N.H. Code Admin. R. Ann. Opt — Board of Registration in Optometry

Chapter Opt 100 Organization, Definitions and Public Information

Part Opt 101 Purpose and Scope

N.H. Code Admin. R. Ann. Opt 101.01 Purpose and Scope {#sec-opt-101.01 omnilex-key=us-nh-regs-official--agency-opt--Opt 101.01}

The rules of this title implement the following authority and responsibilities of the Board of Optometry:

(a) Examination and licensing of optometrists;

(b) Oversight and discipline of licensees;

(c) Development of ethical and other professional standards to be followed by licensees; and

(d) Development of continuing professional education requirements and other prerequisites for the renewal or reinstatement of licenses.

History

• (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00
• #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01
• #7607, eff 12-5-01

Part Opt 102 Definitions

N.H. Code Admin. R. Ann. Opt 102.01 Terms Used {#sec-opt-102.01 omnilex-key=us-nh-regs-official--agency-opt--Opt 102.01}

As used in these rules, the following terms shall have the meanings indicated:

(a) “Board” means the board of registration in optometry created by RSA 327:2;

(b) “Licensee” means a person holding a license, certificate, or registration issued by the office of professional licensure and certification (OPLC);

(c) “Out of state contact lens dispenser” means any non-pharmacy business organization physically located outside of New Hampshire that offers contact lenses for retail sale to customers inside New Hampshire;

(d) “Prescription” means the written specifications for a spectacle lens or contact lens, necessary for the manufacture of such lens;

(e) “Pharmaceutical agent” means “pharmaceutical agent” as defined in RSA 327:1, III, namely, “the following pharmaceutical products:

(f) Non-legend, over the counter, agents;

(g) Mydriatic and cycloplegic agents which are topically applied.

(h) Miotic agents approved pursuant to RSA 327:6-a, VI.

(i) Antibiotics, sulfonomides, and combinations thereof, which are topically applied or orally administered to treat or alleviate the effects of disease or abnormal conditions of the human eye, adnexa, and eyelids, or structures posterior to the iris, approved pursuant to RSA 327:6-a, VI.

(j) Anti-allergy medications, including but not limited to antihistamines, decongestants, and mast-cell stabilizers which are topically applied.

(k) Anesthetics and dyes which are topically applied.

(l) Ocular lubricants and hypertonic agents which are topically applied.

(m) Orally administered analgesic agents used for the purpose of alleviating pain caused by a disease or abnormal condition of the human eye or eyelid, or structures posterior to the iris. This may include class III and IV controlled substances approved pursuant to RSA 327:6-a, VI and included in the formulary.

(n) Other pharmaceutical agents, any solely diagnostic agents, and diagnostic agents combined with pharmaceutical agents as defined in this paragraph and as approved pursuant to RSA 327:6-a, VI.

(o) Non-steroidal anti-inflammatory agents approved pursuant to RSA 327:6-a, VI.

(p) Anti-glaucoma agents provided that an optometrist may dispense or prescribe such agents if the optometrist has met the requirements of RSA 327:6-c.

(q) Corticosteroids which are topically applied, as approved by the board.

(r) Antivirals which are approved pursuant to RSA 327:6-a, VI.

(s) Corticosteroids or antivirals, provided that optometrists with patients on corticosteroids or antivirals who demonstrate no improvement in 10 days shall be referred to an ophthalmologist.

(t) Influenza, COVID-19, and shingles vaccines which have been approved by the Food and Drug Administration to adults.”

(u) “Therapeutic pharmaceutical agents (TPA)” means such agents used in the diagnosis and treatment of illnesses of the eyes;

(v) “TPA-certified” means that the licensee has obtained the necessary training and qualifications to administer therapeutic pharmaceutical agents in the practice of optometry; and

(w) “TPA/G-certified” means that the licensee has obtained the necessary training and qualifications to administer therapeutic pharmaceutical agents in the practice of optometry, including the treatment of glaucoma.

`

History

• (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94; amd by #6098, eff 10-1-95, all but paragraph (d) EXPIRED: 6-17-00; amd by #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01
• #7607, eff 12-5-01; amd by #7854, eff 3-12-03; ss by #14211, eff 5-10-25

Part Opt 103 Agency Organization

N.H. Code Admin. R. Ann. Opt 103.01 Composition of the Board {#sec-opt-103.01 omnilex-key=us-nh-regs-official--agency-opt--Opt 103.01}

(a) The board shall consist of 5 members who meet the eligibility requirements of RSA 327:2.

(b) In January of each year, the board shall elect one member to serve as chair and one member to serve as vice chair for the coming year.

(c) The chair and vice chair shall serve no more than 2 consecutive one-year terms.

History

• (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00
• #7325, eff 7-28-00
• #7607, eff 12-5-01; ss by #14211, eff 5-10-25

N.H. Code Admin. R. Ann. Opt 103.02 Office Hours, Office Location, Mailing Address, Telephone, and TTY/TDD {#sec-opt-103.02 omnilex-key=us-nh-regs-official--agency-opt--Opt 103.02}

(a) The board's offices are located at:

Office of Professional Licensure and Certification

7 Eagle Square

Concord, NH 03301

(b) The offices are open to the public Monday through Friday, excluding state legal holidays, from 8:00 a.m. to 4:00 p.m.

(c) Correspondence shall be addressed to the board at the location stated in Opt 103.02(a).

(d) The office of professional licensure and certification (OPLC) telephone number is (603) 271-2152.

(e) The OPLC’s TTY/TTD number is 1-800-735-2964.

History

• (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00
• #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01
• #7607, eff 12-5-01; ss by #14211, eff 5-10-25 (formerly Opt 103.03)

Part Opt 104 Public Requests for Information

N.H. Code Admin. R. Ann. Opt 104.01 Record of Board Actions {#sec-opt-104.01 omnilex-key=us-nh-regs-official--agency-opt--Opt 104.01}

Minutes shall be kept of all board meetings and all official actions taken by the board. These minutes shall record those members who participate in each vote and shall separately record the position of any members who choose to dissent, abstain, or concur. Board minutes shall be public records and shall be available for inspection in compliance with RSA 91-A.

History

• (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00
• #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01
• #7607, eff 12-5-01; ss by #14211, eff 5-10-25

N.H. Code Admin. R. Ann. Opt 104.02 Records Requests {#sec-opt-104.02 omnilex-key=us-nh-regs-official--agency-opt--Opt 104.02}

Requests for records shall be made in accordance with Plc 103.

History

• (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00
• #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01
• #7607, eff 12-5-01; ss by #14211, eff 5-10-25

Part Opt 105 Meetings, Deliberations and Decisions

N.H. Code Admin. R. Ann. Opt 105.01 Meetings {#sec-opt-105.01 omnilex-key=us-nh-regs-official--agency-opt--Opt 105.01}

The board shall meet 6 times a year and at such additional times as shall be called for by the president or by vote of the board.

History

• (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00
• #7325, eff 7-28-00

N.H. Code Admin. R. Ann. Opt 105.02 Quorum {#sec-opt-105.02 omnilex-key=us-nh-regs-official--agency-opt--Opt 105.02}

A quorum shall be required to hold a meeting, conduct a hearing, or receive information of any kind, and final action shall be taken only by the affirmative vote of a majority of the board members eligible to participate in the matter in question.

History

• (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00
• #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01
• #7607, eff 12-5-01; ss by #14211, eff 5-10-25

Part Opt 106 Appointment of Committees

N.H. Code Admin. R. Ann. Opt 106.01 Committees {#sec-opt-106.01 omnilex-key=us-nh-regs-official--agency-opt--Opt 106.01}

A committee shall consist of one or more board members who have been directed by the board to research matters and make recommendations on those matters which are within the scope of the board’s authority.

History

• (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00
• #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01
• #7607, eff 12-5-01; ss by #14211, eff 5-10-25

Chapter Opt 200 Rules of Practice and Procedure

Part Opt 201 Applicability and Waiver of Substantive Rules

N.H. Code Admin. R. Ann. Opt 201.01 Rules of Practice and Procedure {#sec-opt-201.01 omnilex-key=us-nh-regs-official--agency-opt--Opt 201.01}

The Plc 200 rules shall govern with regards to all procedures for:

(a) Adjudicatory proceedings;

(b) Rulemaking submissions, considerations, and dispositions of rule making petitions;

(c) Public comment hearings;

(d) Declaratory rulings;

(e) All statements of policy and interpretation;

(f) Explanation of adopted rules; and

(g) Voluntary surrender of licenses.

History

• (See Revision Note at chapter heading for Opt 200) #13899, eff 5-11-24

N.H. Code Admin. R. Ann. Opt 201.02 Waiver of Administrative Rules {#sec-opt-201.02 omnilex-key=us-nh-regs-official--agency-opt--Opt 201.02}

(a) The board shall initiate a waiver of a substantive rule upon its own motion by providing affected parties with notice and opportunity to be heard, and issuing an order which finds that waiver would be necessary to advance the purpose of the rules of the board.

(b) Individuals who wish to request a waiver of a rule shall submit a written request to the board, which includes:

(1) The rule for which a waiver is requested;

(2) The anticipated length of time the requested waiver will be needed;

(3) The reason for requesting the waiver;

(4) Evidence of how the waiver will provide for the health and safety of the consumer or licensee;

(5) A time-limited written compliance plan which sets forth plans to achieve compliance including an estimated date of compliance; and

(6) The signature of the applicant.

(c) The board shall consider the following when determining whether to approve or deny a waiver:

(1) If adherence to the rule would cause the petitioner unnecessary or undue hardship;

(2) If the requested waiver is necessary because of any neglect or misfeasance on the part of the practitioner;

(3) If enforcement of the rule would injure a third person(s); and

(4) If waiver of the rule would injure a third person(s).

(d) The board shall approve a waiver of an administrative rule request only if:

(1) Granting a waiver does not have the effect of waiving or modifying a provision of RSA 327;

(2) The petitioner has shown good cause exists pursuant to (c) above to waive the rule; and

(3) The board determines that the individual’s plans for compliance with the rule includes an estimated date of compliance and eventual compliance.

(e) If the board, after receiving and reviewing a request for a waiver, requires further information or documentation to grant or deny the waiver, the board shall:

(1) Notify the applicant in writing within 30 days; and

(2) Specify the information or documentation the board requires.

(f) The board shall issue a written approval or denial of the waiver within 60 days of the date the request is received, unless additional information or documentation is required. If additional information and documentation is required, then the board shall issue a written approval or denial within 60 days of receiving the requested information or documentation.

History

• (See Revision Note at chapter heading for Opt 200) #13899, eff 5-11-24

Chapter Opt 300 Applications for Initial Licensure

Part Opt 301 Licensure by Examination

N.H. Code Admin. R. Ann. Opt 301.01 Application Process {#sec-opt-301.01 omnilex-key=us-nh-regs-official--agency-opt--Opt 301.01}

(a) Any person who is not licensed as an optometrist in any state or other jurisdiction and who wishes to apply for a license in New Hampshire shall do so by submitting the application required by Opt 301.02, and the application fees required by Plc 1001.08 and Plc 1002.37.

(b) The application and supporting documents shall be processed in accordance with Plc 304.06 through Plc 304.11.

History

• (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00
• #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01
• #7670, eff 4-4-02, EXPIRED: 4-4-10
• #9756, eff 7-20-10; ss by #12383, eff 9-16-17; ss by #14242, eff 6-21-25, EXPIRES: 6-21-35

N.H. Code Admin. R. Ann. Opt 301.02 Application Forms and Supporting Documents {#sec-opt-301.02 omnilex-key=us-nh-regs-official--agency-opt--Opt 301.02}

(a) Applicants shall complete and submit the following applications:

(1) The “Universal Application for Initial Licensure” required by Plc 304.01(a)(1); and

(2) The “Optometrist Addendum to the Universal Application for Initial Licensure” by providing the following information:

a. All names the applicant has ever been known by;

b. Whether or not the applicant has passed all parts of the National Board of Examiners in Optometry (NBEO) or any successor agency exam;

c. If the answer to (2) b., above is in the affirmative, whether the applicant has requested that the NBEO forwarded a certified copy of the score report directly to the OPLC;

d. Whether or not the applicant has passed the New England Regional Clinical Optometric Assessment Testing Service (NERCOATS) exam;

e. If the answer to (4) d. above is in the affirmative, whether the applicant has requested the testing authority forward the certified score report directly to the OPLC; and

f. Whether or not the applicant graduated from an accredited college of optometry prior to January 1, 1993, pursuant to RSA 327:6-a, II;

g. If the applicant answered (6) f. above in the affirmative, whether the applicant successfully completed a 105-hour post-graduate course that meets the requirements of Opt 301.03(c); and

h. If the applicant answered (7) g. above in the affirmative, whether the applicant requested that the college of optometry provide a certificate of completion showing fulfillment of all the requirements of Opt 301.03(c) to the OPLC.

(b) Applicants for licensure shall submit in support of the applications listed in (a) above the following documents:

(1) If the applicant took the national examination after December 1, 1993, proof of passage of all parts of the NBEO exam;

(2) If the applicant passed the NBEO exam prior to December 1, 1993, proof of passage of the separate Therapeutic Management of Ocular Disease (TMOD) exam given by the NBEO pursuant to Opt 301.05(d), and sent directly to the OPLC by the NBEO;

(3) A copy of a valid certificate verifying that the applicant has completed a program that certifies ability to perform cardio-pulmonary resuscitation (CPR) for adult, child, and infant life support.

History

• (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00
• #7433, eff 1-25-01, EXPIRED: 1-25-09
• #9558, eff 10-6-09; ss by #12383, eff 9-16-17; ss by #14242, eff 6-21-25, EXPIRES: 6-21-35

N.H. Code Admin. R. Ann. Opt 301.03 Educational Qualifications {#sec-opt-301.03 omnilex-key=us-nh-regs-official--agency-opt--Opt 301.03}

(a) Each applicant for licensure shall have completed a minimum of 2 years at a college of arts and sciences.

(b) Each applicant shall have graduated from an optometry college which requires a minimum of 4 years of training and is accredited by an established accrediting body recognized by the U.S. Department of Education.

(c) Applicants, who graduated from optometry college prior to January 1, 1993, shall have completed a total of 105 hours of post-graduate coursework which meet the following requirements:

(1) The post-graduate courses shall be given or sponsored by an accredited college of optometry, as specified in Opt 301.03(b);

(2) The post-graduate coursework shall include a total of 80 hours of didactic instruction made up of the following subjects:

a. General, systemic, and ocular pharmacology;

b. Diagnosis and treatment of anterior segment disease;

c. Diagnosis and treatment of glaucoma; and

d. Pre-surgical and post-surgical care; and

(3) The post-graduate coursework shall include at least 25 hours of direct clinical training that includes all subjects listed above.

(d) Each applicant shall arrange for the college of optometry to submit a certificate of completion of the requirements of Opt 301.03 directly to the OPLC.

(e) Education gained in the armed services, to be creditable, shall be of a character equivalent to that which would have been gained in the civilian sector.

History

• (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94; ss by #6797, eff 7-10-98; ss by #7433, eff 1-25-01; EXPIRED: 1-25-09
• #9558, eff 10-6-09; ss by #12383, eff 9-16-17; ss by #14242, eff 6-21-25, EXPIRES: 6-21-35

N.H. Code Admin. R. Ann. Opt 301.04 Character Qualifications {#sec-opt-301.04 omnilex-key=us-nh-regs-official--agency-opt--Opt 301.04}

An application shall be denied if:

(a) The applicant, or someone acting on the applicant's behalf, has submitted false information to the OPLC which is material to the board’s or the OPLC’s assessment of the applicant’s qualifications for licensure, or has neglected to disclose information which is material to the board’s or the OPLC’s assessment of the applicant’s qualifications for licensure;

(b) Evidence of past disciplinary action taken by another licensing body indicates the applicant cannot be relied upon to practice competently, safely, and honestly, or to adhere to the ethical standards required by Opt 502.01;

(c) Evidence of convictions of a felony or misdemeanor indicates the applicant cannot be relied upon to practice competently, safely, and honestly, or to adhere to the ethical standards required by Opt 502.01;

(d) The applicant failed to pass all parts of the NBEO Exam which was administered by the NBEO or any successor agency;

(e) The applicant graduated from optometry college described in Opt 301.03(c) before January 1, 1993, and failed to take and pass the TMOD examination; and

(f) The applicant failed to pass a clinical proficiency examination given by NBEO, Northeast Regional Clinical Optometric Assessment Testing Service (NERCOATS), or their successors.

History

• (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00
• #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01
• #7670, eff 4-4-02, EXPIRED: 4-4-10
• #9756, eff 7-20-10; ss by #12383, eff 9-16-17; ss by #14242, eff 6-21-25, EXPIRES: 6-21-35

N.H. Code Admin. R. Ann. Opt 301.05 Written Examination {#sec-opt-301.05 omnilex-key=us-nh-regs-official--agency-opt--Opt 301.05}

(a) All applicants shall pass all parts of the NBEO Exam which shall be administered by the NBEO or any successor agency.

(b) An applicant who passed the NBEO Exam prior to December 1, 1993, shall also show proof of passage of the TMOD.

(c) The OPLC, on the board’s behalf, shall administer an examination consisting of questions requiring knowledge of RSA 327, rules of the board, and current federal and state laws pertaining to prescriptive privileges and requirements, including those pertaining to controlled substances. The passing grade shall be 75% or greater.

(d) Each applicant shall be informed of the results of the New Hampshire law examination in (c) above within 30 days of the completion of the exam.

History

• (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00
• #7433, eff 1-25-01, EXPIRED: 1-25-09
• #9558, eff 10-6-09; ss by #12383, eff 9-16-17; ss by #14242, eff 6-21-25, EXPIRES: 6-21-35

N.H. Code Admin. R. Ann. Opt 301.06 Proficiency Exam {#sec-opt-301.06 omnilex-key=us-nh-regs-official--agency-opt--Opt 301.06}

(a) An applicant shall successfully pass a clinical proficiency examination given by NBEO, NERCOATS, or its successor agency.

(b) The clinical proficiency examination shall require the applicant to demonstrate clinical proficiency in, but not limited to, the following:

(1) Diagnosis and treatment of visual disorders;

(2) Diagnosis and treatment of ocular diseases;

(3) Use of current instrumentation;

(4) Clinical methods used in optometry; and

(5) Interpretation of the results of these devices and methods.

(c) Each applicant shall arrange for the testing agency to send test scores directly to the OPLC.

History

• (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00
• #7433, eff 1-25-01, EXPIRED: 1-25-09
• #9558, eff 10-6-09; ss by #12383, eff 9-16-17; ss by #14242, eff 6-21-25, EXPIRES: 6-21-35

N.H. Code Admin. R. Ann. Opt 301.07 Prohibition on Pharmaceutical Agents {#sec-opt-301.07 omnilex-key=us-nh-regs-official--agency-opt--Opt 301.07}

No optometrist licensed in New Hampshire shall utilize any pharmaceutical agents unless the therapeutic pharmaceutical agent (TPA) or therapeutic pharmaceutical agent/glaucoma (TPA/G) certification has been issued by the OPLC.

History

• (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00
• #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01
• #7670, eff 4-4-02; ss by #7889, eff 5-20-03, EXPIRED: 5-20-11
• #10243, eff 12-18-12; ss by #12383, eff 9-16-17 (from Opt 301.09); ss by #14242, eff 6-21-25, EXPIRES: 6-21-35 (formerly Opt 301.08)

N.H. Code Admin. R. Ann. Opt 301.08 Application for TPA Certification {#sec-opt-301.08 omnilex-key=us-nh-regs-official--agency-opt--Opt 301.08}

(a) To obtain TPA certification, any optometrist licensed in New Hampshire prior to January 1, 1993, shall complete and submit to the OPLC an “Application for Therapeutic Certification” form.

(b) The applicant shall provide on the “Application for Therapeutic Certification” the following information:

(1) The name and New Hampshire license number of the applicant;

(2) The business address and telephone number of the applicant; and

(3) Whether or not the applicant has successfully passed the TMOD exam given by the NBEO;

(c) The applicant shall provide the following information with the form:

(1) A copy of an original certified certificate from the American Heart Association, American Red Cross, National Safety Council, or American Safety and Health Institute qualified instructor showing that the applicant has successfully completed a course in CPR, level C, for adult and child life support; and

(2) A letter or transcripts from an accredited college of optometry in the United States showing proof of passage of a 105-hour post-graduate level course in the treatment and management of ocular disease which shall include at least 25 hours of direct clinical training.

History

• (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00
• #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01
• #7670, eff 4-4-02, EXPIRED: 4-4-10
• #9756, eff 7-20-10; ss by #9801, eff 10-19-10; ss by #12383, eff 9-16-17 (formerly Opt 301.10); ss by #14242, eff 6-21-25, EXPIRES: 6-21-35 (formerly Opt 301.09)

Part Opt 302 Licensure by Reciprocity

N.H. Code Admin. R. Ann. Opt 302.01 Application Process {#sec-opt-302.01 omnilex-key=us-nh-regs-official--agency-opt--Opt 302.01}

To apply to become licensed as an optometrist by reciprocity, all applicants shall comply with Plc 313.

History

• (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00
• #7433, eff 1-25-01, EXPIRED: 1-25-09
• #9558, eff 10-6-09; ss by #12383, eff 9-16-17; ss by #14242, eff 6-21-25, EXPIRES: 6-21-35

Part Opt 303 Fees

N.H. Code Admin. R. Ann. Opt 303.01 Fees {#sec-opt-303.01 omnilex-key=us-nh-regs-official--agency-opt--Opt 303.01}

Fees shall be as required by Plc 1001.08 and Plc 1002.37.

History

• (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94; amd by #6098, eff 10-1-95, all but paragraphs (g) & (h) EXPIRED: 6-17-00; ss by #7433, eff 1-25-01, EXPIRED: 1-25-09
• #9558, eff 10-6-09; ss by #12383, eff 9-16-17; ss by #12865, eff 9-10-19; ss by #14242, eff 6-21-25, EXPIRES: 6-21-35

Part Opt 304 Registration of Out of State Contact Lens Dispensers

N.H. Code Admin. R. Ann. Opt 304.01 Application for Registration as an Out of State Contact Lens Dispenser {#sec-opt-304.01 omnilex-key=us-nh-regs-official--agency-opt--Opt 304.01}

Applicants for registration as an out of state contact lens dispenser shall pay the registration fees required by Plc 1001.08 and Plc 1002.37 and complete and submit to the OPLC the “Application for Registration as an Out of State Contact Lens Dispenser” by providing the following information:

(a) The name and address of the business;

(b) The telephone number of the business;

(c) The type of business organization and the names and titles of all principal owners or officers of the business;

(d) The names and business addresses of all subsidiaries, branches, or divisions of the business which provide spectacles or contact lenses for retail sale or which provide optometric or ophthalmic care;

(e) Whether or not the business is in compliance with all applicable laws and regulations in the state in which it is physically located;

(f) If the answer to (e) above is in the negative, provide a detailed explanation of the no answer;

(g) Whether or not the business will comply with all applicable laws and regulations in the conduct of its business in New Hampshire;

(h) If the answer to (g) above is in the negative, provide a detailed explanation of the no answer; and

(i) The signature and date of signing of the principal owner or officer of the business.

History

• #6098, eff 10-1-95; amd by #6717, eff 3-24-98, EXPIRED: 3-24-06
• #9342, eff 12-9-08, EXPIRED: 12-9-16
• #12108, INTERIM, eff 2-21-17, EXPIRED: 8-20-17
• #12383, eff 9-16-17; ss by #14242, eff 6-21-25, EXPIRES: 6-21-35

N.H. Code Admin. R. Ann. Opt 304.02 Duties of Out of State Contact Lens Dispensers {#sec-opt-304.02 omnilex-key=us-nh-regs-official--agency-opt--Opt 304.02}

(a) Out of state contact lens dispensers shall register and receive a permit from the OPLC pursuant to RSA 327:25-a, and shall comply with the applicable provisions of RSA 327 and the rules adopted thereunder.

(b) Out of state contact lens dispensers shall only accept prescriptions from licensed optometrists which meets the requirements of Opt 502.02(q) and from licensed ophthalmologists.

(c) Out of state contact lens dispensers shall notify, in writing, the optometrist who issued the prescription whenever that prescription is filled by the out of state dispenser.

(d) Facsimile copies of prescription forms shall be valid for use by out of state contact lens dispensers pursuant to Opt 502.03(d).

(e) Out of state contact lens dispensers shall not sell contact lenses at retail to anyone in New Hampshire unless they are in possession of a written prescription which meets the requirements of Opt 502.02(q).

History

• #6098, eff 10-1-95; ss by #7670, eff 4-4-02, EXPIRED: 4-4-10
• #9756, eff 7-20-10; ss by #12383, eff 9-16-17 (formerly Opt 304.03); ss by #14242, eff 6-21-25, EXPIRES: 6-21-35

Part Opt 305 Facilitated Licensing for Active Military and Military Spouses

N.H. Code Admin. R. Ann. Opt 305.01 Licensing for Active Duty Military and Military Spouses {#sec-opt-305.01 omnilex-key=us-nh-regs-official--agency-opt--Opt 305.01}

Active duty military and military spouses shall apply for facilitated licensing in accordance with Plc 304.02.

History

• #12383, eff 9-16-17 ss by #14242, eff 6-21-25, EXPIRES: 6-21-35

Chapter Opt 400 License Renewal and Continuing Education

Part Opt 401 License Renewal

N.H. Code Admin. R. Ann. Opt 401.01 Expiration of License {#sec-opt-401.01 omnilex-key=us-nh-regs-official--agency-opt--Opt 401.01}

A license shall automatically expire on July 1 every 2 years, unless prior to that time the board receives an application for license renewal pursuant to this chapter.

History

• (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00
• #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01
• #7670, eff 4-4-02, EXPIRED: 4-4-10
• #9756, eff 7-20-10; ss by #12383, eff 9-16-17

N.H. Code Admin. R. Ann. Opt 401.02 Renewal of License {#sec-opt-401.02 omnilex-key=us-nh-regs-official--agency-opt--Opt 401.02}

On or before June 30 of each year in which a license is due to expire, any licensee wishing to renew a license shall submit the renewal application form supplied by the board along with the fee specified by Opt 303.01 Table 303.1 and proof of completion of continuing education.

History

• (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00
• #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01
• #7670, eff 4-4-02, EXPIRED: 4-4-10
• #9756, eff 7-20-10; ss by #12383, eff 9-16-17

N.H. Code Admin. R. Ann. Opt 401.03 Renewal Application {#sec-opt-401.03 omnilex-key=us-nh-regs-official--agency-opt--Opt 401.03}

(a) Before May 1 of each year in which a license is due to expire, the board shall mail to every optometrist licensed in the state a renewal application pursuant to RSA 327:13.

(b) The licensee shall file a renewal application form provided by the board and tender the renewal fee specified by Opt 303.01 Table 303.1 Fee Schedule.

(c) The licensee shall provide the following on or with the renewal application form:

(1) Name of the optometrist who is renewing;

(2) Office address(es) and phone number(s) of the optometrist who is renewing;

(3) A statement indicating whether the applicant is actively practicing optometry;

(4) Home address of the optometrist who is renewing;

(5) A statement that the information included in the applicant's initial application has not changed except to the extent it has been previously disclosed to the board or is disclosed and described in an attachment to the renewal application;

(6) Whether the applicant has been the subject of disciplinary action, or has been denied a license or surrendered a license in any state or jurisdiction during the past 12 months; and

(7) Signature of applicant and date signed.

History

• (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00
• #7433, eff 1-25-01, EXPIRED: 1-25-09
• #9558, eff 10-6-09; ss by #12383, eff 9-16-17

N.H. Code Admin. R. Ann. Opt 401.04 Reinstatement of License {#sec-opt-401.04 omnilex-key=us-nh-regs-official--agency-opt--Opt 401.04}

(a) A licensee who fails to renew the license before July 1 of the year in which the license expires may request reinstatement by the board.

(b) If the license of an applicant applying for reinstatement of license has been lapsed for more than 30 days, the applicant for reinstatement shall provide on or with a “O.D. Reinstatement Application” form, effective August 2017, provided by the board:

(1) A completed reinstatement application including the same information required in Opt 301.02(a)-(s) excluding Opt 301.02(c)-(g), (j) and (o);

(2) Proof of completion of continuing education which meets the requirements of Opt 402; and

(3) The fee for reinstatement as specified in Opt 303.01 Tabled 303.1 Fee Schedule.

(c) Applicants for reinstatement of a revoked license shall have the burden of persuading the board that the actions which were the basis for the original disciplinary action have been satisfactorily remediated, that no additional charges of misconduct are pending, and that the applicant meets all the character and competency requirements of an applicant for initial licensure.

(d) If the license of an applicant applying for reinstatement of license has been lapsed for 30 days or less, the applicant shall only be required to submit the following:

(1) The completed “O.D. 30 Day Reinstatement Application” form, effective August 2017, including the same information required in Opt 301.02(a)-(s) excluding (c)-(h), (j)-(k) and (o);

(2) The payment of the reinstatement fee as specified in Opt 303.01 Table 303.1 Fee Schedule; and

(3) Proof of completion of continuing education which meets the requirements of Opt 402.

History

• (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00
• #7433, eff 1-25-01, EXPIRED: 1-25-09
• #9558, eff 10-6-09; ss by #12383, eff 9-16-17

N.H. Code Admin. R. Ann. Opt 401.05 Denial of Renewal {#sec-opt-401.05 omnilex-key=us-nh-regs-official--agency-opt--Opt 401.05}

The board shall deny an application for renewal of a license, after providing notice to the applicant of the opportunity to be heard, in the event that the board receives information which is supported by the preponderance of the evidence that:

(a) The applicant’s continuing competency has not been demonstrated as required by Opt 402;

(b) The applicant has failed to provide materially complete or materially accurate information on the renewal application;

(c) Discipline has been imposed under Opt 501.05 for any unethical act; or

(d) Reasons exist for which an initial application could be denied under Opt 301.04.

History

• (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00
• #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01
• #7670, eff 4-4-02, EXPIRED: 4-4-10
• #9756, eff 7-20-10; ss by #12383, eff 9-16-17

N.H. Code Admin. R. Ann. Opt 401.06 Renewal of Registration of Out of State Contact Lens Dispensers {#sec-opt-401.06 omnilex-key=us-nh-regs-official--agency-opt--Opt 401.06}

(a) Registration as an out of state contact lens dispenser shall expire on June 30 of each year unless prior to that time the board has granted renewal of the registration.

(b) Any registrant wishing to renew a registration shall file the renewal application form specified in Opt 401.07 on or before June 30 of each year along with the fee specified in Opt 303.01.

(c) Failure of a registrant to renew on or before June 30 shall cause the registration to lapse. The registration shall not be renewed and the business shall be required to apply for registration as specified in Opt 304.01.

History

• #12383, eff 9-16-17 (formerly Opt 304.02)

N.H. Code Admin. R. Ann. Opt 401.07 Renewal Application for Out of State Contact Lens Dispensers {#sec-opt-401.07 omnilex-key=us-nh-regs-official--agency-opt--Opt 401.07}

Applicants for renewal of an out of state contact lens dispenser registration shall provide the following on a form supplied by the board:

(a) Name and address of business;

(b) Telephone number of business;

(c) Signature of principal business owner; and

(d) Any changes from the original application as identified in Opt 304.01.

History

• #12383, eff 9-16-17 (formerly Opt 304.04)

Part Opt 402 Continuing Education

N.H. Code Admin. R. Ann. Opt 402.01 Continuing Education Required {#sec-opt-402.01 omnilex-key=us-nh-regs-official--agency-opt--Opt 402.01}

(a) All Therapeutic Pharmaceutical Agents (TPA) certified licensed optometrists shall complete a minimum of 50 credit hours of approved continuing education (CE) requirements every year, at least 20 credit hours of which shall be in Class I, and the remainder of which shall be Class II. When accumulating Class I credit hours, 8 of the 20 hours may be alternative CE, as defined in Opt 402.04(a)(2), and the balance shall come from formal CE, as defined in Opt 402.04(a)(1). An optometrist with prescriptive authority to treat glaucoma shall complete 10 of the required hours in glaucoma specific education, a minimum of 7 hours of which shall be in Class I, and the remainder in Class II.

(b) Class I credit hours shall be accumulated through participation in formal courses and alternative CE that meet the requirements of Opt 402.04.

(c) Class II credit hours shall be earned through independent study documented as required by Opt 402.04.

(d) Licensees who possesses a United States Drug Enforcement Administration (DEA) number shall complete 3 hours of online continuing education or pass an online examination in the area of pain management, addiction disorder, or combination of both. The 3 hours shall not count toward the 8 alternative CE requirements described in (a) above.

History

• (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00
• #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01
• #7670, eff 4-4-02; amd by #7889, eff 5-20-03; amd by #9342, eff 12-9-08, EXPIRED: 12-9-16
• #12108, INTERIM, eff 2-21-17, EXPIRED: 8-20-17
• #12383, eff 9-16-17; ss by #12778, eff 5-14-19; ss by #13848, eff 3-9-24

N.H. Code Admin. R. Ann. Opt 402.02 Continuing Education for Non-TPA Certified Optometrists {#sec-opt-402.02 omnilex-key=us-nh-regs-official--agency-opt--Opt 402.02}

All non-TPA certified licensed optometrists shall complete 15 hours per year of Class I credits each calendar year, 2 hours of which may be alternative CE, as defined in Opt 402.04(a)(2) and the balance shall come from formal course credit hours, as defined in Opt 402.04(a)(1).

History

• (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00
• #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01
• #7670, eff 4-4-02; ss by #9342, eff 12-9-08, EXPIRED: 12-9-16
• #12108, INTERIM, eff 2-21-17, EXPIRED: 8-20-17
• #12383, eff 9-16-17

N.H. Code Admin. R. Ann. Opt 402.03 Continuing Education Form {#sec-opt-402.03 omnilex-key=us-nh-regs-official--agency-opt--Opt 402.03}

(a) Continuing education shall be reported to the board annually on or before April 1 on, as applicable, a “Continuing Education Form”, effective August 2017, or an “Annual Audit Continuing Education Form”, effective August 2017, provided by the board.

(b) The licensee shall include the following information regarding continuing education compliance:

(1) The name, home address, and business address of the licensee;

(2) The license number;

(3) The course topic, dates of attendance and number of hours approved for Class I continuing education;

(4) The course title, activity, dates of study, content of study and number of hours of Class II continuing education; and

(5) The signature of the licensee certifying that the hours of continuing education claimed on this form represent actual hours spent in the pursuit of the stated educational goal.

History

• (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00
• #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01
• #7670, eff 4-4-02; amd by #7889, eff 5-20-03, EXPIRED: 5-20-11
• #10243, eff 12-18-12; ss by #12383, eff 9-16-17

N.H. Code Admin. R. Ann. Opt 402.04 Approved Continuing Education {#sec-opt-402.04 omnilex-key=us-nh-regs-official--agency-opt--Opt 402.04}

(a) Class I continuing education credit hours shall be accumulated as follows:

(1) “Formal CE” means participation in workshops, seminars, conferences, courses, and related facility based in-services, such as hospital rounds or its equivalent. Formal CE given by the American Academy of Optometry, the American Optometric Association and any state or regional affiliate, or any accredited college of optometry, medicine or pharmacy, or approved by the Council on Optometric Practitioner Education (COPE), shall be automatically approved as Class I; and

(2) “Alternative CE” means “non-live” CE and includes, but is not limited to, internet, teleconferences and DVD education. The subject matter shall be acceptable for Class I CE. Alternative CE shall be COPE approved or provided by a college of optometry, medicine or osteopathy, or by the American Academy of Optometry, the American Optometric Association or any state or regional affiliate. Alternative CE shall include an examination with a passing grade.

(b) A course of practice management shall not be approved as Class I continuing education for purposes of Opt 402.04(a).

(c) Formal continuing education offered by sponsors other than those identified in Opt 402.04(a)(1), above, shall be approved for class I credit only if the board receives a letter from a licensee of the board requesting such approval at least 45 days prior to the starting date of the course which requests approval, and the board determines that the course is relevant to the practice of optometry.

(d) Requests for approval pursuant to (c) above shall be approved provided that such requests contain the following information:

(1) A description of the sponsoring agency;

(2) The title, location and date of the course;

(3) A description of all subjects covered by the course;

(4) The total hours of study involved in the course and a breakdown of the time devoted to each of the subjects covered by the course;

(5) The name(s) and professional qualifications of the instructor(s);

(6) A statement that attendees who are present for the entire course shall be given an attendance certificate for license renewal purposes;

(7) A statement whether the course is approved by a current accrediting agency or another state licensing board; and

(8) The course syllabus.

(e) An approved course shall allow no more than 10 hours of credit for a full day session.

(f) An approved course shall include procedures for checking attendance at each session, and shall provide persons who attend the entire course an attendance certificate for license renewal purposes.

(g) An approved course shall feature subjects, instructors, textbooks and equipment which reflect a current level of optometric education and research.

(h) Class II continuing education hours shall be accumulated through independent study, including optometric, medical and pharmacy journals, textbooks, literature, and internet continuing education courses.

(i) Practice management courses and study shall be accepted as Class II continuing education but shall not exceed 3 hours in any one year period.

(j) CPR courses presented by the American Heart Association, American Red Cross, National Safety Council, or American Safety and Health Institute qualified instructor shall be automatically approved as Class I.

(k) Independent study shall be verified by a statement of completion from the entity providing the course of study or by a complete record of materials including:

(1) The title and author of the material;

(2) The name and source of the material;

(3) The date the study was completed;

(4) The length of time required for completion; and

(5) A summary of the content of study.

History

• (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94; amd by #6797, eff 7-10-98, all but paragraph (d) EXPIRED: 6-17-00; amd by #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01
• #7670, eff 4-4-02; amd by #7889, eff 5-20-03; ss by #9342, eff 12-9-08; amd by #9801, eff 10-19-10; ss by #12108, INTERIM, eff 2-21-17, EXPIRED: 8-20-17
• #12383, eff 9-16-17

N.H. Code Admin. R. Ann. Opt 402.05 Notification of Course Approval {#sec-opt-402.05 omnilex-key=us-nh-regs-official--agency-opt--Opt 402.05}

(a) Upon approval of a continuing education course under Opt 402.04(d), the board shall issue the sponsoring organization a letter of approval.

(b) The letter of approval shall contain the following information:

(1) The title of the course;

(2) The date(s) the course is offered; and

(3) The number of continuing education hours credited.

(c) The licensee shall be responsible for ascertaining that board approval has been given for each course for which he or she requests continuing education credit under Opt 402. Credit shall not be given for unapproved courses.

History

• (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00
• #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01
• #7670, eff 4-4-02, EXPIRED: 4-4-10
• #9756, eff 7-20-10; ss by #12383, eff 9-16-17

N.H. Code Admin. R. Ann. Opt 402.06 Proof of Attendance {#sec-opt-402.06 omnilex-key=us-nh-regs-official--agency-opt--Opt 402.06}

(a) Each licensee shall establish his or her attendance at approved formal continuing education courses by producing a certificate of attendance which, on its face, states:

(1) The name, date and location of the course;

(2) The name of the sponsoring entity;

(3) The number of hours of credit given by the course; and

(4) The name of the licensee.

(b) Each licensee shall establish his or her attendance at approved alternative CE by producing a certificate of participation which, on its face, states:

(1) The name and date of the course;

(2) The name of the sponsoring entity and COPE approval, if applicable;

(3) The number of hours of credit given by the course and the passing grade; and

(4) The name of the licensee.

History

• (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00
• #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01
• #7670, eff 4-4-02; ss by #9342, eff 12-9-08, EXPIRED: 12-9-16
• #12108, INTERIM, eff 2-21-17, EXPIRED: 8-20-17
• #12383, eff 9-16-17

N.H. Code Admin. R. Ann. Opt 402.07 Audit of Continuing Education {#sec-opt-402.07 omnilex-key=us-nh-regs-official--agency-opt--Opt 402.07}

The board shall audit the documentation of continuing education of any licensee if necessary to verify the accuracy of the reported compliance.

History

• #6185, eff 2-16-96; ss by #7670, eff 4-4-02, EXPIRED: 4-4-10
• #9756, eff 7-20-10; ss by #12383, eff 9-16-17

Part Opt 403 Military Status of Licensees

N.H. Code Admin. R. Ann. Opt 403.01 Active Duty {#sec-opt-403.01 omnilex-key=us-nh-regs-official--agency-opt--Opt 403.01}

Military Inactive Status.

(a) The board shall place a licensee on inactive status pursuant to RSA 332-G:7, II upon receipt of:

(1) A written request; and

(2) Proof of active duty service in the Armed Forces of the United States.

(b) The board shall return an inactive licensee to active status upon receipt of:

(1) Payment of the renewal fee;

(2) Proof of completion of the continuing education requirements pursuant to Opt 402; and

(3) Proof that the licensee has not been discharged from service in the Armed Forces of the United States for more than one year.

History

• #12383, eff 9-16-17

Chapter Opt 500 Ethical Standards and Opioid Prescribing

Part Opt 501 Ethical Standards

N.H. Code Admin. R. Ann. Opt 501.01 Obligation to Obey {#sec-opt-501.01 omnilex-key=us-nh-regs-official--agency-opt--Opt 501.01}

(a) The ethical standards set forth in this part shall bind all licensees and out of state contact lens dispensers permitted to sell in this state by the board.

(b) Violation of any requirement set forth in this part shall constitute unprofessional conduct pursuant to RSA 327:20, II(c).

(c) Conduct proscribed by these ethical standards, when performed by a licensee, shall be a basis for initiating disciplinary proceedings as set out in Plc 200.

History

• (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00
• #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01
• #7670, eff 4-4-02, EXPIRED: 4-4-10
• #9756, eff 7-20-10; ss by #12383, eff 9-16-17; ss by #14260, eff 8-2-25, EXPIRES: 8-2-35 (formerly Opt 502) (See Chapter 500 Revision Note)

N.H. Code Admin. R. Ann. Opt 501.02 Standards of Conduct for Licensed Optometrist {#sec-opt-501.02 omnilex-key=us-nh-regs-official--agency-opt--Opt 501.02}

A licensee shall:

(a) Submit only truthful and correct information in any application or other document filed with or statement made to the board;

(b) Inform the board of a principal business address to which all official board communications shall be directed, and also of all addresses where the licensee is practicing. Licensees shall notify the board of a business address establishment or change, or abandonment of a business address with 30 days of such establishment, change, or abandonment;

(c) Make available at the request of any patient a card which bears the following printed information:

"Complaints concerning Optometrists shall be sent to the Office of Professional Licensure and Certification, 7 Eagle Square, Concord NH 03301”;

(d) Refrain from revealing information acquired in the course of treating a patient unless the patient consents to the release of the information or the release is ordered by a court or other official body with authority to acquire such information to the extent necessary to defend their license;

(e) Not terminate a doctor/patient relationship without 60 days’ notice, without making arrangements for referral, or when other circumstances exist which might be expected to jeopardize the health or welfare of the patient. However, a licensee shall have no obligation to accept a particular patient or to continue treating a particular patient when discontinuance would not jeopardize the patient's health or welfare;

(f) Accommodate patient requests for a consultation by another practitioner, even if the licensee does not believe such a consultation is necessary;

(g) Maintain honesty in all dealings with patients, and neither knowingly exaggerate nor minimize the gravity of the patient's condition or the chances of recovery;

(h) Provide each patient with the highest degree of skill and care of which the licensee is capable, and otherwise maintain the health and welfare of the patient as the paramount objective of their practice;

(i) Continually improve skills and knowledge in the field of optometry, keep current on new developments in the field, and offer the same quality of care to each patient the licensee treats, regardless of the level of remuneration the patient can provide;

(j) Report persons who practice optometry without a license or violate the laws or regulations pertaining to the practice of optometry in New Hampshire;

(k) Make no false statement concerning another optometrist's abilities or method of practice;

(l) Provide an itemized, clearly understandable statement of professional charges to all patients;

(m) Not charge or attempt to charge, through the submission of duplicate invoices or any other scheme or device, any amount in excess of the fee agreed to in advance with the patient for any professional service rendered to that patient;

(n) Not engage in bait and switch advertising;

(o) Not advertise any service as free unless the advertisement in question clearly reveals all services which will be or can be performed at the time of the anticipated office visit, and specifically states, as to each such service, whether it will be free, or, if not, the exact amount which shall be charged;

(p) Maintain complete and accurate clinical and business records pertaining to each patient seen for a minimum of 7 years following the last activity on the account;

(q) Within 10 business days, furnish complete and accurate copies of patient records, or in appropriate circumstances, original patient records, upon the patient's request;

(r) Provide a copy of a written prescription for replacement contact lenses to any patient who has met the requirements of RSA 327:25-a;

(s) Utilize pharmaceutical agents for diagnostic or treatment purposes only if the licensee has met the requirements of RSA 327:6-a;

(t) Utilize only those pharmaceutical agents permitted by RSA 327:1 or those agents authorized by RSA 327:6-a;

(u) Utilize pharmaceutical agents for the treatment of glaucoma provided that the licensee has met the requirements of RSA 327:6-c, I(b); and

(v) Comply with the following when describing the licensee’s optometric practice:

(1) A licensee may designate themselves as an O.D., optometrist, or Doctor of Optometry, but shall not use the term “optometric physician”; and

(2) If they so choose, designate themself as having membership, fellowship, or diplomat status from a nationally recognized certifying body.

History

• (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00
• #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01
• #7670, eff 4-4-02, EXPIRED: 4-4-10
• #9756, eff 7-20-10; ss by #12383, eff 9-16-17; ss by #14260, eff 8-2-25, EXPIRES: 8-2-35 (formerly Opt 502) (See Chapter 500 Revision Note)

N.H. Code Admin. R. Ann. Opt 501.03 Standards of Conduct for Out of State Contact Lens Dispensers {#sec-opt-501.03 omnilex-key=us-nh-regs-official--agency-opt--Opt 501.03}

An out of state contact lens dispenser shall:

(a) Not sell, provide, dispense, or furnish contacts lenses to recipients located in this state unless holding a current permit issued by the board;

(b) Submit only truthful and accurate information in any application or other document filed with the board;

(c) Comply with all applicable federal, state, and local laws;

(d) Furnish contact lenses only upon receipt of a current, valid, and unexpired prescription, which shall be originally written, a facsimile or other written electronic transmission specifically noted for contact lenses and contains the patient’s name, the date, and signed by the prescribing professional or verified by direct communication pursuant to federal and state law;

(e) Not substitute any parameters unless the prescription specifically makes allowances for such substitutions or the same contact lens is manufactured by the same company and sold under multiple labels to individual providers. The seller may fill the prescription with a contact lens manufactured by that company under another label;

(f) Not exceed the number of refills noted on the prescription or communicated to the seller during the verification process;

(g) Maintain absolute honesty in all dealings with patients;

(h) Provide an itemized and clearly understandable statement of all charges to the patient with each transaction;

(i) Refrain from “bait and switch” advertising;

(j) Maintain complete and accurate records of prescriptions and business transactions for each consumer for a period of at least 7 years; and

(k) Within 10 business days, furnish complete and accurate copies of patient prescriptions and account records to the board upon its request.

History

• (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00
• #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01
• #7670, eff 4-4-02; amd by #7889, eff 5-20-03, EXPIRED: 5-20-11
• #10243, eff 12-18-12; ss by #12383, eff 9-16-17; ss by #14260, eff 8-2-25, EXPIRES: 8-2-35 (formerly Opt 502) (See Chapter 500 Revision Note)

N.H. Code Admin. R. Ann. Opt 501.04 Disciplinary Hearings {#sec-opt-501.04 omnilex-key=us-nh-regs-official--agency-opt--Opt 501.04}

(a) Adjudicatory hearings of misconduct allegations shall be conducted in accordance with Opt 208. The presiding officer, shall set forth the particular scheduling and filing requirements applicable to each case and include them in a hearing order, prehearing order, or other appropriate order served upon the parties, including persons granted intervenor status pursuant to Opt 208.04.

(b) Misconduct allegations set forth in a hearing notice shall be amended as necessary at any time prior to the issuance of a final order, provided, however, that the parties shall receive at least 15 days notice and an opportunity to be heard on any amended issues.

(c) If ordered to do so by the presiding officer in connection with an adjudicatory hearing commenced under Opt 200, the licensee shall respond in writing to stated misconduct allegations by admitting or denying each allegation within 30 days of such request.

(d) The presiding officer, shall at any time during the course of a disciplinary hearing, appoint an attorney from the department of justice to prosecute misconduct allegations.

(e) Prehearing conferences in disciplinary proceedings shall be open to the public except to the extent settlement discussions or other matters entitled to confidentiality pursuant to RSA 91-A are addressed.

History

• (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00
• #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01
• #7670, eff 4-4-02, EXPIRED: 4-4-10
• #9756, eff 7-20-10; ss by #12383, eff 9-16-17; ss by #14260, eff 8-2-25, EXPIRES: 8-2-35 (formerly Opt 502) (See Chapter 500 Revision Note)

N.H. Code Admin. R. Ann. Opt 501.05 Disciplinary Sanctions {#sec-opt-501.05 omnilex-key=us-nh-regs-official--agency-opt--Opt 501.05}

(a) Other than immediate license suspensions authorized by RSA 541-A:30, III the board shall impose disciplinary sanctions only:

(1) After prior notice and an opportunity to be heard; or,

(2) Pursuant to a mutually agreed upon settlement or consent decree.

(b) When the board receives notice that a licensee has been subjected to disciplinary action related to professional misconduct by the licensing authority of another jurisdiction as described in RSA 327:20, II(h), the board shall issue an order directing the licensee to demonstrate why reciprocal discipline should not be imposed in New Hampshire.

(c) With respect to reciprocal discipline proceedings, the board shall impose license restrictions, such as suspension or revocation, similar to one issued in another jurisdiction.

(d) After a finding that misconduct has occurred and in order to protect public health and safety and deter future misconduct, the board shall impose one or more of the disciplinary sanctions authorized by RSA 327:20, III after considering the presence of aggravating or mitigating circumstances.

(e) The following shall be considered aggravating circumstances:

(1) The seriousness of the offense;

(2) The licensee's prior disciplinary record;

(3) The licensee knew his or her actions constitute an offense;

(4) The licensee's lack of willingness to cooperate with the board; and

(5) The potential harm to public health and safety.

(f) The following shall be considered mitigating circumstances:

(1) The absence of a prior disciplinary record;

(2) The licensee's lack of intent to commit an offense;

(3) The licensee's acknowledgement of his or her wrongdoing; and

(4) The licensee's willingness to cooperate with the board.

(g) When the board receives information indicating that a licensee has engaged in or is likely to engage in professional misconduct which poses an immediate danger to life or health, the board shall issue an order pursuant to RSA 541-A:30, III which sets forth the alleged misconduct and immediately suspends the license for up to 10 days pending completion of an adjudicatory proceeding on the specified issues.

(h) Suspension orders under Opt 501.05(g) shall set forth the procedures to be followed by the licensee in order to avail him or herself of the opportunity to be heard.

(i) No hearing date established in a proceeding conducted under Opt 501.05(g) shall be postponed at the request of the licensee unless the licensee also agrees to continue the suspension period pending issuance of the board's final decision.

(j) Copies of board orders imposing disciplinary sanctions and copies of all settlement agreements or consent decrees shall be considered public information under RSA 91-A. The board shall make copies of such orders, agreements and decrees available to law enforcement agencies and optometry boards of other jurisdictions. In addition, pursuant to arrangements with the National Practitioners Data Bank (NPDB), copies of such orders, agreements and decrees shall be made available for purposes of assuring that licensing agencies in other jurisdictions are aware of disciplinary action taken against a licensee in this state.

History

• (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00
• #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01
• #7670, eff 4-4-02; amd by #7889, eff 5-20-03, EXPIRED: 5-20-12
• #10243, eff 12-18-12; ss by #12383, eff 9-16-17; ss by #14260, eff 8-2-25, EXPIRES: 8-2-35 (formerly Opt 502) (See Chapter 500 Revision Note)

Part Opt 502 Opioid Prescribing

N.H. Code Admin. R. Ann. Opt 502.01 Applicability {#sec-opt-502.01 omnilex-key=us-nh-regs-official--agency-opt--Opt 502.01}

This part shall apply to the prescribing of opioids for the management or treatment of non-cancer and non-terminal pain and shall not apply to the supervised administration of opioids in a health care setting.

History

• (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94; ss by #6717, eff 3-24-98; ss by #7670, eff 4-4-02, EXPIRED: 4-4-10
• #12060, eff 1-1-17; ss by #14260, eff 8-2-25, EXPIRES: 8-2-35 (formerly Opt 504) (See Chapter 500 Revision Note)

N.H. Code Admin. R. Ann. Opt 502.02 Definitions {#sec-opt-502.02 omnilex-key=us-nh-regs-official--agency-opt--Opt 502.02}

The following words shall have the meanings indicated when used in this chapter:

(a) “Acute pain” means the normal, predicted physiological response to a noxious chemical, thermal, or mechanical stimulus and typically is associated with invasive procedures, trauma, and disease. It is generally time-limited, often less than 3 months in duration;

(b) “Administer” means an act whereby a single dose of a drug is instilled into the body of, applied to the body of, or otherwise given to a person for immediate consumption or use;

(c) “Addiction” means a primary, chronic, neurobiologic disease with genetic, psychosocial, and environmental factors influencing its development and manifestations. It is characterized by behaviors that include impaired control over drug use, craving, compulsive use, or continued use despite harm. The term does not include physical dependence and tolerance, which are normal physiological consequences of extended opioid therapy for pain;

(d) “Chronic pain” means a state in which non-cancer pain persists beyond the usual course of an acute disease or healing of an injury, or that might or might not be associated with an acute or chronic pathologic process that causes continuous or intermittent pain over months or years. For the purposes of these rules, chronic pain does not include pain from cancer or terminal care;

(e) “Clinical coverage” means specified and prearranged coverage that is available 24 hours a day, 7 days a week, to assist in the management of patients with chronic pain;

(f) “Dose unit” means one pill, one capsule, one patch, or one liquid dose;

(g) “Medication-assisted treatment” means any treatment of opioid addiction that includes a medication, such as methadone, buprenorphine, or naltrexone, that is approved by the FDA for opioid detoxification or maintenance treatment;

(h) “Morphine equivalent dose (MED)” means a conversion of various opioids to a morphine equivalent dose by the use of accepted conversion tables;

(i) “Risk assessment” means a process for predicting a patient’s likelihood of misusing or abusing opioids in order to develop and document a level of monitoring for that patient;

(j) “Treatment agreement” means a written agreement that outlines the joint responsibilities of physician and patient; and

(k) “Treatment plan” means a written plan that reflects the particular benefits and risks of opioid use for each individual patient and establishes goals, expectations, methods, and time course for treatment.

History

• (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94; amd by #6098, eff 10-1-95; amd by #6185, eff 2-16-96, all but paragraphs (q), (r) & (s) EXPIRED: 6-17-00; amd by #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01
• #7670, eff 4-4-02; amd by #7889, eff 5-19-03; amd by #9342, eff 12-9-08, EXPIRED: 12-9-16
• #12108, INTERIM, eff 2-21-17, EXPIRED: 8-20-17
• #12060, eff 1-1-17; ss by #14260, eff 8-2-25, EXPIRES: 8-2-35 (formerly Opt 504) (See Chapter 500 Revision Note)

N.H. Code Admin. R. Ann. Opt 502.03 Acute Pain {#sec-opt-502.03 omnilex-key=us-nh-regs-official--agency-opt--Opt 502.03}

If opioids are indicated and clinically appropriate for prescription for acute pain, prescribing licensees shall:

(a) Conduct and document a physical examination and history;

(b) Consider the patient’s risk for opioid misuse, abuse, or diversion and prescribe for the lowest effective dose for a limited duration;

(c) Document the prescription and rationale for all opioids;

(d) Ensure that the patient has been provided information that contains the following:

(1) Risk of side effects, including addiction and overdose resulting in death;

(2) Risks of keeping unused medication;

(3) Options for safely securing and disposing of unused medication; and

(4) Danger in operating motor vehicle or heavy machinery;

(e) Comply with all federal and state controlled substances laws, rules, and regulations;

(f) Complete a board-approved risk assessment tool, such as the Screener and Opioid Assessment for Patients with Pain (SOAPP);

(g) Document an appropriate pain treatment plan and consideration of non-pharmacological modalities and non-opioid therapy;

(h) Utilize a written informed consent that explains the following risks associated with opioids:

(1) Addiction;

(2) Overdose and death;

(3) Physical dependence;

(4) Physical side effects;

(5) Hyperalgesia;

(6) Tolerance; and

(7) Crime victimization;

(i) In an emergency department, urgent care setting, or walk-in clinic:

(1) Not prescribe more than the minimum amount of opioids medically necessary to treat the patient’s medical condition. In most cases, an opioid prescription of 3 or fewer days shall be sufficient, but a licensee shall not prescribe for more than 7 days; and

(2) If prescribing an opioid for acute pain that exceeds a board-approved limit, document the medical condition and appropriate clinical rationale in the patient’s medical record; and

(j) Not be obligated to prescribe opioids for more than 30 days, but if opioids are indicated and appropriate for persistent, unresolved acute pain that extends beyond a period of 30 days, the licensee shall conduct an in-office follow-up with the patient prior to issuing a new opioid prescription

History

• #6717, eff 3-24-98, EXPIRED: 3-24-06
• #9342, eff 12-9-08, EXPIRED: 12-9-16
• #12108, INTERIM, eff 2-21-17, EXPIRED: 8-20-17
• #12060, eff 1-1-17; ss by #14260, eff 8-2-25, EXPIRES: 8-2-35 (formerly Opt 504) (See Chapter 500 Revision Note)

N.H. Code Admin. R. Ann. Opt 502.04 Chronic Pain {#sec-opt-502.04 omnilex-key=us-nh-regs-official--agency-opt--Opt 502.04}

If opioids are indicated and clinically appropriate for prescription for chronic pain, prescribing licensees shall:

(a) Conduct and document a history and physical examination;

(b) Conduct and document a risk assessment including, but not limited to, the use of an evidence based screening tool such as the Screener and Opioid Assessment for Patients with Pain (SOAPP);

(c) Document the prescription and rationale for all opioids;

(d) Prescribe the lowest effective dose for a limited duration;

(e) Comply with all federal and state controlled substances laws, rules, and regulations;

(f) Utilize a written informed consent that explains the following risks associated with opioids:

(1) Addiction;

(2) Overdose and death;

(3) Physical dependence;

(4) Physical side effects;

(5) Hyperalgesia;

(6) Tolerance; and

(7) Crime victimization;

(g) Create and discuss a treatment plan with the patient. This shall include, but not be limited to the goals of treatment, in terms of pain management, restoration of function, safety, time course for treatment, and consideration of non-pharmacological modalities and non-opioid therapy. Informed consent documents and treatment agreements may be part of one document for the sake of convenience;

(h) Utilize a written treatment agreement that is included in the medical record, and specifies conduct that triggers the discontinuation or tapering of opioids;

(i) The treatment agreement shall also address, at a minimum, the following:

(1) The requirement for safe medication use and storage;

(2) The requirement of obtaining opioids from only one prescriber or practice;

(3) The consent to periodic and random drug testing; and

(4) The prescriber’s responsibility to be available or to have clinical coverage available;

(j) Document the consideration of a consultation with an appropriate specialist in the following circumstances:

(1) When the patient receives a 100 mg morphine equivalent dose for longer than 90 days;

(2) When a patient is at high risk for abuse or addiction; or

(3) When a patient has a co-morbid psychiatric disorder;

(k) Reevaluate treatment plan and use of opioids at least twice a year;

(l) Require random and periodic urine drug testing at least annually for all patients using opioids for longer than 90 days. Unanticipated findings shall be addressed in a manner that supports the health of the patient;

(m) Have clinical coverage available for 24 hours per day, 7 days per week, to assist in the management of patients; and

(n) The prescriber may forego the requirements for a written treatment agreement and for periodic drug testing for patients:

(1) Who are residents in a long-term, nonrehabilitative nursing home facility where medications are administered by licensed staff; or

(2) Who are being treated for episodic intermittent pain and receiving no more than 50 dose units of opioids in a 3 month period.

History

• #12060, eff 1-1-17; ss by #14260, eff 8-2-25, EXPIRES: 8-2-35 (formerly Opt 504) (See Chapter 500 Revision Note)

N.H. Code Admin. R. Ann. Opt 502.05 Prescription Drug Monitoring Program {#sec-opt-502.05 omnilex-key=us-nh-regs-official--agency-opt--Opt 502.05}

(a) Prescribers required to register with the prescription drug monitoring program, or their delegate, shall query the prescription drug monitoring program to obtain a history of schedule II-IV controlled substances dispensed to a patient, prior to prescribing an initial schedule II, III, and IV opioids for the management or treatment of pain and then periodically and at least twice per year, except when:

(1) Controlled medications are to be administered to patients in a health care setting;

(2) The program is inaccessible or not functioning properly, due to an internal or external electronic issue; or

(3) An emergency department is experiencing a higher than normal patient volume such that querying the program database would materially delay care.

(b) A licensee shall document the exceptions described in (a)(2) and (3) above in the patient’s medical record.

History

• #12060, eff 1-1-17; ss by #14260, eff 8-2-25, EXPIRES: 8-2-35 (formerly Opt 504) (See Chapter 500 Revision Note)

N.H. Code Admin. R. Ann. Opt 502.06 Medication Assisted Treatment {#sec-opt-502.06 omnilex-key=us-nh-regs-official--agency-opt--Opt 502.06}

Licensees who prescribe medication assisted treatment shall adhere to the principles outlined in the American Society of Addiction Medicine’s National Practice Guideline For the Use of Medications in the Treatment of Addiction Involving Opioid Use (2015) found at https://mharslc.org/wp-content/uploads/2019/11/asam-national-practice-guideline.pdf as cited in Appendix II.

History

• #12060, eff 1-1-17; ss by #14260, eff 8-2-25, EXPIRES: 8-2-35 (formerly Opt 504) (See Chapter 500 Revision Note)

Chapter Opt 600 Repealed

Part Opt 502 Opioid Prescribing

N.H. Code Admin. R. Ann. Opt 504.07 Organization, Definitions and Public Information {#sec-opt-504.07 omnilex-key=us-nh-regs-official--agency-opt--Opt 504.07}

National Practice Guideline For the Use of Medications in the Treatment of Addiction Involving Opioid Use,” adopted on June 1, 2015 The American Society of Addiction Medicine’s 4601 North Park Avenue, Upper Arcade Suite 101 Chevy Chase, MD 20815-4520 (301) 656-3920 or (301) 656-3815 No cost to download from: https://mharslc.org/wp-content/uploads/2019/11/asam-national-practice-guideline.pdf