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TITLE 852 INDIANA OPTOMETRY BOARD

Notice of Intent to Adopt a Rule
LSA Document #12-164

Under IC 4-22-2-23, the Indiana Optometry Board intends to adopt a rule concerning the following:

OVERVIEW: Adds 852 IAC 1-1.1-2.5 to establish the requirements concerning the applications and fees for issuance or renewal of an optometry license and optometric legend drug certificate. Amends 852 IAC 1-1.1-4 concerning the requirements for an optometry license. Amends 852 IAC 1-1.1-5 concerning the acceptance of a current certificate issued by the Association of Regulatory Boards of Optometry (ARBO), Council on Endorsed Licensure Mobility for Optometrists (CELMO), in lieu of an official transcript. Amends 852 IAC 1-2.1-2 concerning the requirements for licensure by endorsement. Amends 852 IAC 1-2.1-4 concerning the jurisprudence examination covering Indiana law. Adds 852 IAC 1-2.1-6 to establish requirements for an optometric legend drug certificate. Amends 852 IAC 1-3-1 to delete the term "grossly incompetent". Amends 852 IAC 1-5.1-1 to add that an optometrist has the responsibility to determine the expiration of a prescription for contact lenses. Amends 852 IAC 1-8-1 to add definitions for the terms "agency" and "COPE". Amends 852 IAC 1-10-1 to add fees for the application and renewal of an optometric legend drug certificate. Amends 852 IAC 1-10-2 concerning support fees to Indiana University for active and inactive licensees. Amends 852 IAC 1-11-1 to modify the term "optometric diagnosis" to "diagnosis". Amends 852 IAC 1-15-1 to correct the spelling of the term "hygienic". Amends 852 IAC 1-15-3 to add "governmental agency" as an entity with which an optometrist may contract to provide independent optometric services. Amends 852 IAC 1-16-1 regarding continuing education requirements to renew an optometry license. Adds 852 IAC 1-16-1.1 to establish continuing education requirements for renewal of an optometric legend drug certificate. Amends 852 IAC 1-16-2 regarding the licensee's responsibility to certify completion of continuing education to renew their optometry license and optometric legend drug certificate. Amends 852 IAC 1-16-3 regarding the requirements for approval of continuing education sponsor. Amends 852 IAC 1-16-4 regarding the standards for the approval of optometry continuing education. Adds 852 IAC 1-16-4.1 to establish the standards for the approval of optometric legend drug continuing education. Amends 852 IAC 1-16-5 regarding the penalty for noncompliance of a licensee who fails to comply with 852 IAC 1-16-1. Adds 852 IAC 1-16-6.5 to establish continuing education credit for optometrists who are speakers at continuing education programs. Amends 852 IAC 1-16-7 concerning the number of continuing education hours granted for self-study per renewal period. Amends 852 IAC 1-16-8 to add additional sponsors of continuing education programs deemed approved. Amends 852 IAC 1-17-1 regarding the requirements for a limited license. Amends 852 IAC 1-17-2 concerning the jurisprudence examination covering Indiana law for a limited license. Amends 852 IAC 1-17-3 regarding the required number of continuing education hours to renew a limited license. Amends 852 IAC 3-3-1 regarding the formulary of legend drugs. Repeals 852 IAC 1-8-5.1, 852 IAC 1-16-6, 852 IAC 2, 852 IAC 3-1-1, 852 IAC 3-1-2, 852 IAC 3-1-3, 852 IAC 3-2, and 852 IAC 3-3-2. Effective 30 days after filing with the Publisher. Questions and comments concerning the proposed rule may be sent to the Small Business Regulatory Coordinator for this rule. Statutory authority: IC 25-24-1-1; IC 25-24-3-10.

For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is:
Cindy A. Vaught
Board Director
Indiana Optometry Board
Indiana Professional Licensing Agency
Indiana Government Center South
402 West Washington Street, Room W072
Indianapolis, IN 46204
(317) 234-2003
cvaught@pla.in.gov

For purposes of IC 4-22-2-28.1, the Small Business Ombudsman designated by IC 5-28-17-5 is:
Eric P. Shields
Indiana Economic Development Corporation
One North Capitol, Suite 700
Indianapolis, IN 46204
(317) 234-3997
smallbizombudsman@iedc.in.gov
Resources available to regulated entities through the small business ombudsman include the ombudsman's duties stated in IC 5-28-17-5, specifically IC 5-28-17-5(9), investigating and attempting to resolve any matter regarding compliance by a small business with a law, rule, or policy administered by a state agency, either as a party to a proceeding or as a mediator.

Posted: 04/04/2012 by Legislative Services Agency

DIN: 20120404-IR-852120164NIA
Composed: Aug 01,2014 8:30:57AM EDT
A PDF version of this document.