Current through Rules and Regulations filed through December 27, 2023
(1) By the authority granted under Section
43-30-5 of the Official Code of
Georgia Annotated, the Georgia Board of Examiners in Optometry has the
authority to adopt, establish, enforce, and maintain rules and regulations
applicable to the practice of optometry adequate to put O.C.G.A. Chapter 30,
Title 43 into effect and to regulate the practice of optometry as a profession
in conformity with and in compliance with accepted professional
standards.
(2) Any one or all of
the following acts committed by a doctor of optometry licensed in Georgia are
in violation of the accepted professional standards for the practice of
optometry in this State and shall constitute "unprofessional conduct" within
the meaning of the O.C.G.A. Section
43-30-9, as
amended:
(a) Continuing to practice
optometry while suffering from any physical or mental disease or disability,
which renders the further practice of optometry dangerous to patients or the
public;
(b) Habitual intemperance
in the use of ardent spirits, narcotics or stimulants to such an extent as to
render the licensed doctor of optometry unfit for the careful performance of
his professional duties;
(c) The
intentional making of any fraudulent, misleading, or deceptive statement in any
form of advertising connected with the practice of optometry, including but not
limited to the tactic of `bait and switch', whereby a product or service is
advertised for a specific price but the consumer must in fact purchase
additional products or product or service previously advertised;
(d) Making untruthful or improbable
statements or flamboyant or extravagant claims concerning the licensed doctor
of optometry's skills which are likely to deceive the public;
(e) Assisting any person other than another
licensed doctor of optometry or a doctor of medicine skilled in diseases of the
eyes in the prescribing or fitting of a contact lens for a patient, unless the
person so assisted is under his direct, personal supervision while upon the
same premises. In releasing a prescription for contact lens all parameters
necessary for fabrication of the lens must be included;
(f) Practicing or continuing to practice
optometry under, or use in connection with his practice of optometry, any
assumed name, corporate name, trade name, or any name other than the name under
which he is licensed to practice optometry in Georgia except under the
following conditions:
1. When doctors of
optometry are practicing as partners, they may practice under the full or last
names of the partners. Doctors of optometry who are employed by other doctors
of optometry shall practice in their own names, but may practice in an office
listed under the name of the individual or partnership of doctors of optometry
by whom they are employed, provided, however, that their names shall be
displayed in a manner similar to the other doctors of optometry in the
practice. In the event of the death or retirement of a doctor of optometry or
sale of the optometric practice, the surviving doctor or doctors or the
purchaser of the practice may continue to use the name of the predecessor in
addition to his own name for a period not to exceed two (2) years from the
death or retirement of said predecessor. This rule shall not be construed to
authorize conduct otherwise prohibited by the Patient Self-Referral Act,
codified at O.C.G.A Section
43-1B-1et
seq.
(g)
Publicly displaying of the licensed doctor of optometry's name upon or in any
premises used for the practice of optometry, unless a licensed doctor of
optometry is actually present at times optometric services are provided and
unless such licensed doctor of optometry is in the practice of optometry at
such premises for a minimum of four (4) hours per week;
(h) Failing to advise each patient whenever
consultation with an optometric colleague or referral for other professional
care seems advisable;
(i) Failing
to hold in professional confidence all information concerning a
patient;
(j) Exaggerating the
patient's condition for the purpose of prescribing or dispensing unnecessary
optometric services;
(k) Performing
any dishonorable, unethical or unprofessional conduct likely to deceive,
defraud or harm the public;
(l)
Consistently misdiagnosing or consistently prescribing improper
therapy;
(m) Violating, attempting
to violate, or conspiring to violate any provision of the laws or rules
pertaining to the practice of optometry in this State;
(n) Failing to provide adequate safeguards
against patient abandonment. For purposes of this Rule, an optometrist shall be
deemed to have provided such safeguards if he/she:
1. makes himself/herself available for
twenty-four (24) hour access;
2.
arranges alternative coverage by a licensed practitioner or other appropriate
healthcare facility; or
3. advises
prospective patients, in writing, at the time of their first visit that it is
his/her policy not to be available during non-office hours;
(o) Assisting, allowing, or permitting an
unlicensed person, firm, association or corporation to practice optometry in
this State;
(p) Accepting any
direct or indirect payment, gift, or other remuneration of any optometric
service not actually rendered;
(q)
Placing his license at the disposal or in the service or control of any person,
firm, association or corporation not licensed to practice optometry in this
State;
(r) Entering into any
agreement that allows an unlicensed person, firm, association, or corporation
to control or attempt to control the professional judgment, the manner of
practice, or the practice of a doctor of optometry. For purposes of this
section,"control or attempt to control the professional judgment, the manner
of practice, or the practice of the doctor of optometry" shall include but not
be limited to:
1. setting or attempting to
influence the professional fees of a doctor of optometry;
2. restricting or attempting to restrict a
doctor of optometry's freedom to see patients on an appointment
basis;
3. terminating or
threatening to terminate any lease, agreement, or other relationship in an
effort to control the professional judgment, manner of practice, or practice of
a doctor of optometry;
4. making or
guaranteeing a loan to a doctor of optometry in excess of the value of the
collateral securing the loan;
5.
agreeing to divide or split fees received for professional services with any
person, firm, association, or corporation for the solicitation or referral of a
patient, provided that the following acts shall not be construed as
unprofessional conduct under this regulation unless the person, firm,
association, or corporation controls or attempts to control the practice of the
doctor of optometry:
(i) entering into a bona
fide lease or rental agreement based upon a percentage of gross
income;
(ii) advertising in a
truthful, non-deceptive manner, or paying for such advertising based upon a
percentage of gross income, as long as such advertising otherwise complies with
Rules 430-4-.01(2)(c),(d) and (f) and other applicable statutes and
regulations.
(iii) nothing in this
rule shall be construed to prohibit professional relationships between
optometrists, medical doctors, health maintenance organizations and/or
hospitals. This rule shall not be construed to authorize conduct otherwise
prohibited by the Patient Self-Referral Act, codified at O.C.G.A. Section
43-1B-1et
seq.
(s) It is the intent of subsection (r) to
prevent manufacturers, wholesalers, or retailers of optical goods from
controlling or attempting to control the professional judgment, manner of
practice or the practice of a doctor of optometry, and the provisions of this
section shall be liberally construed to carry out this intent.
(t) Subsection (r) shall not apply where the
manufacturer, wholesaler, or retailer of ophthalmic goods is a licensed doctor
of optometry or a licensed physician or legal entity 100 percent owned and
controlled by one or more licensed doctors of optometry or licensed physicians;
however, the exception set forth in this subsection shall not apply where the
doctor of optometry or legal entity has offices at more than three (3)
locations.
(u) Failing to release
patient records within a reasonable period of time to a Physician or another
Doctor of Optometry upon written authorization from the patient.
1. The patient shall be responsible to pay
the costs of search, retrieval, copying and mailing the patient
record.
(v) Failing to
respond within the time specified to a subpoena from the Board or the Board's
agent.
(3) No
optometrist, or employee or agent thereof acting on his behalf, shall offer,
agree to accept, or receive compensation in any form for the referral of
professional services to or from another health care provider or entity. This
prohibition includes any form of fee division or charging of fees for the
referral of a patient.
O.C.G.A. Secs.
43-1-19, 43-1-25, 43-9-6.1, 43-30-4, 43-30-5, 43-30-9.
Original Rule entitled
"Unprofessional Conduct" adopted. F. and eff. June 30, 1965.
Repealed:
New Rule of same title adopted. F. Oct. 22,
1968; eff. Nov. 10, 1968.
Amended:
F. Dec. 1, 1970; eff.
Dec. 21, 1970.
Amended:
F. Nov. 16, 1972; eff.
Dec. 6, 1972.
Amended:
F. July 21, 1975; eff.
August 10, 1975.
Amended:
F. Feb. 2, 1978; eff.
Feb. 22, 1978.
Amended:
F. Jan. 15, 1980; eff.
Feb. 4, 1980.
Amended:
F. July 11, 1980; eff.
July 31, 1980.
Repealed:
New Rule of same title adopted. F. June 13,
1984; eff. July 3, 1984.
Amended:
F. Sept. 11, 1985; eff.
Oct. 1, 1985.
Repealed:
New Rule of same title adopted. F. July 21,
1988; eff. August 10, 1988.
Amended:
F. Apr. 4, 1989; eff.
Apr. 24, 1989.
Amended:
F. July 22, 1994; eff.
August 11, 1994.
Amended:
F. Sept. 7, 1999; eff.
Sept. 27, 1999.
Repealed:
New Rule of same title adopted. F. Apr. 29,
2004; eff. May 19, 2004.
Amended: F. Nov. 1,
2005; eff. Nov. 21, 2005.
