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S.F. No. 1904 - Board of Optometry
 
Author: Senator Vicki Jensen
 
Prepared By:
 
Date: February 27, 2014



 

 

SF 1904 makes a number of changes to the optometry licensure.

Section 1(148.52) specifies that the optometrist members on the board must be licensed in Minnesota.

Section 2 (148.54) requires the board to elect a vice president and secretary.

Section 3 (148.57) removes references to fees in this section.  Strikes two subdivisions that are being relocated to other sections.

Section 4 (148.574) clarifies by striking language that an optometrist is prohibited from dispensing legend drugs at retail, unless the legend drug is within the scope of practice and administered to the eye through an ophthalmic good.

Section 5 (148.575) specifies the requirements for the use of legend drugs.  Removes the requirement that the board issue a certificate to an optometrist certifying that the optometrist has complied with the requirements for the use of legend drugs.  Makes a number of technical changes and strikes obsolete language.

Section 6 (148.577) strikes reference to the certification.

Section 7 (148.59) establishes a fee section that specifies the various fees.

Section 8 (148.603) establishes grounds for disciplinary action.

Subdivision 1 reorganizes this section by establishing the grounds for disciplinary action. 

Subdivision 2 prohibits the board from granting a license to any person who has been convicted of a felony-level criminal sexual conduct offense and requires the board to automatically revoke a license if a licensee is convicted of a felony-level criminal sexual conduct offense.  A license that has been denied or revoked under this subdivision is not subject to chapter 364.  Conviction and felony level criminal sexual conduct offense is defined.

Subdivision 3 establishes the circumstances in which automatic suspension of a license by the board can occur.

Subdivision 4 specifies that a suspension, revocation, condition, limitation, qualification, or restriction of a license or registration shall be in effect pending determination of an appeal unless the court orders otherwise.  Specifies that a revocation of a license under subdivision 3 (automatic suspension) is not applicable and remains in place indefinitely.

Subdivision 5 states that the board has the discretion to restore and reissue a license, but may impose any disciplinary or corrective action which the board might have originally imposed.

Subdivision 6 establishes the circumstances in which the board may temporarily suspend a license.

Subdivision 7 specifies the evidence that is admissible in certain disciplinary actions.

Subdivision 8 specifies when the board may require a regulated person to submit to a mental or physical examination.

Section 9 (148.604) establishes the reporting requirements for persons who have knowledge of any conduct that would constitute grounds for disciplinary action by the board.

Section 10 (148.605) provides immunity from civil liability or criminal prosecution for submitting a report to the board or otherwise reporting to the board any violation or alleged violations.

Section 11 (148.606) requires any optometrist who is the subject of an investigation to cooperate fully with the investigation.

Section 12 (148.607) specifies the disciplinary actions that the board may take if the board finds that a licensed optometrist has violated a provision of these statutes.

Section 13 repeals sections 148.571; 148.572; 148.573, subdivision 1; 148.576, subdivisions 1 and 2; and 151.37, subdivision 11.

 

KC:dv

 
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