optometrist may not directly or indirectly divide, share, split, or allocate a fee for optometric services or materials with a layperson, firm, or corporation, or another optometrist or licensed medical practitioner, except on the basis of a division of service or responsibility. This section does not prohibit:

(1) An optometrist from paying an employee in the regular course of employment;

(2) A practice established under the terms of SDCL chapter 47-11B; or

(3) An optometrist from being employed on a salary, with or without a bonus arrangement, by an optometrist or licensed medical practitioner, regardless of the amount of supervision exerted by the employer over the office in which the employee works. However, this bonus arrangement may not be based on the business or income of an optical company.

History

  • Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 8, 1980; 12 SDR 78, effective November 10, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 32 SDR 129, effective January 31, 2006; 49 SDR 12, effective August 14, 2022.
  • General Authority: SDCL 36-7-15(2).
  • Law Implemented: SDCL 36-7-15(2).
ARSD 20:50:04:10 Repealed
          20:50:04:10.  Fees based on services rendered.Repealed.

History

  • Source: 6 SDR 66, effective January 8, 1980; repealed, 12 SDR 78, effective November 10, 1985.
ARSD 20:50:04:11 Improper business relationships

The following business relationships are prohibited:

(1) An office rental, lease, or office space-sharing arrangement that, by virtue of location, causes the optometrist to be in violation of SDCL 36-7-17 by being directly employed by or connected with another person or entity other than an optometrist, ophthalmologist, or other licensed healing arts professional or in which the optometrist's office, location, or place of practice is owned, operated, supervised, staffed, directed, or attended by any other person, corporation, or entity not licensed to practice optometry, ophthalmology, or other healing arts in this state; and

(2) An arrangement or agreement, express or implied, with any firm, business, corporation, person, or other entity not licensed to practice optometry in this state that would interfere with the optometrist's independent ability to provide professional care for patients without outside influence.

Nothing in this section may be construed to prohibit a practice established under the terms of SDCL chapter 47-11B or affect referrals between persons authorized to practice medicine or optometry in this state.

History

  • Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 8, 1980; 12 SDR 78, effective November 10, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 21 SDR 35, effective August 30, 1994; 32 SDR 129, effective January 31, 2006; 49 SDR 12, effective August 14, 2022.
  • General Authority: SDCL 36-7-15(2), 36-7-17, 36-7-25.
  • Law Implemented: SDCL 36-7-15(2), 36-7-17, 36-7-25(8).
ARSD 20:50:04:12 Scope of practice -- Procedural codes, Repealed
    20:50:04:12.  Scope of practice -- Procedural codes. Repealed.

History

  • Source: 32 SDR 225, effective July 5, 2006; 49 SDR 12, effective August 14, 2022.
ARSD 20:50:04:13 Delegation to unlicensed personnal
    20:50:04:13.  Delegation to unlicensed personnel. An optometrist may delegate tasks to trained, unlicensed personnel under the supervision of an optometrist. The unlicensed personnel may not perform any task that requires the exercise of professional clinical judgment or interpretation.

An optometrist who delegates tasks to unlicensed personnel is responsible for the outcomes and quality of care provided by the unlicensed personnel. An optometrist shall ensure the unlicensed personnel:

(1) Is appropriately trained to maintain necessary equipment and supplies; and

(2) Has demonstrated sufficient proficiency for, and is competent to perform, tasks to be completed.

The optometrist must be immediately available to respond to any question or issue that may arise during the provision of delegated tasks by the unlicensed personnel.

Failure to comply with this section is unprofessional conduct pursuant to SDCL 36-7-25.

History

  • Source: 52 SDR 2, effective July 20, 2025.
  • General Authority: SDCL 36-7-15.
  • Law Implemented: SDCL 36-7-25(8)(18).
ARSD 20:50:04:14 Telehealth

The same standard of care applies to the practice of optometry, whether provided in-person or via telehealth. An optometrist may not provide telehealth services unless the optometrist has established a provider-patient relationship with the patient in compliance with SDCL 34-52-3 and this section.

To provide telehealth services, an optometrist must have provided services to the patient at an in-person consultation no more than three years prior to the date when telehealth services are provided. An optometrist may provide telehealth services in the absence of a provider-patient relationship when, in the professional clinical judgment of the optometrist, the patient requires emergency care.

Before providing telehealth services, the optometrist must:

(1) Disclose to the patient the methods of telehealth delivery and treatment, and any limitations; and

(2) Obtain written consent from the patient to receive telehealth services.

An optometrist treating a patient through telehealth shall perform a comprehensive optometric examination, as described in § 20:50:07:01, before prescribing eyeglasses or contact lenses to the patient.

An optometrist providing telehealth services shall establish protocols for referrals for emergency services.

An optometrist providing telehealth services may not issue a prescription for any controlled substance to the patient for whom telehealth services are provided.

Failure to comply with this section is unprofessional conduct pursuant to SDCL 36-7-25.

History

  • Source: 52 SDR 2, effective July 20, 2025.
  • General Authority: SDCL 36-7-15(2).
  • Law Implemented: SDCL 34-52-2, 34-52-3, 36-7-25(8).

Chapter 20:50:05

ARSD 20:50:05:01 Advertising

False, fraudulent, deceptive, misleading, or sensational advertising is prohibited. Advertising, whether paid for or not, is considered prohibited under this section if it meets any of the following criteria:

(1) Contains a misrepresentation of fact or omits a material fact necessary to prevent deception or misrepresentation;

(2) Promises relief or recovery unobtainable by the average patient by the methods publicized;

(3) Contains a testimonial pertaining to quality or efficacy of optometric care of services that does not represent typical experiences of other patients;

(4) Is intended or is likely to create false or unjustified expectations of favorable results;

(5) Contains a claim that the optometrist possesses skills, provides services, or uses procedures superior to those of other optometrists with similar training, unless the claim can be factually substantiated by scientific and accepted evidence;

(6) Takes advantage of a person's fears, vanity, anxiety, or similar emotions;

(7) Contains a claim that is likely to deceive or mislead the average member of the public to whom it is directed;

(8) Contains a false or misleading prediction or implication that a satisfactory result or cure will result from performance of professional services;

(9) Contains a claim that the optometrist uses or provides products that are superior to other similarly licensed optometrists unless claims can be factually substantiated by scientific and accepted evidence;

(10) Describes availability of products, procedures, or services that are not permitted by law;

(11) Is likely to attract patients by use of exaggerated claims;

(12) Contains a statement of uninvited direct solicitation of patients who, because of their particular circumstances, are vulnerable to undue influences;

(13) Fails to be identified as a paid announcement or solicitation when it is not apparent from the context that the advertisement is a paid announcement or solicitation, including advertising giving the impression it is a news story or an informational article; or

(14) Contains a statement of fees charged for specific professional services but fails to indicate whether additional fees may be required for related services that may also be required.

History

  • Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 8, 1980; 12 SDR 78, effective November 10, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 44, effective October 20, 1986; 39 SDR 127, effective January 21, 2013; 49 SDR 12, effective August 14, 2022.
  • General Authority: SDCL 36-7-15(2).
  • Law Implemented: SDCL 36-7-15(2).
ARSD 20:50:05:02 Repealed
          20:50:05:02.  Advertising by new registrant or old registrants changing location.Repealed.

History

  • Source: 6 SDR 66, effective January 8, 1980; repealed, 12 SDR 78, effective November 10, 1985.
ARSD 20:50:05:03 Repealed
          20:50:05:03.  Advertising change of hours.Repealed.

History

  • Source: 6 SDR 66, effective January 8, 1980; repealed, 12 SDR 78, effective November 10, 1985.
ARSD 20:50:05:04 Repealed
          20:50:05:04.  Mailed announcements.Repealed.

History

  • Source: 6 SDR 66, effective January 8, 1980; repealed, 12 SDR 78, effective November 10, 1985.
ARSD 20:50:05:05 Repealed
          20:50:05:05.  Use of name by others.Repealed.

History

  • Source: 6 SDR 66, effective January 8, 1980; repealed, 12 SDR 78, effective November 10, 1985.
ARSD 20:50:05:06 Repealed
          20:50:05:06.  Notice of change of location.Repealed.

History

  • Source: 6 SDR 66, effective January 8, 1980; repealed, 12 SDR 78, effective November 10, 1985.
ARSD 20:50:05:07 Repealed
          20:50:05:07.  External signs.Repealed.

History

  • Source: 6 SDR 66, effective January 8, 1980; repealed, 12 SDR 78, effective November 10, 1985.
ARSD 20:50:05:08 Repealed
          20:50:05:08.  Types of advertising prohibited.Repealed.

History

  • Source: 6 SDR 66, effective January 8, 1980; repealed, 12 SDR 78, effective November 10, 1985.
ARSD 20:50:05:09 Repealed
          20:50:05:09.  Limitations on certain advertising.Repealed.

History

  • Source: 6 SDR 66, effective January 8, 1980; repealed, 12 SDR 78, effective November 10, 1985.

Chapter 20:50:06

ARSD 20:50:06:01 Minimum office equipment

A licensed optometrist's office must contain the following equipment, maintained in good condition:

(1) Ophthalmic chair and instrument unit;

(2) Retinoscope;

(3) Direct ophthalmoscope;

(4) Binocular indirect ophthalmoscope;

(5) Phoropter;

(6) Keratometer;

(7) Trial lens set;

(8) Trial frame;

(9) Transilluminator;

(10) Projector chart or other luminous acuity chart;

(11) Biomicroscope;

(12) Instrument to evaluate intraocular pressure;

(13) Permanent patient record system;

(14) Visual fields instrument;

(15) Color vision test equipment; and

(16) Sanitary lavatory basin.

History

  • Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 8, 1980; 12 SDR 78, effective November 10, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 34 SDR 101, effective October 18, 2007; 49 SDR 12, effective August 14, 2022; 52 SDR 2, effective July 20, 2025.
  • General Authority: SDCL 36-7-15(2).
  • Law Implemented: SDCL 36-7-25(8).
ARSD 20:50:06:01.01 Telehealth office equipment

In addition to the equipment in § 20:56:06:01, an optometrist providing telehealth services shall maintain an office containing the following equipment, maintained in good condition:

(1) Anterior segment video recording system; and

(2) Full field imaging system or fundus camera.

History

  • Source: 52 SDR 2, effective July 20, 2025.
  • General Authority: SDCL 36-7-15(2).
  • Law Implemented: SDCL 36-7-25(8).
ARSD 20:50:06:02 Inspection of office for a new applicant

The board shall conduct an office inspection, in accordance with SDCL 36-7-30, prior to the issuance of a license, unless the applicant:

(1) Indicates on the initial license application that the applicant has arranged a bona fide association with a licensed optometrist at an office that has been inspected by the board within the past two years and meets the requirements of §§ 20:50:06:01 and 20:50:06:01.01; or

(2) Is entering the military or other governmental service.

The applicant shall appear in person for a board inspection.

Cross-Reference: Issuance of license, § 20:50:02:07.

History

  • Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 8, 1980; 12 SDR 78, effective November 10, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 21 SDR 35, effective August 30, 1994; 34 SDR 101, effective October 18, 2007; 49 SDR 12, effective August 14, 2022; 52 SDR 2, effective July 20, 2025.
  • General Authority: SDCL 36-7-15(2).
  • Law Implemented: SDCL 36-7-25(8), 36-7-30.
ARSD 20:50:06:02.01 Inspection of office for new establishments

A licensed optometrist shall inform the board within sixty days of establishing a new practice of optometry in this state for purposes of inspection in accordance with SDCL 36-7-30.

The licensee shall appear in person for a board inspection.

History

  • Source: 52 SDR 2, effective July 20, 2025.
  • General Authority: SDCL 36-7-15(2).
  • Law Implemented: SDCL 36-7-25(8), 36-7-30.

Chapter 20:50:07

ARSD 20:50:07:01 Minimum comprehensive optometric examination

Minimum** comprehensive optometric examination. When a comprehensive examination is warranted, the minimum comprehensive optometric examination shall consist of the following:

(1) Patient case history and visual acuity;

(2) Internal and external physical ocular examination;

(3) Objective and subjective analysis of refractive error by an optometrist that does not consist solely of information generated by an automated or internet-based testing device;

(4) Analysis of accommodation, convergence, and fusional ability when clinically necessary;

(5) Tonometry;

(6) Pupil evaluation, extraocular movement testing, and visual field testing (confrontation or electronic);

(7) Assessment and plan; and

(8) Where indicated by case history and findings produced by the current examination, any additional tests that should be performed to enable the optometrist to advise the patient and prescribe for or refer, as indicated.

No prescription for ophthalmic lenses or contact lenses may be written based solely upon the diagnosis of a refractive error of the human eye as generated using automated equipment or

internet-based devices.

Failure to make or supervise the minimum comprehensive examination in all cases and to keep a permanent record of it is unprofessional conduct unless there are professional reasons to the contrary.

History

  • Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 8, 1980; 12 SDR 78, effective November 10, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 44, effective October 20, 1986; 39 SDR 127, effective January 21, 2013; 44 SDR 99, effective December 11, 2017.
  • General Authority: SDCL 36-7-15.
  • Law Implemented: SDCL 36-7-1, 36-7-15.

Chapter 20:50:08

ARSD 20:50:08:01 Continuing education requirements

An optometrist must complete 45 hours of continuing education within each three-year period after the date of initial licensure. Of the 45 hours of continuing education required each cycle, 30 hours must be live, where the lecturer and learner are physically present at the same location. The remaining 15 continuing education hours may be completed live or by self-directed learning as specified in § 20:50:08:02.01.

An optometrist must complete five hours annually of continuing pharmaceutical education in the area of diagnosis and treatment of ocular disease. The five hours of annual pharmaceutical education count toward the 45 hours required each three years.

History

  • Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 8, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 44, effective October 20, 1986; 15 SDR 40, effective September 13, 1988; 17 SDR 199, effective June 30, 1991; 21 SDR 35, effective August 30, 1994; 31 SDR 101, effective January 19, 2005; 37 SDR 133, effective January 18, 2011; 49 SDR 12, effective August 14, 2022.
  • General Authority: SDCL 36-7-20.2.
  • Law Implemented: SDCL 36-7-15(7), 36-7-20.
ARSD 20:50:08:02 Acceptable courses of study, Repealed
    20:50:08:02.  Acceptable courses of study. Repealed.

History

  • Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 8, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 24 SDR 91, effective January 6, 1998; 43 SDR 61, effective October 24, 2016; 46 SDR 119, effective May 4, 2020; 49 SDR 12, effective August 14, 2022.
ARSD 20:50:08:02.01 Limits on self-directed learning

No more than 15 hours of self-directed learning may be credited to an optometrist in a three-year period to fulfill continuing education requirements as follows:

(1) Surgical/ophthalmologist observation -- one hour credit for every two hours of observation, up to four hours credit. If the location of the observation being submitted for credit is the optometrist's regular office, the optometrist must provide evidence to the board that the subject of the observation is other than the optometrist's regular practice expertise. The optometrist must provide the board with documentation signed by the ophthalmologist evidencing the observation, including a summary detailing the type of observation and the educational goal and outcome of the observation on a form provided by the board;

(2) Video, recorded webinars, live webinars, and teleconferences -- the optometrist must provide the board with a certificate of attendance indicating the learning format. In the event of an emergency or situation not within the control of the optometrist, and for good cause shown, the optometrist may petition the board to approve a live webinar for credit as a live presentation; and

(3) Correspondence courses from colleges or occupational journals that must have self-testing.

In the event of an emergency or situation not within the control of the optometrist, and for good cause shown, a live stream presentation may receive credit as a live presentation.

History

  • Source: 24 SDR 91, effective January 6, 1998; 37 SDR 133, effective January 18, 2011; 44 SDR 99, effective December 11, 2017; 46 SDR 119, effective May 4, 2020; 49 SDR 12, effective August 14, 2022.
  • General Authority: SDCL 36-7-20.2.
  • Law Implemented: SDCL 36-7-15(7), 36-7-20.2.
ARSD 20:50:08:02.02 Limits on self-directed learning for continuing pharmaceutical education, Repealed
    20:50:08:02.02.  Limits on self-directed learning for continuing pharmaceutical education. Repealed.

History

  • Source: 24 SDR 91, effective January 6, 1998; 31 SDR 101, effective January 19, 2005; 37 SDR 133, effective January 18, 2011; 49 SDR 12, effective August 14, 2022.
ARSD 20:50:08:02.03 Limits on continuing education courses in practice management and patient protection and compliance issues

In a three-year period, up to eight hours of instruction in the management of an optometric practice, including patient protection and compliance issues, may be used to fulfill continuing education requirements.

History

  • Source: 24 SDR 91, effective January 6, 1998; 43 SDR 61, effective October 24, 2016; 49 SDR 12, effective August 14, 2022.
  • General Authority: SDCL 36-7-20.2.
  • Law Implemented: SDCL 36-7-15(7), 36-7-20.2.
ARSD 20:50:08:03 Repealed
          20:50:08:03.  Courses of study not acceptable.Repealed.

History

  • Source: SL 1975, ch 16, § 1; repealed, 6 SDR 66, effective January 8, 1980.
ARSD 20:50:08:04 Obtaining evidence of compliance

To show compliance with continuing education requirements, each optometrist shall obtain evidence of attendance or completion from the sponsoring organization for each course. Documentation must show the name of the licensee, the title of the course, the Council on Optometric Practitioner Education (COPE) identification number, if applicable, the date of attendance or completion of the course, the location of the course or the medium used for instruction, and the hours in attendance or required for completion. The evidence of compliance must accompany the optometrist's application for renewal of license.

History

  • Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 8, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 24 SDR 91, effective January 6, 1998; 43 SDR 61, effective October 24, 2016; 46 SDR 119, effective May 4, 2020; 49 SDR 12, effective August 14, 2022.
  • General Authority: SDCL 36-7-20.2.
  • Law Implemented: SDCL 36-7-15(7), 36-7-20.2.
ARSD 20:50:08:05 Repealed
          20:50:08:05.  Special requirements for inactive or out-of-state licenses. Repealed.

History

  • Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 8, 1980; 12 SDR 78, effective November 10, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 34 SDR 101, effective October 18, 2007.

Chapter 20:50:09

ARSD 20:50:09:01 Superseded
          20:50:09:01.  Petition for new rules.Superseded.
ARSD 20:50:09:02 Superseded
          20:50:09:02.  Board action on request.Superseded.

Commission Note: SDCL 1-26-13 provides a statutory procedure to use for petitioning an agency for amendments to its rules, thus effectively superseding the above two sections.

ARSD 20:50:09:03 Repealed
          20:50:09:03.  Request for decision from board.Repealed.

History

  • Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 8, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 15 SDR 40, effective September 13, 1988.

Chapter 20:50:10

ARSD 20:50:10:01 Acts constituting prescribing of contact lenses

Any of the following shall constitute the prescribing of contact lenses except when performed by or under the direction of and direct physical supervision of a person licensed under SDCL 36-4:

(1) Determining whether or not a patient may safely and comfortably wear contact lenses;

(2) Evaluating the physical fit of a contact lens through use of a "black light" and fluorescein or any similar substance;

(3) Evaluating the physical fit of a contact lens through the use of a biomicroscope or a similar instrument with magnification qualities;

(4) Using a phoropter, hand-held lens, or any automated instrument for the purpose of determining the prescription or change in prescription necessary in a contact lens;

(5) Using a spectacle prescription or a prescription determined through the use of a vertometer, or its equivalent, on a pair of spectacles as a basis for designing, manufacturing, or duplicating a new contact lens;

(6) Prescribing a schedule of time for wearing of contact lenses for a patient;

(7) Measuring and evaluating the curvature of the cornea through any means by any instrument including photographic, mechanical, or reflected light methods; and

(8) Determining the type and design of contact lenses and care procedure for the wearing of contact lenses.

History

  • Source: 3 SDR 92, effective July 12, 1977; 6 SDR 66, effective January 8, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 44, effective October 20, 1986.
  • General Authority: SDCL 36-7-15.
  • Law Implemented: SDCL 36-7-1.
ARSD 20:50:10:02 Provision of contact lens prescription

A licensed optometrist must complete a follow-up evaluation of the contact lens design on the patient's eye to assure the compatibility of the lens to the eye and the patient's ocular health.

After the completion of the follow-up evaluation by the licensed optometrist, the prescribing optometrist must provide a copy of the validated prescription in compliance with state and federal law. The optometrist shall clearly state the expiration date on the prescription.

If a patient refuses to permit the prescribing optometrist to complete a follow-up evaluation, the prescribing optometrist shall deliver a nonvalidated prescription to the patient that includes a statement that the prescription cannot be validated without follow-up evaluation.

History

  • Source: 21 SDR 35, 21 SDR 50, effective January 1, 1995; 49 SDR 12, effective August 14, 2022.
  • General Authority: SDCL 36-7-15(2).
  • Law Implemented: SDCL 36-7-1.
ARSD 20:50:10:03 Expiration of contact lens prescription

A contact lens prescription expires:

(1) Not less than one year after the issue date of the prescription; or

(2) On the date specified by the prescribing optometrist, based upon the medical judgment of the prescribing optometrist with respect to the ocular health of the patient.

If a prescription expires in less than one year, the prescribing optometrist shall document the reasons for that expiration date in the patient's medical record. A prescribing optometrist may not specify a prescription expiration date that is earlier than the date on which a reexamination of the patient is medically necessary.

History

  • Source: 44 SDR 99, effective December 11, 2017; 46 SDR 119, effective May 4, 2020; 49 SDR 12, effective August 14, 2022.
  • General Authority: SDCL 36-7-15(2).
  • Law Implemented: SDCL 36-7-1.

Chapter 20:50:11

ARSD 20:50:11:01 Application for registration

An initial application for registration of a professional optometric corporation must contain, in addition to the information specified in SDCL 47-11B-8, the following:

(1) A copy of the corporation's certificate of incorporation;

(2) A copy of the corporation's articles of incorporation;

(3) A copy of the minutes of the corporation's organizational meeting;

(4) A copy of the corporation's insurance binder;

(5) A registration fee required by SDCL 47-11B-9; and

(6) A sworn statement from the president of the corporation stating that the corporation will not hold itself out to the public as possessing any skills or expertise not possessed by optometrists in noncorporate practice.

History

  • Source: 12 SDR 78, effective November 10, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 52 SDR 2, effective July 20, 2025.
  • General Authority: SDCL 47-11B-23.
  • Law Implemented: SDCL 47-11B-8, 47-11B-9.
ARSD 20:50:11:02 Professional corporation -- Admitting shareholder

No later than 30 days after a change in membership or shareholders, the corporation shall notify the board in writing of the change, indicating the identity, licensure status, and residence address of any new shareholder or member.

History

  • Source: 12 SDR 78, effective November 10, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 46 SDR 119, effective May 4, 2020.
  • General Authority: SDCL 47-11B-23.
  • Law Implemented: SDCL 47-11B-3.
ARSD 20:50:11:03 Renewal of certificate of registration

Each registered optometric corporation shall submit to the board by December first of each year an application for renewal of its certificate of registration.

History

  • Source: 12 SDR 78, effective November 10, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 52 SDR 2, effective July 20, 2025.
  • General Authority: SDCL 47-11B-23.
  • Law Implemented: SDCL 47-11B-13.

Chapter 20:50:12

ARSD 20:50:12:01 Complaints

Upon receipt of a written complaint, the board may initiate an investigation pursuant to SDCL chapter 36-1C. Any person filing a complaint shall submit the complaint in writing to the executive secretary, on a form provided by the executive secretary. A complaint is not a public record. An investigation may also be initiated upon receipt by the executive secretary of information sufficient to create a reasonable suspicion that a licensee is in violation of any applicable standard for professional conduct, or that the health or welfare of the public is endangered.

History

  • Source: 41 SDR 109, effective January 12, 2015; 49 SDR 12, effective August 14, 2022.
  • General Authority: SDCL 36-7-15(2).
  • Law Implemented: SDCL 36-7-24, 36-7-25, 36-7-26, 47-11B-7, 47-11B-14, 47-11B-15.
ARSD 20:50:12:02 Investigations

If the complaint alleges a violation of a matter within the board's authority or compliance with licensing standards and requirements, the executive secretary shall promptly investigate the complaint or provide the complaint to the board investigator for investigation pursuant to SDCL chapter 36-1C. The board shall give written notice to the licensee of the complaint, along with a statement that the licensee is entitled to due process rights, including the right to notice and an opportunity to be heard and to be represented by counsel. The licensee shall provide a written response to the complaint, which the licensee must provide to the executive secretary within twenty days of receipt of the request. The board must notify the licensee that a copy of that response may be provided to the complainant. Upon completion of a complaint investigation, the investigator shall prepare a report to present to the executive secretary of the investigator's findings and conclusions for review. Upon review of the investigator's report, the executive secretary may direct further investigation of the matter.

History

  • Source: 41 SDR 109, effective January 12, 2015; 49 SDR 12, effective August 14, 2022.
  • General Authority: SDCL 36-7-15(2).
  • Law Implemented: SDCL 36-7-24, 36-7-25, 36-7-26, 47-11B-7, 47-11B-14, 47-11B-15.
ARSD 20:50:12:03 Completion of complaint investigation

Upon completion of a complaint investigation, the board may impose the following sanctions after a determination that a violation exists:

(1) A letter of concern, which must be placed in the licensee's permanent record. A letter of concern is not a public record;

(2) Formal reprimand;

(3) Require that the licensee comply with specified terms and conditions;

(4) Probation of license to practice optometry in this state;

(5) Suspension of license to practice optometry in this state;

(6) Revocation of license to practice optometry in this state; or

(7) Restitution and payment of all costs and expenses of the investigation and proceedings, including attorney fees.

If the licensee disputes the determination, a contested case hearing must be held pursuant to SDCL chapters 1-26 and 36-1C. Pursuant to SDCL 1-26-20, informal disposition may be made by stipulation, agreed settlement, consent order, or default. A final action taken in disposition of a complaint matter is public unless otherwise provided for by law.

If the board questions the competency of the licensee, the board may require a licensee to demonstrate competency by completing the National Board of Clinical Skills examination or retake any portion of the national board examinations. Failure to comply with the board's request may be grounds for further disciplinary action.

History

  • Source: 41 SDR 109, effective January 12, 2015; 49 SDR 12, effective August 14, 2022.
  • General Authority: SDCL 36-7-15(2).
  • Law Implemented: SDCL 36-7-24, 36-7-25, 36-7-26, 47-11B-7, 47-11B-14, 47-11B-15.
ARSD 20:50:12:04 Status of complainant

The complainant is not a party to any contested case hearing resulting from the investigation of a complaint, although the complainant may be called as a witness in the hearing. The board shall notify a complainant of any public final action taken by the board as a result of a complaint.

History

  • Source: 41 SDR 109, effective January 12, 2015; 49 SDR 12, effective August 14, 2022.
  • General Authority: SDCL 36-7-15(2).
  • Law Implemented: SDCL 36-7-24, 36-7-25, 36-7-26, 47-11B-7, 47-11B-14, 47-11B-15.
ARSD 20:50:12:05 Failure to renew during investigation

If an optometrist fails to renew the license after notification that the board has initiated an investigation, the board shall report the license as "withdrawn under investigation" in the board's permanent license file and in any national databases to which the board is required to report licensure action.

History

  • Source: 41 SDR 109, effective January 12, 2015; 49 SDR 12, effective August 14, 2022.
  • General Authority: SDCL 36-7-15(2).
  • Law Implemented: SDCL 36-7-24, 36-7-25, 36-7-26, 47-11B-7, 47-11B-14, 47-11B-15.
ARSD 20:50:12:06 Costs of disciplinary actions

The board may assess against a licensee or applicant all or part of its expenses, including investigator and attorney fees, associated with a contested case proceeding that results in disciplinary action. If assessing such expenses, a statement of expenses must be presented to the board or hearing examiner at the time proposed findings of fact and conclusions of law are submitted.

History

  • Source: 41 SDR 109, effective January 12, 2015; 49 SDR 12, effective August 14, 2022.
  • General Authority: SDCL 36-7-15(2).
  • Law Implemented: SDCL 1-26-29.1.

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