HAR Chapter 92 – Optometrists

HAWAII ADMINISTRATIVE RULES
TITLE 16
DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
CHAPTER 92
OPTOMETRISTS
Subchapter 1 General Provisions
§16-92-1 	Objective
§16-92-2 	Definitions
§16-92-3 	Notification and filing of names, addresses, and changes
§16-92-4 	Display of wall certificate; license identification card
§16-92-5 	Renewal of license
§16-92-6 	Repealed
§16-92-7 	Forfeiture of license
§16-92-8 	Restoration of forfeited license
Subchapter 2 Applications
§16-92-10 	Forms and instructions
§16-92-11 	Application for examination
§16-92-12 	Application for reexamination
Subchapter 3 Hearings
§16-92-13 	Denial
§16-92-14 	Demand for a hearing
§16-92-15 	Proceedings upon demand for hearing
§16-92-16 	Administrative practice and procedure
Subchapter 4 Oral Testimony
§16-92-17 	Oral testimony
92-1

Subchapter 5 Examination
§16-92-19 	Examination requirements for license
§16-92-20 	NBEO examinations
§16-92-21 	Passing scores
§16-92-23 	Repealed
§16-92-24 	Repealed
§16-92-25 	Courses and examination to use diagnostic pharmaceutical agents
(DPAs)
§16-92-25.1 	Requirements for therapeutic certification
§16-92-26 	Reciprocity
Subchapter 6 Repealed
§16-92-28 	Repealed
§16-92-29 	Repealed
§16-92-30 	Repealed
§16-92-31 	Repealed
§16-92-32 	Repealed
§16-92-33 	Repealed
§16-92-34 	Repealed
§16-92-35 	Repealed
§16-92-36 	Repealed
Subchapter 7 Continuing Education
§16-92-38 	Minimum hours
§16-92-39 	Educational courses; approval
§16-92-40 	Certificates of continuing education
§16-92-41 	Hours which qualify
§16-92-42 	Exceptions
Subchapter 8 Fees
§16-92-44 	Fees
Subchapter 9 Repealed
§16-92-46 	Repealed
92-2

Subchapter 10 Professional Misconduct
§16-92-49 	Actions which constitute professional misconduct, gross carelessness
or negligence, or manifest incapacity in the practice of optometry
Subchapter 11 	Grounds for Refusal to Admit to Examination, Refusal to
Issue 	License 	or 	Certificate, 	Revocation, 	Suspension,
Refusal to Renew
§16-92-52 	Grounds for refusal to issue license or certificate, revocation,
suspension, refusal to renew
Subchapter 12 Trade Names
§16-92-65 	Approval of trade name
§16-92-66 	Trade name restricted to licensee
§16-92-67 	Registration of trade name
SUBCHAPTER 1
GENERAL PROVISIONS
§16-92-1 	Objective. 	This chapter is intended to clarify and implement
chapter 459, Hawaii Revised Statutes, to the end that the provisions thereunder
may be best effectuated and the public interest most effectively served. 	[Eff
5/16/64; am and ren §16-92-1, 6/22/81; am and comp 10/31/86; comp 5/19/89;
comp 4/21/97; comp 7/23/99; comp 6/3/02; comp 11/1/10] (Auth: 	HRS §459-4)
(Imp: HRS §459-4)
§16-92-2 Definitions. As used in this chapter or in chapter 459, HRS:
"Adverse effects" means any undesired side effects brought on by the use of
diagnostic or therapeutic pharmaceutical agents.
"Board" means the board of examiners in optometry.
"Department" means the department of commerce and consumer affairs.
"Diagnostic pharmaceutical agents" or "DPAs" means topically applied
pharmaceutical agents known as anesthetics, cycloplegics, and mydriatics.
92-3

§16-92-2
"Laboratory tests" means any diagnostic evaluation performed by a licensed
medical laboratory pertaining to ocular conditions.
"NBEO" means the National Board of Examiners in Optometry.
"Non-invasive diagnostic procedures" means any procedure used for the
purpose of diagnosing ocular diseases or disorders, excluding surgery or injection;
provided that a therapeutically certified optometrist may administer injectable
agents for anaphylaxis only.
"Spectacle prescription" means an order or formula issued by a practitioner
licensed by the State or authorized by the laws of the State to prescribe prescription
ophthalmic lenses, setting forth refractive powers for the manufacturing of any lens
which has a spherical, cylindrical prismatic power or value or any combination
thereof. 	A spectacle lens prescription expiration date shall be determined by the
professional judgment of the licensed practitioner.
"Therapeutic 	pharmaceutical 	agents" 	or 	"TPAs" 	means 	ingested 	oral
agents, or topical solutions, suspensions, and ointments applied to the surface of the
eye or adjoining tissues. Therapeutically certified optometrists are authorized to use
and 	prescribe 	therapeutic 	pharmaceutical 	agents 	specifically 	formulated 	for
ophthalmic use, as approved by the Food and Drug Administration, and with the
exception of any controlled substance as defined in chapter 329, HRS (Uniform
Controlled Substance Act). 	[Eff 5/16/64; am and ren §16-92-2, 6/22/81; am and
comp 10/31/86; am and comp 5/19/89; am and comp 4/21/97; am and comp
7/23/99; am and comp 6/3/02; am and comp 11/1/10] (Auth: HRS §459-4) (Imp:
HRS §§459-2, 459-4)
§16-92-3 	Notification and filing of names, addresses, and changes. Every
licensee shall file the licensee's business address with the board and shall notify the
board in writing, of any and all changes within thirty days of the change. 	[Eff
5/16/64; am and ren §16-92-3, 6/22/81; am and comp 10/31/86; comp 5/19/89;
comp 4/21/97; comp 7/23/99; comp 6/3/02; comp 11/1/10] (Auth: 	HRS §459-4)
(Imp: HRS §459-4)
§16-92-4 	Display of wall certificate; license identification card. 	The wall
certificate shall be conspicuously displayed in the place of business and the licensee
shall have evidence of current licensure in the licensee's possession at all times.
[Eff 5/16/64; am and ren §16-92-4, 6/22/81; am and comp 10/31/86; comp
5/19/89; comp 4/21/97; comp 7/23/99; comp 6/3/02; comp 11/1/10] (Auth: HRS
§459-4) (Imp: HRS §459-7)
92-4

§16-92-10
§16-92-5 	Renewal of license. 	Renewal fees paid by mail shall not be
considered as delinquent if the envelope bears a postmark of December 31 of each
odd-numbered year or earlier. 	In addition to the renewal fee, each licensee shall
submit the required continuing education hours pursuant to subchapter 7. 	[Eff
5/16/64; am and ren §16-92-5, 6/22/81; am and comp 10/31/86; comp 5/19/89;
comp 4/21/97; comp 7/23/99; comp 6/3/02; comp 11/1/10] (Auth: 	HRS §459-4)
(Imp: HRS §459-7)
§16-92-6 Repealed. [10/31/86]
§16-92-7 Forfeiture of license. Failure to submit the required renewal fees
and continuing education hours pursuant to subchapter 7 on or before December 31
of each odd-numbered year shall constitute a forfeiture of license. [Eff and comp
10/31/86; comp 5/19/89; am and comp 4/21/97; comp 7/23/99; comp 6/3/02;
comp 11/1/10] (Auth: HRS §459-4) (Imp: HRS §459-7)
§16-92-8 	Restoration of forfeited license. 	(a) A license which is forfeited
due to failure to submit continuing education hours pursuant to subchapter 7 and
the renewal fee by December 31 of each odd-numbered year may be restored
within 	four 	years 	upon 	payment 	of 	a 	penalty 	fee, 	all 	delinquent 	fees 	and
recordkeeping fees, and submittal of all continuing education hours required for the
previous biennium.
(b) 	A person who fails to restore the license as provided in this section,
shall apply as a new applicant and meet the current requirements at the time the
application is filed. 	[Eff and comp 10/31/86; comp 5/19/89; comp 4/21/97; am
and comp 7/23/99; comp 6/3/02; am and comp 11/1/10] (Auth: 	HRS §459-4)
(Imp: HRS §459-7)
SUBCHAPTER 2
APPLICATIONS
§16-92-10 	Forms and instructions. 	(a) An application for license or
therapeutic certification filed with the board shall be prepared in accordance with
and contain the information called for in the application form provided by the
board, or any instructions which may be required by the board with respect to the
92-5

§16-92-10
filing. 	A certified copy of the applicant's diploma or certificate of graduation and
applicable NBEO written and practical examinations scores shall be submitted with
the application for license. 	Each applicant for licensure shall attest that the
applicant has read and will abide by the provisions of chapter 459, HRS, and this
chapter.
(b) 	Applicants shall submit appropriate forms prescribed by the board
for licensure, certification, renewal of license, and restoration of license, and any
other forms designated by the board. 	The aforementioned forms may be modified
from time to time as required.
(c) 	The appropriate fees shall be paid as provided in chapter 16-53. [Eff
5/16/64; am and ren §16-92-10, 6/22/81; am and comp 10/31/86; am and comp
5/19/89; am and comp 4/21/97; am and comp 7/23/99; comp 6/3/02; comp
11/1/10] (Auth: HRS §§459-4, 459-7.5) (Imp: HRS §§459-7, 459-7.5)
§16-92-11 	Application 	for 	examination. 	Application 	for 	national
examinations shall be in accordance with requirements set forth by the NBEO. [Eff
5/16/64; am and ren §16-92-11, 6/22/81; am and comp 10/31/86; comp 5/19/89;
am and comp 4/21/97; comp 7/23/99; comp 6/3/02; comp 11/1/10] (Auth: 	HRS
§459-4) (Imp: HRS §459-7)
§16-92-12 	Application for reexamination. 	Application for reexamination
for national exams shall be in accordance with requirements set forth by the
NBEO. 	[Eff 5/16/64; am and ren §16-92-12, 6/22/81; am and comp 10/31/86;
comp 5/19/89; am and comp 4/21/97; comp 7/23/99; comp 6/3/02; comp 11/1/10]
(Auth: HRS §459-4) (Imp: HRS §459-7)
SUBCHAPTER 3
HEARINGS
§16-92-13 	Denial. 	If an application for examination, issuance of a license
or certificate, renewal of a license, or restoration of a license is denied by the
board, the applicant or licensee, as the case may be, shall be notified by letter of
the board's action which shall include a concise statement of the reasons therefor
and a statement informing the applicant or licensee, as the case may be, of the right
to a notice and hearing if so desired. 	[Eff 5/16/64; am and ren §16-92-13,
6/22/81; am and comp 10/31/86; comp 5/19/89; am and comp 4/21/97; am and
92-6

§16-92-16
comp 7/23/99; comp 6/3/02; comp 11/1/10] (Auth: 	HRS §459-4) (Imp: 	HRS
§459-9)
§16-92-14 	Demand for a hearing. 	Any person whose application for
examination, issuance of a license or certificate, renewal of a license, or restoration
of a license has been denied by the board may petition for hearing relief pursuant to
chapter 16-201, administrative practice and procedure, provided that the petition
for hearing relief is filed with the board within sixty days of the date of the denial
of the application. 	[Eff 5/16/64; am and ren §16-92-14, 6/22/81; am and comp
10/31/86; 	comp 	5/19/89; 	am 	and 	comp 	4/21/97; 	am 	and 	comp 	7/23/99;
comp 6/3/02; comp 11/1/10] (Auth: HRS §459-4) (Imp: HRS §§459-7, 459-9)
§16-92-15 Proceedings upon demand for hearing. If a demand for hearing
is filed within the time prescribed pursuant to section 16-92-14, the board shall
order a hearing pursuant to chapter 16-201, administrative practice and procedure.
[Eff 5/16/64; am and ren §16-92-15, 6/22/81; am and comp 10/31/86; comp
5/19/89; comp 4/21/97; comp 7/23/99; comp 6/3/02; comp 11/1/10] (Auth: HRS
§459-4) (Imp: HRS §§91-9, 91-9.5, 91-10)
§16-92-16 	Administrative practice and procedure. 	The rules of practice
and procedures for optometrists shall be as provided in chapter 16-201, the rules of
practice and procedure of the department which are incorporated by reference and
made a part of this chapter. 	[Eff and comp 10/31/86; comp 5/19/89; comp
4/21/97; comp 7/23/99; comp 6/3/02; comp 11/1/10] (Auth: HRS §§91-2, 459-4)
(Imp: HRS §§91-2, 459-4)
92-7

§16-92-17
SUBCHAPTER 4
ORAL TESTIMONY
§16-92-17 	Oral testimony. 	(a) The board shall accept oral testimony on
any item which is on the board's agenda, provided that the testimony shall be
subject to the following conditions:
(1) 	Each person seeking to present oral testimony shall so notify the
board not later than forty-eight hours prior to the meeting, and at
that time shall state the item on which testimony is to be presented;
(2) 	The board may request that any person providing oral testimony
submit the remarks, or a summary of the remarks, in writing to the
board;
(3) 	The board may rearrange the items on the agenda for the purpose of
providing for the most efficient and convenient presentation of oral
testimony;
(4) 	Persons presenting oral testimony shall, at the beginning of the
testimony, identify themselves and the organization, if any, that they
represent;
(5) 	The board may limit oral testimony to a specified time period but in
no case shall the period be less than five minutes, and the person
testifying shall be informed prior to the commencement of the
testimony of the time constraints to be imposed; and
(6) 	The board may refuse to hear any testimony which is irrelevant,
immaterial, or unduly repetitious to the agenda item on which it is
presented.
(b) 	Nothing in this section shall require the board to hear or receive any
oral or documentary evidence from a person on any matter which is the subject of
another proceeding pending subject to the hearings relief, declaratory relief, or rule
relief provisions of the rules of administrative procedure.
(c) 	Nothing in this section shall prevent the board from soliciting oral
remarks from persons present at the meeting or from inviting persons to make
presentations to the board on any particular matter on the board's agenda. [Eff and
comp 10/31/86; comp 5/19/89; comp 4/21/97; comp 7/23/99; comp 6/3/02; comp
11/1/10] (Auth: HRS §459-4) (Imp: HRS §92-3)
92-8

§16-92-23
SUBCHAPTER 5
EXAMINATION
§16-92-19 	Examination requirements for license. 	(a) Each applicant shall
be required to take and pass the following:
(1) 	All parts of the NBEO written examinations; and
(2) 	The NBEO practical (Patient Care) examination.
Subjects covered in the above examinations shall be established by the NBEO
(b) 	An applicant who is registered and licensed under the laws of
another state or jurisdiction who wishes to be licensed in Hawaii shall meet the
requirements of subsection (a). 	[Eff 5/16/64; am and ren §16-92-19, 6/22/81; am
and comp 10/31/86; am and comp 5/19/89; am and comp 4/21/97; am and comp
7/23/99; comp 6/3/02; comp 11/1/10] (Auth: 	HRS §§459-4, 459-7.5) (Imp:
HRS §§459-8, 459-7.5)
§16-92-20 	NBEO examinations. 	The board shall not accept the scores of
the NBEO written examinations unless the examinations were passed in their
entirety by the applicant after December 31, 1986. 	The board shall not accept the
scores of the practical (Patient Care) examination unless the examination was
passed in its entirety by the applicant after January 1, 1991. The board may accept
scores earned prior to these dates if the examination taken is determined by the
NBEO to be substantially equivalent to current examinations, and the applicant
holds a current and valid license under the laws of another state. 	[Eff and comp
10/31/86; am and comp 5/19/89; am and comp 4/21/97; am and comp 7/23/99;
comp 6/3/02; comp 11/1/10] (Auth: HRS §459-4) (Imp: HRS §459-8)
§16-92-21 Passing scores. The passing scores for all NBEO examinations
shall be that designated by the National Board of Examiners in Optometry. 	[Eff
and comp 10/31/86; am and comp 5/19/89; am and comp 4/21/97; comp 7/23/99;
comp 6/3/02; comp 11/1/10] (Auth: HRS §459-4) (Imp: HRS §§459-7, 459-8)
§16-92-23 Repealed. [R 5/19/89]
92-9

§16-92-24
§16-92-24 Repealed. [R 5/19/89]
§16-92-25 	Courses and examination to use diagnostic pharmaceutical
agents (DPAs). 	(a) All optometrists licensed after January 1, 1987, shall be
required to be certified to use DPAs by having taken and passed a pharmacology
course given by an optometric school, college, or university accredited by a
regional or professional accreditation organization and recognized by the council on
post-secondary accreditation or by the United States Office of Education, and
having passed the NBEO practical (Patient Care) examination.
(b) 	An optometrist holding a current and valid license under the laws of
another state or jurisdiction, in addition to Hawaii, may be certified to administer
DPAs for examination purposes provided the licensee meets the requirements set
forth in subsection (a), or is certified to administer DPAs in the other state or
jurisdiction, at the time of application. 	[Eff and comp 10/31/86; am and comp
5/19/89; am and comp 4/21/97; am and comp 7/23/99; comp 6/3/02; comp
11/1/10] (Auth: HRS §§459-4, 459-7.5) (Imp: HRS §§459-7.5, 459-8)
§16-92-25.1 Requirements for therapeutic certification. Each applicant for
therapeutic certification shall hold a current and unencumbered license, with
certification to use DPAs, and submit documentation of successful completion of
the following requirements:
(1) 	A one hundred hour board approved course in the treatment and
management 	of 	ocular 	diseases 	prepared 	and 	graded 	by 	an
accredited school of optometry, provided that an applicant who
graduated 	from 	an 	accredited 	optometric 	college, 	school, 	or
university after January 1, 1997, may satisfy the course requirement
by submitting written verification from the optometric college,
school, or university that the applicant has satisfactorily completed
at least one hundred hours of education in the treatment and
management of ocular diseases. 	Board approval of the course
includes, but is not limited to:
(A) 	Favorable evaluation of the applicant's official transcripts, as
related to the course in the treatment and management of
ocular diseases, issued by an accredited school of optometry;
(B) 	The provision of written verification from the accredited
school of optometry that the applicant has satisfactorily
completed the course; and
92-10

§16-92-26
(C) 	Any other such criteria, as determined and approved by the
board;
(2) 	The 	NBEO 	Treatment 	and 	Management 	of 	Ocular 	Disease
examination, provided that an applicant who has completed the
NBEO Part II (Clinical Science) examination after January 1, 1993,
shall be considered to have passed the NBEO Treatment and
Management of Ocular Disease examination; and
(3) 	One hundred hours of preceptorship acquired under the supervision
of an ophthalmologist after July 2, 1997, which included training in
the diagnosis, treatment, and management of ocular diseases, and is
verified by the supervising ophthalmologist on a form and format
prescribed by the board. 	[Eff and comp 7/23/99; comp 6/3/02;
comp 	11/1/10] 	(Auth: 	HRS 	§§459-4, 	459-7.4) 	(Imp: 	HRS
§§459-7.4, 459-8)
§16-92-26 	Reciprocity. 	An optometrist who is registered and licensed
under the laws of another state or jurisdiction shall be licensed in this State, subject
to all of the following:
(1) 	That the originating state accords like privileges to the licensees of
this State;
(2) 	That 	the 	educational 	requirements 	of 	the 	originating 	state 	are
equivalent to or greater than those of this State, as specified in
section 459-7, HRS;
(3) 	That the applicant has met the requirements of section 16-92-10;
(4) 	That the applicant has passed the NBEO written and practical
examinations in their entirety;
(5) 	That the applicant shall have been engaged in the practice of
optometry or in federal service continuously for not less than four of
the five years immediately preceding the date of application;
(6) 	That the applicant must not have committed acts which constitute
professional 	misconduct, 	gross 	carelessness 	or 	negligence, 	or
manifest incapacity in the practice of optometry as specified in
subchapter 10; and
(7) 	That all states or jurisdictions in which applicant is licensed provide
a certified statement that the license of the applicant shall not have
been and is not currently in the process of being investigated,
suspended, or revoked by that state for any cause which constitutes
grounds for revocation, suspension, or refusal to issue a license as
specified in this chapter. [Eff and comp 5/19/89;
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§16-92-26
am 	and 	comp 	4/21/97; 	comp 	7/23/99; 	comp 6/3/02; 	comp
11/1/10] (Auth: 	HRS §§459-4, 459-7.5) (Imp: HRS §§459-7,
459-8)
SUBCHAPTER 6
§16-92-28 Repealed. [R 4/21/97]
§16-92-29 Repealed. [R 4/21/97]
§16-92-30 Repealed. [R 4/21/97]
§16-92-31 Repealed. [R 4/21/97]
§16-92-32 Repealed. [R 4/21/97]
§16-92-33 Repealed. [R 4/21/97]
§16-92-34 Repealed. [R 5/19/89]
§16-92-35 Repealed. [R 5/19/89]
§16-92-36 Repealed. [R 5/19/89]
92-12

§16-92-39
SUBCHAPTER 7
CONTINUING EDUCATION
§16-92-38 	Minimum hours. 	(a) Licensees who are not therapeutically
certified shall obtain thirty-two hours during the biennium in approved programs of
continuing education for relicensure. A person who is initially licensed in the first
year of the biennium shall be required to submit certification of having earned
sixteen continuing education hours for the biennium, and a person who obtains
licensure in the second year of the biennium need not obtain any continuing
education hours for the first renewal of the license.
(b) 	Licensees who are therapeutically certified shall obtain thirty-six
hours 	of 	approved 	continuing 	education 	in 	the 	diagnosis, 	treatment, 	and
management of ocular and systemic diseases for relicensure, regardless of initial
date of licensure. 	The one hundred hour course in the treatment and management
of ocular disease shall satisfy the thirty-six hour requirement provided that the
course was taken within the two years prior to the date the application of license
renewal was received by the board, and credits for the course were not used for a
previous license renewal. 	[Eff 1/1/74; am and ren §16-92-38, 6/21/81; am and
comp 10/31/86; comp 5/19/89; am and comp 4/21/97; am and comp 7/23/99;
comp 6/3/02; comp 11/1/10] (Auth: HRS §459-4) (Imp: HRS §459-7)
§16-92-39 Educational courses; approval. 	(a) Professional educational but
not practice management courses sponsored by the following are automatically
approved:
(1) 	United States accredited colleges and schools of optometry;
(2) 	Regional and national optometric societies and councils;
(3) 	American Academy of Optometry;
(4) 	International Optometric Extension Program Foundation; and
(5) 	United States optometric associations.
(b) 	Correspondence 	courses 	sponsored 	by 	optometric 	journals
recognized by the board shall be approved by the board provided that the number
of hours constitutes no more than twenty-five per cent of the total number of
continuing education hours required per biennium for license renewal.
(c) 	All courses sponsored by persons or organizations other than those
outlined above shall be submitted to the board for approval on a form as provided
by the board, unless the course is approved by the Council on Optometric
Practitioner Education. 	Forms shall be submitted to the board no more than
forty-five days after the course is completed.
92-13

§16-92-39
(d) 	Practice management courses shall be considered for approval of
continuing education credit hours if they meet the following criteria:
(1) 	Aids the optometrist and the optometrist's staff to directly serve
more patients in a more productive and efficient manner;
(2) 	Is presented by an optometrist who is actively in practice, or by an
instructor 	at 	any 	of 	the 	accredited 	colleges 	and 	schools 	of
optometry, or by someone who is very knowledgeable of optometric
practices; and
(3) 	Promotes greater patient satisfaction and greater patient awareness
of optometry.
(e) 	Practice management courses pertaining to any of the following
subject matters shall not be approved for continuing education credits:
(1) 	Tax strategies;
(2) 	Marketing/advertising;
(3) 	Investments; or
(4) 	Financial planning.
(f) 	Board approval of a course shall remain valid until December 31 of
the odd-numbered year, provided that approval may be withdrawn for cause after
notification to the course provider by the board.
(g) 	The board may reconsider disapproval of continuing education
credit hours for any course if the sponsor files a motion for reconsideration in
writing within ten days after the notice of disapproval is received by the licensee,
pursuant to chapter 16-201, the rules of practice and procedure of the department.
[Eff 1/1/74; am and ren §16-92-39, 6/22/81; am and comp 10/31/86; am and comp
5/19/89; am and comp 4/21/97; am and comp 7/23/99; comp 6/3/02; comp
11/1/10] (Auth: HRS §459-4) (Imp: HRS §459-7)
§16-92-40 	Certificates 	of 	continuing 	education. 	(a) 	Certificates 	of
continuing education shall be submitted on or before December 31 of each
odd-numbered year and shall contain the following information:
(1) 	Name of sponsoring organization;
(2) 	Name of licensee;
(3) 	Place of course;
(4) 	Title of course;
(5) 	Number of hours of course;
(6) 	Date of course;
(7) 	The index number assigned by the board, except for courses
provided by sponsors listed in section 16-92-39 (a) and (b); and
92-14

§16-92-42
(8) 	Signature of lecturer or any authorized official of the sponsoring
body.
(b) 	The board shall accept certified copies of certificates of continuing
education in lieu of originals if good cause is shown.
(c) 	The board shall not accept any continuing education credit hours of
courses taken by the optometrist more than two years prior to the date the
application for license renewal was received by the board. [Eff 1/1/74; am and ren
§16-92-40, 6/22/81; am and comp 10/31/86; comp 5/19/89; am and comp
4/21/97; comp 7/23/99; comp 6/3/02; comp 11/1/10] (Auth: HRS §459-4) (Imp:
HRS §459-7)
§16-92-41 	Hours which qualify. 	(a) A minimum of fifty minutes shall
constitute one continuing education hour. 	The hours spent in continuing education
programs shall be measured as follows:
(1) 	One hour of attendance in a group program other than a university
or college course shall equal one continuing education hour;
(2) 	An academic credit hour earned on a semester basis at an accredited
university or college as specified in section 16-92-39(a)(1) shall
equal fifteen continuing education hours;
(3) 	An academic credit earned on a quarter basis at an accredited
university or college as specified in section 16-92-39(a)(1) shall
equal ten continuing education hours; and
(4) 	One accredited university or college classroom hour in non-credit
study shall equal one continuing education hour.
(b) 	No credit shall be given for programs or courses repeated in any
single year.
(c) 	Continuing education submitted for license restoration shall not be
applied toward the subsequent license renewal. 	[Eff and comp 4/21/97; am and
comp 7/23/99; comp 6/3/02; comp 11/1/10] (Auth: 	HRS §459-4) (Imp: 	HRS
§459-7)
§16-92-42 Exceptions. Any licensee seeking restoration of license without
full compliance with the continuing education requirements shall submit the
restoration application, the required fees, a notarized affidavit setting forth the facts
explaining the reasons for noncompliance, and a request to extend the time for
compliance if good cause is shown. 	The board shall consider each case on an
individual basis and may extend the time for compliance of the requirements based
on the following:
92-15

§16-92-42
(1) 	Health, as certified by a medical doctor currently licensed in
accordance with chapter 453, HRS, or licensed in the state or
jurisdiction in which the applicant was treated; or
(2) 	Military service on extended active duty with the armed forces of
the United States. 	[Eff and comp 4/21/97; am and comp 7/23/99;
comp 6/3/02; comp 11/1/10] (Auth: 	HRS §459-4) (Imp: 	HRS
§459-7)
SUBCHAPTER 8
FEES
§16-92-44 	Fees. 	The fees for the board shall be as provided in chapter
16-53, relating to boards and commissions. 	[Eff 11/7/64; am and ren §16-92-44,
6/22/81; am and comp 10/31/86; comp 5/19/89; am and comp 4/21/97; comp
7/23/99; comp 6/3/02; comp 11/1/10] (Auth: HRS §459-4) (Imp: HRS §§26-9(j),
92-28, 459-4)
SUBCHAPTER 9
§16-92-46 Repealed. [R 5/19/89]
SUBCHAPTER 10
PROFESSIONAL MISCONDUCT
§16-92-49 	Actions 	which 	constitute 	professional 	misconduct, 	gross
carelessness or negligence, or manifest incapacity in the practice of optometry.
Professional misconduct, gross carelessness or negligence, or manifest incapacity in
the practice of optometry includes, but shall not be limited to, any of the following:
(1) 	Fraudulent 	or 	deceptive 	procurement 	or 	use 	of 	a 	license 	or
certificate;
(2) 	Making or filing a false report or records in the practice of
optometry, wilfully impeding or obstructing the proper making and
filing of reports or records, or wilfully failing to file the proper
report or record;
92-16

§16-92-52
(3) 	Exercising 	undue 	influence 	on 	a 	person 	using 	the 	licensee's
services, or promoting the sale or use of services or goods in a
manner which exploits a person for the financial gain of the
practitioner or third party;
(4) 	Failure to comply with provisions of federal law or state statute
governing the practice of optometry;
(5) 	Conviction of a crime related to the practice of optometry;
(6) 	Failing to make available, upon request of a person using the
licensee's services, or the person's designee, copies or summaries of
documents in the possession and under the control of the licensee,
when those documents have been prepared by the licensee relating
to the licensee's services performed for the person;
(7) 	Practicing optometry when medically unfit to do so; and
(8) 	Malpractice, or an act or acts below the standard of care held by
practitioners in the same community. 	[Eff and comp 10/31/86;
comp 5/19/89; am and comp 4/21/97; am and comp 7/23/99;
comp 6/3/02; comp 11/1/10] (Auth: 	HRS §459-4) (Imp: 	HRS
§459-9)
SUBCHAPTER 11
GROUNDS FOR REFUSAL TO ADMIT TO EXAMINATION,
REFUSAL TO ISSUE LICENSE OR CERTIFICATE, REVOCATION,
SUSPENSION, REFUSAL TO RENEW
§16-92-52 	Grounds for refusal to issue license or certificate, revocation,
suspension, refusal to renew. 	Failure of any licensee to comply with chapter 459,
HRS, or this chapter shall be grounds for the board to refuse to admit a person to
the examination, refuse to issue a license or certificate, suspend or revoke a license
or certificate, fine a licensee, or refuse to renew a license. 	In addition, the
following shall be grounds for the board to refuse to admit a person to the
examination, refuse to issue a license or certificate, suspend or revoke a license or
certificate, fine a licensee, or refuse to renew a license:
(1) 	Presentation 	to 	the 	board 	of 	any 	certificate 	or 	testimony 	or
information which was untrue in any material respect or illegally or
fraudulently obtained, or when fraud or deceit has been practiced in
obtaining any license or certificate under this chapter or in passing
an examination;
92-17

§16-92-52
(2) 	Conduct of a character likely to deceive or defraud the public, or
habits of intemperance or drug addiction calculated to destroy the
accuracy 	of 	the 	work 	of 	an 	optometrist, 	or 	professional
misconduct, or gross carelessness or negligence, or manifest
incapacity in the practice of optometry;
(3) 	Advertising by means of false and deceptive statements or by
statements which tend to deceive or defraud;
(4) 	Directly or indirectly accepting or offering employment to practice
optometry from, or to any person not having a valid, unrevoked,
and unsuspended license or from any company or corporation,
excepting health maintenance organizations;
(5) 	Soliciting or receiving, directly or indirectly, any price differential,
rebate, refund, discount, commission, credit, kickback, or other
allowance, whether in the form of money or otherwise, from a
dispensing optician for or on account of referring or sending to the
dispensing optician of any intended or prospective wearer or user of
any article or appliance prepared or furnished by a dispensing
optician, or for or on account of any service or article furnished by
the dispensing optician to any intended or prospective wearer or
user;
(6) 	Using any name in connection with the licensee's practice other than
the name under which the licensee is licensed to practice, or using
any advertising which fails to clearly identify the individual licensee
or which is ambiguous or misleading as to the licensee's identity;
(7) 	Employing 	or 	utilizing 	any 	unlicensed 	individual 	to 	perform
optometric services in connection with refraction or visual training
without directly and personally supervising the individuals in the
performance of the services;
(8) 	Utilizing pharmaceutical agents without first being certified by the
board to do so, or utilizing pharmaceutical agents for purposes other
than those as specified in chapter 459, HRS;
(9) 	Failing to refer a patient to an appropriate licensed physician upon
discovery, by history or examination, that the patient evidences an
ocular 	abnormality or symptoms of systemic disease requiring
further diagnosis and possible treatment by a licensed physician;
(10) 	Being convicted, whether by nolo contendere or otherwise, of a
penal offense substantially related to the qualifications, functions or
duties in the practice of optometry notwithstanding any statutory
provision to the contrary; and
92-18

§16-92-67
(11) 	Failing to report any disciplinary action taken against the licensee in
another 	jurisdiction 	to 	the 	board 	within 	thirty 	days 	of 	the
disciplinary 	action. 	[Eff 	and 	comp 	10/31/86; 	am 	and 	comp
5/19/89; 	am 	and 	comp 	4/21/97; 	am 	and 	comp 	7/23/99;
comp 6/3/02; comp 11/1/10] (Auth: 	HRS §459-4) (Imp: 	HRS
§§459-1, 459-4, 459-9)
SUBCHAPTER 12
TRADE NAMES
§16-92-65 	Approval of trade name. 	All trade names, other than the
licensed name of an individual optometric practitioner, shall be approved by the
board. 	All trade names shall not connote or imply any relationship either directly
or indirectly with any governmental agencies (municipal, state, or federal), union
or labor organizations, church or religious sects, schools or colleges, medical or
optometric material manufacturing business corporations or companies, nor shall it
imply that it is connected with any race or racial organizations, student leagues,
fraternities or sororities, or imply the use of specialized techniques. [Eff and comp
5/19/89; comp 4/21/97; comp 7/23/99; comp 6/3/02; comp 11/1/10] (Auth: HRS
§459-4) (Imp: HRS §459-9)
§16-92-66 	Trade name restricted to licensee. 	Whenever a trade name is
used, the trade name shall be used in conjunction with the name under which the
licensee is licensed to practice. 	The only exception to this rule shall be when the
trade name is used verbally. 	If the name of a licensed optometrist appears in the
trade name of the firm and the optometrist's association with the firm is terminated
because of resignation, retirement, or otherwise, the trade name shall be deleted
forthwith. 	[Eff and comp 5/19/89; am and comp 4/21/97; comp 7/23/99;
comp 6/3/02; comp 11/1/10] (Auth: HRS §459-4) (Imp: HRS §§459-2, 459-9)
§16-92-67 	Registration of trade name. 	Once approved by the board, all
trade names shall be registered with the business registration division of the
department, in accordance with chapter 482, HRS. 	[Eff and comp 5/19/89; comp
4/21/97; comp 7/23/99; comp 6/3/02; comp 11/1/10] (Auth: HRS §459-4) (Imp:
HRS §459-9)
92-19

Amendments to and compilation of chapter 16-92, Hawaii Administrative
Rules, on the Summary page dated September 27, 2010, were adopted on
September 27, 2010, following a public hearing held on September 27, 2010,
after public notices were given in the Honolulu Star-Advertiser, The Garden
Island, Hawaii Tribune-Herald, West Hawaii Today, and The Maui News on
August 25, 2010.
These rules shall take effect ten days after filing with the Office of the
Lieutenant Governor.
/s/ Jere H. E. Loo, O.D.
JERE H. E. LOO, O.D., Chairperson
Board of Examiners in Optometry
APPROVED AS TO FORM: 	Date 10/11/10
/s/ David A. Webber
Deputy Attorney General
APPROVED: 	Date 10/12/10
/s/ Ronald Boyer
RONALD BOYER, Director
Department of Commerce and Consumer Affairs
APPROVED: 	Date 10/20/10
/s/ Linda Lingle
LINDA LINGLE
Governor
State of Hawaii
October 21, 2010
Filed
92-21

DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
Amendment and Compilation of Chapter 16-92
Hawaii Administrative Rules
September 27, 2010
SUMMARY
1. 	§16-92-2 is amended.
2. 	§16-92-8 is amended.
3. 	Chapter 92 is compiled.
This material can be made available for individuals with special needs. Please call the Program Specialist, Professional
and Vocational Licensing Division, DCCA, at 586-2692 to submit your request.
Effective 11/01/10