Arkansas Administrative Code
Agency 069 - Board of Optometry
Rule 069.00.02-001 - Regulation Article VI - Section 1(p) - Regulation Written Prescriptions

The Board shall meet at least two (2) times each year, time and place to be designated by the President of the Board in his official call of such meetings. However, additional special meetings may be held at the discretion of the President of the Board, or at the written request of two (2) members of the Board, provided such special meetings are necessary.

Meetings may be called by the President of the Board by giving three (3) days' notice of meeting. Notice may be oral or written, and shall set forth the time and place of such meeting.

A majority of the members of the Board shall constitute a quorum, and if a quorum is not present at the time of such called meeting, same may be adjourned to a later date to be designated by the President.

Before any person shall be permitted to take the entrance examination prescribed by law, he shall submit a written application to the Secretary of the Board setting forth his name, address, date of birth, and a detailed history of his educational qualifications, showing the name and location of school, and the length of time which the applicant attended school. He shall also state in such application whether he has engaged in the practice of optometry elsewhere. To be eligible to take examination an applicant must be a graduate of a College of Optometry approved and accredited by the State Board.

Such application shall contain the names of at least three (3) persons, not related to the applicant, as character references with whom the applicant has been associated in the past five (5) years.

In making such application the applicant shall state that he is willing to abide by the laws of this State regulating the practice of optometry and shall abide by the rules and regulations adopted by this Board.

Such application shall be subscribed by the applicant and sworn to by him before any officer, qualified under the laws of this State, to administer oaths.

Any person furnishing false information in such application shall be denied the right to the entrance examination, or if the applicant has been licensed before it is made known to the Board of the falseness of such information, such license shall be the subject of suspension or revocation.

The examination will be administered no less than twice a year. The application for examination shall be accompanied by a fee of $400.00. The application and the fee must be received by the State Board office prior to 12:00 midnight, June 1st for the mid year exam and prior to 12:00 midnight January 1st for the first quarter exam of the year. Applications received after these deadlines will not be accepted.

In case of withdrawal the examination fee, less a $25 service charge, will be refunded if written notice of withdrawal is received at least 45 days prior to the date the examination is to be given.

All examinations will be given in English.

Entrance examination shall be given by members of the Board, or any duly qualified individual or committee, designated by the Board.

Such examination may be oral or written, or both, and shall consist of the subjects designated in Section 5 of Act 94 of the Acts or Arkansas of 1941 as amended by Act 102 of 1957, Act 710 of 1979, Act 875 of 1985, Act 397 of 1991, Act 101 of 1987, and Acts 176/186 of 1997 and other subjects designated by the Board.

An application for licensure by reciprocity pursuant to Subchapter 3 of Section 17-90-302 of Act 397 of 1991, shall be filed with the Secretary of the Board and shall set forth the name, address, date of birth, and the place or places where the applicant has engaged in the practice of optometry for the three (3) years immediately preceding the application. The application shall contain the names of at least three persons not related to the applicant with whom the applicant has been associated in the last five years. Such application shall also state whether or not the applicant has ever been convicted of a crime, or has ever had his license to practice optometry in other states revoked or suspended.

Such application shall also set forth the educational and professional qualifications of the applicant.

The application shall contain a statement by the applicant that he is willing to abide by the laws of this State and the rules and regulations of this Board, and such application shall be subscribed by the applicant and sworn to by him before an officer qualified to administer oaths by the laws of this State.

The application shall be accompanied with a fee of $400.00. It shall be understood by the applicant that the application fee is to cover the cost of investigation and examination felt necessary by the Board.

All renewal fees shall be paid to the Secretary of the Board on or before the 1st day of February each year. Effective February 1, 2001 and every year thereafter, the renewal fee shall be $150.00 per year. Each license shall expire at 12:00 midnight, February 1st of each year.

Any optometrist licensed to practice in Arkansas, who leaves the State, may retain his license by complying with the continuing education requirements and paying the renewal fee each year. If said optometrist fails to renew his license or comply with the requirements to practice in Arkansas, his license will be revoked, and he will come under the rules of reciprocity if he desires to practice optometry in Arkansas.

License and current certificate of renewal of license to practice optometry, will always be displayed in a conspicuous place in the office of the holder thereof, and whenever requested the license and current certificate of renewal will be exhibited or produced before the Arkansas State Board of Optometry, or to its authorized agents. Any optometrist who performs any of the acts constituting the practice of optometry, or any part thereof, as described in the Arkansas Optometry Law (A.C.A. 17-90-101 et. seq.), or who employs others to perform any or all of the same, shall specify to the State Board of Optometry a designation for each location where full or partial practice takes place. Recognizing that modes of practice vary from location to location, and such modes of practice may include the utilization of a primary office only, a rotation between branch offices, or the combination of a primary office and one or more branch offices, the Board does hereby set forth rules and regulations governing both the definition of office designations and the requirements and restrictions pertaining to the same. It is the express intent of these rules and regulations to ensure that all offices, whether primary offices or branch offices, are regulated in a like manner. The requirements for primary offices must be no less than those for branch offices.

Each licensed optometrist must comply with the following:

Requirements and restrictions for primary offices:

Each licensed optometrist owning or using a primary office only shall:

Requirements and restrictions for fixed branch offices:

Each licensed optometrist owning or using one or more fixed branch offices shall:

Requirements and restrictions for mobile branch offices:

Any licensed optometrist who owns, operates, or leases to or from another person any type of office (practice) or optical dispensary as described in Section 3(a) and/or (b) of the Rules and Regulations of the Arkansas State Board of Optometry, or who employs others to do the same, shall include his or her full name, displayed in a prominent fashion, on or near, the entrance of the office or optical dispensary, and in any written advertisement, concerning such operation, so that the public is properly informed as to the licensed optometrist responsible for the materials and services offered at such locations.

In addition, at each location, the full name of the licensed optometrist physically present and responsible for the provision of optical goods and/or services on each particular day shall be displayed in a prominent fashion, on or near, the entrance of the office or optical dispensary.

Renewal of the Certificate of Registration for a Professional Corporation.

Failure to comply with any of the requirements contained herein in ARTICLE V, RENEWALS, Rules and Regulations of the Arkansas State Board of Optometry, shall be grounds for suspension or revocation of the practitioner's license to practice and/or fines.

The following acts on the part of any licensed optometrist shall be deemed by the Board to be unprofessional conduct.

Any optometrist who advertises as to his services, charges, or items furnished shall do so in such a manner as not to directly or indirectly mislead the public with respect thereto and in accordance with the following:

Any statement or advertisement which makes unsubstantiated claims comparing prices or quality of services, and/or materials such as "best examination in Arkansas," or "Lowest prices in Arkansas" is prohibited.

Any statement or advertisement which offers a "discount" on the price of ophthalmic materials or services must specify the regular price of the material or service.

Optometrists may obtain a listing in the Yellow Pages or classified section of the telephone or other directories, as long as such listing conforms to the style and type of listing of other health professionals.

Beginning on the first day of January, 1996, in addition to the payment of the license renewal fee, each optometrist registered under the provisions of Act 94 of 1941, as amended by Act 102 of 1957, Act 710 of 1979, Act 101 of 1987, Act 3907 of 1991, and Acts 176/186 of 1997 of the Acts of the General Assembly of the State of Arkansas applying for the renewal of his license, shall furnish to the Arkansas State Board of Optometry satisfactory evidence that he obtained no less than twelve (12) clock hours of post-graduate education in a course, or courses, previously designated or approved by the Board, in the year just preceding such application for the renewal of his or her license. All out of state C.E. must be COPE (Council on Optometric Practitioner Education) approved. The State Board will continue to review in-state courses and courses offered by accredited schools and colleges of optometry, schools of medicine, and pharmacy. Of the twelve (12) clock hours required for license renewal, credit for four (4) clock hours may be obtained through approved correspondence or Internet courses. The Secretary of the Arkansas State Board of Optometry shall mail by first class United States mail a written notice to this effect to each person holding a license to practice optometry within the state of Arkansas at least thirty (30) days prior to the first day of January in each year, directed to the last-known address of such licensee. In the event that any licensee shall fail to obtain twelve (12) clock hours of post-graduate education previously designated or approved by the Board, this is declared to be unprofessional conduct by the Arkansas State Board of Optometry and shall be cause for revocation, or suspension of license to practice optometry in this state and/or fines; or to refuse to issue a renewal of any license at any time.

Provided, however, the Arkansas State Board of Optometry may reinstate such licensee to practice optometry in this State any time, or issue a renewal license to any licensee at any time upon the presentation of satisfactory evidence of completion of the postgraduate study required for license renewal and upon the payment of all fees due.

Provided, further, that any optometrist, who because of illness or other unavoidable circumstances, is unable to comply herewith, may make application to the State Board stating the circumstances as to why he or she is unable to so comply, and the Board, at its discretion, may relieve the applicant from so complying for such time and under such circumstances as the Board deems proper.

If any licensee desires to be considered by the Board as retired, and not practicing optometry, then the licensee may renew his or her license without complying with the continuing education requirements.

Optometrists serving in the U.S. Armed Forces or Public Health Service assigned to duties outside the boundaries of the United States will be classified as "hardship" and excluded from the continued education requirements.

One clock hour of continuing education requirements of the required 12 clock hours per year must be in the subject matter of Arkansas Jurisprudence, to include the study of the Arkansas Statutes and Regulations of the Board governing the practice of optometry. Said jurisprudence course must be pre-approved by the Board in order to meet the one hour requirement of continuing education.

All ophthalmic lenses and material dispensed by licensed optometrists in this state shall conform to standards of quality as promulgated by the American National Standards Institute (commonly known as Z-80 standards), which are in effect on the date these rules take effect.

Any person may make a complaint before this Board against any licensed optometrist by filing with the Secretary a written statement setting forth the name of the optometrist, the nature of the acts to be discussed, and the time and place where the alleged acts occurred. Such information shall be kept confidential, unless it is made the basis of a hearing before the Board.

The Board shall investigate all complaints before taking action thereon or making name public. The Board shall also give any optometrist, against whom a complaint may be filed, an opportunity to explain his side of the complaint.

If, after investigation, the Board finds the complaint was justified, it may take action thereon, or may issue a warning to such optometrist that any future violation will result in immediate action by the Board.

Before proceedings are had by the Board it shall cause to be issued a notice to the accused, according to Section 10 of Act 94 of 1941, as amended by Act 102 of 1957.

Such notice shall designate in detail the nature of the charges against the person accused and shall set forth the time and place of the hearing.

All hearings contemplating the revocation, suspension, or rejection for renewal of licenses shall be conducted according to Section 10 of Act 94 of 1941 as amended by Act 102 of 1957, or as provided in the uniform law pertaining to State Boards.

For those optometrists holding only a DPA certificate, the following rules and regulations shall apply.

The following general categories of pharmaceutical agents are hereby approved for use as diagnostic agents: Topical Anesthetics, Mydriatics, Cycloplegics, and Dyes.

No optometrist shall use a pharmaceutical agent until he or she has exhibited his or her qualifications by passing an examination prepared or approved by the Board. Prior to taking the examination, an applicant must present evidence that he or she has (1) graduated from an accredited college of optometry since January 1973, or (2) has successfully completed a course of study approved by the Board.

Upon meeting the qualifications and passing an approved examination, the Board shall issue a certificate to the optometrist which shall be valid for a period of three (3) years unless suspended or revoked.

For renewal of a certificate, each optometrist must submit proof that he or she has, during the preceding three (3) years, received six (6) clock hours of instruction in pharmacology approved by the Board.

The Board hereby approves the examination in pharmacology of the Board for purposes of these standards; however, the examination shall be reviewed by the Board at least every two (2) years to assure that the questions contained therein sufficiently cover the subject of pharmacology.

Each certified optometrist shall establish a written procedure prior to use of any approved pharmaceutical agent. These procedures should include:

Referrals of patients shall be made in accordance with the rules of the Board.

The Board may suspend or revoke the DPA certification of any optometrist who violates any of the provisions of these rules and regulations, or Act 710 of 1979, or Act 875 of 1985.

Any optometrist who is a graduate of a school, or college of optometry, or licensed as of the effective date of this Act (July 20, 1987), and who has not already completed a post-graduate course of study of transcript quality in ocular therapy and pharmacology from an accredited school or college of optometry which complies with all the prerequisites and requirements of the Board and this Act, must successfully complete such course. The successful completion of such course is a prerequisite to the internship program.

The post-graduate course in ocular therapy and pharmacology must be from an accredited school or college of optometry, and of transcript quality credit, and must be approved by the Arkansas State Board of Optometry. A successful passing grade on the examination for the course is required to indicate successful completion of such course as determined by the institution, or the Arkansas State Board of Optometry.

Upon successful completion of an approved post-graduate course in ocular therapy and pharmacology, the optometrist may apply to the Arkansas State Board of Optometry to begin the required internship program. No optometrist shall be authorized until he or she has served in an internship program established by the Board. The internship shall consist of at least 100 hours of supervised clinical training in the examination, diagnosis, and treatment of conditions of the human eye and adnexa.

The internship program shall be conducted under the supervision of a board-certified ophthalmologist. Each ophthalmologist shall certify the hours attained under his supervision by the intern (optometrist) in the area specified in Section 1 above. The intern (optometrist) shall log his or her hours in the logbook provided by the State Board of Optometry. The Arkansas State Board of Optometry shall certify that each intern (optometrist) has met the 100-hour minimum training in the area specified in Section 1 above.

Those optometrists who graduate after the effective date of Act 101 July 20, 1987) shall be required to successfully pass a test in pharmacology given or approved by the Arkansas State Board of Optometry and then shall apply to the State Board for a log book to begin their 100 hour internship program.

Each certified optometrist shall establish a written procedure prior to use of any approved pharmaceutical agent. These procedures should include:

Upon certification by the Arkansas State Board of Optometry, a therapeutic drug certificate shall be issued to the optometrist which shall be valid for a period of three (3) years.

For renewal of the therapeutic drug certificate, the optometrist must submit proof that he or she has, during the preceding three (3) years, received a minimum of twelve (12) clock hours of instruction in pharmacology approved by the Board.

All renewal fees shall be paid to the Secretary of the Board on or before the first day of February of the year of renewal. The renewal fee shall be fifteen dollars ($15.00) per three-year period. Failure to renew shall be cause for suspension or revocation of the certificate.

The current therapeutic drug certificate shall at all times be displayed in a conspicuous place in the office of the holder thereof, and whenever requested, the certificate shall be exhibited or produced before the Arkansas State Board of Optometry or to its authorized agents.

The TPA (Therapeutic Pharmaceutical Agents) certificate supersedes the DPA (Diagnostic Pharmaceutical Agents) certificate. Both are not required.

Duplicate TPA or DPA certificates must be displayed in a branch office. The fee for the duplicate certificate for each branch office shall be fifteen dollars ($15.00) per three-year period. All renewal fees shall be paid to the Secretary of the Board on or before the first day of February of the year of renewal. Failure to renew shall be cause for suspension or revocation of the certificate.

Upon successful completion of a Board approved post-graduate course in ocular therapy and pharmacology and the 100 hour internship, certified by the Arkansas State Board of Optometry, the optometrist shall apply to take an examination prepared or approved by the Arkansas State Board of Optometry. Upon successful completion of this examination, the Board of Optometry shall authorize the optometrist to possess, administer and prescribe the drugs approved by Act 101 of 1987.

The Board may suspend or revoke the TPA certification of any optometrist, and/or fine, anyone who violates any of the provisions of these rules and regulations, or Act 710 of the Acts of Arkansas of 1979, or Act 875 of the Acts of Arkansas, or Act 101 of the Acts of Arkansas of 1987.

The following pharmaceutical agents are authorized to be possessed, administered, and prescribed by a board-certified optometrist. The following agents are to be applied topically to the eye: anesthetics, anti-allergy, antibacterial/antiseptic, antibiotic, antifungal, anti-glaucoma, anti-histamine/decongestant, artificial tear preparation, anti-inflammatory, anti-inflammatory/antibiotic, anti-inflammatory/antibacterial, decongestants, decongestants/astringent, demulcents, dyes, emollients, hyperosmotic agents, irrigation solution, lubricants, mydriatics, miotics, mydriatic/cycloplegics, and vasoconstrictors. The strength and manner in which these agents may be possessed, administered, and prescribed shall be in accordance with the reasonable standard of care accepted in the community in which the certified optometrist practices.

Prior to beginning the treatment of patients for glaucoma, a certified optometrist shall consult with an ophthalmologist and develop a written protocol. Written protocol shall include the following: visual acuity, intraocular pressure, and evaluation of the optic nerve, visual fields, and the anterior chamber angle. The manner of care rendered by the optometrist depends upon the individual written protocol established between the 20 optometrist and the ophthalmologist, and may be altered by mutual written consent on an as needed basis.

The certified optometrist may remove superficial foreign bodies from the lid, conjunctiva, adnexa, and cornea (not deeper that the posterior region of the Bowman's membrane of the cornea.)

This will certify that the foregoing regulations governing the use of topical therapeutic drugs for optometric care by Board certified optometrists were duly adopted by the Arkansas State Board of Optometry on May 1, 1997.

Robert W. Smalling, O.D. President

Howard F. Flippin, O.D., Secretary

Any optometrist who is identified as being impaired or voluntarily reports his impairment, will be responsible for the following:

An impaired provider may request a specific treatment program if that program is approved by the Board.

All rules and parts of rules theretofore promulgated and adopted by this Board in conflict herewith be, and the same are hereby repealed.

These rules being for the regulation and practice of optometry and the protection of the public, the provisions hereby are declared to be separable and the invalidity of any rule, clause, sentence, paragraph, or section hereof shall not affect the validity of the remainder hereof.

BE IT KNOWN that we, Robert W. Smalling, O.D., President, and Kenneth Hubbard, O.D. Secretary, Arkansas State Board of Optometry, do hereby state under oath that we have examined the minutes of the meeting of the Board officially convened on August 30, 2001, and the foregoing amendment to the rules and regulations was duly adopted by said Board and certified to the Governor of the State of Arkansas and the Secretary of State of the State of Arkansas, pursuant to the powers and duties invested in said Board by Act 94 of 1941, as amended.

Dated this 30th day of August 2001.

Robert W. Smalling, O.D. President

Howard F. Flippin, O.D. Secretary

Kenneth Hubbard, Jr., O.D. Secretary