South Carolina Code of Regulations
Unannotated
Current through State Register Volume 37, Issue 9, effective September 27, 2013

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CHAPTER 95.

DEPARTMENT OF LABOR, LICENSING AND REGULATION-- BOARD OF EXAMINERS IN OPTOMETRY

Statutory Authority: 1976 Code Sections 40-37-10 et seq

95-1. Prescribing Contact Lenses as Practice of Optometry.

A. Prescribing contact lenses includes, but is not limited to, fitting lenses for either cosmetic or therapeutic purposes.

HISTORY: Amended by State Register Volume 9, Issue No. 3, eff March 22, 1985; State Register Volume 31, Issue No. 6, eff June 22, 2007.

95-2. Advertisements.

A. An optometrist must identify him/herself as an optometrist or O.D. in all communications published or circulated, directly or indirectly, to the public.

B. An optometrist cannot designate him/herself as a specialist in any area of optometric practice unless he or she holds a certification from a creditable national organization recognized by the Board.

C. Assisting in obtaining fees under deceptive, false, or fraudulent circumstances includes, but is not limited to, providing optometric services to clients on behalf of, under the name of, or for wages from or in a fee splitting arrangement with a person, partnership, or corporation that is not in full compliance with South Carolina Code 40-37-390.

HISTORY: Added by State Register Volume 4, eff March 14, 1980. Amended by State Register Volume 31, Issue No. 6, eff June 22, 2007

95-3. Licensure Requirements.

A. All schools or colleges of optometry that hold accreditation from the Accreditation Council for Optometric Education are approved by the Board as the basis for licensure. Schools or colleges accredited by other bodies will be considered on a case by case basis for approval.

B. A passing score on all parts of the examination conducted by the National Board of Examiners in Optometry and a passing score on the South Carolina Optometric Jurisprudence Examination are required for initial licensure.

HISTORY: Added by State Register Volume 10, Issue No. 6, eff June 27, 1986. Amended by State Register Volume 31, Issue No. 6, eff June 22, 2007.

95-4. Continuing Education.

A. Each licensee seeking renewal of a license must certify completion of forty (40) hours of continuing education (CE) for the biennial licensure period. Continuing education instruction must be on subjects relative to optometry.

B. Each licensee shall maintain records to support credits claimed. These records must be maintained for a minimum period of three (3) years during which copies may be requested by the Board for audit verification purposes.

C. Sixteen (16) hours, of the forty (40), must be pharmacology or pathology related.

D. CPR certification courses are approved for four hours; CPR re-certification courses are approved for two hours.

E. An unlimited number of CE hours can be from courses sponsored by national, regional, and state optometric organizations, optometry schools, or medical schools. Council on Optometric Practitioner Education (COPE) approved courses are not automatically approved. All laser surgery education is considered general hours, not pharmacology. Hours obtained for CPR certification or CPR recertification are limited to the number of hours above (D) and qualify as unlimited CE.

F. No more than eight (8) of the forty (40) hours required can be from courses, live or online, sponsored by local optometric society groups and private businesses/organizations such as, physicians, optometrists, and optical industry shows. Four (4) hours, of this eight may be for courses that are not limited to the practice of optometry but which are directly related to health care programs such as HIPAA, Medicare and Medicaid, Ethics, and Jurisprudence. Additional hours of CE credit from this category of sponsors may be approved if the sponsor can demonstrate the course is COPE approved and a member of the State Board of Examiners of Optometry from the state wherein the course is offered is present to attest to the enforcement of attendance. The Board will accept COPE approved online CE courses without further review. Online CE courses lacking a COPE approval number must be pre-approved by the Board. Licensees are strongly urged to obtain this approval prior to registering and paying tuition for any such course.

G. General business, marketing, and management course are not approved for continuing education.

H. Correspondence and video/audio presentation are not approved for continuing education.

HISTORY: Added by State Register Volume 31, Issue No. 6, eff June 22, 2007.

95-5. Licensure By Endorsement.

A. To demonstrate that he or she is currently licensed and practicing at the therapeutic level in another jurisdiction, an endorsement candidate should provide evidence of active practice for the twelve (12) month period immediately preceding application or in the alternative evidence of active practice during twenty four (24) of the last thirty six (36) months.

B. To demonstrate that he or she has practiced at the therapeutic level in another jurisdiction, an endorsement candidate should provide evidence that he or she was authorized by law to treat glaucoma in the other jurisdiction.

C. The Board recognizes satisfactory completion of the examination by the National Board of Examiners in Optometry offered at the time of first licensure (if 1985 or later), or satisfactory completion of the TMOD and satisfactory completion of the South Carolina Optometric Jurisprudence Examination as appropriate prerequisites for licensure by endorsement.

HISTORY: Added by State Register Volume 31, Issue No. 6, eff June 22, 2007.

95-6. Professional Standards For Patient Records.

A. Licensees of this Board must comply with the South Carolina Physicians' Patient Records Act, S.C. Code 44-115-10, et seq., except for 44-115-130.

B. A licensee who contracts with the owners of the optometric practice in which he or she provides professional services so that the owner agrees to manage the records in compliance with the Act will be considered in compliance with this regulation.

HISTORY: Added by State Register Volume 31, Issue No. 6, eff June 22, 2007.




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