11 PROPOSED ADMINISTRATIVE RULES

 

SOAHR 2008-018 DEPARTMENT OF COMMUNITY HEALTH

DIRECTOR’S OFFICE

 

BOARD OF OPTOMETRY - GENERAL RULES

 

Filed with the Secretary of State on

 

These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44 or 45a(6) of 1969 PA 306.  Rules adopted under these sections become effective 7 days after filing with the Secretary of State

 

(By authority conferred on the director of the department of community health by sections 16145(3) and 17401 of 1978 PA 368, MCL 333.16145(3) and 333.17401 and Executive

Reorganization Order Nos. 1996-1, 1996-2 and 2003-18, MCL 330.3101, 445.2001 and

445.2011)

 

Draft August 17, 2009

 

R 338.241, R 338.255 and R 338.261of the Michigan Administrative Code are rescinded; R 338.251, R 338.252, R 338.253, R 338.254, R 338.256b, R 338.257, R 338.258, R 338.259 R

338.270 and R 338.275 are amended; and R 338.          is added as follows: PUBLIC PARTICIPATION AT OPEN BOARD MEETINGS

R 338.241  Public participation at open board meetings. Rescinded.

Rule 1. (1) A person shall be provided an opportunity to address the board at an open meeting in accordance with this rule.

     (2) The chairperson shall provide a reasonable opportunity for members of the public to address the board on an agenda item if a request to speak is made to the executive secretary or chairperson prior to or during board consideration of the item. or at any later time while the item is pending action.

     (3) The chairperson shall provide a reasonable opportunity for members of the public to address the board on a subject which is not an agenda item if a request to speak is given to the executive secretary or chairperson prior to the conclusion of the meeting.

     (4) In accordance with procedural due process of law, members of the public shall not be permitted to address the board on pending disciplinary cases.

     (5) Persons wishing to address the board should identify themselves and, if they are appearing in a representative capacity, should identify the interests which they represent.

(6) The chairperson may impose reasonable limitations on the time allotted for comments by members of the public.

     (7) The chairperson shall conduct the public participation portion of the open meeting in an orderly and decorous fashion.

 

 

     (8) A group of 5 or more persons should give advance notice of their intentions to attend a board meeting so that an effort can be made to provide adequate space.  The chairperson may limit the number of persons admitted to the meeting room or may move the meeting to a different room if necessary to comply with public safety laws and regulations.

GENERAL RULES

 

R 338.251  Definitions.

Rule 1. As used in these rules and in the interpretation and administration of sections 17401, 17412, 17432, 17433, 17435, and 17749 of the code:

(a)   “Adverse drug reaction” means an adverse physical or psychological reaction which is experienced by a person resulting from diagnostic pharmaceutical agents administered by an optometrist and which occurs within 24 hours after the drug is administered.  An adverse drug reaction may be indicated by symptoms that include any of the following:

(i)   Red eye.

(ii)   Painful eye.

(iii)   Decrease in vision.

(iv)   Pale or red swelling of the periocular or periobital periorbital tissues.

(v)   Nausea.

(vi)   Vomiting.

(vii)   Fainting.

(viii)   Mental confusion.

(ix)   Cessation of respiration.

(b)   “Board” means the board of optometry.

(c)   “Code” means 1978 PA 368, MCL 333.1101 et seq.

(d)  “Classroom hour” for the purpose of determining whether a course of study meets the requirements of section 17412(2)(a) or 17435(2)(b) of the code, means a 50- to 60-minute period of lecture, group discussion, or laboratory directly associated with a course in pharmacology.  Time spent working in a clinic other than as part of a laboratory directly associated with a course in pharmacology does not qualify as a “classroom hour.”

(e)   “Course of study in general and clinical pharmacology” means a course of study which is completed in a board-approved school or college, in general and clinical pharmacology as it relates to optometry, with the characteristics

described in section 17412(2)(a) of the code.  Not less than 30 of the 60 classroom hours of the course of study shall be allocated to ocular pharmacology and shall emphasize the systemic effects of, and reactions to, topical ocular diagnostic pharmaceutical agents, including the emergency management and referral of any adverse reactions that may occur.

(f)   “Course of study relating to the didactic and clinical use of therapeutic pharmaceutical agents” means a course of study which is comprised of a minimum of 10 quarter hours or 7 semester hours of credit or 100 classroom hours of study, which is completed in a board- approved school or college, and which is in subjects relating to the didactic and clinical use of therapeutic pharmaceutical agents related to optometry.

(g)   “Department” means the Michigan department of consumer and industry services

community health.

(h)   “Emergency treatment plan for management and referral of patients who experience an adverse drug reaction” means a plan which is submitted to the board on a board-approved form and in which the optometrist agrees to do all of the following:

 

 

(i)   Refer patients who notify the optometrist of an adverse drug reaction to an appropriate medical specialist or facility.

(ii)   Routinely advise patients to immediately contact the optometrist if the patient experiences an adverse drug reaction.

(iii)    Place in the patient’s permanent record information describing any adverse drug reaction experienced by the patient and the date and time that any patient referral was made.

 

R 338.252  Licensure by examination.

Rule 2. (1) An applicant for a Michigan optometry license by examination shall submit a completed application on forms provided by the department, together with the requisite fee.  In addition to meeting the requirements under MCL 333.16174 and MCL 333.17411 of the code, and the administrative rules promulgated pursuant thereto, an applicant shall satisfy the requirements of this rule.

(2)   An applicant shall have graduated from a college of optometry or school of optometry professional optometric degree program approved by the board, as provided in R 338.254, and hold the doctor of optometry degree.

(3)   An applicant shall have achieved a minimum scaled score of 75 pass on each part of the Michigan board of optometry examination all parts of the examination given by the national board of examiners in optometry or its successor organization, or the testing agency currently recognized or endorsed by the association of regulatory boards of optometry or its successor organization.

(4)   An applicant shall have achieved a minimum scaled score of 75 on all parts of the examination given by the national board of examiners in optometry, or its successor organization or the testing agency currently recognized or endorsed by the association of regulatory boards of optometry or its successor organization the examination of Michigan laws and rules related to the practice of optometry that is administered by the department.

 

R 338.253  Licensure by endorsement.

Rule 3. (1) An applicant for a Michigan optometry license by endorsement shall submit a completed application on forms provided by the department, together with the requisite fee.  In addition to meeting the requirements of the code and the administrative rules promulgated under the code, pursuant thereto, an applicant shall have graduated from a school or college of optometry professional optometric degree program approved by the board, as provided in R 338.254, and satisfy the requirements of this rule.

(2)   An applicant shall be an optometrist who is engaged in the practice of optometry, holds a doctor of optometry degree, and is currently licensed at the highest level authorized in another state of the United States or province of Canada that has licensure requirements that are equivalent to those required in this state, as determined by the board.  This subrule, however, shall not grant license authority that exceeds the level of privileges granted to individuals who are licensed under the code to engage in the practice of optometry.

(3)   An applicant shall have successfully completed in the state of the United States or province of Canada of his or her initial licensure an examination that includes an assessment of his or her knowledge on the diagnosis, treatment, and management of ocular diseases with pharmaceutical agents.

 

 

(2)   If an applicant was first licensed in another state, and had engaged in the practice of optometry for a minimum of 5 years before the date of filing an application for a Michigan optometrist license, it will be presumed that the applicant meets the requirements of section 16186(l)(a) and (b) of the code.  In addition, an applicant shall have achieved a minimum scaled score of 75 on the examination of Michigan laws and rules related to the practice of optometry that is administered by the department.  (4) An applicant who was first licensed in another state of the United States or province of Canada is presumed to have met the requirements of section 16186(1)(a) and (b) of the code, if he or she meets all of the following requirements:

(a)   Verifies that he or she has engaged in the practice of optometry for a minimum of 3 of the last 4 years before the date of filing an application for a Michigan optometrist license.  An applicant shall submit either of the following as verification:

(i)   Documentation of having practiced optometry for the period of time specified under subdivision (a) of this subrule.

(ii)   A current certificate issued by the council on endorsed licensure mobility for optometrists (celmo) or its successor organization as determined by the board.

(b)   Provides for verification of his or her license, on a form provided by the department, by the licensing agency of another state of the United States or province of Canada in which the applicant holds a current license or ever held a license as an optometrist, which includes, but is not limited to, showing proof of any disciplinary action taken or pending disciplinary action imposed upon the applicant.

(c)   Achieves a minimum scaled score of 75 on the examination of Michigan laws and rules related to the practice of optometry that is administered by the department.

(3)   (5) If an An applicant who was first licensed in another state of the United States or province of Canada, but who does not meet the requirements of subrule (2) (4)(a) of this rule, the applicant shall satisfy the following requirements: as applicable:

(a)   An applicant who was first licensed in another state shall have achieved Achieves a minimum scaled score of 75 pass on all parts of the examination given by the national board of examiners in optometry or its successor organization, or the testing agency currently recognized or endorsed by the association of regulatory boards of optometry or its successor organization.