CHAPTER 42 BOARD OF EXAMINERS IN OPTOMETRY
SUBCHAPTER 42A ORGANIZATION
21 NCAC 42A .0101LOCATION
The location of the office of the Board is 109 N. Graham Street, Wallace, North Carolina, 28466-2713. The Board's phone number is (910) 285-3160; its WATS number is (800) 426-4457 (in-state only); and its fax number is (910) 285-4546.
History Note:Authority G.S. 90117.5;
Eff. February 1, 1976;
Readopted Eff. May 30, 1978;
Amended Eff. October 1, 1994; April 1, 1993; June 1, 1989; September 30, 1981;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 23, 2015.
21 NCAC 42A .0102PURPOSE
The purpose of the Board is to regulate the practice of optometry in the State of North Carolina, and to carry out the purposes and enforce the provisions of the laws of North Carolina relating thereto.
History Note:Authority G.S. 90116; 90121.2(a);
Eff. February 1, 1976;
Readopted Eff. May 30, 1978;
Amended Eff. June 1, 1989;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 23, 2015.
21 NCAC 42A .0103RECORDS
21 NCAC 42A .0104STRUCTURE
History Note:Authority G.S. 90116; 90117; 90117.2;
Eff. February 1, 1976;
Readopted Eff. May 30, 1978;
Repealed Eff. September 30, 1981.
21 NCAC 42A .0105DEFINITIONS
The following definitions apply to 21 NCAC 42 only:
(1)The term "Board" refers to the North Carolina State Board of Examiners in Optometry.
(2)The term "President" refers to the President of the North Carolina State Board of Examiners in Optometry.
(3)The term "Secretary" refers to the Secretary-Treasurer of the North Carolina State Board of Examiners in Optometry.
(4)The term "Executive Director" refers to the Executive Director of the North Carolina State Board of Examiners in Optometry.
History Note:Authority G.S. 90117; 90117.5;
Eff. February 1, 1976;
Readopted Eff. May 30, 1978;
Amended Eff. April 1, 1993; June 1, 1989; September 30, 1981;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 23, 2015.
21 NCAC 42A .0106MEETINGS
21 NCAC 42A .0107SECRETARIAL ASSISTANCE
21 NCAC 42A .0108EXPENSE ALLOWANCE
History Note:Authority G.S. 90117.3; 90117.5; 90122; 93B5; 1386(a);
Eff. February 1, 1976;
Readopted Eff. May 30, 1978;
Repealed Eff. September 30, 1981.
SUBCHAPTER 42B LICENSE TO PRACTICE OPTOMETRY
SECTION .0100 LICENSE BY EXAMINATION
21 NCAC 42B .0101GRADUATE OF APPROVED SCHOOL
(a) The Board may grant recognition and approval to a school or college of optometry, deny or rescind recognition and approval, or make any recognition and approval granted by the Board conditional or probational, based on the Board's determination of the quality of the educational programs and offerings of the school or college of optometry. Their optometric educational programs having been accredited by the Accreditation Council on Optometric Education and recommended to the Board by the Association of Regulatory Boards in Optometry as worthy of approval, the following accredited schools and colleges of optometry are recognized and approved in accordance with the provisions of this Rule:
(1)University of Alabama at Birmingham
School of Optometry
1716University Boulevard
Birmingham, AL 35294-0010
(2)University of California, Berkeley
School of Optometry
350 Minor Hall MC 2020
Berkeley, CA 94720-2020
(3)Southern California College of Optometry
2575 Yorba Linda Blvd.
Fullerton, CA 92631
(4)Ferris State University
Michigan College of Optometry
1310 Cramer Circle
Big Rapids, MI 49307-2738
(5)University of Houston
College of Optometry
505 J. Davis Armistead Bldg.
Houston, TX 77004-2020
(6)Illinois College of Optometry
3241 South Michigan Avenue
Chicago, IL 60616
(7)Indiana University
School of Optometry
800 East Atwater
Bloomington, IN 47405-3680
(8)New England College of Optometry
424 Beacon Street
Boston, MA 02115
(9)State University of New York
State College of Optometry
33 West 42nd Street
New York, NY 10036-8003
(10)The Ohio State University
College of Optometry
338 West Tenth Avenue
Columbus, OH 43210-1280
(11)Pacific University
College of Optometry
2043 College Way
Forest Grove, OR 97116
(12)Pennsylvania College of Optometry
at Salus University
Elkins Park Campus
8360 Old York Road
Elkins Park, PA 19027
(13)Southern College of Optometry
1245 Madison Avenue
Memphis, TN 38104
(14)University of Waterloo
School of Optometry
200 University Avenue West
Waterloo, ON N2L 3G1 CANADA
(15)Inter American University of Puerto Rico
School of Optometry
500 Carretera Dr John Will Harris
Bayamon, PR 00957
(16)University of Missouri, St. Louis
College of Optometry
One University Blvd.
331 Marillac Hall
St. Louis, MO 63121-4400
(17)University of Montreal
Ecolo d'Optometrie
3744 Jean-Brillant, Suite 260-7
Montreal, QC H3T 1P1 CANADA
(18)Northeastern State University
Oklahoma College of Optometry
1001 N. Grand Avenue
Tahlequah, OK 74464
(19)Nova Southeastern University
College of Optometry
3200 S. University Drive
Ft. Lauderdale, FL 33328
(20)Midwestern University
Arizona College of Optometry
19555 N 59th Ave
Glendale, AZ 85308
(21)University of the Incarnate Word
School of Optometry
4301 Broadway, Box 373
San Antonio, TX 78209-6397
(22)Western University of Health Sciences
College of Optometry
309 E Second St.
Pomona, CA 91766-1854
(b) The Board may request a copy of the Council of Optometric Education's accreditation report on each school or college recognized and approved by the Board and for each school or college which has requested recognition and approval or for which the Board is considering recognition and approval.
History Note:Authority G.S. 90-117.5; 90-118(a),(b);
Eff. February 1, 1976;
Readopted Eff. May 30, 1978;
Amended Eff. April 1, 2011; April 1, 1993; June 1, 1989; September 30, 1981;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 23, 2015.
21 NCAC 42B .0102REQUIREMENTS FOR LICENSURE
History Note:Authority G.S. 90118;
Eff. February 1, 1976;
Readopted Eff. May 30, 1978;
Repealed Eff. September 30, 1981.
21 NCAC 42B .0103APPLICATION FOR LICENSURE BY EXAMINATION
One desiring to obtain the application form for licensure by examination shall specify the date of the examination when requesting the application form. The application shall be made on Form BEO1 supplied by the Board. The completed application form and the proper fee must be received in the Board office 60 days prior to the examination date.
History Note:Authority G.S. 90118; 90117.5;
Eff. February 1, 1976;
Readopted Eff. May 30, 1978;
Amended Eff. April 1, 1993; June 1, 1989; September 30, 1981;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 23, 2015.
21 NCAC 42B .0104APPLICATION FOR LICENSURE BY RECIPROCITY
History Note:Authority G.S. 90-117.5; 90-118.5;
Eff. February 1, 1976;
Readopted Eff. May 30, 1978;
Amended Eff. April 1, 1993; June 1, 1989; September 30, 1981;
Repealed Eff. August 1, 2012.
21 NCAC 42B .0105APPLICATION FOR INTERN PERMIT
History Note:Authority G.S. 90118.8; 90117.5;
Eff. February 1, 1976;
Readopted Eff. May 30, 1978;
Repealed Eff. September 30, 1981.
21 NCAC 42B .0106FEES
History Note:Authority G.S. 90117.5; 90123;
Eff. February 1, 1976;
Readopted Eff. May 30, 1978;
Amended Eff. September 30, 1981;
Repealed Eff. June 1, 1989.
21 NCAC 42B .0107National Board EXAMINATIONS
(a) Each applicant must submit evidence of having reached the recommended levels of acceptable performance on the National Board examinations given by the National Board of Examiners in Optometry on or after the April 1978 administration in one of the following formats and under the following conditions prior to Board approval of his or her application to take the clinical practicum examination administered by the Board. The applicant shall authorize the release of his or her official score report by the National Board to the Board prior to the approval by the Board of his or her application to take the clinical practicum examination.
(1)April 1978 through August 1986 administrations: passing scores on Parts I, IIA, and IIB, with scores of not less than 75 in Section 7 (Pathology) and Section 9 (Pharmacology) on the Part IIB examination, and a score of not less than 75 on the National Board's Treatment and Management of Ocular Disease: (TMOD)examination.
(2)April 1987 through August 1992 administrations: passing scores on the Part I Basic Science (BS)examination and Part IIClinical Science (CS)examination of the National Board, with scores of not less than 75 on the Ocular Disease/Trauma and Clinical Pharmacology sections of the Part IICS examination, and a score of not less than 75 on the TMOD examination.
(3)April 1993 through December 2008 administrations: passing score on the Part I BS Examination of the National Board.
(4)April 1993 through April 2009 administrations: passing score on the Part II CS Examination of the National Board, with a score of not less than 75 on the Ocular Disease/Trauma component within the CS examination, and a score of not less than 75 on either the TMOD component within the CS examination, or on the equivalent stand-alone TMOD examination.
(5)March 2009 administrations through November 2009 administrations: passing score on Part I Applied Basic Science (ABS) examination of the National Board.
(6)December 2009 administrations through February 2010 administrations: passing score on Part II Patient Assessment and Management (PAM) examination of the National Board, with a score of not less than 75 on the Disease/Trauma component within the PAM examination, and a score of not less than 75 on the TMOD component within the PAM.
(7)March 2010 administrations through February 2014 administrations: passing score on the Part III Clinical Skills Examination (CSE) of the National Board.
(8)June 1, 2014 administrations through March 2015 administrations: passing score on Part III Injection Skills Examination (ISE) of the National Board.
(9)Beginning with March 2015 administrations: all applicants must have a passing score on Part III CSE with a score of not less than 75 on the Skills of gonioscopy, binocular indirect ophthalmoscopy and slit lamp biomicroscopy, and a passing score on Part III ISE of the National Board.
(b) For candidates with passing scores on at least one National Board examination part under different formats and time periods described in Subparagraphs (a)(1), (a)(2), (a)(3), (a)(4), and (a)(5) of this Rule, the following equivalences shall apply:
(1)Part I and IIA is the equivalent of BS;
(2)Part IIB is the equivalent of CS without the inclusion of TMOD;
(3)Part I ABS is the equivalent of Part I BS; and
(4)Part II PAM is the equivalent of Part II CS.
History Note:Authority G.S. 90-117.5; 90-118;
Eff. February 1, 1976;
Readopted Eff. May 30, 1978;
Amended Eff. June 1, 2014;April 1, 2011; July 1, 1998; May 1, 1995; April 1, 1993; June 1, 1989; September 30, 1981;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 23, 2015.
21 NCAC 42B .0108CLINICAL PRACTICUM EXAMINATIONS
(a) Each applicant, after paying the fee set in Subchapter 42J and having met the requirements of Rule .0107 of this Subchapter, will be given clinical practicum examinations which may be in oral, written, clinical and practical form, said examinations to cover those subjects essential to the practice of optometry as defined in G.S. 90114.
(b) To ensure proper examination of all applicants within a reasonable amount of time, the Board is authorized to employ clinical examiners, such clinical examiners to be licensed optometrists in the State of North Carolina who have been in practice no less than five years and who have demonstrated to their peers that they have superior clinical expertise.
(c) It shall be the duty of the optometrists who are members of the Board to prepare or oversee the preparation of the clinical practicum examinations. Psychometric consultants, subject matter experts and clinicians who have served as either members of the Board or as clinical examiners for the Board may be engaged by the Board in the design, implementation and grading of the examinations.
History Note:Authority G.S. 90114; 90117.5; 90118;
Eff. February 1, 1976;
Readopted Eff. May 30, 1978;
Amended Eff. June 1, 1989; September 30, 1981;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 23, 2015.
21 NCAC 42B .0109CLINICAL EXAMINATION
History Note:Authority G.S. 90118;
Eff. February 1, 1976;
Readopted Eff. May 30, 1978;
Repealed Eff. September 30, 1981.
21 NCAC 42B .0110PASSING SCORE
An applicant must attain an average grade of 75 on the clinical practicum examinations to pass the examination and be issued a license. No applicant who has received a grade of less than 60 on any part of the clinical practicum examination shall be considered eligible for licensure even though his overall clinical practicum score may average 75. Each applicant will be notified by the Executive Director as to his success or failure after the results of the examination have been determined by the Board.
History Note:Authority G.S. 90117.5; 90118;
Eff. February 1, 1976;
Readopted Eff. May 30, 1978;
Amended Eff. May 1, 1995; April 1, 1993; June 1, 1989; September 30, 1981;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 23, 2015.
21 NCAC 42B .0111RESIDENCY
History Note:Authority G.S. 90117.5;
Eff. February 1, 1976;
Readopted Eff. May 30, 1978;
Amended Eff. September 30, 1981;
Repealed Eff. June 1, 1989.
21 NCAC 42B .0112TIME AND LOCATION
There shall be at least one examination for the purpose of licensure held each year for those persons applying for a license to practice optometry in the State of North Carolina. Said examination shall be at such time and location as the Board may determine; provided, however, the date and place of examination shall be announced by the Board no less than six months prior to the examination.
History Note:Authority G.S. 90117.5; 90118;
Eff. February 1, 1976;
Readopted Eff. May 30, 1978;
Amended Eff. June 1, 1989; September 30, 1981;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 23, 2015.
21 NCAC 42B .0113REEXAMINATION
(a) A completed application, except for school transcripts, birth certificate, and National Board scores, is required in case of reexamination. The completed application accompanied by the proper fee must be received in the Board office 60 days prior to the examination date.
(b) Any applicant who has failed the clinical practicum examination three times after the effective date of this Rule shall be deemed ineligible to apply for reexamination until he successfully completes an additional course of study in clinical optometry encompassing at least one academic year, such course to be approved by the Board. Such applicant shall submit evidence satisfactory to the Board of the additional study at the time he makes application for reexamination.
History Note:Authority G.S. 90-117.5; 90-118;
Eff. April 1, 1993;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 23, 2015.
21 NCAC 42B .0114 MILITARY LICENSE
(a) Permanent Unrestricted License Military Optometrist: The Board shall issue a permanent license to a military-trained applicant to allow the applicant to lawfully practice optometry in North Carolina if, upon application to the Board, the applicant satisfies the following conditions:
(1)Awarded a military occupational specialty in optometry and has done all of the following at a level that the Board, through an oral interview or administration of a clinical practicum examination, determines to be substantially equivalent to or exceeds the requirements for licensure in this State:
(A)completed a military program of optometry training that includes additional clinical experience in the diagnosis, treatment, and management of diseases of the eye and its adnexa;
(B)completed testing or equivalent training and experience; and
(C)performed in the occupational specialty;
(2)Engaged in the practice of optometry for at least two of the five years, which may include clinical residency, preceding the date of the application under this Paragraph;
(3)Not committed any act in any jurisdiction that would have constituted grounds for refusal, suspension, or revocation of a license to practice optometry in this State at the time the act was committed; and
(4)Pays the application, examination, and licensing fees required by the Board.
(b) Permanent Unrestricted License-Optometrist Spouse of Military Personnel: The Board shall issue to a military spouse a license to practice optometry in this State if, upon application to the Board, the military spouse satisfies the following conditions:
(1)Holds a current license, certification, or registration from another jurisdiction, and that jurisdiction's requirements for licensure, certification, or registration are substantially equivalent to or exceed the requirements for licensure in this State;
(2)Can demonstrate competency in optometry through methods determined by the Board, such as passing the Board's clinical practicum examination, completing continuing education units, or having had recent clinical experience in the diagnosis, treatment, and management of diseases of the eye and its adnexa for at least two of the five years preceding the date of the application under this Paragraph;
(3)Not committed any act in any jurisdiction that would have constituted grounds for refusal, suspension, or revocation of a license to practice optometry in this State at the time the act was committed;
(4)Submits written evidence demonstrating that the applicant is married to an active member of the U.S. military:
(5)Is in good standing and has not been disciplined by the agency that had jurisdiction to issue the license, certification, or permit; and
(6)Pays the application, examination, and licensing fees required by the Board.
(c) All optometric medical experience of a military service member in the discharge of official duties or, for a military spouse, all optometric medical experience, including full-time and part-time experience, regardless of whether in a paid or volunteer capacity, shall be credited in the calculation of years of practice required under Paragraphs (a) and (b) of this Rule.
(d) A nonresident licensed under this Rule shall be entitled to the same rights and subject to the same obligations as required of a resident licensed by the Board in this State.
History Note: Authority G.S. 90-123; 93B-15.1;
Eff. July 1, 2014.
SECTION .0200 RESPONSIBILITY TO SUPPLY INFORMATION
21 NCAC 42B .0201BEGINNING PRACTICE; RELOCATING PRACTICE
Within 10 days of beginning practice, a licensee shall notify the Board in writing as to the full and complete mailing address, including the street address, of his office and the telephone number of such office. If at any time any office is relocated, the licensee involved shall notify the Board of his new office address and telephone number. The address so identified shall constitute his primary practice address and the address to which all information pertaining to his licensure shall be addressed.
History Note:Authority G.S. 90117.5;
Eff. February 1, 1976;
Readopted Eff. May 30, 1978;
Amended Eff. April 1, 1993; June 1, 1989; September 30, 1981;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 23, 2015.
21 NCAC 42B .0202BRANCH OFFICE
Before opening or beginning practice in a branch office, an optometrist must obtain a duplicate license to be displayed in the branch office. The application for a branch office license must be made on Form BEO-3, which can be acquired from the Board. If in the opinion of the Board Rules 42E .0102(2) and 42E .0102(5) of this Chapter are met, the Board shall notify the optometrist making application of the approval of the request and upon receipt of the required fee such duplicate license shall be issued by the Board for the purpose of display in the branch office for which it is issued in compliance with G.S. 90-118.2 and 90-118.4. A duplicate license is not transferable from one practice location to another, nor from one practitioner to another. Within the meaning of this Rule a nursing home is considered a branch office when there is an agreement between the optometrist or his representative that he will provide optometric services on a scheduled basis within the nursing home; provided however, any optometrist who accepts a request to make emergency calls to patients at a nursing home within 20 miles of his practice location(s) as reflected in the Board records is not required to obtain a duplicate license for that location.
History Note:Authority G.S. 90117.5; 90118.2; 90118.4;