Current through September 24, 2024
It is the intent of the Optometry Practice Act and the Board to
require the highest level of education from all persons who apply for licensure
in Tennessee. To become licensed to practice Optometry in Tennessee a person
must comply with the following procedures and requirements:
(1) An applicant must obtain from the Board
administrative office an application form that must be completed and submitted
along with all required documentation and fees to the Board administrative
office.
(2) An applicant shall pay
the application fee as provided in Rule 1045-02-.01(1).
(3) An applicant shall cause to be submitted
directly to the Board administrative office a certified transcript mailed by an
accredited college or school of optometry which clearly shows the degree and
the date received. The college or school of optometry must be accredited by one
(1) of the following:
(a) Accreditation
Council on Optometric Education (ACOE)
(b) National Commission on
Accrediting
(c) United States
secretary of education
(4) An applicant shall submit to the Board
administrative office a recent "passport style" photograph of
himself/herself.
(5) An applicant
shall submit to and successfully complete the Board's licensure examination
pursuant to rule 1045-02-.03.
(6)
If an applicant is or has been licensed to practice optometry in any other
state, the documentation required by T.C.A. §
63-8-115(b) shall
be submitted along with the application.
(7) An applicant shall submit to the Board
administrative office satisfactory evidence of good moral character.
Satisfactory evidence of good moral character requires at a minimum two letters
of reference from optometric practitioners on the signators'
letterhead.
(8) An applicant shall
cause to be submitted to the Board's administrative office directly from the
vendor identified in the Board's licensure application materials, the result of
a criminal background check.
(9)
Inactive Volunteer Licensure - Applicants who intend to exclusively practice
Optometry without compensation on patients who receive Optometric services from
organizations granted a determination of exemption pursuant to Section 501
(c)(3) of the Internal Revenue Code may obtain an inactive volunteer license to
do so as follows:
(a) Applicants who currently
hold a valid Tennessee license to practice Optometry issued by the Board
pursuant to this rule which is in good standing must:
1. Retire their active licenses pursuant to
the provisions of rule 1045-02-.04(7)(a) and:
2. Have submitted to the Board Administrative
Office directly from the qualified organization proof of the determination of
exemption issued pursuant to Section 501 (c)(3) of the Internal Revenue Code;
and
3. Certify that they are
practicing Optometry exclusively on the patients of the qualified entity and
that such practice is without compensation.
(b) Applicants who do not currently hold a
valid Tennessee license to practice Optometry must comply with all provisions
of paragraphs (1) through (8) of this rule.
(c) Inactive volunteer licenses are subject
to all rules governing renewal, retirement, reinstatement and reactivation as
provided by rules 1045-02-.04. These licenses are also subject to disciplinary
action for the same causes and pursuant to the same procedures as active
licenses.
(10)
Application Review, Approval, and Denial
(a)
Initial review of all applications to determine whether or not the application
file is complete may be delegated to the Board's administrator or designee,
provided that final approval of all applications is made and ratified by the
Board.
(b) If an application is
incomplete when received by the Board's Administrative Office, or if the
reviewing Board member or the Board's designee determine additional information
is required from an applicant before an initial determination can be made, the
Board administrator shall notify the applicant of the information required. The
applicant shall cause the requested information to be received in the
Administrative Office on or before the sixtieth (60th) day after receipt of the
notification.
1. Such notifications shall be
sent certified mail, return receipt requested, from the Administrative
Office.
2. If requested information
is not timely received, the application file will be considered abandoned and
will be closed by the administrator. If that occurs, the applicant shall be
notified that the Board will not consider issuance of a license until a new
completed application and fees are submitted. The Board may, in its discretion,
keep a file open past this deadline if special circumstances warrant.
(c) A Board member or Board
designee who has reviewed the completed application and determined that the
applicant has met all the requirements for licensure, renewal or reinstatement
may issue an applicant a temporary authorization to practice, as described in
T.C.A. §
63-1-142, subject to ratification
by the full Board at its next regularly scheduled meeting. If the Board member
or designee cannot make such a determination, the applicant shall be advised
that the Board will consider the application at its next regularly scheduled
meeting.
(d) The Board or its
designee may delay a decision on an application for any applicant from whom the
Board wishes additional information.
(e) If after reviewing the completed
application the Board denies, limits, conditions or restricts the issuance of a
license, the action shall become final and the following shall occur:
1. A notification of the denial, limitation,
condition or restriction shall be sent by the Administrative Office by
certified mail, return receipt requested, that contains the specific reasons
for denial, limitation, condition or restriction, and such notification shall
contain all the specific statutory or rule authority for the denial,
limitation, condition or restriction.
2. The notification, when appropriate, shall
also contain a statement of the applicant's right to request a contested case
hearing under the Tennessee Administrative Procedures Act (T.C.A. §§
4-5-301,
et
seq.) to contest the
denial , limitation, condition or restriction and the procedure necessary to
accomplish that action.
(i) An applicant has
a right to a contested case hearing only if the licensure denial, limitation,
condition or restriction is based on subjective or discretionary
criteria.
(ii) An applicant may be
granted a contested case hearing if the licensure denial, limitation, condition
or restriction is based on an objective, clearly defined criteria only if after
review and attempted resolution by the Board's Administrative Staff, the
application can not be approved and the reasons for continued denial,
limitation, condition or restriction present genuine issues of fact and/or law
which are appropriate for appeal. Requests for a hearing must be made in
writing to the Administrative Office within thirty (30) days of the receipt of
the notice of denial, limitation, condition or restriction from the
Board.
(f)
The initial determination procedures of this rule will not apply if the Board
makes a final determination on any application during its meetings.
(g) If the Board finds it has erred in the
issuance of a license, it will give written notice by certified mail of its
intent to revoke or cancel the license. The notice will allow the applicant the
opportunity to meet the requirements for licensure within thirty (30) days from
the date of receipt of the notification. If the applicant does not concur with
the stated reason and the intent to revoke or cancel the license, the applicant
shall have the right to proceed according to subparagraph (e) of this
rule.
Authority: T.C.A. §
4-5-202,
4-5-204,
63-8-112, and
63-8-115.
