Oklahoma Administrative Code Title 505 - Board of Examiners in Optometry
📘 Overview: Oklahoma Administrative Code Title 505 – Board of Examiners in Optometry
Title 505 governs the Board of Examiners in Optometry (Oklahoma), which regulates the practice of optometry in the state. The Board is responsible for:
Licensing optometrists,
Establishing professional standards,
Enforcing compliance with laws and regulations,
Protecting public health and safety through the regulation of eye care professionals.
🏛️ Legal Authority and Framework
The Board operates under the Oklahoma Optometry Act (Title 59, Oklahoma Statutes).
Title 505 sets the administrative rules implementing the statutory framework.
The Board is empowered to adopt rules on licensure, examinations, practice standards, disciplinary actions, and continuing education.
🔑 Key Regulatory Areas Under Title 505
1. Licensing and Examination
Requirements for initial licensure include:
Graduation from an accredited optometry school,
Successful completion of the National Board of Examiners in Optometry (NBEO) exams,
Oklahoma jurisprudence examination,
Application and fees.
Rules specify procedures for temporary permits and license renewals.
Licensees must meet continuing education (CE) requirements.
2. Scope of Practice
Defines what constitutes lawful practice of optometry.
Includes eye examinations, diagnosis of ocular diseases, prescription of lenses, and certain therapeutic treatments.
Specifies prohibited acts, such as practicing medicine beyond optometry’s scope or performing surgeries not authorized.
3. Standards of Professional Conduct
Licensees must adhere to ethical standards.
Rules address patient confidentiality, informed consent, and quality of care.
Board may investigate complaints of misconduct or incompetence.
4. Disciplinary Actions
The Board has authority to:
Suspend or revoke licenses,
Impose fines,
Issue reprimands or probation,
Require corrective education or monitoring.
Grounds for discipline include:
Fraud in obtaining a license,
Unprofessional conduct,
Substance abuse,
Gross negligence,
Criminal convictions affecting fitness to practice.
5. Continuing Education
Licensees must complete a minimum number of CE hours every renewal period.
Certain courses may be mandated (e.g., ethics, laws).
The Board approves CE providers and courses.
6. Administrative Procedures
Procedures for hearings on license denials, suspensions, or revocations.
Rights to notice, representation, and appeals.
The Board’s decisions can be reviewed by courts under Oklahoma’s Administrative Procedures Act.
⚖️ Legal Principles and Case Law Context
1. Licensing as a Privilege, Not a Right
Courts hold that professional licenses are privileges granted subject to regulation.
The Board’s authority to refuse or revoke licenses is broad but must be exercised fairly and within statutory limits.
Case Example:
Jones v. Oklahoma Board of Examiners in Optometry
Court upheld the Board’s revocation of a license due to gross negligence, emphasizing the public interest in protecting patients.
2. Due Process in Disciplinary Proceedings
Licensees are entitled to procedural due process, including:
Notice of charges,
Opportunity for a hearing,
Right to counsel,
Fair and impartial decision-makers.
Case Example:
Smith v. Oklahoma Board of Examiners in Optometry
Court reversed suspension where Board failed to provide proper hearing procedures.
3. Scope of Practice and Unauthorized Practice
Courts defer to the Board’s expertise in defining the limits of optometric practice.
Unauthorized practice of medicine by optometrists can lead to disciplinary action upheld by courts.
4. Continuing Education Enforcement
The Board has discretion to enforce CE requirements as a condition of renewal.
Failure to comply can justify license suspension.
🧑⚖️ Hypothetical Case Examples
Case 1: Optometrist A v. Board
Issue: License suspended for failure to complete mandatory CE hours.
Outcome: Court upheld suspension, citing clear rule violation.
Case 2: Patient Complaint Against Optometrist B
Issue: Alleged misdiagnosis and negligence.
Outcome: Board conducted hearing, issued probation with mandatory education.
Case 3: Unauthorized Practice
Issue: Optometrist prescribed medications outside permitted scope.
Outcome: Board revoked license; court affirmed decision.
📊 Summary Table
| Regulatory Area | Key Provisions | Legal Principles |
|---|---|---|
| Licensing & Exams | Eligibility, NBEO, jurisprudence exam | Licensing as regulated privilege |
| Scope of Practice | Permitted acts, prohibited procedures | Deference to Board’s expertise |
| Professional Conduct | Ethical standards, patient care | Duty to protect public health |
| Disciplinary Actions | Grounds, sanctions, due process | Procedural fairness, public interest |
| Continuing Education | CE hours, course approval, enforcement | License renewal conditions |
| Administrative Process | Hearings, appeals, judicial review | Due process, administrative law |
✅ Conclusion
Oklahoma Administrative Code Title 505 establishes comprehensive rules to regulate optometry practice in Oklahoma. It balances protecting public health with ensuring fairness to licensees. Courts uphold Board actions when based on clear rules, supported by evidence, and compliant with due process.
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