4 PROPOSED ADMINISTRATIVE RULES

 

 

ORR # 2001-082

 

DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES DIRECTOR’S OFFICE

OPTOMETRY - GENERAL RULES

 

Filed with the Secretary of State on

These rules take effect 7 days after filing with the Secretary of State.

 

(By authority conferred on the director of the department of consumer and industry services by section 16145 of 1978 PA 368 and Executive Reorganization Order No. 1996-2, MCL 333.16145 and 445.2001)

 

R 338.251, R 338.252, R 338.253, R 338.254, and R 338.255 of the Michigan Administrative Code are amended as follows:

 

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 tissues.

(v)  Nausea.

(vi) Vomiting.

(vii) Fainting.

(viii)Mental confusion.

(ix) Cessation of respiration.

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

(c)         “Code” means  Act No. 368 of the Public Acts of 1978, as amended, being § 1978 PA 368, MCL 333.1101 et seq. of the Michigan Compiled Laws.

(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 commerce.

(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 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 approved by the board.

(3)       An applicant shall have achieved a MINIMUM SCALED score of not less than 75 on each part of the Michigan board of optometry clinical examination.

(4)      An applicant shall have achieved a MINIMUM SCALED score of not less than 75 on ALL PARTS part I, a score of not less than 75 on part IIA, and a score of not less than 75 on part IIB of the examination GIVEN developed and scored 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. or achieved a score of not less than 75 on the basic science examination and a score of not less than 75 on the clinical science examination developed and scored by the national board of examiners in optometry.

 

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 pursuant thereto, an applicant shall have graduated from a school or college of optometry approved by the board and satisfy the requirements of this rule.

 

 

(2)      If an applicant was first licensed in another state before June 1, 1985, and has 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 (d) (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.

(3)        If an applicant does not meet the requirements of subrule (2) of this rule, the applicant shall satisfy the following requirements as applicable:

(a)An applicant who was first licensed in another state on or after June 1, 1985, shall have either achieved a score of not less than 75 on part I, a score of not less than 75 on part IIA, and a score of not less than 75 on part IIB of the examination developed and scored by the national board of examiners in optometry or achieved a score of not less than 75 on the basic science examination and a score of not less than 75 on the clinical science examination developed and scored by the national board of examiners in optometry.

(A) AN APPLICANT WHO WAS FIRST LICENSED IN ANOTHER STATE 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.

(b)   An applicant who has not been licensed in another state for a minimum of 5 years and engaged in the practice of optometry for a minimum of 5 years before the date of filing an application for a Michigan optometrist license shall achieve a MINIMUM SCALED score of not less than 75 on each part of the Michigan board of optometry clinical examination.

 

R 338.254 School or college approval standards.

Rule 4. (1) The board approves and incorporates ADOPTS by reference herein IN THESE RULES the standards of the council on optometric education of July, 1976, which govern school or college of optometry accreditation.

(2)   A school or college of optometry accredited by the council on optometric education may be approved by the board.

(3)   A school or college of optometry that is not accredited by the council on optometry education may be approved by the board if it meets the standards in subrule (1) of this rule.

(4)   Copies of the standards of the council on optometric education ACCREDITATION COUNCIL ON OPTOMETRIC EDUCATION ARE AVAILABLE FREE OF CHARGE FROM THE AMERICAN OPTOMETRIC ASSOCIATION, 243 N. LINDBERGH BLVD., ST. LOUIS, MO 63141 OR FROM THE ASSOCIATION’S WEBSITE AT HTTP://WWW.AOANET.ORG. PRINTED COPIES ALSO ARE AVAILABLE FOR INSPECTION AND DISTRIBUTION are available from the Department of CONSUMER AND INDUSTRY SERVICES, OTTAWA BUILDING, 611 W. OTTAWA, P.O. BOX 30670 Licensing and Regulation, 905 Southland Avenue, Lansing, MI 48909, for A COST OF $6.00 AS OF THE TIME OF ADOPTION OF THESE RULES., or from the Council of Optometric Education, 243 North Lindburgh Blvd., Saint St. Louis, Missouri 63141, at no charge.

 

R 338.255 Michigan board of optometry clinical examination; eligibility.

Rule 5.  (1) To  assure  eligibility  BE  ELIGIBLE  TO  SIT  for  the  Michigan  board  of  optometry  clinical examination,  an  applicant  shall  file  a  completed  application  ON  A  FORM  PROVIDED  BY  THE

 

 

DEPARTMENT, TOGETHER WITH THE REQUISITE FEE, AND SHALL SUBMIT EVIDENCE OF HAVING  COMPLETED  A  PROGRAM  IN  OPTOMETRY  FROM  A  DEAN  OF  A  SCHOOL  OR

COLLEGE OF OPTOMETRY APPROVED BY THE BOARD not less than 30 days before the date of the examination, To be eligible to sit for the examination, an applicant shall have graduated from a school or college of optometry approved by the board and SHALL establish 1 of the following: THAT HE OR SHE HAS 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. FINAL TRANSCRIPTS SHALL BE SUBMITTED TO THE DEPARTMENT BEFORE A LICENSE IS ISSUED.

(a)That he or she has achieved a score of not less than 75 on part I, a score of not less than 75 on part IIA, and a score of not less than 75 on part IIB of the examination developed and scored by the national board of examiners in optometry.

(b)           That he or she has achieved a score of not less than 75 on the basic science examination and a score of not less than 75 on the clinical science examination developed and scored by the national board of examiners in optometry.

(c)That he or she was first licensed in another state before June 1, 1985.

(2)  An applicant who fails to achieve a MINIMUM SCALED score of not less than 75 on each part of the Michigan board of optometry clinical examination within 2 attempts shall be required to retake and achieve a MINIMUM SCALED score of not less than 75 on all parts of the examination in each subsequent sitting.