'J SuPP. Ie/ #71 ~u1j"o ~~ ~50-1.01 Regular Annual Meetings 250-1.02 Special Meetings 250-1.03 Majority Vote 250-1.04 Officers of Board and Committees 250-1.05 Application 250-1.06 Previous Training 250-1.07 Application Fee 250-1.08 Record of Addresses 250-1.09 Minimum Equipment 250-1.10 Case Records 250-1.11 Where Examinations Conducted 250-1.12 Branch Office Permit 250-1.13 Branch Office Defined 250-1.14 Retirement from Practice 250-1.15 No other Materials in Office 250-1.16 Professional Designation 250-1.17 Office Entrance Working 250-1.18 Display of License, Diploma or Certificate 250-1.19 Advertising Superior Service Prohibited 250-1.20 Advertising Lower Cost or on Terms Prohibited 250 1.01 Regular Annual Meetings.-Regular annual meetings of the Board shall be held at least once a year, at such place and beginning on such date and running for the period of time as the Board may at a previous meeting have detenp.ined. At least thirty days' notice of such regular annual meeting, specifying the time, place and date of the opening of the meeting, shall be given by at least one publication in a newspaper of general circulation throughout the State. General Authority 463.05 Law Implemented 463.03 250 1.02 Special Meetings.-Special meetings of the Board may be held at such time, date and place as may be determined by the Board, for the transaction of such business as the Board in its discretion may consider. No publication of intention to hold such special meeting shall be given. General Authority 463.05 Law Implemented 463.03 250 1.03 Majority Vote.-A majority vote of the members of the Board, that is to say, the affirmative vote of at least three members of the Board, shall be required to decide or determine any matter before or pertaining to any regular annual meeting or at any special meeting. General Authority 463.05 Law Implemented 463.04 250 1.04 Officers of Board and Commit tees.-at regular annual meetings of the Board, it shall elect from its members a Presi- OPTOMETRISTS RULES OF FLORIDA STATE BOARD OF OPTOMETRY CHAPTER 250-1 OPTOMETRISTS 1 CHAPTER 250-1 250-1.21 Signs on Office Doors and Windows 250-1.22 Display of Eye-Glass Signs or Decalcomania Eyes Prohibited 250-1.23 Professional Card 250-1.24 Professional Announcements 250 1.25 Display Advertising 250-1.26 Display of Merchandise Prohibited 250-1.27 Billboard Advertising 250 1.28 Window Displays 250-1.29 Soliciting Business Prohibited 250-1.30 Splitting of Fees Prohibited 250-1.31 Hiring out Practice of Services Prohibited 250-1.32 Use of Drugs Prohibited Except under Certain Circumstances 250-1.33 Procedure at Revocation and Administrative Hearings 250-1.34 Premises Upon Which Practice of Optometry Not Permitted 250-1.35 Continuing Professional Education for License Renewal dent, a Vice-President and a Secretary-Treasurer, each of whom shall hold office until the next regular annual meeting or until their successor or successors shall have been duly elected. The Board at each regular annual meeting shall determine the various standing committees necessary to carry out and perform the business and functions. of the Board until the next regular annual meeting and the President shall forthwith appoint, from among the members of the Board, the members of such respective committees. Provided, however, that the Vice-President of the Board shall always automatically during the term of his office as such, be Chairman of the Law Enforcement Committee of the Board. And provided further, that the Law Enforcement Committee shall be a standing committee of the Board. Except as otherwise provided herein, the officers of the Board shall perform such acts and duties and have such responsibilities as normally appertain to their respective offices. The Board, at any meeting, regular or special, may create any other committee or committees as may be deemed necessary by the Board and appoint the members thereof. General Authority 463.05 Law Implemented 463.03. 463.0'. 463.11, 463.14, 463.19, 463.20 250 1.05 Application.-Each application for license to practice optometry filed with the Board must contain therein, or have attached thereto, six recent photographs of the appli-
CHAPTER 250-1 OPTOMETRISTS Supp. #71 cant named in such application, such photographs to show a front view of the head and shoulders of applicant and to be of the approximate size of 2 x 3 inches. In addition, each applicant shall submit to the State Board, two (2) copies of his fingerprints, each on an applicant fingerprint form. Each application shall contain a list of the office or offices, either main office and/ or branch office, of the applicant or utilized by him or in which he may have an interest, such list to contain the name or names of such offices, the addresses thereof, and the professional associates of any therein of the applicant. Any false statement in the application shall be considered by the Board sufficient reason or cause for rejection of the application by the Board. General Authority 463.05 Law Implemented 463.09 Bistory.-Amended 12-7-69 250-1.06 Previous training.-a certified copy of the transcript of record from the school or schools of Optometry attended by the applicant shall accompany each application to the Board, which certified transcript of record shall show the total number of hours of attendance, the subject studied, the date of graduation of the applicant and must affirmatively show compliance with all provisions of the State law with respect to eligibility of the applicant to take the examination. In addition to the foregoing, the application shall be accompanied by Transcripts of Record of and from any and all other Colleges or Universities attended by the applicant and/or graduated therefrom. Citizenship of the applicant must be affirmatively shown, with photostatic copies of all documents pertaining thereto that are necessary in proof of such citizenship. General Authority 463.05 Law Implemented 463.09 250-1.07 Application fee.-no application fee for examination, nor any part thereof, will be returned to any applicant, either before or after the application is filed, because of the decision of the applicant not to stand the examination or his failure for any reason to take the examination. All application fees shall be by money order, cashier's bank check, or bank drafts, payable to Florida State Board of Optometry. General Authority 463.05 Law Implemented 463.10 250-1.08 Record of addresses.-each registered optometrist in Florida shall, on or before January 1st of any year, advise the Secretary of the Board in writing, of his correct home or mailing address, his correct office address, and the correct address of any branch office which such optometrist may have. Thereafter, during any year, each such optometrist shall promptly advise and report to the Secretary of the Board any change in any of said addresses. General Authority 463.05, 463.11 Law Implemented 463.11 2 250-1.09 Minimum equipment.-each optometrist is required to have the following minimum equipment in good working order in his office (and each branch office if permit is granted therefor) for the conduct of the practice of Optometry: 1. Ophthalmoscope; 2. Retinoscope; 3. Ophthalmometer or Keretometer; 4. Trial frames, trial lenses and prisms; 5. Standard charts or other standard Visual Acuity Test Appliances; 6. Tonometer. General Authority 463.05, 463.11 Law Implemented 463.11 Blatory.-Amended 11-20-62 250-1.10 Case records.-complete case records shall be kept of all examinations made by optometrists. General Authority 463.05, 463.11 Law Implemented 463.11 250-1.11 Where examinations conducted. No optometrist shall make an examination of a patient outside of his regular office (or branch office if permit therefor be granted), unless and until he shall have first received an unsolicited request to make such examination by the patient. General Authority 463.05, 463.11 Law Implemented 463.11 250-1.12 Branch office permit.-no optometrist in Florida may conduct or maintain a branch office for the practice of Optometry without first receiving a permit from the Board for such branch office. Application for permit for such branch office shall be made to the Board by filing same with the Secretary, upon such form of application as may be prescribed by the Board. All questions asked upon said application form shall be answered and all information required thereon shall be furnished by the applicant. General Authority 463.05 Law Implemented 463.11 250-1.13 Branch office defined.-a branch office is defined and construed by the Board as a secondary office established by a registered and licensed Optometrist, at a location which is in the best interest of public service, and which is open for such service only when the registered Optometrist is personally in attendance and is always kept closed in his absence. Such branch office must be always duly equipped with proper and permanent equipment and instruments necessary to make complete optometric examinations. The Board does not consider a branch office as being essential, or that a permit may be issued therefor, if only for the economic gain of the individual Optometrist, or if such economic gain is the primary incentive for the equipment of such branch office, but on the contrary, public interest and public necessity for local optometric service shall be the paramount consideration. General Authority 463.05 Law Implemented 463.11 250-1.14 Retirement from practice.-the language 'An optometrist who retires from the
SuPP. #71 OPTOMETRISTS CHAPTER 250-1 actual practice of optometry in the State of Florida', as used in Section 463.17, Florida Statutes, 1955, is hereby defined and is understood and construed by the Board to mean an optometrist who has previously been actively engaged in the practice of optometry in the State of Florida and who has actually established himself in such practice at an established office but who subsequently retires from such practice, with the bonafide, actual and fixed intention to permanently not engage in the practice of optometry thereafter in that State, as distinguished from a mere temporary or seasonal abandonment or cessation of such practice. Such retired optometrist shall in no wise embrace or include an optometrist who merely fails or refuses to pay any annual renewal of registration fee as referred to in Section 463.17, Florida Statutes, 1955. General Authority 463.05 Law Implemented 463.17 250-1.15 No other materials in office. No optometrist shall practice in or on the premises where any materials other than those necessary to render his professional service are dispensed to the public. General Authority 463.05 Law Implemented 463.11, 463.14 250-1.16 Professional designation.-no Optometrist, when using the doctor title, shall qualify it in any other way than by the use of the word "Optometrist". He may, however, when not using the prefix, use after his name the "O.D." degree designation. General Authority 463.05 Law Implemented 463.11 250-1.17 Office entrance wording.-every licensed Optometrist, whenever actively engaged in the practice of Optometry, or holding himself out as such practitioner, shall cause to be placed and kept in a conspicuous place at each entrance to his office, words or proper abbreviations in intelligible lettering not less than 2 inches in height and one inch in width, clearly denoting that he is engaged in the profession of Optometry. General Authority 463.05 Law Implemented 463.11 250-1.18 Display of license, diploma or certificate.-no registered Optometrist shall display his license, diploma or certificate to practice in such manner as to be seen and read from outside his office. General Authority 463.05 Law Implemented 463.11 250-1.19 Advertising superior service prohibited.- No registered Optometrist shall use any means or methods of advertising, or shall hold himself forth in such a way, as to claim or tend to claim superior service so as to carry the slightest intimation of having superior qualification, or that he is superior to other Optometrists, or use any words which normally or reasonably tend to convey such meaning to the reading or listening public. General Authority 463.05 Law Implemented 463.11. 463.14 250-1.20 Advertising lower cost or on terms prohibited.-no registered Optometrist shall use or permit any means or methods of advertising stating or implying that his service will cost less, or that terms of payment to him for such services may be less arduous. Examples of such prohibited advertising or advertisements are those which contain the following phrases: "at a savings," "the same reasonable terms," "lower costs," "convenient terms," "out of the high rent district," "use your charge account," "more economical," "save money," or words of similar import. General Authority 463.05 Law Implemented 463.11. 463.14 250-1.21 Signs on office doors and windows. -No registered Optometrist shall display any sign containing other than his name, profession, and office hours; provided, that in addition thereto, the optometrists may put the words "Eyes Examined" and one particular specialized service, if any, in the field of optometry that the optometrist might specialize in. No such sign may be used except on office windows or in connection with an entrance to his office. Lettering in such signs may not be luminous or illuminated, and must not be more than 4" in height for street level or 7" in height above street level; provided, however, that lettering in the words "Eyes Examined" or other such words as may briefly describe the particular specialized service, if any, in the field of optometry that the optometrist might specialize in, shall be in lettering not more than 2" in height for street level or 4" in height above street level. General Authority 463.05 Law Implemented 463.11 250-1.22 Display of eye-glass signs or decalcomania eyes prohibited.-no registered Optometrist shall display eye-glass signs or painted or decalcomania eyes anywhere or in any manner or form of advertising. General Authority 463.05 Law Implemented 463.11 250-1.23 Professional card.- General Authority 463.05 l-s Law Implemented 463.11 History.-Amended 8-25-66. Repealed 12-7-69 250-1.24 Professional announcements.-any registered optometrist may publish a 2 column wide by two (2) inches high professional announcement. Such professional announcement shall be limited to a statement of the original establishment of an office, and that there has been a change in the professional personnel, and/or location. Publication of such announce- 3
CHAPTER 250-1 OPTOMETRISTS Supp. #71 ments shall not exceed a period of three months. General Authority 463.05 Law Implemented 463.11 Hldo!7.-Amended 8-13-65. 12-7-69 250-1.25 (1) Display advertising- No registered Optometrist shall use or permit any advertising of his professional services by the medium of advertising known as "display advertisement." (2) Telephone book listing- No registered Optometrist shall use or permit any other listing in the telephone directory other than his name, office address, telephone number, hours open for services of the Optometrist so advertising. No bold face type advertising shall be used in the above listing. No association or group in any institutional advertising in the telephone directory can refer to any address or telephone number. Any institutional advertising in the telephone directory must be approved by the Florida State Board of Optometry before submission to the telephone company. General Authority 463.05 ; Law Implemented 463.11 History.-Amended 8-13-65. 8-25-66. 12-7-611 250-1.26 Display of merchandise prohibited. -No registered Optometrist shall display any merchandise, ophthalmic material or instruments, or such advertising of any kind, in or through the windows or doors of his office. General Authority 463.05 Law Implemented 463.11, 463.14 250-1.27 Billboard advertising.- General Authority 463.05 Law Implemented 463.11, 463.1" History.-Repealed 12-7-69 250-1.28 Window displays.-window displays of any registered Optometrist are prohibited. A window display is defined and construed by the Board as any advertising or public display on the window or windows of the office of any registered Optometrist, which would be prohibited in any other form of advertising or other public display medium as set forth in any of these amended rules and regulations. General Authority 463.05 Law Implemented 463.11, 463.14 250-1.29 Soliciting business prohibited. No registered Optometrist may employ "cappers" or "steerers" to obta.in business. "Cappers" or "steerers" are hereby defined to be persons, employed by anyone whomsoever, and for any consideration of any kind, for the purpose of soliciting, procuring, directing or obtaining business for any Optometrist. General Authority 463.05 Law Implemented 463.11, 463.14 250-1.30 Splitting of fees prohibited.-no fee derived or received by any registered Optometrist for rendering by him of Optometric services to a patient may be split or divided 4 by the Optometrist with any person, other than a registered optometrist, because of such patient having been treated or examined by that particular Optometrist. General Authority 463.05 Law Implemented 463.11, 463.14 250-1.31 Hiring out practice or services prohibited.-no registered Optometrist shall practice his profession in such way or under any contract, agreement, or arrangement of whatever form or character, whereby his professional services are hired out or leased out, or employed by, any layman or store owner. A registered Optometrist shall always practice his profession in this State as a professional practitioner and shall never allow the same to descend or deteriorate to that of a mere tradesman. He shall never practice his profession or commit any act or acts in connection therewith, that would reasonably impair the professional aspect of his profession. General Authority 463.05 Law Implemented 463.11 250-1.32 Repealed Sept. 15, 1962. 250-1.33 Procedure at revocation and Administrative hearings.-all proceedings by the Board pursuant to Section 463.11, Florida Statutes, or any Section of Chapter 463 of the Florida Statutes, or any rules or regulations, or orders promulgated by the Board, relating to revocation of license to practice optometry, shall be held in accordance with Chapter 120, Part II, Florida Statutes. All such hearings or other administrative proceedings by the Board shall be set by the Board as to the time, date and place. An accusation or charge may be filed with the Secretary-Treasurer of the Board charging a violation of a provision of the Florida Statutes, Chapter 463, or any rules or regulations, or orders promulgated by the Board against a registered optometrist, by the Board of Optometry signed by the President and Secretary-Treasurer of the Board on behalf of the Board. When the accusation is filed, the Board shall set a date for hearing thereon. The Secretary-Treasurer of the Board shall submit to the accused a true copy of the accusation and shall notify the accused in writing of the date fixed for the hearing, which date shall not be less than thirty (30) days from the date of such notice, and the name of the accuser or accusers. The accused may appear and show cause why his Registration Certificate should not be revoked. For the purpose of such hearing, the Board is empowered to require by subpoena the attendance of witnesses to administer oaths and hear testimony, either oral or documentary, for and against the accused. The notice provided for
SUPP. #71 OPTOMETRISTS OHAPTER 250-1 in this section shall be substantially in the following form: "To, Florida, You are hereby notified that an accusation or charge has been filed with the Secretary-Treasurer of the Florida State Board of Optometry against you as a practicing optometrist in the State of Florida, a true copy of such accusation being attached hereto, and that the said Board has fixed the day of, A.D., 19, at the hour of o'clock --------- in, Florida for a hearing on such accusation, at which time you are hereby notified to appear before the said Board and show cause, if any you can, why your license to practice optometry in Florida should not be revoked. At the same time and place, the Board will hear testimony, either oral or documentary, both for and against you, relating to such charges. You are hereby notified that you may represent yourself or that you may at your expense be represented by counsel of your choice. It is not mandatory that you be represented by counsel, but notification of such right and privileges is hereby given. Dated at, Florida. Secretary-Treasurer of the Florida State Board of Optometry." All administrative hearings of the State Board of Optometry shall be presided over by the Board or a hearing officer designated by the Board and in addition the Board may appoint its attorney as the hearing officer at any or all hearings. The hearing officer appointed to preside at an administrative hearing shall conduct an orderly hearing on all issues presented in accordance with Chapter 463 and Chapter 120, Florida Statutes, and the rules of this Board. An accurate record of the testimony, evidence, and all proceedings made before the hearing officer shall be made, transcribed, indexed, and bound by a Court Reporter supplied by the Florida State Board of Optometry. Any party may contract with the court reporter for a transcript of the proceedings. The original copy of all pleadings, motions or other requests, transcripts and exhibits, together with the proposed findings of fact or briefs and the recommended order of the hearing officer and any exceptions which are taken thereto, shall be filed with the Secretary-Treasurer of the Florida State Board of Optometry. The foregoing shall constitute the record of the proceedings for the entry of a final order. After expiration of the time for the submission of proposed findings of fact as provided by the following paragraph, or as soon thereafter as preparation of the transcript will reasonably permit, the hearing officer shall make and submit his recommended order which shall contain findings of fact, and when appropriate, conclusions of law. The hearing officer shall file the original copy of his recommended order with the Secretary Treasurer of the Florida State Board of Optometry with sufficient copies to permit distribution to all parties or their counsel. The Secretary-Treasurer of the Florida State Board of Optometry shall promptly provide all the parties or their counsel with a copy of the recommended order. Not later than ten (10) days after the termination of a hearing, any party to the proceeding may, if they desire, submit proposed findings of fact, conclusions of law, and a brief in support thereof. The original copy of the foregoing instruments shall be filed with the Secretary-Treasurer of the Florida State Board of Optometry on or before the expiration of the time therefor and copies served upon the hearing officer and the opposing party or their counsel. Not later than ten (10) days after the filing of a recommended order, any party to the proceeding may take exceptions to the recommended order and file a brief in support thereof. The original of such instruments shall be filed with the Secretary-Treasurer of the Florida State Board of Optometry on or before the expiration of the time therefor and copies served upon the opposing party or their counsel. Any party taking exceptions to the recommended order of the hearing officer may request oral argument thereon before the Florida State Board of Optometry. The application therefor shall not be incorporated in the exceptions but shall be filed separately not later than the time permitted for the filing of the exceptions. All parties shall be notified in writing at least five (5) days in advance of the time and place of the oral argument on the exceptions before the Florida State Board of Optometry. Where no exceptions are taken to the recommended order of the hearing officer within the time provided above, the recommended order of the hearing officer, together with appropriate disciplinary measures, shall be adopted as the final order of the Florida State Board of Optometry. When exceptions are taken to the recommended order of the hearing officer, the Florida State Board of Optometry, after oral argument thereon, provided same was requested, will proceed to enter a final order. In the rendition of a final order, the Board may overrule the exceptions in whole or in part and adopt the recommended order of the
CHAPTER 250-1 OPTOMETRISTS Supp. #71 hearing officer; or the Board may overrule the recommended findings or rulings made in the recommended order in whole or in part or otherwise take such action and enter such final order as it deems appropriate to the circumstances of the case. General Authority 463.05 ; Law Implemented 463.11 Hlstory.-Amended 8-25-66, 12-7-69 250-1.34 Premises upon which practice of optometry not permitted.-no optometrist licensed in Florida under Chapter 463, Florida Statutes, shall conduct the practice of his profession in or on premises where a commercial or mercantile establishment is the primary business being conducted. General Authority 463.05 Law Implemented 463.11, 463.14 250-1.35 Continuing Professional Education for License Renewal.- All registered optometrists now or hereafter, unless exempted by this rule, shall be required to take annual refresher courses in optometry. Four hours of continuing professional education will be required for license renewals in 1970, and eight hours will be required for license renewals in 1971. The Florida State Board of Optometry will annually thereafter advise all optometrists as to educational requirements for any subsequent years. Each optometrist must submit proof of his educational requirement to the Board. All continuing professional education will be judged by the Board solely on whether or not it constitutes improvement, advancement, and extension of one's professional skill and knowledge in the practice of Optometry. Those courses relating to Practice Management, Office Procedures, Social Legislation, etc. will not be approved for credit. Credit will be allowed for the following: A. Scheduled post graduate or continuing education courses by schools or colleges of Optometry which have been approved by the Florida State Board of Optometry. B. Scheduled courses at the American Academy of Optometry meetings. C. Continuing education courses arranged by the Florida Optometric Association's Education Committee which have been approved by the Board. D. Local, state, regional or national continuing professional education courses including post graduate studies, institutes, seminars, lect~res, conferences, workshops, extension studies, or such other form of continuing professional education as may be approved by the Board. Credit will be allowed on the basis of an hour for hour. To receive one hour credit, one must attend one full hour. There will be no fractional hour credits. To obtain credit one's attendance must be attested by someone in charge of the program on either a form circulated at the meeting or on the form provided in the back of the Laws Rules and Regulations Booklet. ' Credit will be allowed only for the year in which the education course was actually attended. Example: Credit for 1969 must be obtained between January 1, 1969 and December 31, 1969 for license renewal on January 1, 1970. The registered Optometrist is responsible to the Florida State Board of Optometry for obtaining the continuing professional education as prescribed by the Board. This rule shall apply only to active, out-of-state and inactive licensed practitioners, and shall not apply to retirees, or active military personnel. General Authority 463.05 ; Law Implemented 463.05 HlBtory.-New 5-20-63, Amended 12-7-69 6