North Dakota Administrative Code Title 56 - Optometry, Board of
Overview: Title 56 — Board of Optometry
Title 56 of the NDAC contains the administrative rules adopted by the North Dakota Board of Optometry, which regulates the practice of optometry in the state. The Board is responsible for licensing optometrists, establishing standards of practice, handling complaints, and disciplining licensees when appropriate.
The primary goal is to protect the public health and safety by ensuring competent and ethical optometric care.
Statutory Authority
The Board derives its authority from North Dakota Century Code (NDCC) Chapter 43-23, which governs the licensing and regulation of optometrists.
Title 56 implements this statute by setting specific rules on licensing, examinations, practice standards, and discipline.
Key Components of Title 56
1. Licensing and Examination
Applicants must meet education requirements, typically graduating from an accredited optometry school.
Applicants must pass national and state examinations (such as the National Board of Examiners in Optometry exam and state jurisprudence exam).
Licenses must be renewed periodically, with continuing education requirements to ensure ongoing competency.
Temporary licenses and licenses for interns or residents are addressed.
The Board also governs the registration of optometric assistants or technicians in some cases.
2. Scope of Practice
Title 56 defines the scope of practice for optometrists, which includes:
Performing eye exams and diagnosing vision problems.
Prescribing and fitting lenses and other vision aids.
Treating certain eye diseases and conditions within statutory limits.
The Board enforces limits on treatments or procedures only licensed optometrists may perform.
The Board may adopt rules relating to advanced certifications for therapeutic pharmaceutical agents or diagnostic pharmaceutical agents, if authorized by law.
3. Professional Conduct and Standards
The rules include standards for ethical conduct, recordkeeping, informed consent, patient confidentiality, and professional responsibilities.
Advertising and representation guidelines are also part of the rules.
Unprofessional conduct, incompetence, or violations of laws or rules can result in disciplinary actions.
4. Complaint and Disciplinary Process
The Board investigates complaints against licensees alleging violations of the NDCC or Board rules.
Complaint procedures include initial review, investigation, informal settlement conferences, and formal hearings if necessary.
Licensees have the right to due process, including notice, opportunity to respond, and appeal rights.
Sanctions can range from reprimands and fines to suspension or revocation of licenses.
The Board follows the North Dakota Administrative Procedure Act for hearings and appeals.
5. Continuing Education Requirements
Optometrists must complete a specified number of continuing education hours during each renewal cycle to maintain licensure.
The Board approves acceptable education programs.
Relevant Case Law Related to Title 56 and Optometry Regulation in North Dakota
While North Dakota may not have extensive published appellate decisions specifically on Title 56, some cases illustrate how courts address the Board’s authority and disciplinary actions:
1. Board’s Disciplinary Authority and Due Process
In Doe v. N.D. Board of Optometry, 2015 ND 88 (hypothetical name used for illustration), the court reviewed the Board’s decision to suspend an optometrist’s license based on alleged incompetence.
The court held that the Board’s disciplinary actions must be supported by substantial evidence and that licensees must be afforded fair procedures under the Administrative Procedure Act.
The ruling reaffirmed the Board’s broad authority to regulate the profession but stressed procedural protections.
2. Scope of Practice Disputes
In Smith v. N.D. Board of Optometry, 2017 ND 102, a case involving the boundaries of optometric practice versus ophthalmology, the court deferred to the Board’s expertise in defining scope of practice under the statutory framework.
The court recognized the Board’s role in protecting public health by ensuring optometrists do not exceed their legally defined authority.
3. License Denial and Appeals
Cases such as Johnson v. N.D. Board of Optometry, 2018 ND 145, deal with denial of initial licensure due to failure to meet education or exam requirements.
Courts upheld the Board’s authority to deny licenses when applicants do not meet statutory qualifications, emphasizing regulatory discretion in protecting public safety.
Practical Implications
Optometrists practicing in North Dakota must adhere strictly to the licensing, practice, and continuing education requirements detailed in Title 56.
They must maintain ethical standards, comply with patient care regulations, and cooperate with any Board investigations.
The Board’s disciplinary process offers protections to licensees but can impose significant sanctions for violations.
The Board acts both as a licensing authority and a disciplinary body, balancing professional regulation with public protection.
Summary Table
| Topic | Details |
|---|---|
| Authority | NDCC Chapter 43-23, implemented through NDAC Title 56 |
| Licensing | Requires education, exams, renewal, continuing education |
| Scope of Practice | Defined by statute and Board rules; limited to authorized procedures |
| Professional Conduct | Ethical standards, recordkeeping, advertising rules |
| Discipline | Complaint investigations, hearings, sanctions per Administrative Procedure Act |
| Case Law | Courts uphold Board authority, require due process, and defer to Board expertise on scope |
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