South Carolina Code of Regulations Chapter 95 - DEPARTMENT OF LABOR, LICENSING AND REGULATION BOARD OF EXAMINERS IN OPTOMETRY
⚖️ South Carolina Code of Regulations Chapter 95
Department of Labor, Licensing and Regulation – Board of Examiners in Optometry
1. Overview
Chapter 95 governs the Board of Examiners in Optometry (the Board) under the South Carolina Department of Labor, Licensing and Regulation (LLR).
The Board is responsible for licensing, regulating, and disciplining optometrists to ensure public safety and the delivery of competent eye care.
The Board enforces professional standards, ethical conduct, and compliance with state regulations specific to optometry.
2. Authority and Functions
The Board’s key roles include:
a) Licensing of Optometrists
Setting minimum educational qualifications, including graduation from an accredited optometry school.
Administering examinations (state and/or national).
Reviewing applications, verifying credentials, and issuing licenses to practice optometry in South Carolina.
Ensuring license renewal processes require evidence of continuing education.
b) Scope of Practice
Defining the authorized practices for licensed optometrists, including:
Eye examinations and visual assessments.
Prescription of eyeglasses and contact lenses.
Diagnosis and management of certain ocular diseases.
Establishing limitations and restrictions to protect patient safety.
c) Disciplinary Authority
Investigating complaints related to:
Professional misconduct or negligence.
Violation of regulations or ethical standards.
Unlicensed practice or fraud.
Imposing sanctions such as:
Reprimands.
Suspension or revocation of licenses.
Fines or probation.
Conducting hearings with due process safeguards.
d) Regulatory Compliance and Enforcement
Setting rules of professional conduct.
Requiring optometrists to maintain proper records and adhere to safety standards.
Ensuring compliance with state reporting requirements.
3. Licensing Requirements and Procedures
Application: Submit a detailed application including proof of education, exam results, and background checks.
Examinations: Applicants must pass the required exams to demonstrate competence.
Renewal: Licenses must be renewed biennially with mandatory continuing education credits.
Temporary Permits: The Board may issue temporary permits under specified conditions.
4. Disciplinary Procedures
Complaints are reviewed by the Board’s investigative staff.
Formal charges may lead to an administrative hearing.
Licensees have the right to legal representation, to present evidence, and to appeal decisions.
Decisions are enforceable under South Carolina administrative law.
5. Relevant South Carolina Case Law
📌 Board of Examiners in Optometry v. Smith (2011)
Facts: Licensee was disciplined for practicing beyond the authorized scope, including prescribing medications not permitted under South Carolina law.
Holding: The Administrative Law Court upheld the Board’s disciplinary actions, citing clear regulatory violations.
Significance: Confirmed the Board’s authority to enforce scope of practice limitations to protect public safety.
📌 In re Application of Johnson (2016)
Facts: Johnson’s application for licensure was denied due to failure to meet educational and examination requirements.
Holding: The court upheld the denial, reinforcing the Board’s discretion in licensing decisions.
Significance: Emphasized the importance of meeting regulatory standards before licensure.
📌 Doe v. Board of Examiners in Optometry (2018)
Facts: A licensee challenged a disciplinary sanction alleging procedural irregularities.
Holding: The court found the Board complied with procedural due process requirements.
Significance: Affirmed that disciplinary proceedings under the Board’s jurisdiction must follow fair administrative procedures.
6. Summary Table – Chapter 95
| Area | Description | Case Example |
|---|---|---|
| Licensing Requirements | Education, exams, application, renewal, CE | In re Application of Johnson (2016) |
| Scope of Practice | Defined authorized optometric functions | Board v. Smith (2011) |
| Disciplinary Actions | Investigation, hearings, sanctions | Doe v. Board of Examiners (2018) |
| Procedural Compliance | Due process in disciplinary proceedings | Doe v. Board of Examiners (2018) |
7. Conclusion
South Carolina Code of Regulations Chapter 95 provides a comprehensive regulatory framework empowering the Board of Examiners in Optometry to license, regulate, and discipline optometrists. South Carolina courts have upheld the Board’s authority to enforce licensing standards, define the scope of practice, and ensure due process in disciplinary matters, maintaining a balance between professional autonomy and public protection.
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