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House Engrossed

State of Arizona
House of Representatives
Forty-fifth Legislature
First Regular Session
2001

HOUSE BILL 2190

AMENDING SECTIONS 32-1701, 32-1704, 32-1706, 32-1721, 32-1722, 32-1723,
32-1724, 32-1726, 32-1727, 32-1728, 32-1742, 32-1743, 32-1744, 32-1746,
32-1747 AND 32-1751, ARIZONA REVISED STATUTES; AMENDING TITLE 32, CHAPTER 16,
ARTICLE 3, ARIZONA REVISED STATUTES, BY ADDING SECTION 32-1745; RELATING TO
THE BOARD OF OPTOMETRY.

(TEXT OF BILL BEGINS ON NEXT PAGE)

H.B. 2190

Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 32-1701, Arizona Revised Statutes, is amended to
32-1701. Definitions
In this chapter, unless the context otherwise requires:
1. "Board" means the state board of optometry.
2. "Conviction" means a judgment of conviction by any state or federal
court of competent jurisdiction in a criminal cause, regardless of whether an
appeal is pending or could be taken, and includes any judgment or order based
on a plea of no contest.
3. "License" "LICENSEE" means a license PERSON LICENSED to practice
the profession of optometry PURSUANT TO THIS CHAPTER.
4. "Licensed Optometrist" or "doctor of optometry" means a person
holding a license to practice the profession of optometry in this state WHO
HAS GRADUATED FROM AN ACCREDITED COLLEGE OF OPTOMETRY.
5. "Pharmaceutical" or "pharmaceutical agent" means a prescription or
nonprescription substance or a schedule III controlled substance used for
examination, diagnosis or treatment of conditions of the human eye and its
6. "Practice of the profession of optometry" means:
(a) The examination or refraction of the human eye and its appendages
and the employment of any objective or subjective means or methods other than
surgery for the purpose of diagnosing or treating with pharmaceutical agents
any visual, muscular, neurological or anatomical anomalies of the eye,.
(b) THE USE OF PHARMACEUTICAL AGENTS AUTHORIZED PURSUANT TO THIS
CHAPTER.
(c) The use of any instrument or device to train the visual system or
correct any abnormal condition of the eye or eyes and.
(d) The prescribing, fitting or employment of any lens, prism, frame
or mountings for the correction or relief of or aid to the visual function,
provided that superficial foreign bodies may be removed from the eye and its
appendages,.
(e) The taking of smears of the human eye and its adnexa for culture
34 analysis and the ordering or performing of clinical tests that are
35
appropriate to diagnose, treat or manage conditions of the human eye and its
adnexa and that are limited to those clia-waived CLIA-waived clinical tests
approved pursuant to 42 Code of Federal Regulations section 493.15.
7. "Surgery" means, in reference to the human eye and its appendages,
39 an invasive procedure in which in vivo human tissue is cut, burned,
40
vaporized, removed, coagulated or photodisrupted by use of an electrical
cautery, a scalpel, a cryoprobe, a laser or ionizing radiation. Surgery does
not include nonsurgical procedures including the removal of superficial
foreign bodies or eyelashes or the use of lasers for diagnostic purposes.
8. "Unprofessional conduct" means:

H.B. 2190

(a) Wilful betrayal of a professional secret or wilful violation of a
privileged communication except as otherwise required by law.
(b) Giving or receiving rebates.
(b) CHARGING A FEE FOR SERVICES NOT RENDERED OR DIVIDING A
PROFESSIONAL FEE FOR PATIENT REFERRALS AMONG HEALTH CARE PROVIDERS OR HEALTH
6 CARE INSTITUTIONS OR BETWEEN THESE PROVIDERS AND INSTITUTIONS OR A
7
CONTRACTUAL ARRANGEMENT THAT HAS THE SAME EFFECT.
(c) Addiction to, or illegal use of, narcotic drugs or use of
intoxicating beverages to excess or practicing or attempting to practice the
profession of optometry while under the influence of intoxicating beverages
or narcotic drugs.
(d) Impersonating another licensed optometrist LICENSEE.
(e) Knowingly having professional connection with or lending one's
name to a person who is not a licensed optometrist LICENSEE.
(f) Gross negligence, repeated or continuing acts of negligence or
incompetence in the practice of optometry.
(g) Any conduct or practice, including incompetency, which THAT
constitutes a danger to the health, welfare or safety of patients or the
(h) Prescribing, dispensing or pretending to use any secret means,
methods, device or instrumentality.
(i) Refusing to divulge to the board upon ON demand the means,
23 methods, device or instrumentality used for optometric examination or
24 therapy.
25
(j) Representing that a manifestly not correctable condition can be
permanently corrected or that a correctable condition can be corrected within
a stated time if this is not accurate.
(k) Knowingly making any false or fraudulent statement, written or
oral, in connection with the practice of the profession of optometry.
(l) Failing to comply with a board order or consent agreement.
(m) Fraud, forgery, unsworn falsification, false swearing or perjury
involving a matter before the board or a written instrument submitted to the
(n) Wilfully and without legal justification failing to furnish in a
timely manner information which THAT is necessary for the board to conduct an
36 investigation under this chapter and which THAT has been requested or
37
subpoenaed by the board.
(o) Conduct that discredits the profession.
(p) Sexual intimacies with a patient in the course of care or
40 treatment.
41
(q) Falsely claiming attendance at a required continuing education

H.B. 2190

Sec. 2. Section 32-1704, Arizona Revised Statutes, is amended to read:
32-1704. Powers and duties of the board
A. The board shall adopt, and may amend, rules consistent with this
chapter governing the practice of the profession of optometry, for the
performance of its duties under this chapter and for the examination of
applicants for licenses. The board shall adopt and use a seal, administer
oaths and take testimony concerning any matter within its jurisdiction.
B. The board may not adopt a rule which THAT:
1. Regulates A LICENSEE'S fees or charges of a doctor of optometry to
a patient.
2. Regulates the place in which a doctor of optometry LICENSEE may
practice.
Prescribes the manner or method of accounting, billing or
collection of fees.
4. Prohibits advertising by a doctor of optometry LICENSEE unless such
THE advertising is inconsistent with section 44-1481.
C. The board shall maintain its records in accordance with a retention
schedule approved by the Arizona state library, archives and public records.
D. The board may SHALL adopt administrative rules providing for
20 criteria for approving programs of IT MUST USE TO APPROVE continuing
21
education PROGRAMS for doctors of optometry LICENSEES. Programs shall be
designed to assist doctors of optometry LICENSEES to maintain competency, to
23 become aware of new developments in the practice of the profession of
24
optometry and to increase management skills and administrative efficiency.
25 The board shall approve programs meeting its adopted THAT MEET THESE
26 criteria.
27
E. THE BOARD SHALL ADOPT RULES THAT PRESCRIBE STANDARDS FOR THE
DELEGATION OF DUTIES OF A LICENSEE TO LICENSED AND UNLICENSED INDIVIDUALS
COMMENSURATE WITH THE EDUCATION AND TRAINING OF THE PERSON TO WHOM THE DUTIES
ARE DELEGATED. THE RULES SHALL LIMIT A NONLICENSEE FROM DIAGNOSING OR
MODIFYING AN ESTABLISHED TREATMENT PROGRAM AND FROM OTHERWISE PERFORMING ANY
FUNCTIONS WHICH WOULD VIOLATE ANY STATUTE APPLICABLE TO THE PRACTICE OF
OPTOMETRY.
E. F. The board may hire an executive director as an employee of the
board. The executive director is responsible for the performance of the
regular administrative functions of the board and such other administrative
duties as the board may direct. The executive director is eligible to
receive compensation in an amount as determined pursuant to section 38-611.
F. G. The board may hire or contract with investigators to assist in
40 the investigation of violations of this chapter, hire other employees
41
required to carry out this chapter and contract with other state agencies
when required to carry out this chapter.
G. H. The board may:
1. Appoint advisory committees.

H.B. 2190

2. Issue subpoenas for the attendance of witnesses and the production
of books, records, documents and other evidence it deems relevant to an
investigation or hearing.
3. Charge reasonable fees for materials it has printed at its own
expense.
4. DELEGATE TO THE EXECUTIVE DIRECTOR, BOARD STAFF AND PERSONS WITH
WHOM THE BOARD CONTRACTS THE BOARD'S LICENSING AND REGULATORY DUTIES. THE
BOARD SHALL ADOPT SUBSTANTIVE POLICY STATEMENTS PURSUANT TO SECTION 41-1091
FOR EACH SPECIFIC LICENSING AND REGULATORY DUTY THE BOARD DELEGATES PURSUANT
TO THIS PARAGRAPH.
Sec. 3. Section 32-1706, Arizona Revised Statutes, is amended to read:
32-1706. Use of pharmaceutical agents
A. A certified licensee may prescribe, dispense and administer
over-the-counter pharmaceuticals and topical prescription pharmaceuticals
SUBJECT TO THE PHARMACEUTICAL AGENT CLASSIFICATIONS SPECIFIED IN SECTION
32-1728.
B. A certified licensee may prescribe, dispense and administer the
following oral prescription pharmaceuticals SUBJECT TO THE PHARMACEUTICAL
AGENT CLASSIFICATIONS SPECIFIED IN SECTION 32-1728:
Antibiotics classified as tetracycline and its derivatives,
cephalosporins, penicillin and its derivatives and erithromycin ERYTHROMYCIN,
azithromycin and clarithromycin. A licensee may prescribe these antibiotics
for any one patient for each occurrence for a period not more than the day
limit recommended by the manufacturer or by the physicians' desk reference.
If the patient's condition is other than blepharitis and does not improve
26 during the first seventy-two hours of treatment by means of an oral
27
antibiotic, the licensee shall consult with the patient's primary care
physician or other family physician for the purpose of referral of the
patient to a physician who specializes in infectious diseases, internal
medicine or neurology. After the referral has been made, the licensee shall
consult with the specialist. The licensee shall note the consultation in the
patient's file. If the treatment is by oral antibiotics for blepharitis and
if the patient's condition does not improve during the first ten days of
treatment, the licensee shall request the patient's primary care physician or
other family physician to refer the patient to a physician who specializes in
infectious diseases, internal medicine or neurology. On notification of the
referral the licensee shall consult with the specialist. The licensee shall
note the consultation in the patient's file. If the condition is not
resolved at the end of the normal treatment period, the licensee shall
request the patient's primary care physician or other family physician to
refer the patient to a physician who specializes in infectious diseases,
internal medicine or neurology. On notification of the referral the licensee
shall consult with the specialist. The licensee shall note the consultation
44 in the patient's file. A licensee shall not prescribe, dispense or
45
administer an oral antibiotic to a person who is under six years of age. For

H.B. 2190

the purpose of this paragraph, "physician" means a person who is licensed
pursuant to chapter 13 or 17 of this title.
2. Antihistamines. A licensee may prescribe an antihistamine for not
more than seven days for any one patient. The licensee shall request the
patient's primary care physician or other family physician who is licensed
pursuant to chapter 13 or 17 of this title to refer the patient. The
licensee may prescribe only the following prescription antihistamines:
(a) Cetirizine.
(b) Loratadine.
(c) Fexofenadine.
3. Nonprescription nonsteroidal anti-inflammatory agents. A licensee
may prescribe, dispense and administer these agents in dosages that exceed
13 over-the-counter dosages but that do not exceed maximum dosages of
14
counterpart prescription nonsteroidal anti-inflammatory agents.
C. A licensee may prescribe, dispense and administer a schedule III
controlled substance only if it is an analgesic.
A licensee shall not prescribe, dispense or administer the
following prescription substances:
1. An oral steroid.
2. An oral antifungal.
3. An oral antiviral.
4. An oral carbonic anhydrase inhibitor.
5. An oral antimetabolite.
6. An oral immunosuppressive.
7. A substance administered intravenously.
8. Except as provided in subsection E, substances administered by
injection.
9. A schedule I, II, IV or V controlled substance.
10. An oral agent for the treatment of closed angle glaucoma attack.
Except as provided in subsection B, paragraph 3, an oral
nonsteroidal anti-inflammatory agent.
E. A licensee may use epinephrine auto-injectors to counteract an
anaphylactic reaction. A licensee who uses auto-injectors may order and
maintain anaphylactic-related supplies. The board shall require a licensee
to maintain in the licensee's office medically necessary supportive equipment
36 and supplies that are used in connection with the treatment of an
37 anaphylactic reaction including oxygen equipment, airway maintenance
38 equipment or other necessary equipment consistent with the prevailing
39
standard of care as specified by the board.
Sec. 4. Section 32-1721, Arizona Revised Statutes, is amended to read:
32-1721. Persons and acts not affected by this chapter
This chapter does not apply to:
1. Physicians and surgeons duly licensed to practice medicine and
surgery in this state, if they are practicing lawfully.

H.B. 2190

2. Dispensing opticians duly licensed to practice, if they are
practicing lawfully in accordance with the provisions of section 32-1671.
3. The sale of complete ready-to-wear eyeglasses as merchandise from a
permanently established place of business.
4. A LICENSED OR UNLICENSED INDIVIDUAL PERFORMING DUTIES DELEGATED
UNDER THE AUTHORITY OF A LICENSEE.
Sec. 5. Section 32-1722, Arizona Revised Statutes, is amended to read:
32-1722. Qualifications of applicant; applications
A. A person of good moral character, desiring to engage in the
practice of the profession of optometry, shall file with the board not less
than thirty days prior to BEFORE the date on which an examination is to be
held a verified application with the required application fee, which shall
show THAT INCLUDES:
1. The applicant's name, age and address.
2. DOCUMENTATION OF graduation from a university or college teaching
16 the profession of optometry and accredited by a nationally accepted
17
accrediting body on optometric education.
3. DOCUMENTATION OF satisfactory completion of a AN EQUIVALENT course
of study approved by the board in didactic education, pharmacology and
clinical training in the examination, diagnosis and treatment of conditions
of the human eye and its adnexa that total EITHER:
(a) MEETS THE CONTEMPORARY EDUCATIONAL REQUIREMENTS AT COLLEGES OF
OPTOMETRY IN THE UNITED STATES.
(b) TOTALS at least one hundred twenty hours in addition to.
4. DOCUMENTATION OF the successful passage of a written examination as
prescribed by the board.
4. 5. Background information on a form prescribed by the attorney
general for the purpose of conducting an investigation into the existence of
prior arrests and convictions.
B. Upon ON receipt of an application in proper form and containing the
information prescribed in subsection A of this section, the board may have an
investigation made of the applicant's character, ability and experience.
C. For the purposes of such AN investigation CONDUCTED PURSUANT TO
SUBSECTION B OF THIS SECTION, the board may subpoena witnesses, administer
oaths and take testimony with respect to the character of the applicant or to
any matter affecting the application at a hearing held after sufficient
notice has been given.
D. If the board finds that the applicant has passed the examination
provided for under section 32-1723 or 32-1724, and that the applicant's
character, ability and experience are satisfactory, the board shall issue a
license.
E. Every application shall be approved or denied within ninety days
from the filing date or, if a hearing is held, within thirty days from the
close of hearing.

H.B. 2190

Sec. 6. Section 32-1723, Arizona Revised Statutes, is amended to read:
32-1723. Licensure by endorsement
A. A person who presents to the board a certified copy of or a license
4 in good standing which was issued after examination by a board of
5
registration in the profession of optometry in any other state where the
requirements for licensure are, in the opinion of the board, equivalent to
those of this state shall be licensed in this state without a written
examination but shall be given a practical and oral examination subject to
all of the following:
1. That such state accords like privileges to holders of licenses
issued in this state.
THE BOARD SHALL WAIVE THE WRITTEN EXAMINATION REQUIREMENTS OF THIS
CHAPTER IF ALL OF THE FOLLOWING ARE TRUE:
1. THE APPLICANT SUBMITS A LICENSE OR A CERTIFIED COPY OF A LICENSE TO
PRACTICE OPTOMETRY ISSUED BY THE REGULATORY BOARD OF ANOTHER JURISDICTION OF
THE UNITED STATES THAT HAS LICENSURE REQUIREMENTS THAT THE BOARD DETERMINES
MEET OR EXCEED THE REQUIREMENTS OF THIS CHAPTER.
2. THE APPLICANT PASSES A PRACTICAL EXAMINATION AS DETERMINED BY THE
2. 3. The license of the applicant shall HAS not have been suspended
or revoked by any other state LICENSING JURISDICTION OF THE UNITED STATES for
any cause which THAT is a basis of GROUND FOR suspension or revocation of a
license under this chapter.
3. 4. The applicant has not previously failed to pass the examination
in this state subsequent to his AFTER THE APPLICANT'S admission to practice
in such THE other state LICENSING JURISDICTION.
4. 5. The applicant has been engaged in the practice of the
profession of optometry continuously in such state THE OTHER LICENSING
JURISDICTION for not less than four of the five years immediately preceding
his THE application.
5. The applicant intends to reside and practice the profession of
optometry in this state.
6. THE INFORMATION PROVIDED BY THE NATIONAL PRACTITIONER DATA BANK HAS
SUCCESSFULLY VERIFIED THE APPLICANT.
6. 7. The applicant offers proof of satisfactory completion of a AN
EQUIVALENT course of study in clinical pharmacology THAT IS approved by the
board AND THAT MEETS THE CONTEMPORARY EDUCATIONAL REQUIREMENTS AT COLLEGES OF
OPTOMETRY IN THE UNITED STATES OR THAT TOTALS AT LEAST ONE HUNDRED TWENTY
8. THE APPLICANT OFFERS PROOF OF PASSING AN EXAMINATION APPROVED BY
THE BOARD IN THE TREATMENT AND MANAGEMENT OF OCULAR DISEASE.
7. 9. The applicant meets the requirements of section 32-1722
concerning good moral character.

H.B. 2190

B. Subsection A of this section applies only to those persons coming
into this state to open a permanent office within one hundred eighty days
from the date a license is issued.
Sec. 7. Section 32-1724, Arizona Revised Statutes, is amended to read:
32-1724. Examination of applicants; time of examination
A. Licensing examinations shall be conducted and graded according to
rules prescribed by the board. The board shall not grade examinations on a
B. The board may give applicants a written examination on subjects
currently being taught in universities or colleges of optometry as well as on
this state's statutes and rules relating to the practice of optometry. In
12 lieu of its written examination for licensure, the board may accept
13
documentation from the national board of examiners in optometry that shows
that an applicant has passed board designated parts of the national board's
examination not more than five years before January 1 of the year the
applicant applies for licensure pursuant to section 32-1722. To receive a
17 passing grade on a written examination administered by the board, an
18
applicant shall receive a grade of not less than seventy-five per cent on the
whole written examination and not less than fifty per cent in any one
subject.
C. The board shall MAY give applicants a practical examination on
subjects currently being taught in universities or colleges of optometry and
on this state's statutes and rules relating to optometry. To receive a
passing grade on a practical examination, an applicant shall receive a grade
of not less than seventy-five per cent.
D. Examinations shall be held at least once each year in this state at
times and places the board designates. Notice of examination EXAMINATIONS
28 shall be given not less than sixty days prior to BEFORE the date of
29
examination. The board shall adopt rules to establish conditions under which
an applicant who is unable to take the examination and who notifies the board
31 prior to BEFORE the date fixed for the examination may take the next
32
examination.
Sec. 8. Section 32-1726, Arizona Revised Statutes, is amended to read:
32-1726. Renewal of license; continuing education; failure to
A. A license remains in effect until August 31 of every odd-numbered
year succeeding the year the license is issued, unless sooner suspended or
revoked. On payment of a renewal fee and completion of a renewal form as
prescribed and provided by the board, a license is renewable by a licensee
every two years and thereafter for an additional two year period. Failure to
pay the renewal fee on or before August 31 of the year in which the renewal
comes due voids the license.
A. BEGINNING ON SEPTEMBER 1, 2001, A LICENSEE WHO WISHES TO RENEW A
LICENSE MUST DO SO EVERY OTHER YEAR ON OR BEFORE THE LICENSEE'S BIRTHDAY BY
SUBMITTING A COMPLETED RENEWAL FORM AND THE RENEWAL FEE PRESCRIBED BY THE

H.B. 2190

BOARD. A LICENSEE WHO DOES NOT RENEW A LICENSE WITHIN THIRTY DAYS AFTER THE
LICENSEE'S BIRTHDAY MUST ALSO PAY A LATE FEE AS PRESCRIBED BY THE BOARD. A
LICENSE EXPIRES IF THE LICENSEE DOES NOT RENEW THE LICENSE WITHIN FOUR MONTHS
AFTER THE LICENSEE'S BIRTHDAY. A PERSON WHO PRACTICES OPTOMETRY IN THIS
5 STATE AFTER THAT PERSON'S LICENSE HAS EXPIRED IS IN VIOLATION OF THIS
6
CHAPTER.
B. As a condition of renewal or reinstatement each doctor of optometry
LICENSEE shall complete THIRTY-TWO HOURS OF continuing education which is
approved by the board and which is designed to educate the licensee in
current developments, skills, procedures or treatment related to the practice
of optometry in such amount and during such period as the board may establish
AS PRESCRIBED BY THE BOARD. The board shall require continuing education on
the subject of pharmaceutical use for doctors who are certified AUTHORIZED by
the board to prescribe, dispense, and administer pharmaceuticals. The board
may waive or adjust the continuing education requirements for good cause
C. A doctor of optometry whose license has been voided under this
section shall not be reinstated except upon TO REINSTATE AN EXPIRED LICENSE A
PERSON MUST SUBMIT A written application and payment of PAY all delinquent
biennial fees, plus penalties of ALL LATE FEES AND A fifty dollars a DOLLAR
PENALTY FEE FOR EACH year THE LICENSE REMAINS UNRENEWED. THE BOARD SHALL NOT
22 REQUIRE THE APPLICANT TO PASS AN INITIAL LICENSING EXAMINATION if the
23
application for reinstatement of the license is made and all delinquent and
renewal fees and penalties are paid APPLICANT MEETS THE REQUIREMENTS OF THIS
SUBSECTION within five years after the license has been voided, an initial
licensing examination shall not be required EXPIRED.
D. A person holding a license to practice the profession of optometry
in this state who has not engaged in the practice of the profession of
29 optometry within a five year period shall pass an initial licensing
30
examination before the license is renewed.
Sec. 9. Section 32-1727, Arizona Revised Statutes, is amended to read:
32-1727. Fees
A. The following fees shall be paid to the board:
1. For Filing an application for examination, one hundred fifty
35 dollars.
36
2. License fee or issuance fee, not to exceed two hundred dollars in
even-numbered years and four hundred dollars in odd-numbered years.
3. Renewal of a license to practice the profession of optometry, not
to exceed four hundred dollars.
4. LATE RENEWAL OF A LICENSE AS ESTABLISHED BY THE BOARD.
4. 5. Application for a license by reciprocity ENDORSEMENT, three
hundred dollars.
5. 6. Duplicate license fee, thirty dollars.
6. 7. Certificates of special qualification, twenty dollars.

H.B. 2190

7. 8. Duplicate certificates of special qualification, twenty
2 dollars.
3
8. 9. Optometry statute pamphlet fee, five dollars.
B. Fees are not refundable.
Sec. 10. Section 32-1728, Arizona Revised Statutes, is amended to
32-1728. Pharmaceutical agents; certification; use; course of
A. A LICENSEE INITIALLY LICENSED AFTER THE EFFECTIVE DATE OF THIS ACT
OR A LICENSEE LICENSED BY ENDORSEMENT AFTER THE EFFECTIVE DATE OF THIS ACT OR
A LICENSEE WHO PASSED AN EXAMINATION CONDUCTED BY THE BOARD FOR THE USE OF
ORAL PHARMACEUTICAL AGENTS PRIOR TO THE EFFECTIVE DATE OF THIS ACT MAY
PRESCRIBE, DISPENSE AND ADMINISTER A PHARMACEUTICAL AGENT SUBJECT TO THE
LIMITATION PROVIDED IN THIS CHAPTER.
A. B. The board may issue a certificate of special qualification to
REISSUE A CERTIFICATE FOR RENEWAL FOR THE use OF PHARMACEUTICAL AGENTS FOR
topical diagnostic or topical therapeutic pharmaceutical agents, or both, to
a person who meets the education requirements of section 32-1722, subsection
19 A, paragraph 3 HOLDS AN EXISTING CERTIFICATE ISSUED ON OR BEFORE THE
20 EFFECTIVE DATE OF THIS ACT and who pays the certificate of special
21
qualification fee prescribed in section 32-1727. THE CERTIFICATE MAY SPECIFY
THE FOLLOWING:
1. USE OF NO DRUGS.
2. USE OF TOPICAL DIAGNOSTIC AGENTS.
3. USE OF TOPICAL DIAGNOSTIC AND THERAPEUTIC AGENTS.
B. C. The board may issue a certificate of special qualification to
use oral PRACTICE OPTOMETRY WITHOUT THE USE OF pharmaceutical agents to a
person who meets the qualifications established for certification HOLDS A
CURRENT LICENSE AS OF JULY 1, 2000 and who pays the certificate of special
qualification fee prescribed in section 32-1727.
C. D. The state board of optometry shall adopt a course of study for
certification to use oral pharmaceuticals after consultation with colleges of
optometry accredited by a nationally accepted accrediting body on optometric
education and with the college of pharmacy at the university of Arizona. The
35 board shall design and implement the course in a manner that requires
36
optometrists A LICENSEE who wish WISHES to have the privilege of dispensing,
prescribing and administering topical and oral pharmaceutical agents pursuant
to this chapter to meet the contemporary educational requirements related to
pharmaceuticals authorized for licensees pursuant to this chapter at colleges
40 of optometry in the United States and to demonstrate competence in
41 dispensing, prescribing and administering those topical or oral
42
pharmaceutical agents by passing examinations in those areas commensurate
with doctoral candidates in colleges of optometry in the United States. The
course of study shall teach and certify competence in the prescription and
administration of topical or oral pharmaceutical agents pursuant to this

H.B. 2190

1 chapter. The board shall adopt the course of study and completion
2 requirements to reflect the current course of study and demonstrated
3
competence level of pharmacy programs in colleges of optometry in the United
States. The board may offer a course and examination that otherwise meets
5 the requirements of this subsection and that is limited to oral
6
pharmaceuticals for licensees who hold a valid diagnostic and therapeutic
7 topical pharmaceutical permit issued pursuant to subsection A of this
8 section.
9
D. E. The state board of optometry shall adopt a uniform prescription
10 form for use by all optometrists LICENSEES who have the privilege to
11 prescribe, dispense and administer topical pharmaceuticals or oral
12 pharmaceuticals. The prescription form shall indicate the prescribing
13
authority of the optometrists LICENSEES and whether the authority includes
PHARMACEUTICALS,
topical pharmaceuticals OR BOTH ORAL
15 PHARMACEUTICALS OR TOPICAL PHARMACEUTICALS , topical diagnostic
16
pharmaceuticals only or topical diagnostic and therapeutic pharmaceuticals
17 only. The form shall include the name, address, telephone number,
18
telefacsimile FAX number and professional license number for OF the
optometrist LICENSEE.
E. F. Annually on or before January 1 the state board of optometry
21 shall mail to the Arizona state board of pharmacy the list of all
22
optometrists LICENSEES who have been certified to prescribe, dispense and
administer either oral pharmaceuticals or topical pharmaceuticals, or both.
Within thirty days of any additional certification by the state board of
optometry, the state board of optometry shall provide updated lists to the
Arizona state board of pharmacy. At the same time the state board of
optometry shall send the list to each licensed pharmacy in Arizona, excluding
hospital pharmacies, long-term care pharmacies and infusion pharmacies.
F. The board may charge a fee for a certificate issued pursuant to
this section.
Sec. 11. Section 32-1742, Arizona Revised Statutes, is amended to
32-1742. Registering with board; public registry file; current
information
A. A holder of a license LICENSEE shall notify the board by certified
mail of the place where he is practicing or intends to begin practice
LOCATION OF THE LICENSEE'S PRACTICE and of any subsequent change of his THE
LICENSEE'S regular office location, including temporary visit and practice
locations. Any subsequent change of regular office location or temporary
visit and practice locations shall be provided by certified mail to the board
within ten days of the change. Any notice required to be given by the board
to any doctor of optometry may be given by mail to his THE LICENSEE'S most
current regular registered place of practice as shown on the records of the
board. If an optometrist A LICENSEE does not have a practice location he THE

H.B. 2190

1 LICENSEE shall notify the board of his THE LICENSEE'S current mailing
2 address.
3
B. The board shall maintain a current registry file of doctors of
optometry together with practice locations which. THE REGISTRY is open to
the public.
C. EACH ACTIVE LICENSEE SHALL NOTIFY THE BOARD WITHIN TEN DAYS OF THE
LICENSEE'S CURRENT RESIDENCE ADDRESS, OFFICE ADDRESS AND TELEPHONE NUMBER AND
OF EACH CHANGE IN RESIDENCE ADDRESS, OFFICE ADDRESS OR TELEPHONE NUMBER.
Sec. 12. Section 32-1743, Arizona Revised Statutes, is amended to
32-1743. Grounds for censure, civil penalty, probation,
suspension, revocation, denial or renewal of license
After notice and a hearing the board in its discretion may censure,
impose a civil penalty, prescribe probation, suspend or revoke the license of
a doctor of optometry or refuse to issue or renew a license, certificate or
registration for any of the following reasons:
1. Conviction of a felony or any offense involving moral turpitude.
2. Procuring or attempting to procure a license to practice optometry
19 or a certificate to use pharmaceutical agents by fraud, deceit,
20
misrepresentation or knowingly taking advantage of the mistake of another
person or agency.
3. Conduct likely to deceive or defraud the public.
4. Unprofessional conduct.
5. Employment of a solicitor to solicit business or soliciting from
house to house or person to person.
6. Obtaining a fee or compensation by fraud or misrepresentation.
7. Employment of a person to engage in the practice of the profession
of optometry who does not hold a license to practice the profession of
optometry in this state.
8. Using any device to evade or defeat the provisions of this chapter,
such as a profit sharing plan or partnership with a person not licensed to
practice the profession of optometry in this state.
9. The practice of the profession of optometry under a false or
assumed name.
10. Violation of any provision of this chapter.
11. Violation of any of the rules adopted by the board pursuant to this
chapter.
12. Any violation of any statutes, laws or rules regulating the
practice of optometry.
13. Providing any controlled substance or pharmaceutical agent not
41 authorized by this chapter or providing any controlled substance or
42
prescription-only drug for other than accepted therapeutic purposes for
diagnosis and treatment of conditions of the human eye and its adnexa.
14. Gross malpractice or repeated acts constituting malpractice.
15. FAILING TO MAINTAIN OR SUBMIT RECORDS AS REQUIRED BY THIS CHAPTER.

H.B. 2190

Sec. 13. Section 32-1744, Arizona Revised Statutes, is amended to
32-1744. Board investigations; duty to report violations;
hearing; decision of board
A. The board on its own motion shall investigate any evidence which
THAT appears to show that a licensee may be guilty of a violation of section
32-1743. Any person may report to the board information the person may have
which THAT appears to show that a licensee may be guilty of unprofessional
conduct or of practice without regard for the safety and welfare of the
public. A person who reports or provides information to the board in good
faith is not subject to civil damages as a result, and the name of the person
reporting shall not be disclosed unless the information is necessary to
13 conduct an investigation or is essential to disciplinary proceedings
14
conducted pursuant to this section.
B. Except as provided in subsection D of this section, if in the
opinion of the board it appears that information provided under subsection A
of this section may be accurate and a violation of this chapter, the board
shall request an informal interview with the licensee before proceeding to a
formal hearing. If the licensee refuses an invitation for an informal
interview, or if the licensee accepts the invitation and if the results of
the interview indicate suspension or revocation of license may be in order, a
complaint shall be issued and a formal hearing held pursuant to title 41,
chapter 6, article 10. If at the informal interview the board finds the
information provided under subsection A of this section is accurate but not
of sufficient seriousness to merit suspension exceeding thirty days or
revocation of the license, it may take any or all of the following actions:
1. Issue a decree of censure or written reprimand.
2. Fix a period and terms of probation best adapted to protect the
public health and safety and rehabilitate the licensee. Probation may
include a requirement for a refund of fees and charges to professional
services clients resulting from services performed in violation of this
chapter or rules adopted pursuant to this chapter, restriction of a license
to practice or temporary suspension not to exceed thirty days. Failure to
comply with probation is cause for filing a complaint and holding a formal
hearing pursuant to title 41, chapter 6, article 10.
3. Impose a civil penalty of not more than one thousand dollars for
each violation of this chapter.
C. If the board determines that a reasonable basis exists to believe
that a violation of this chapter or rules adopted pursuant to this chapter
40 has occurred and the violation is not sufficiently serious to warrant
41
disciplinary action, it may send a letter of concern to the licensee. The
letter of concern shall advise the licensee of the possible violation and the
board's decision not to initiate proceedings. If violations occur after the
board sends a letter of concern, the board may initiate proceedings on all

H.B. 2190

violations, including the violation which THAT was the subject of the letter
of concern.
D. If in the opinion of the board it appears that information provided
under subsection A of this section may be accurate, the board may issue a
complaint and hold a formal hearing pursuant to title 41, chapter 6, article
10 without first holding an informal interview if the probable violation
involves one or more of the following:
1. Gross negligence.
2. Fraud, forgery, unsworn falsification, false swearing or perjury.
3. Three or more repeated offenses.
4. Conviction of a felony.
5. Conviction of an offense involving moral turpitude.
6. Incompetence.
7. Failing to comply with a board order or consent agreement.
8. Wilfully and without legal justification failing to furnish in a
timely manner information necessary for the board to conduct an investigation
under this chapter which THAT has been requested or subpoenaed by the board.
E. If in the opinion of the board it appears that a charge may be
accurate and of sufficient seriousness, The board shall serve on the licensee
a summons and complaint NOTICE fully setting forth the conduct or inability
concerned and returnable at a hearing to be held before the board or an
administrative law judge in not less than thirty days, stating the time and
place of the hearing.
F. The board shall MAY require such A mental and physical examination
and make such AN investigation, including, if necessary, the issuance of
subpoenas, the appointment of advisory committees, the employment of expert
witnesses, the taking of depositions or otherwise, as may be required fully
to inform itself with respect to such THE complaint.
G. A PERSON MAY FILE A MOTION WITH THE BOARD FOR AN EXPEDITED HEARING
PURSUANT TO SECTION 41-1092.05.
G. H. If the licensee wishes to be present at the hearing in person
or by representation, or both, the licensee shall file with the board an
answer to the charges in the complaint. The answer shall be in writing,
verified under oath and filed within twenty days after service of the summons
and complaint.
H. I. At the hearing held in compliance with subsection E of this
section, a licensee may be present in person together with any counsel and
witnesses the licensee chooses.
I. J. The board shall issue subpoenas for such witnesses as it may
need and, at the respondent's expense, for such witnesses as the respondent
may request. A person failing to obey a subpoena shall be certified by the
board to the superior court in the county in which service was made, and
proceedings shall be had for contempt. ALL PROVISIONS OF LAW COMPELLING A
PERSON UNDER SUBPOENA TO TESTIFY ARE APPLICABLE TO A HEARING HELD PURSUANT TO
THIS SECTION.

H.B. 2190

J. Service of the summons and complaint shall be as provided for
service of the summons and complaint in civil cases.
K. Service of subpoenas for witnesses shall be as provided by law for
the service of subpoenas generally.
K. THE BOARD SHALL SERVE EVERY NOTICE OR DECISION UNDER THIS ARTICLE
BY ANY METHOD REASONABLY CALCULATED TO EFFECT ACTUAL NOTICE ON THE BOARD AND
EVERY OTHER PARTY TO THE ACTION TO THE PARTY'S LAST ADDRESS OF RECORD WITH
THE BOARD. EACH PARTY SHALL INFORM THE BOARD OF ANY CHANGE OF ADDRESS WITHIN
FIVE DAYS AFTER THE CHANGE.
L. A licensee who, after a hearing, is found to be guilty by the board
of a violation of this chapter is subject to censure, probation or civil
penalty as provided in subsection B of this section, suspension of license or
revocation of license, or any combination of these, and for the period of
time or permanently and under the conditions the board deems appropriate for
the protection of the public health and safety and just in the circumstances.
M. THE BOARD SHALL ISSUE A WRITTEN DECISION WITHIN TWENTY DAYS AFTER
THE HEARING IS CONCLUDED. THE WRITTEN DECISION SHALL CONTAIN A CONCISE
EXPLANATION OF THE REASONS SUPPORTING THE DECISION. THE BOARD SHALL SERVE A
COPY OF THE DECISION ON THE LICENSEE. ON THE LICENSEE'S REQUEST, THE BOARD
SHALL ALSO TRANSMIT TO THE LICENSEE THE RECORD OF THE HEARING.
M. N. Patient records, including clinical records, medical reports,
laboratory statements and reports, any file, film or other report or oral
statement relating to diagnostic findings or treatment of patients, any
information from which a patient or a patient's family might be identified,
information received and records kept by the board as a result of the
investigation procedure outlined in this chapter or investigation files of
any investigation which is still pending are not available to the public.
N. O. This section or any other law making communications between a
licensee and the licensee's patient a privileged communication does not apply
to investigations or proceedings conducted pursuant to this chapter. The
board and its employees, agents and representatives shall keep in confidence
the names of any patients whose records are reviewed during the course of
investigations and proceedings pursuant to this chapter.
O. The board and a licensee who is the subject of a disciplinary
action may informally settle the disciplinary action either before or after
initiation of hearing procedures.
P. Any action of the board shall be included in the minutes of the
meeting at which the action is taken, including any determination by the
board not to proceed under this section. The person reporting information to
the board shall receive a copy of any final decision.
Q. PURSUANT TO SECTIONS 35-146 AND 35-147, THE BOARD SHALL DEPOSIT
civil penalties collected pursuant to this chapter shall be deposited in the
state general fund.

H.B. 2190

Sec. 14. Title 32, chapter 16, article 3, Arizona Revised Statutes, is
amended by adding section 32-1745, to read:
32-1745. Prehearing conferences; informal settlement
conferences; orders
A. ON A MOTION BY THE BOARD OR BY ANY OTHER PERSON, THE BOARD MAY
SCHEDULE A PREHEARING CONFERENCE AT LEAST TEN DAYS BEFORE THE HEARING DATE
SCHEDULED PURSUANT TO SECTION 32-1744. THE BOARD SHALL NOTIFY A PERSON WHO
REQUESTED A PREHEARING CONFERENCE OF ITS DECISION WITHIN FIVE BUSINESS DAYS.
IF THE BOARD AGREES TO HOLD A PREHEARING CONFERENCE THE NOTIFICATION SHALL
INCLUDE THE DATE, TIME AND PLACE OF THE CONFERENCE.
B. TO PROMOTE THE ORDERLY AND PROMPT CONDUCT OF THE HEARING, THE BOARD
MAY USE A PREHEARING CONFERENCE FOR THE PURPOSES PRESCRIBED IN SECTION
41-1092.05, SUBSECTION F AND FOR ANY OTHER MATTER RELATED TO THE HEARING.
C. THE BOARD MAY CONDUCT ALL OR PART OF THE PREHEARING CONFERENCE BY
ELECTRONIC MEANS IF EACH PARTY IN THE PREHEARING CONFERENCE CAN HEAR AND HAS
AN OPPORTUNITY TO PARTICIPATE DURING THE ENTIRE CONFERENCE.
D. AFTER A PREHEARING CONFERENCE AND BEFORE THE HEARING, THE BOARD
SHALL ENTER AN ORDER VERBALLY ON THE RECORD OR IN WRITING. THE ORDER SHALL
STATE THE STIPULATIONS AND ADMISSIONS MADE, ACTIONS TAKEN AND OTHER MATTERS
20 RESOLVED. THE BOARD SHALL MODIFY THIS ORDER ONLY TO PREVENT MANIFEST
21
INJUSTICE, AS DETERMINED BY THE BOARD.
E. WHETHER OR NOT A PREHEARING CONFERENCE IS HELD, THE BOARD MAY ISSUE
AN ORDER TO REGULATE THE CONDUCT OF THE HEARING AND TO LIMIT THE ISSUES TO
THOSE RAISED IN THE PLEADINGS.
F. THE BOARD SHALL HOLD AN INFORMAL SETTLEMENT CONFERENCE WITHIN
FIFTEEN DAYS AFTER IT RECEIVES A REQUEST TO DO SO FROM THE APPELLANT OF AN
APPEALABLE AGENCY ACTION. A PERSON MUST SUBMIT A REQUEST FOR AN INFORMAL
SETTLEMENT CONFERENCE IN WRITING NOT LATER THAN TWENTY DAYS BEFORE THE
HEARING. THE REQUEST DOES NOT TOLL THE SIXTY DAY PERIOD IN WHICH THE
ADMINISTRATIVE HEARING MUST BE HELD.
G. ONLY A PERSON WITH THE AUTHORITY TO ACT ON BEHALF OF THE BOARD MAY
32 REPRESENT THE BOARD AT THE INFORMAL SETTLEMENT CONFERENCE. THE BOARD
33
REPRESENTATIVE SHALL NOTIFY THE APPELLANT IN WRITING THAT ANY WRITTEN OR ORAL
STATEMENT MADE BY THE APPELLANT AT THE INFORMAL SETTLEMENT CONFERENCE,
35 INCLUDING STATEMENTS FOR THE PURPOSE OF SETTLEMENT NEGOTIATIONS, ARE
36
INADMISSIBLE IN ANY SUBSEQUENT HEARING. THE PARTIES PARTICIPATING IN THE
37 INFORMAL SETTLEMENT CONFERENCE WAIVE THEIR RIGHT TO OBJECT TO THE
38 PARTICIPATION OF THE BOARD REPRESENTATIVE IN THE FINAL ADMINISTRATIVE
39
DECISION.
Sec. 15. Section 32-1746, Arizona Revised Statutes, is amended to
32-1746. Records; maintenance; confidentiality
A. A LICENSEE MUST ALLOW THE BOARD TO INSPECT PATIENT RECORDS DURING
NORMAL BUSINESS HOURS. BEFORE A LICENSEE MAY CHANGE THE LOCATION OF PATIENT

H.B. 2190

RECORDS, THE LICENSEE MUST FILE A SIGNED STATEMENT WITH THE BOARD THAT
DISCLOSES THE NEW ADDRESS WHERE THE LICENSEE WILL MAINTAIN THE RECORDS.
B. All patient records, examination materials, records of examination
4 grading and performance and transcripts of educational institutions
5
concerning applicants and licensees are confidential and ARE not public
records.
Sec. 16. Section 32-1747, Arizona Revised Statutes, is amended to
32-1747. Right to examine and copy evidence
In connection with the investigation by the board on its own motion or
as the result of information received pursuant to section 32-1744, the board
or its duly authorized agents or employees shall at all reasonable times have
access to, for the purpose of examination, and the right to MAY EXAMINE AND
copy DURING NORMAL BUSINESS HOURS any documents, reports, records or any
other physical evidence of any person being investigated, or the reports, THE
records and any other documents maintained by and in possession of any
hospital, clinic, physician's office, laboratory, pharmacy or any other
public or private agency, and any health care institution as defined in
section 36-401, if such THE documents, reports, records or evidence relate
RELATES to competence, unprofessional conduct or the mental or physical
ability of a doctor of optometry LICENSEE to safely practice the profession
of optometry.
Sec. 17. Section 32-1751, Arizona Revised Statutes, is amended to
32-1751. Cease and desist orders; injunctive relief
The attorney general, the board of optometry or the county attorney of
27 a county where a person engaged in the practice of the profession of
28
optometry either without having first obtained a license or after his a
license had been suspended or revoked, may, in accordance with the laws
governing injunctions, maintain in the name of this state an action in the
county in which the offense is committed to enjoin the person until a license
is secured or restored.
IN ADDITION TO ALL OTHER REMEDIES, IF AFTER CONDUCTING AN
INVESTIGATION AND FOR GOOD CAUSE SHOWN IT APPEARS TO THE BOARD, EITHER ON
COMPLAINT OR OTHERWISE, THAT ANY PERSON HAS ENGAGED IN OR IS ENGAGING IN AN
ACT, PRACTICE OR TRANSACTION THAT VIOLATES THIS CHAPTER OR ANY RULE OR ORDER
OF THE BOARD, THE BOARD MAY DO EITHER OF THE FOLLOWING:
1. SERVE ON THE PERSON BY CERTIFIED MAIL OR PERSONAL SERVICE A CEASE
AND DESIST ORDER REQUIRING THE PERSON TO CEASE AND DESIST IMMEDIATELY, ON
RECEIPT OF THE NOTICE, FROM ENGAGING IN THE ACT, PRACTICE OR TRANSACTION. IF
THE BOARD ISSUES A CEASE AND DESIST ORDER IT SHALL CONDUCT A HEARING WITHIN
THIRTY DAYS TO DETERMINE WHETHER THE ORDER SHOULD BE CONTINUED OR SHOULD BE
ELIMINATED AND TO DETERMINE WHETHER THE BOARD SHOULD TAKE OTHER APPROPRIATE

H.B. 2190

2. THROUGH THE ATTORNEY GENERAL OR THE COUNTY ATTORNEY OF THE COUNTY
IN WHICH THE VIOLATION IS ALLEGED TO HAVE OCCURRED APPLY TO THE SUPERIOR
COURT IN THAT COUNTY FOR AN INJUNCTION RESTRAINING THAT PERSON FROM ENGAGING
IN THE VIOLATION.
B. THE COURT SHALL ISSUE A TEMPORARY RESTRAINING ORDER, A PRELIMINARY
INJUNCTION OR A PERMANENT INJUNCTION WITHOUT REQUIRING THE BOARD TO POST A
C. SERVICE OF PROCESS MAY BE ON THE DEFENDANT IN ANY COUNTY OF THIS
STATE WHERE THE DEFENDANT IS FOUND.
D. Violation of an injunction is punishable as contempt of court.
E. An injunction does not relieve a person practicing the profession
of optometry without a license from criminal prosecution but is in addition
to any remedy provided for the criminal prosecution.
Sec. 18. Requirements for enactment; two-thirds vote
Pursuant to article IX, section 22, Constitution of Arizona, this act
is effective only on the affirmative vote of at least two-thirds of the
members of each house of the legislature and is effective immediately on the
signature of the governor or, if the governor vetoes this act, on the
subsequent affirmative vote of at least three-fourths of the members of each
house of the legislature.

Source: http://www.azleg.state.az.us/legtext/45leg/1r/bills/hb2190h.pdf