New Hampshire Code of Administrative Rules Opt - Board of Registration in Optometry
Certainly! Here's a detailed explanation of the New Hampshire Code of Administrative Rules (NH Admin. Code) governing the Board of Registration in Optometry, along with relevant case law:
🏛️ Overview of NH Admin. Code – Board of Registration in Optometry
The NH Admin. Code establishes the regulatory framework for the practice of optometry in New Hampshire. Key sections include:
1. Licensing and Application Process (Opt 301)
Opt 301.01 outlines the application procedures for licensure, including requirements for education, examinations, and background checks.
Opt 301.02 specifies the necessary documentation, such as transcripts, references, and proof of CPR certification.
2. Standards of Conduct (Opt 502.02)
Establishes ethical guidelines for optometrists, including:
Truthfulness in documentation.
Maintenance of patient confidentiality.
Prohibition of misleading advertising.
Requirements for patient record keeping and prescription practices.
3. Disciplinary Matters (Opt 501)
Opt 501.05 details the process for disciplinary actions, including:
Procedures for hearings and sanctions.
Consideration of aggravating and mitigating circumstances.
Requirements for public disclosure of disciplinary actions.
⚖️ Relevant Case Law
N.H. Bd. of Registration in Optometry v. Scott Jewelry Co. (1939)
Issue: Whether the Board can seek an injunction against unlicensed practice of optometry.
Ruling: The NH Supreme Court held that equity will not interfere by injunction to prevent the violation of a criminal statute unless its violation constitutes a public nuisance. The Court emphasized that the practice of optometry without a license is punishable as a crime, and adequate remedies exist through criminal prosecution or quo warranto actions. Therefore, an injunction was not warranted in this case.
📊 Summary Table
| Area | Regulation | Details |
|---|---|---|
| Licensing | Opt 301.01, Opt 301.02 | Outlines application process, educational requirements, and documentation. |
| Ethical Standards | Opt 502.02 | Establishes conduct guidelines for optometrists. |
| Disciplinary Actions | Opt 501.05 | Details procedures for hearings, sanctions, and public disclosure. |
| Case Law | N.H. Bd. of Registration in Optometry v. Scott Jewelry Co. (1939) | Clarifies limits of Board's authority in seeking injunctions. |
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