ARC 6095C

ARC 6095C

PROFESSIONAL LICENSURE DIVISION[645]

Notice of Intended Action

Proposing rule making related to licensure of optometrists

and providing an opportunity for public comment

The Board of Optometry hereby proposes to amend Chapter 180, "Licensure of Optometrists," Iowa Administrative Code.

Legal Authority for Rule Making

This rule making is proposed under the authority provided in Iowa Code sections 147.76 and 154.3.

State or Federal Law Implemented

This rule making implements, in whole or in part, Iowa Code section 154.3.

Purpose and Summary

The proposed amendments update the license application procedures, streamline the requirements for endorsement applications, streamline the requirements for license reactivation and add an examination option for license reactivation.

Fiscal Impact

This rule making has no fiscal impact to the State of Iowa.

Jobs Impact

After analysis and review of this rule making, no impact on jobs has been found.

Waivers

A waiver provision is not included in this rule making because all administrative rules of the professional licensure boards in the Professional Licensure Division are subject to the waiver provisions accorded under 645—Chapter 18.

Public Comment

Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Board no later than 4:30 p.m.on January 4, 2022. Comments should be directed to:

Public Hearing

A public hearing at which persons may present their views orally or in writing will be held as follows:

Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making. In an effort to ensure accuracy in memorializing a person's comments, a person may provide written comments in addition to or in lieu of oral comments at the hearing.

Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Board and advise of specific needs.

Review by Administrative Rules Review Committee

The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee's meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

The following rule-making actions are proposed:

Item 1. Rescind subrule 180.2(1) and adopt the following new subrule in lieu thereof:

180.2(1) The following criteria shall apply to licensure:

a. Applicants shall complete a board-approved application. Applications may be completed at the board's website (www.idph.iowa.gov/licensure).

b. Applicants shall submit the appropriate fees payable to the Board of Optometry. The fees are nonrefundable.

c. No application will be considered complete until official copies of academic transcripts sent directly to the board from an accredited school or college of optometry are received by the board and the applicant submits proof of satisfactory completion of all educational requirements contained in Iowa Code chapter 154.

d. Applicants shall provide evidence of passing all current NBEO examinations including the Treatment and Management of Ocular Disease examination.

e. Licensees who were issued their licenses within six months prior to the renewal date shall not be required to renew their licenses until the renewal date two years later.

Item 2. Rescind subrule 180.3(1) and adopt the following new subrule in lieu thereof:

180.3(1) Applicants who have been licensed as an optometrist in another state may apply for licensure by endorsement by submitting the following:

a. A completed licensure application and payment of the application fee.

b. Verification of license(s) from every jurisdiction in which the applicant has been licensed showing the licensee's name, date of initial licensure, current licensure status, and any disciplinary action taken against the license.

c. Evidence of a passing score for all parts of the NBEO examination at the time of licensure as an optometrist in another state and evidence of a passing score for the Treatment and Management of Ocular Disease examination.

d. Verification of current competence to practice as an optometrist by satisfying one of the following criteria:

(1)Current CELMO certification; or

(2)Practice as an optometrist for a minimum of 2,080 hours during the preceding two-year period; or

(3)Employment as a faculty member teaching optometry in an accredited school of optometry for at least one academic year during the preceding two-year period; or

(4)Completion of a minimum of 50 hours of continuing education during the preceding two-year period; or

(5)Passing the NBEO examination during the preceding two-year period.

Item 3. Rescind rule 645—180.11(17A,147,272C) and adopt the following new rule in lieu thereof:

645—180.11(17A,147,272C) License reactivation. To apply for reactivation of an inactive license, a licensee must submit the following:

180.11(1) A completed reactivation application and payment of the application fee.

180.11(2) Verification of license(s) from every jurisdiction in which the licensee has been licensed showing the licensee's name, date of initial licensure, current licensure status, and any disciplinary action taken against the license.

180.11(3) Verification of current competence to practice as an optometrist by satisfying one of the following criteria:

a. Current CELMO certification; or

b. Practice as an optometrist for a minimum of 2,080 hours during the preceding two-year period; or

c. Employment as a faculty member teaching optometry in an accredited school of optometry for at least one academic year during the preceding two-year period; or

d. Completion of a minimum of 50 hours of continuing education during the preceding two-year period; or

e. Passing the NBEO examination during the preceding two-year period.