handbook for nys optometrists

8/4/2019 Handbook for Nys Optometrists

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Handbook forNew York State

Optometrists


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AppendixI. Education Law

Introduction...........................................................................1

Definition of the Practice of Optometry ...............................1Certification to Use Therapeutic Drugs ................................1

Practice of Optometry and Use of Title Optometrist ........7

State Board for Optometry....................................................7

Requirements for a Professional License..............................7

Exempt Person ......................................................................8

Special Provisions.................................................................8

Advertising of Non-Prescription Ready-to-Wear

Magnifying Spectacles or Glasses ........................................9

II. License RequirementsGeneral Requirements...........................................................10

Education Requirements .......................................................10

Examination Requirements...................................................12

Certification in the Administration of Topical Diagnostic

Pharmaceuticals (DPAS) Requirement.................................12

Therapeutic Pharmaceutical Agents (TPA) Requirement.....13

Fees .......................................................................................13

Partial Refunds......................................................................14

Licensure by Endorsement....................................................14

III. License Application Forms .................................................15Each form listed below is available on the NYSOA website through the following link:http://nysoa.org/index.php?section=handbook&upd=ok

Form 1 - Application for Licensure

Form 2 - Certification of Professional EducationForm 3 Verif. of Licensure/Cert. in another Jurisdiction

Form 4 - Report of Professional Practice

Form 4A - Supporting Affidavit of Professional Practice

Form 1CE - Certification of Exemption

Form AD/NAME - Address/Name Change Form
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IV. Practice GuidelinesPatient Confidentiality .........................................................18

Recordkeeping .....................................................................19

Supervision ..........................................................................19Patient Abandonment...........................................................20

Consultation with Other Professionals.................................20

Fee Disputes.........................................................................20

Insurance Billing and Pitfalls...............................................21

Professional Conduct in Patient Relations...........................22

Office Hygiene Infection Control .....................................22

Proper Prescriptions and the Release of Prescriptions.........22

Questions or Additional Information...................................23

V. Continuing EducationGeneral Information.............................................................24

Continuing Education:Who is required to take it and why? ....................................24

Continuing Education Hours................................................26

Continuing Education Courses andAcceptable Subject Areas ....................................................27

Continuing Education Sponsors...........................................28

Recordkeeping, Reporting and Auditing .............................29

Other Relevant Information .................................................30

Contact for Further Information...........................................30

VI. Mandated Training Related to Child AbuseDocumentation.....................................................................32

Exemptions ..........................................................................32

Choosing A Provider............................................................32

VII. Mandated Training Related to Infection ControlChoosing a Provider.............................................................33

Documentation.....................................................................34

Exemptions ..........................................................................34


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VIII. Consumer InformationWhat is Optometry? .............................................................36

How do Optometrists Treat These Conditions?...................36

When Would I Use The Services of an Optometrist?..........36

What Can I Expect to Happen During an Examination? .....36

Is There a Usual Age for a Child to get an Eye Exam?.......37

What Credentials Do New York LicensedOptometrists Have?..............................................................37

How Do I Locate an Optometrist?.......................................37

What Records Does My Optometrist Maintain?..................38

What Questions Should Individuals with Disabilities ask About

Accessing Services? ............................................................38

To Help Your Professional Relationship with Your OptometristYou Should: .........................................................................38

Verifying a New York License............................................38

VIII. Contact InformationLicense Application Status ..................................................39

Education Credentials from Non-Approved Programs........39

Licensing Examination ........................................................40

Practice Issues and Continuing Education...........................40

Professional Misconduct and Discipline..............................40

General Customer Service ...................................................40

Please use the following link to obtain the below documentshttp://nysoa.org/index.php?section=handbook&upd=ok

IX. Calculating Your Chair CostsPresented by the American Optometric Association Eye CareBenefits Center

Randolph E. Fincher, OD - Health Care Trends Committee

X. Questions to Ask Before Signing a Managed Care ContractPresented by the American Optometric Association Eye CareBenefits CenterRandolph E. Fincher, OD - Health Care Trends Committee
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Education Law

Article 143, Optometry

http://www.op.nysed.gov/article143.htm

7100. Introduction. | 7101. Definition of the practice of optometry. | 7101-a.Certification to use therapeutic drugs. | 7102. Practice of optometry and use of title"optometrist". | 7103. State board for optometry. | 7104. Requirements for aprofessional license. | 7105. Exempt persons. | 7106. Special provisions. | 7107.Advertising of non-prescription ready-to-wear magnifying spectacles or glasses.

7100. Introduction.

This article applies to the profession of optometry. The general provisions for all

professions contained in article one hundred thirty of this title apply to this article.

7101. Definition of the practice of optometry.

The practice of the profession of optometry is defined as diagnosing and treating opticaldeficiency, optical deformity, visual anomaly, muscular anomaly or disease of the humaneye and adjacent tissue by prescribing, providing, adapting or fitting lenses or byprescribing, providing, adapting or fitting non-corrective contact lenses, or by prescribingor providing orthoptics or vision training, or by prescribing and using drugs. The practice

of optometry shall not include any injection or invasive modality. For purposes of thissection invasive modality means any procedure in which human tissue is cut, altered, orotherwise infiltrated by mechanical or other means. Invasive modality includes surgery,lasers, ionizing radiation, therapeutic ultrasound and the removal of foreign bodies fromwithin the tissue of the eye. Nothing in this section or section seventy-one hundred one-aof this article shall be construed to limit the scope of optometric practice as authorizedprior to January first, nineteen hundred ninety-five. The use of drugs by optometrists isauthorized only in accordance with the provisions of this article and regulationspromulgated by the commissioner.

7101-a. Certification to use therapeutic drugs.

1. Definitions. As used in this section, the following terms shall have the followingmeanings:

a. Clinical training. Clinical training shall mean the diagnosis, treatment andmanagement of patients with ocular disease and shall be comparable to

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that acquired by a current graduate of the State University College ofOptometry.

b. Consultation. Consultation shall mean a confirmation of the diagnosis, aplan of co-management of the patient, and a periodic review of the

patient's progress.c. Education review committee. Education review committee shall mean thecommittee established pursuant to subdivision nine of this section.

d. Diagnostic pharmaceuticals. Diagnostic pharmaceuticals shall mean thosedrugs which shall be limited to topical applications to the surface of theeye for the purpose of diagnostic examination of the eye and shall belimited to:

i. Anesthetic agents;ii. Mydriatics;

iii. Cycloplegics;iv. Miotics;v.

Disclosing agents and other substances used in conjunction withthese drugs as part of a diagnostic procedure.

e. Phase one therapeutic pharmaceutical agents. Phase one pharmaceuticalagents shall mean those drugs which shall be limited to topical applicationto the surface of the eye for therapeutic purposes and shall be limited to:

i. antibiotic/antimicrobials;ii. decongestants/anti-allergenics;

iii. non-steroidal anti-inflammatory agents;iv. steroidal anti-inflammatory agents;v. antiviral agents;

vi. hyperosmotic/hypertonic agents;vii. cycloplegics;

viii. artificial tears and lubricants.f. Phase two therapeutic pharmaceutical agents. Phase two pharmaceutical

agents shall mean those drugs which shall be limited to topical applicationto the surface of the eye and shall be limited to:

i. beta blockers;ii. alpha agonists;

iii. direct acting cholinergic agents.2. Standard of care. An optometrist authorized to use pharmaceutical agents for use

in the diagnosis, treatment or prevention of ocular disease shall be held to thesame standard of care in diagnosis, use of such agents, and treatment as thatdegree of skill and proficiency commonly exercised by a physician in the samecommunity.

3. Certificate. The commissioner shall issue appropriate certificates to usetherapeutic pharmaceutical agents in accordance with the provisions of thissection to those optometrists who have satisfactorily completed a curriculum ingeneral and ocular pharmacology at a college of optometry with didactic andsupervised clinical programs approved by the department are eligible to apply forthe certificate issued pursuant to this section.

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4. Phase one therapeutic pharmaceutical agents.a. Before using or prescribing phase one therapeutic pharmaceutical agents,

each optometrist shall have completed at least three hundred hours ofclinical training in the diagnosis, treatment and management of patientswith ocular disease other than glaucoma and ocular hypertension, not

fewer than twenty-five hours of such training shall have been completedsubsequent to June thirtieth, nineteen hundred ninety-three andadditionally shall either have taken and successfully passed the treatmentand management of ocular diseases portion of the National Board ofExaminers in Optometry test or have taken and successfully passed anexamination acceptable to the board.

b. Before using or prescribing phase two therapeutic pharmaceutical agents,an optometrist must be certified for diagnostic and phase one therapeuticagents and have completed an additional one hundred hours of clinicaltraining in the diagnosis, treatment and management of patients withglaucoma and ocular hypertension, not fewer than twenty-five hours of

such training shall have been completed subsequent to July first, nineteenhundred ninety-four, and shall have taken and successfully passed an oralor written examination acceptable by the board.

c. The clinical training required by this section may have been acquired priorto the enactment of this section not inconsistent with paragraphs (a) and(b) of this subdivision. Approval of the pre-acquired clinical training shallbe in accordance with subdivision nine-a of this section.

d. The provisions of paragraphs (a) and (b) of this subdivision shall not applyto (i) graduates of an appropriate program approved by the departmentwho have successfully passed the examination on the use of diagnosticand therapeutic drugs and who graduated subsequent to January first,nineteen hundred ninety-three; or (ii) optometrists who have been certifiedfor at least five years to use phase one and phase two drugs in anotherjurisdiction, have demonstrated such use in independently managedpatients, and have been licensed in accordance with section seventy-onehundred four of this chapter. Provided, however, no optometrist exemptunder this paragraph shall be permitted to use phase one therapeuticpharmaceutical agents or phase two therapeutic pharmaceutical agentsprior to the general authorization provided to optometrists licensed in thisstate.

5. Suspension of certification. The department shall suspend the certification for theuse and prescribing of phase one therapeutic agents of any optometrist who failsto receive certification for phase two therapeutic pharmaceutical agents withinthree years of having been certified for phase one therapeutic pharmaceuticalagents.

6. Consultation.a. After the initial diagnosis of glaucoma or ocular hypertension and before

initiating treatment of any patient, an optometrist shall engage in a writtenconsultation with a licensed physician specializing in diseases of the eye.

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b. A consultation shall be required for a period of three years or until theoptometrist has examined and diagnosed seventy-five patients havingglaucoma or ocular hypertension which examinations require a writtenconsultation in accordance with paragraph (a) of this subdivision,whichever occurs later.

c.

The consultation provisions shall not apply to a graduate of an appropriateprogram approved by the department who successfully passed anexamination in the use of diagnostic and therapeutic pharmaceuticalagents approved by the department and graduated such school subsequentto January first, nineteen hundred ninety-nine and who has had at leastseventy-five documented examinations and diagnosis of patients withglaucoma or ocular hypertension which examinations were part of theirtraining and were under physician supervision.

7. Continuing education. Each optometrist certified to use phase one or phase twotherapeutic pharmaceutical agents shall complete a minimum of thirty-six hoursof continuing education per triennial registration period. The education shall be in

the area of ocular disease and pharmacology and may include both didactic andclinical components. Such educational programs shall be approved in advance bythe department and evidence of the completion of this requirement shall besubmitted with each application for license renewal as required by section sixty-five hundred two of this chapter.

8. Notice to patient.a.

i. An optometrist prescribing steroids or antiviral medication shallinform each patient that in the event the condition does notimprove within five days, a physician of the patient's choice willbe notified.

ii. An optometrist engaged in a written consultation with anophthalmologist shall inform a patient diagnosed with glaucomathat the optometrist will have the diagnosis confirmed and co-managed with an ophthalmologist of the patient's choice, or oneselected by the optometrist.

b. In addition, each optometrist certified to prescribe and use therapeuticdrugs shall have posted conspicuously in the office reception area thefollowing notice:

"Dr. (Name), O.D. is certified by New York State to use drugs to diagnoseand treat diseases of the eye. In the event your condition requires the useof steroids or antiviral medication and your condition does not improvewithin five days, a physician of your choice will be notified.

In the event you are diagnosed with glaucoma, the optometrist will haveyour diagnosis confirmed and treatment co-managed with anophthalmologist (MD) of your choice, or if you wish, one selected by Dr.(Name)."

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The second paragraph of such notice shall only be required to be includedduring the period when the optometrist is engaged in a writtenconsultation pursuant to subdivision six of this section.

9. Education review committee. An education review committee is hereby created toadvise and assist the commissioner in evaluating pre-acquired clinical training.The members of the committee shall be appointed by the commissioner inconsultation with the chancellor of the state university of New York. Thecommittee shall consist of five members, two of whom shall be optometrists onthe faculty of the SUNY college of optometry, two of whom shall beophthalmologists who, in addition to being members of the faculty of anyapproved medical school in this state and not also faculty members of SUNYcollege of optometry, have surgical privileges at a New York state hospital. Thefifth member who shall be designated as chair shall be an expert in the field ofpublic health and shall be neither an ophthalmologist nor an optometrist.

The commissioner shall submit each application to the committee for its reviewand recommendation. In making such recommendation, the committee shalladvise as to the number of hours of pre-acquired clinical training, if any, to beapproved, based upon the information submitted with the application. Inevaluating such training, the committee shall be authorized to require thesubmission of such reasonable documentation needed to facilitate the committee'sreview of the adequacy and relevance of such training.

9-a. Pre-acquired clinical training.a. Each optometrist requesting approval of pre-acquired clinical training

shall submit a written application to the department. The commissioner, inconsultation with the education review committee may provide credit forthe following:

i. clinical training acquired at an institution accredited by a regionalor professional accreditation organization which is recognized orapproved by the United States Department of Education, thedepartment and the Board of Regents of the University of the stateof New York;

ii. clinical training acquired at a facility licensed by the state of NewYork in accordance with article twenty-eight of the public healthlaw or at a comparable facility located in another state or countryprovided the licensing requirements or accreditation requirementsof such institution are comparable to those of New York state;

iii. hospital affiliations, including rounds and patient management forapplicants having staff privileges at such facility;

iv. consultation and co-management with ophthalmologists of patientswith ocular disease and post-surgery recovery;

v. postdoctoral accredited residency or fellowship programs;

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vi. experience at an accredited educational institution as a facultyinstructor in clinical practice, ocular disease management andpharmacology;

vii. experience in other states in which the applicant has been certifiedto use therapeutic pharmaceutical agents.

b.

Any optometrist disagreeing with the recommendation of the educationreview committee shall have a right to appeal in writing to thecommissioner. The decision of the commissioner shall be final andbinding on all parties.

10.Pharmaceutical agents. Optometrists who have been approved and certified by thedepartment shall be permitted to use the following drugs:

a. Diagnostic pharmaceuticals.b. Those optometrists having been certified for phase one therapeutic

pharmaceutical agents shall be authorized (i) to use and recommend allnonprescription medications appropriate for ocular disease whetherintended for topical or oral use; and (ii) to use and prescribe all phase one

therapeutic pharmaceutical agents which are FDA approved andcommercially available.

In the event an optometrist treats a patient with topical antiviral orsteroidal drugs and the patient's condition either fails to improve orworsens within five days, the optometrist shall notify a physiciandesignated by the patient or, if none, by the treating optometrist.

c. Those optometrists having been certified for phase two therapeuticpharmaceutical agents shall be authorized to use and prescribe phase twotherapeutic pharmaceutical agents which are FDA approved andcommercially available.

11.Responsibilities of the commissioner. The commissioner shall adopt regulations(a) providing for the certification of graduates of an appropriate programapproved by the department who have successfully passed the examination on theuse of diagnostic and therapeutic pharmaceutical agents and who have graduatedsubsequent to January first, nineteen hundred ninety-three; and (b) providing forthe certification of optometrists who have graduated from other accreditedcolleges of optometry or who are licensed to practice in other jurisdictions, havedemonstrated such use in independently managed patients and are seekinglicensure and certification in New York.

12.Responsibilities of the commissioner of health. The commissioner of health mayrecommend to the commissioner additions or deletions to the department'sregulations relating to optometric use of drugs except that such recommendationsshall be limited only to additions which have been determined to be equivalent tothose drugs already authorized or deletions based upon a finding that the drugs areno longer appropriate for their current use or for other similar reasons.

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7102. Practice of optometry and use of title "optometrist".

Only a person licensed or exempt under this article shall practice optometry or use thetitle "optometrist".

7103. State board for optometry.

A state board for optometry shall be appointed by the board of regents onrecommendation of the commissioner for the purpose of assisting the board of regentsand the department on matters of professional licensing and professional conduct inaccordance with section sixty-five hundred eight of this title. The board shall becomposed of not less than seven optometrists who shall have been residents of this stateengaged in the practice of optometry for at least five years in this state. An executivesecretary to the board shall be appointed by the board of regents on recommendation of

the commissioner.

7104. Requirements for a professional license.

To qualify for a license as an optometrist, an applicant shall fulfill the followingrequirements:

1. Application: file an application with the department;2. Education: have received an education, including a degree of doctor of optometry

or equivalent degree, in accordance with the commissioner's regulations;3. Experience: have experience satisfactory to the board and in accordance with thecommissioner's regulations;

4. Examination: pass an examination satisfactory to the board and in accordancewith the commissioner's regulations;

5. Age: be at least twenty-one years of age;6. Citizenship: meet no requirement as to United States citizenship;7. Character: be of good moral character as determined by the department; and8. Fees: pay a fee of two hundred twenty dollars to the department for admission to a

department conducted examination and for an initial license, a fee of one hundredfifteen dollars for each reexamination, a fee of one hundred thirty-five dollars for

an initial license for persons not requiring admission to a department conductedexamination, and a fee of two hundred ten dollars for each triennial registrationperiod, and for additional authorization for the purpose of utilizing diagnosticpharmaceutical agents, a fee of sixty dollars.

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7105. Exempt persons.

Nothing in this article shall be construed to affect or prevent:

a. A student from engaging in clinical practice under supervision of a licensedoptometrist or physician in a school of optometry in this state registered by thedepartment; or

b. A person licensed to practice optometry from using a degree conferred in courseafter resident study by an educational institution lawfully authorized by the statein which it is located to confer such a degree.

c. An optometrist licensed in another state or country who is employed on a full-time basis by a registered school of optometry as a faculty member with the rankof assistant professor or higher from conducting research and clinicaldemonstrations as part of such employment, under the supervision of a licensedoptometrist and on the premises of the school. No fee may be charged for thepractice of optometry authorized by this subdivision.

7106. Special provisions.

1. The testimony and reports of a licensed optometrist shall be received by anyofficial, board, commission or other agency of the state or of any of itssubdivisions or municipalities as qualified evidence with respect to any matterdefined in section seventy-one hundred one of this article; and no official, board,commission, or other agency of the state or any of its subdivisions ormunicipalities shall discriminate among the practitioners of optometry and any

other ocular practitioners.2. Eyeglasses or lenses for the correction of vision or non-corrective contact lensesmay be sold by any person, firm or corporation at retail, only on prescription of alicensed physician or licensed optometrist and only if a licensed physician,optometrist or ophthalmic dispenser is in charge of and in personal attendance atthe place of sale. This article shall not apply to binoculars, telescopes, or otherlenses used for simple magnification; except, that a seller of non-prescriptionready-to-wear magnifying spectacles or glasses shall have the following languageattached to each pair of glasses or spectacles displayed or offered for sale and inat least ten point bold type permanently affixed in plain view to the top of anypoint of sale display or, if there is no display, in the area of sale: "ATTENTION;READY-TO-WEAR NON-PRESCRIPTION GLASSES ARE NOT INTENDEDTO REPLACE PRESCRIBED CORRECTIVE LENSES OR EXAMINATIONSBY AN EYE CARE PROFESSIONAL. CONTINUOUS EYE CHECK-UPSARE NECESSARY TO DETERMINE YOUR EYE HEALTH STATUS ANDVISION NEEDS." As used in this subdivision "non-prescription, ready to wearmagnifying spectacles or glasses" means spherical convex lenses, uniform in eachmeridian, which are encased in eyeglass frames and intended to ameliorate the

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symptoms of presbyopia. The lenses in such glasses shall be of uniform focuspower in each eye and shall not exceed 2.75 diopters.

3. It shall be a class A misdemeanor to practice any fraud, deceit ormisrepresentation in any advertising related to optometric services.

7107. Advertising of non-prescription ready-to-wear magnifying spectacles or

glasses.

1. Any printed advertising for non-prescription ready-to-wear magnifying spectaclesor glasses to be sold through the mail also shall include the statement,"ATTENTION; READY-TO-WEAR NON-PRESCRIPTION GLASSES ARENOT INTENDED TO REPLACE PRESCRIBED CORRECTIVE LENSES OREXAMINATIONS BY AN EYE CARE PROFESSIONAL. CONTINUOUS EYECHECK-UPS ARE NECESSARY TO DETERMINE YOUR EYE HEALTH

STATUS AND VISION NEEDS." As used in this section, "non-prescription,ready to wear magnifying spectacles or glasses" means spherical convex lenses,uniform in each meridian, which are encased in eyeglass frames and intended toameliorate the symptoms of presbyopia. The lenses in such glasses shall be ofuniform focus power in each eye and shall not exceed 2.75 diopters.

2. Any person, his or her agent or employee who shall violate any provision of thissection shall be subject to a civil penalty of not less than twenty-five dollars normore than two hundred fifty dollars for each violation. For purposes of thissection, the sale or offer for sale of each pair of non-prescription ready-to-wearmagnifying spectacles or glasses which fail to meet the standards of this sectionshall constitute a violation.

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License Requirements

General Requirements | Fees | Partial Refunds | Education Requirement | ExaminationRequirement | Certification in the Administration of Topical Diagnostic Pharmaceuticals

(DPAS) Requirement | Therapeutic Pharmaceutical Agents (TPA) Requirement |Licensure by Endorsement

General Requirements

Any use of the title "optometrist" within New York State requires licensure.

To be licensed as an optometrist in New York State you must:

be of good moral character; be at least 21 years of age; and meet education and examination requirements.

You must submit an application for licensure and the other forms indicated, along withthe appropriate fee, to the Office of the Professions at the address specified on each form.It is your responsibility to follow up with anyone you have asked to send us material.

The specific requirements for licensure are contained in Title 8, Article 143, Section 7104of New York's Education Law and Section 52.17 and Part 66 of the Commissioner'sRegulations. Copies of the relevant sections of New York State Education Law and theCommissioner's Regulations are also available upon request from

[email protected] or by calling 518-474-3817 ext. 320.

You should also read the general licensing information applicable for all professions.

Education Requirement

To satisfy the education requirement for licensure as an optometrist, you must presentevidence of completing A, B and C below.

A. Professional EducationSatisfactory completion of not less than 60 semester hours of college study from aNew York State registered program or the equivalent as determined by the NewYork State Education Department. These 60 semester hours must include coursesin general chemistry, organic chemistry, biology or zoology, and physics.

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B. Professional EducationSatisfactory completion of a professional program in optometry registered by theDepartment as licensure qualifying, accredited by the American OptometricAssociation Council on Optometric Education (AOACOE), or determined by the

Department to be the equivalent of such a licensure qualifying or accreditedprogram. The educational program must consist of four years of college study (orits equivalent) based upon the prerequisite education defined in Part A above andmust lead to the degree of Doctor of Optometry, or its equivalent.

C. Additional Requirements:o Child Abuse Identification Reporting

You must also complete coursework or training in the identification andreporting of child abuse in accordance with Section 6507(3)(a) of theEducation Law. Graduates of New York State optometry programs afterSeptember 1, 1990 are credited with having completed this coursework aspart of their optometry program. All other applicants must submit acertificate of completion from an approved provider or file a certificationof exemption before a New York State license can be issued. Approvedproviders include many hospitals and schools of optometry within NewYork State. You may request additional information regarding thisrequirement including a list of approved providers by calling 518-474-3817 ext. 570. You may be eligible for exemption from the training if youcan document, to the satisfaction of the Department, that your practicedoes not involve professional contact with persons under the age of 18 andthat you do not have contact with persons 18 or older with a handicapping

condition who reside in a residential care school or facility.

o Infection Control and Barrier PrecautionsYou must also complete approved coursework or training appropriate toyour practice regarding infection control and barrier precautions inaccordance with Section 6505-b of the Education Law, includingengineering and work practice controls, to prevent the transmission of thehuman immunodeficiency virus (HIV) and the hepatitis b virus (HBV) inthe course of professional practice. Graduates from New York Stateoptometry programs after September 1, 1993 are credited with having

completed this coursework as part of their optometry program. All otherapplicants must submit an attestation of compliance with or exemptionfrom the infection control coursework requirement (Form 1IC) within 90days of your date of licensure. Form 1IC will be sent to you along withyour license. You may request additional information regarding thisrequirement including a list of approved providers by calling 518-474-3817 ext. 570.

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Examination Requirement

To meet the examination requirement for licensure, you must pass Parts I, II, and III ofthe National Board of Examiners in Optometry (NBEO) examination. Contact the NBEOfor eligibility requirements, fees, and other examination information at:

National Board of Examiners in Optometry (NBEO)200 S. College Street, #1920Charlotte, NC 28202Phone: 704-332-9565 or toll free 800-969-EXAM (3926)Fax: 704-332-9568E-mail: [email protected]: www.optometry.org

Alternatively, if you passed Parts I and II of the NBEO examination and the NortheastRegional Clinical Optometric Assessment Testing Service (NERCOATS) examination,

you meet the examination requirement for licensure.

If you are seeking certification in the use of Therapeutic Pharmaceutical Agents (TPAs),you must pass the NBEO's Treatment and Management of Ocular Diseases (TMOD)examination.

All score reports must be sent directly by the testing agency to the Office of theProfessions. Student copies will not be accepted.

Reasonable Testing Accommodations

If you have a disability and require reasonable testing accommodations for theexamination, contact the NBEO for information on the procedures for requesting suchaccommodations.

Certification in the Administration of Topical Diagnostic Pharmaceuticals

(DPAS) Requirement

If you graduated from a college of optometry registered by the Department as licensurequalifying or accredited by the AOACOE after January 1, 1984, your educational

program included the training required for you to obtain certification in theadministration of topical diagnostic pharmaceuticals. To apply for the certification, youmust check the box in item 1 of the Application for Licensure (Form 1) for "OptometristsDPA Certification" and include the $60 certification fee.

If you graduated from your college of optometry prior to January 1, 1984, please contactthe Office of the New York State Board for Optometry at 518-474-3817 ext. 591 forinformation on the requirements you must meet to obtain the certification.

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Therapeutic Pharmaceutical Agents (TPA) Requirement

If you are interested in certification to use therapeutic pharmaceutical agents (TPAs),

graduated from a college of optometry registered by the Department as licensurequalifying or accredited by the AOACOE after January 1, 1993, and passed the TMODexamination, you must complete item 14 on your Application for Licensure (Form 1) toapply for that certification.

If you graduated from your college of optometry prior to January 1, 1993, you mustcontact the SUNY College of Optometry for information regarding the requirements youmust meet to obtain certification.

SUNY College of Optometry33 West 42nd Street

New York, NY 10036-8003Phone 212-938-4000

Fees

The fee for licensure and first registration is $345.

The fee for certification in the administration of topical diagnostic pharmaceuticals is$60.

Note: If you are applying for both, you may submit one check for $405 for both fees.

Fees are subject to change. The fee due is the one in law when your application isreceived (unless fees are increased retroactively). You will be billed for the difference iffees have been increased.

Do not send cash. Make your personal check or money order payable to the New York State

Education Department. Your cancelled check is your receipt. Mail your application and fee to:

New York State Education Department, Office of the ProfessionsPO Box 22063Albany, NY 12201

Please Note: Payment submitted from outside the United States should be made by checkor draft on a United States bank and in United States currency; payments submitted inany other form will not be accepted and will be returned.

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Partial Refunds

Individuals who withdraw their licensure application may be entitled to a partial refund.

For the procedure to withdraw your application, contact the Optometry Unit [email protected] or by calling 518-474-3817 ext. 250 or by fax at 518-402-5354.

The State Education Department is not responsible for any fees paid to an outsidetesting or credentials verification agency.

If you withdraw your application, obtain a refund, and then decide to seek New YorkState licensure at a later date, you will be considered a new applicant, and you will berequired to pay the licensure fee and meet the licensure requirements in place at the timeyou reapply.

Licensure by Endorsement

Licensure by endorsement of a license issued by another state applies only to thoseapplicants who were licensed without having taken the NBEO, Parts I, II and III or theNBEO Parts I and II and the NERCOATS examination. For the most part, this is anoption for applicants who graduated from a professional optometry program prior to1969, before the use of the NBEO as a national examination. All endorsement applicantsmust present evidence of at least five years of professional practice of optometryfollowing initial licensure and within the 10 years immediately preceding application forlicensure in New York. If you have failed a licensing examination used by the State ofNew York, you are not eligible to apply for licensure by endorsement unless you havesubsequently passed a comparable licensing examination.

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License Application Forms

http://www.op.nysed.gov/optomforms.htm

Instructions for completing and submitting the forms required for licensure appear

below. You may also need to submit additional information (for example,examination scores). Please refer to the license requirements link on the left forcomplete information regarding all requirements you must meet.

Note: All forms are in Adobe Portable Document Format (PDF). To view or print thesedocuments, you will need to have the free Adobe Reader installed on your computer.Download times and print quality will depend on your connection speed and printer.

Adobe Reader

Form 1 - Application for Licensure - (opt1.pdf; 42K; 4 pages)

All applicants for licensure must complete this form and submit it with the $345 licensurefee directly to the Office of the Professions at the mailing address at the end of Form 1.Applicants who are eligible and wish to obtain DPA certification must check both boxesin item 1 of the form and include the additional $60 fee. Make your check payable to theNew York State Education Department.

You must answer all questions and provide all information requested unless otherwiseindicated. Failure to complete all required parts of the application will delay its review.

Your signature on Form 1 must be notarized by a Notary Public. Upon receipt of yourcompleted application, we will send you an acknowledgement letter.

Note: Your cancelled check is your receipt.

Address/Name Change Form - Optional (anchange.pdf; 25K; 2 pages)

You are required to notify us within 30 days of any name or address changes. Please readthe instructions and complete the appropriate sections of this form.

Form 2 - Certification of Professional Education - (opt2.pdf; 28K; 2 pages)

Please Note: This form must be completed and submitted by the educational institution.The Office of the Professions will not accept this form if it is submitted by the applicant.

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Section I: Complete this section of the form before sending it to your school. Be sure tosign and date item 9.

Section II: The Registrar must complete this section and return the form directly to theOffice of the Professions at the mailing address on the form.

Form 3 - Verification of Licensure/Certification in Another Jurisdiction - (opt3.pdf; 25K;2 pages)

Use this form only if you are or have been licensed/certified in another jurisdiction

Section I: Complete this section of the form before sending it to the licensing authority ofeach jurisdiction in which you are or have been licensed/certified. Be sure to sign anddate item 7 and include any fee required by the licensing authority.

Section II: The licensing authority must complete this section, sign, date and return theform directly to the Office of the Professions at the address at the end of the form.

Form 4 - Report of Professional Practice - (opt4.pdf; 15K; 1 page)

Use this form only if you are licensed in another jurisdiction and are seeking

licensure by endorsement.

Complete this form and provide a chronological list of your professional practice in item5 including the name and practice address of the licensed optometrist(s) who will attest toyour practice. Be sure to sign and date item 6.

You must send a corresponding Form 4A to each optometrist you list in item 5.

Form 4A - Supporting Affidavit of Professional Practice - (opt4a.pdf; 22K; 2 pages)

Section I: Complete this section of the form and send it to the licensed optometrist(s) who

will verify your professional practice. Be sure to sign and date item 7. You may need tohave more than one affidavit submitted for comprehensive certification of the requiredfive years of professional optometry practice. Please photocopy the form as needed

Section II: The licensed optometrist(s) who will verify your professional practice mustcomplete and submit the form directly to the Office of the Professions at the address atthe end of the form.

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Child Abuse Certification of Exemption Form - (form1ce.pdf; 17k; 1 page)

This form is not for all applicants. Use this form only if you are applying for an

exemption to the requirement to complete training or coursework in the identification ofchild abuse and maltreatment because the nature of your practice excludes contact withpersons under the age of 18 and persons 18 or older with a handicapping condition whoreside in a residential care school or facility.

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Practice Guidelines

These Guidelines are offered as a matter of general guidance and do not carry the

force of law. Specific questions should be directed to the actual statutory orregulatory language.

Please see Deputy Commissioner's March 1999 Memo on Professional PracticeGuidelines.

Patient Confidentiality | Recordkeeping | Supervision | Patient Abandonment |Consultation with Other Professionals | Fee Disputes | Insurance Billing and Pitfalls |Professional Conduct in Patient Relations | Office Hygiene - Infection Control | ProperPrescriptions and Release of Prescriptions | Questions or Additional Information

Patient Confidentiality

Privacy is a patient right. Optometrists have an ethical and legal responsibility tosafeguard patient information. Patient information includes such information as personaldata, medical history, diagnosis, treatment, and financial situation.

Patient information should be shared only on a need-to-know basis with those whoparticipate in the care of the patient. Unless disclosure is required by law, patientinformation should not be shared with anyone without the patient's written permission.Court orders, subpoenas and investigations by the Office of Professional Discipline areexamples of disclosures that may be required even in the absence of the patient's consent.

Patient information, written or electronic, must be kept secure from loss, theft, orunauthorized access, use or disclosure. Confidential information should be kept out ofplain view, and stored in a secure environment. Care should be taken not to talk aboutpatients in public places, even if you are not using the patient's name.

Under section 29.1(b)(8) of the Regents Rules, it is unprofessional conduct to revealpersonally identifiable facts, data or information obtained in a professional capacitywithout the prior consent of the patient or client, except as authorized or required by law.If you violate this confidentiality rule you may be subject to charges of unprofessionalconduct.

Your decision to disclose patient information must be consistent with the HealthInsurance Portability and Accountability Act of 1996 (HIPAA), if it applies. Moreinformation regarding HIPAA may be found on the United States Department of Healthand Human Services Web site at www.hhs.gov/ocr/hipaa.

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Recordkeeping

Health professionals are required to maintain records for each patient that accuratelyreflect the evaluation and treatment of the patient according to section 29.2(a)(3) of theRules of the Board of Regents. All patient records must be retained for at least six years,

with the exception of records for minor patients, which must be maintained for at least sixyears andfor one year after the minor patient reaches the age of 21.

Accurate and complete patient records serve many purposes. For example, patient recordscan ensure consumer protection, guide professional treatment, and facilitate professionalconsultations. Patient records are required in matters pertaining to professional liabilityand professional discipline.

Practitioners and their patients should be aware that under some conditions other partiesmight have reason to have access to patient records. For example, in some cases, patientrecords may be needed by other professionals to provide requisite patient care. Your

records, therefore, should be an accurate and legible account of the evaluation andtreatment of the patient.

Under Section 18 of the Public Health Law, patients have the right of access to theirrecords under most circumstances. If you deny access to records to a patient, you have anobligation to inform the patient of his/her right to appeal to the Office of Record Accessof the Department of Health. Contact information is available on the New York StateDepartment of Health Web site at www.health.state.ny.us/nysdoh/opmc/medright.htm.

If you dispose of records when there is no longer any obligation or need to maintainthem, they should be properly destroyed to safeguard patient confidentiality.

Optometrists who retire or sell their practices must make provisions for records to bemaintained and accessed, if requested. The obligation to maintain records is not changedby the retirement or sale of a practice by an optometrist.

Your records may be your principal defense to charges of professional misconduct. Thereis no statute of limitations for charges of professional misconduct.

Optometrists should also make provisions for the maintenance and destruction, asappropriate, of their patients' records in the event of the optometrist's death. In somecases, if appropriate provisions are not in place, the optometrist's estate could be subject

to a malpractice suit after his/her death.

Supervision

The optometrist should adequately monitor the performance of all personnel, licensed orunlicensed, that he or she supervises. The optometrist is ultimately responsible for quality

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patient care and is accountable for all services provided by administrative and clinicalindividuals that the optometrist supervises.

Patient Abandonment

Section 29.2(a)(1) of the Rules of the Board of Regents defines as a basis forunprofessional conduct, "abandoning or neglecting a patient or client under and in needof immediate professional care, without making reasonable arrangements for thecontinuation of such care, or abandoning a professional employment by a group practice,hospital, clinic or other health care facility, without reasonable notice and undercircumstances which seriously impair the delivery of professional care to patients orclients."

In the event of an emergency, optometrists may become unexpectedly ill or disabled

rendering them unable to continue to provide services. Normally these cases would not beconsidered abandonment. However, appropriate planning for such events early in theprofessional relationship can ensure that patients receive the essential services they needwhen emergencies occur.

Optometrists who surrender or lose a license as a result of a professional disciplinaryaction should also ensure that patients are referred to other optometrists who can provideessential professional services.

Consultation with Other Professionals

Good practice often involves the need to consult with other professionals to provide forquality patient care. When legally required or when consultation is otherwise appropriate,you should obtain the patient's consent before consulting with other professionals.

It is also good practice, and in certain circumstances it may be necessary, for the patientto give informed consent permitting you to reveal any personally identifiable informationto a consultant.

Fee Disputes

The Office of the Professions does not negotiate or resolve fee disputes. However, feedisputes can often lead to complaints of professional misconduct including claimsunrelated to the actual fee dispute, such as claims of negligence or incompetence. Evenwhen these complaints are determined to be unfounded, the optometrist will have had theinconvenience and expense sometimes associated with an investigation.

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To avoid these complaints, optometrists should:

Clarify the billing conditions, including insurance coverage if applicable, with thepatient at the outset of the evaluation and treatment, and specify the financialarrangements in terms that the patient can understand.

Explain to the patient all costs involved with their treatment, including co-payments and expenses that are not covered by insurance. It would be useful tohave a written policy in place which is signed by patients to indicate theirunderstanding of the costs involved for their evaluation and treatment and for theoptometrist and the patient to develop an individualized payment agreement inadvance of treatment when the patient must pay for non-covered expenses.

Insurance Billing and Pitfalls

Insurance billing, though sometimes seemingly uncomplicated and straightforward, mayeasily lead to disputes and/or allegations of misconduct. To avoid this, billing statements,insurance claims, and treatment reports should be simple, clear, direct, and accuraterepresentations of the services provided, the fees charged for each service, and the natureof the patient's evaluation and treatment.

Discussing payment and insurance issues (including pre-certification) at the firstmeeting with the patient, or soon afterward, could help to ensure that the patientfully understands all financial arrangements and could also help to avoid anypossible misunderstandings and subsequent disputes regarding issues such as co-payments or contract differences.

It is good practice to have the patient's written authorization to releaseinformation necessary to process an insurance claim or to complete a treatmentreport for pre-certification; there may be circumstances in which authorization isrequired.

Optometrists should be aware of precisely what they are stating when signing anyinsurance form or report. What information you are asked to provide and whatyou are asked to attest to often varies depending upon the insurance form orreport. For example, a signature as provider on the insurance form may, in someinstances, constitute a certification that the signatory directly provided theservices him or herself.

Attention to details and making certain that you have provided all of the requiredinformation when completing insurance forms and reports can help to avoiddelays in payment and subsequent misunderstandings and disputes between youand the patient.

When a patient cancels or does not appear for an appointment, it is usuallyconsidered fraudulent to bill an insurance company for that appointment unlessthe insurer has provided for cancellations within the contract.

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Professional Conduct in Patient Relations

Optometrist should treat all patients with respect and with a professional demeanor. If a

complaint is filed, it will be your responsibility to demonstrate that the patient has beentreated in a professional manner and that appropriate boundaries have been maintained.

Optometrists should establish a working relationship with patients and when appropriate,with their legal guardian, involving them as active participants in treatment decisions.

Section 29.2(a)(2) of the Rules of the Board of Regents defines unprofessional conduct toinclude "willfully harassing, abusing or intimidating a patient either physically orverbally."

Sometimes problems may arise due to miscommunication and misperceptions between

optometrists and patients/guardians. You should try to recognize the indicators of suchproblems and try to prevent or quickly defuse these situations.

The optometrist should keep careful records of what transpires in discussions with eachpatient and if appropriate, their legal representative.

Office Hygiene - Infection Control

The Education Law requires that every four years every optometrist practicing in New

York State complete approved coursework or training appropriate to his/her practice ininfection control and barrier precautions. Regular training is required to prevent thetransmission of the human immunodeficiency virus (HIV) and the hepatitis B virus(HBV) in the course of professional practice. Each optometrist must documentcompliance with this requirement at the time of your first registration and at eachsubsequent reregistration.

Refer to list of resources on page 47

Proper Prescriptions and the Release of Prescriptions

All prescriptions for drugs and devices are required to contain the following information:

Date the prescription is written Prescribers name, address and phone number Profession and registration number The patient's name, address, and age

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The name, strength and quantity of the prescribed drug or device The directions for use by the patient

The Federal "Fairness to Contact Lens Consumers Act" requires prescribers of contactlenses to provide the patient with a copy of their contact lens prescription upon the

completion of the contact lens fitting, whether or not it is requested by the patient. Theprescriber may not require that the patient sign a waiver or release before verifying orreleasing prescriptions. For other requirements relating to contact lens prescriptions, visitthe Federal Trade Commission's Web site at www.ftc.gov.

Other than contact lens prescriptions, optometrists are required to provide a patient with acopy of his or her prescription, upon request. The prescription must include the name,address and signature of the prescriber and date of prescription.

Questions or Additional Information

The laws, rules, and regulations pertaining to the practice of optometry in New YorkState can be found at www.op.nysed.gov/optom.htm. If more detailed information isrequired, you may contact the New York State Board for Optometry by calling 518-474-3817 ext. 591 or e-mailing [email protected].

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Continuing Education

Questions and Answers for Optometrists

General Information | Continuing Education: Who is required to take it and why? |Continuing Education Hours | Continuing Education Courses and Acceptable SubjectAreas | Continuing Education Sponsors | Recordkeeping, Reporting and Auditing | OtherRelevant Information | Contact for Further Information |

General Information

Optometrists in New York State with the phase one therapeutic pharmaceutical agents(TPA1) privilege and/or the phase two therapeutic pharmaceutical agents (TPA2)privilege are required to complete 36 contact hours of continuing education in each three-

year registration period.

Specific requirements for continuing education for optometrists are contained in Article143 of New York's Education Law. Copies of relevant sections of NYS Education Lawand the Commissioner's Regulations are available upon request by calling the FormsManagement Unit at 518-474-3817 ext. 320 or e-mail [email protected].

Continuing Education: Who is required to take it and why?

1. Why is continuing education important?Answer: The healthcare professions are always changing. New medications andnew procedures are always being developed. To give the best care to your patientsand allow your practice to evolve with your profession, you will want to continueyour education throughout your professional career.

2. Who is required to take continuing education and how many hours must becompleted?

Answer: Every optometrist who has been certified to use and prescribe

therapeutic pharmaceutical agents and is registered to practice in New York Statemust take 36 contact hours of continuing education during each three-yearregistration period to be eligible for continued certification in the use oftherapeutic pharmaceutical agents.

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Answer: Each New York State license is six digits long. If you have prescribingprivileges, the letters "U" and/or "V" would precede your license number. Theletter "U" is used to designate the phase one therapeutic pharmaceutical agentprivilege. The letter "V" is used to designate the phase two therapeuticpharmaceutical agent privilege. The order of the letters does not matter.

4. If I have the Diagnostic Pharmaceutical Agent privilege, am I required to takecontinuing education courses?

Answer: Although it is recommended that all optometrists take continuingeducation in order to keep abreast of changes in the practice of optometry, it is notrequired by law.

Remember that all registered optometrists practicing in New York State,regardless of what privileges he or she has, must complete a State approvedinfection control course every 4 years. A list of approved providers can be found

on the Office of the Professions' Web site.

5. I recently graduated and received my license and am in my first registrationperiod. Do I need to begin taking continuing education immediately?

Answer: Yes. Licensees are required to complete continuing education duringevery registration period during which they are certified to use therapeuticpharmaceutical agents.

6. I just received my registration and it is less than three years in length. Am I stillexpected to complete the total number of continuing education hours required for

my profession?

Answer: No. Registration periods are adjusted so that renewals occur during thelicensee's birth month. When this happens, you can calculate how manycontinuing education hours you are required to complete. To do this, count thelength of the registration in months and complete one hour of approvedcontinuing education for each month of the registration period. For example, ifyou are issued a registration effective 7/1/05 and it expires 10/31/07, thisregistration is for 28 months and you would need to complete 28 hours ofcontinuing education.

7.

I just received my certification to prescribe therapeutic pharmaceutical agents, butmy registration expires soon. Do I still need to complete 36 hours of continuingeducation?

Answer: No. If you receive your TPA certification after your registration periodbegins, the minimum number of hours of continuing education required will beequal to one hour of continuing education per month of certified registration.Hours and months are counted in whole units; therefore, any part of a month in

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which you are TPA certified will count as one month. For example, if you receiveyour TPA certification on 12/20/05 and your registration expires 5/30/06, you willbe required to complete a minimum of six hours of continuing education.

8. I am licensed in New York State, but my registration is inactive. Do I need tocomplete continuing education before I can reactivate my registration?

Answer: No. To reactivate your New York State registration, you will need torequest a delayed registration application from the Registration Unit and submit italong with your registration fee.

Continuing Education Hours

9. What is an hour of continuing education?Answer: An hour of continuing education is one contact hour of at least 50minutes in duration. Most continuing education providers give credit in hours;however, you may see credit given in continuing education units.

One continuing education unit (CEU) equals 10 contact hours. Therefore, .1 CEUequals one contact hour, .2 CEUs equals two contact hours, .3 CEUs equals threecontact hours, and so on.

Individuals completing college-level course work in appropriate subjects ataccredited colleges of optometry should note that one semester hour equals 15

contact hours.

A residency program accredited by the Accreditation Council on OptometricEducation may be counted for up to 36 hours of continuing education for theregistration period during which the residency is completed.

10.If I complete more hours than required during the registration period, can I usethem toward the hours required in my next registration period?

Answer: No. Continuing education hours can not be carried over from oneregistration period to the next. The hours must be completed between the effective

date and expiration date for the registration period for which they will be applied.

11.Am I required to complete a certain number of hours per year?Answer: No. You may complete the hours any time during the three-yearregistration period as long as you have completed the required hours prior to theexpiration date of your registration. However, we recommend that you complete

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courses each year so you are sure to have them completed before it is time toreregister.

Continuing Education Courses and Acceptable Subject Areas

12.What courses can I take to meet my continuing education requirement?Answer: All courses taken to meet the continuing education requirement must bein appropriate subject areas offered by approved sponsors.

13.What are appropriate subject areas?Answer: Appropriate subject areas include pharmacology and ocular disease.Courses in practice management, accounting, finance, statistics, and how to use

the Internet are NOT ACCEPTABLE.

14.I wanted to take a course relating to LASIK surgery, but it does not appear to bein the category of pharmacology or ocular disease. Would this course counttoward my CE requirement?

Answer: Yes, a course in ocular disease may include topics directly related toprocedures with side-effects that may cause ocular disorders. This may includeocular surgery as well as contact lens fitting.

If you are unsure whether a course you would like to take will meet the

continuing education requirement, feel free to contact the Optometry Board byphone at 518-474-3817, ext. 591 or by e-mail at [email protected].

15.Am I required to physically attend courses to meet the continuing educationrequirement?

Answer: Yes. Optometrists must complete at least three-quarters of theircontinuing education hours by physically attending courses at the location wherethe course is being presented (27 of the 36 contact hours required for a 3 yearregistration). Up to one-quarter of the required hours may be completed via liveinstruction in a formal course of study offered through an alternate medium,

provided the student is able to communicate and interact with the courseinstructor (a maximum of 9 contact hours out of 36).

16.What is "live instruction in a formal course of study offered through an alternatemedium"?

Answer: Live instruction in a formal course of study offered through an alternatemedium are those courses in which you are not physically present at the location

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where the course is given, but you are able to interact with the instructor. Forexample: a telecourse or teleconference in which you and the instructor can speakdirectly with each other; a course in which you and other practitioners discuss ataped presentation with a facilitator's assistance; a computerized course in whichyou are able to interact directly with the instructor.

Examples of activities not considered to be live coursework through alternatemedium and therefore would not be acceptable include reading educationalarticles in journals, including those for which the licensee would complete andsubmit a test and televised lectures with no means of direct interaction, even if itis a live telecast.

Continuing Education Sponsors

17.How do I know if a sponsor is approved?

Answer: All sponsors of continuing education for New York State licensedoptometrists must receive advanced approval from the New York State EducationDepartment.

To help facilitate the approval process, the Department has pre-approved thefollowing sponsors of continuing education:

o accredited colleges of optometry;o Council on Optometric Practitioner Education (COPE) approved

coursework;o The American Academy of Optometry;o The American Optometric Association;o state societies (but not chapters);ando continuing medical education (CME) approved by the American Medical

Association.

If you are considering a course not offered by one of the providers in the abovelisting, please notify the provider that they may request an application for priorapproval of their course by contacting the New York State Board for Optometry,89 Washington Avenue, Second Floor West, Albany, NY 12234-1000.

If you are unsure whether a sponsor offering a continuing education program isapproved, feel free to contact the Optometry Board by phone at 518-474-3817,ext. 591, by fax at 518-473-6995, or by e-mail at [email protected].

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Recordkeeping, Reporting and Auditing

18.What records will I have to keep for the continuing education courses I attend?Answer: You are required to keep verification of attendance for each course you

complete for at least 6 years from the date of completion. Verification shouldinclude the following items:

o title of the course;o number of hours completed*;o the sponsor's name*;o the location the course was taken;o the date of the course; ando verification by the sponsor of your attendance.

All of these items are likely to be provided on a certificate of completion from the

sponsor.

*For COPE approved courses, the COPE number may be used in lieu of thenumber of hours completed and sponsor's name.

19.Do I have to send these continuing education records to the State EducationDepartment's State Board for Optometry when I renew my registration?

Answer: Not unless you are requested to do so by the Department. New York

State Education Law requires that you submit evidence of completion at the timeof your renewal. In most instances, such evidence will consist of your certificationon the registration renewal document that you have completed the requiredcontinuing education. Each month, a number of licensees will be selectedrandomly for audit of compliance with the continuing education requirements. Ifyou are selected for audit, you will be required to submit documentation of yourcontinuing education.

20.What if an audit reveals that I did not comply with the mandatory continuingeducation requirement?

Answer: You may be subject to disciplinary proceedings for professionalmisconduct. According to Section 29.1 of the Rules of the Board of Regents,willful or grossly negligent failure to comply with substantial provisions ofFederal, State or local laws, rules or regulations governing the practice of theprofession is unprofessional conduct. Penalties may include censure andreprimand, a fine and/or suspension or revocation of your license to practice inNew York State.

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Other Relevant Information

21.What if it is time for me to reregister and I have not completed the requirednumber of continuing education hours?

Answer: You may request that your certification to prescribe therapeuticpharmaceutical agents be suspended until you have met the requirement. If thereason for non-compliance is due to reasons of health, certified by a physician orextended active duty with the armed forces of the United States, please contact theBoard office at the address below.

Contact for Further Information

22.What if I have questions or need further information?Answer: Contact the State Board for Optometry, New York State EducationDepartment, Office of the Professions, 89 Washington Avenue, Second FloorWest, Albany, New York 12234-1000, telephone 518-474-3817 ext. 591, fax 518-473-6995, e-mail [email protected].

Please visit this Web site periodically for current information regarding issues related tothe practice of your profession.

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Mand ated Training Related to ChildAbuse

http://www.op.nysed.gov/camemo.htm

List of Approved Training Providers - http://www.op.nysed.gov/caproviders.htm

Effective Januar y 1, 1989 , Education Law required certain individuals, whenapplying initially for licensure or a limited permit to provide documentation of havingcompleted two hours of coursework or training regarding the identification andreporting of child abuse and maltreatment. This requirement applies to:Chirop ractor s, Dental Hygienists, Dentists, Optom etrists, Physicians,Podiatrists, Psychologists, and Registered Nur ses . The Law also includes thistraining among the requirements for certification or licensure ofschool

administrators/supervisors, school service personn el, and classroom schoolteachers. All persons applying for a provisional or permanent certificate or license validfor administrative or supervisory service, school service, or classroom teaching servicemust have completed the two hours of coursework or training.

Since September 1, 1990, programs registered by NYS that lead to licensure orcertification in one of the above areas affected by the legislation have been required toinclude training in the identification and reporting of child abuse and maltreatment.Students graduating from such programs on or after September 1, 1990 are not requiredto take additional training and are not required to receive a Certification form andsubmit documentation. However, medical residency programs, which are taken afterreceiving licensure, are not required to include such training. Therefore, trainingreceived during residency does not satisfy the NYS training requirement. An individual

who completes an out-of-state medical program unregistered by NYS who then receivestraining in a NYS residency program has not met the training requirement and must takeadditional training from an approved provider.

Effective September 1, 2004, this requirement also applies to Licensed ClinicalSocial W orkers and Licensed Master Social Worker s. Individuals in theseprofessions, when applying initially for licensure or a limited permit, or for the renewalof a New York State license or registration, must provide documentation of havingcompleted the coursework or training through a Department-approved course. *

Moreover , effective January 1, 2005, this requirement applies to Mental HealthCounselors, Marr iage and Fam ily Therapists, Creative Arts Therapists, andPsychoanalysts . As of that date, individuals in these professions, when applyinginitially for licensure or a limited permit must provide documentation of havingcompleted the coursework or training through a Department-approved course.*

*Programs registered by NYS that lead to licensure in these professions now are required to includetraining in the identification and reporting of child abuse and maltreatment. Students graduatingfrom such programs on or after the effective dates are not required to take additional training andare not required to receive a Certificate form or submit documentation.

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Documentation

Documentation in the form of an authorized Certification of Completion must besubmitted to the State Education Department at the time of reregistration or initialapplication for licensure, certification, or a limited permit. Within ten days ofcoursework completion, the approved provider from whom you obtain the training isrequired to issue you two copies of the Certification form.

Exemptions

The law exempts from the training an individual who can document, to the satisfactionof the Department, that there is no need for the training based on the nature of his or herpractice. You may be eligible for an exemption if the nature of your practice is such that

you do not have professional contact with persons under the age of 18 years and you donot have contact with persons 18 years of age or older with a handicapping condition,

who reside in a residential care school or facility. If you wish further information aboutan exemption, or you wish to request an exemption application, please contact:

The New York State Education Department

Professional Education Program Review

89 Washington Avenue, 2nd Floor West Wing

Albany, New York 12234

Attn: Child Abuse Training Exemption.

Certification of Exemption (form1ce.pdf; 9K; 1 page)

Note: This form is in Adobe Portable Document Format (PDF). To view or print it, you will need tohave the free Adobe Reader installed on your computer. Download times and print quality willdepend on your connection speed and printer.

Adobe Reader

The law exempts from the training persons who possess, with an effective date no laterthan September 1, 1990, a permanent NYS certificate or full credentialing from the citiesof Buffalo or New York, and who do not subsequently apply for additional classroomteaching service, administrative-supervisory service, or school service credential.

Choosing a Provider

The list of providers is arranged alphabetically by city. You may wish to contact several

providers before deciding on the offering that best meets your needs and schedule.Please note that some providers will be offering training that exceeds the two-hourminimum established in law. Also, fees will vary from provider to provider. Additionalquestions may be addressed to the Office of Professional Education Program Review.

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Mand ated Training Related to InfectionControl

http://www.op.nysed.gov/icmemo.htm

List of Approved Training Providers - http://www.op.nysed.gov/icproviders.htm

All dentists, dental hygienists, licensed pra ctical nur ses, optome trists,podiatrists, and r egistered n urses must complete course work or trainingappropriate to their practice regarding infection control and barrier precautions,including engineering and work controls to prevent the transmission of humanimmunodeficiency virus (HIV) and the hepatitis b virus (HBV) in the course ofprofessional practice, every four years according to Section 6505-b of the EducationLaw. You must attest to having completed this requirement to the State EducationDepartment on your first licensure/registration application and at every subsequent

registration.

All physicians, physician assistan ts, and specialist assistants must completecourse work or training in accordance with Chapter 786 of the Laws of 1992 at the timeof their initial licensure/registration and every four years thereafter. You must attestcompliance to the State Education Department at the time of each registration.

If you have graduated from a New York State program in any of the affected professionsafter September 1, 1993, you are automatically credited with having completed the initialrequirement as part of your coursework.

Choosing a ProviderYou may choose a training provider that has been approved by either the State EducationDepartment or the Department of Health. This list of providers includes thoseorganizations approved by the State Education Department as providers of training ininfection control. Providers must use the prescribed syllabus prepared by theDepartment. They are required to cover, at a minimum, the six core elements jointlyapproved by the State Education Department and the Department of Health, and areauthorized to issue a Certification of Completion for each person completing the course

work. Although most providers will present the course work or training in a classroomsetting, some may offer a distance format. Dates, fees, and course length may vary fromprovider to provider.

The Department has approved course work for specific professional groups. Pleasecheck with the provider to determ ine if the course they are offering isappropr iate for your profession , as some providers will offer training ONLY tocertain professional groups.

To obtain a list of course work providers approved by the Department of Health (DOH)or to contact the Department of Health regarding infection control for physicians,physician assistants or specialist assistants write or call:

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New York State Department of Health

Bureau of Communicable Disease Control

P.O. Box 2051

Empire State Plaza StationAlbany, NY 12220-0051

(518) 486-2938

DOH is responsible for ap

handbook for nys optometrists

Documents