North Dakota § 43-13-13.2 Practice of optometry - Requirements to practice optometry - Informed consent

North Dakota Statutes

§ 43-13-13.2 — Practice of optometry - Requirements to practice optometry - Informed consent

North Dakota § 43-13-13.2

Title 43Occupations and Professions

Ch. 43-13Optometrists

This text of North Dakota § 43-13-13.2 (Practice of optometry - Requirements to practice optometry - Informed consent) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 43-13-13.2 (2026).

Text

consent.

1.Any person engaged in visual training procedures or who employs or prescribes lenses, prisms, filters, ophthalmic instruments, or combinations thereof, held either in contact with the eye, or in frames or mounting, to aid, relieve, or correct any visual or ocular anomaly, or holds out as being able to do so, is deemed to be engaged in the practice of optometry.

2.An optometrist may not dispense therapeutic pharmaceutical agents, except an optometrist may:

a.Provide a patient a drug sample at no cost to the patient; or

b.Sell contact lenses or ophthalmic devices that are classified by the federal food and drug administration as a drug.

3.An optometric telemedicine provider-patient relationship is established when a patient seeks optometric services from a provider, and the p

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consent.
1. Any person engaged in visual training procedures or who employs or prescribes
lenses, prisms, filters, ophthalmic instruments, or combinations thereof, held either in
contact with the eye, or in frames or mounting, to aid, relieve, or correct any visual or
ocular anomaly, or holds out as being able to do so, is deemed to be engaged in the
practice of optometry.
2. An optometrist may not dispense therapeutic pharmaceutical agents, except an
optometrist may:
a. Provide a patient a drug sample at no cost to the patient; or
b. Sell contact lenses or ophthalmic devices that are classified by the federal food
and drug administration as a drug.
3. An optometric telemedicine provider-patient relationship is established when a patient
seeks optometric services from a provider, and the provider agrees to provide
optometric services to the patient, except in an emergency. The provider-patient
relationship may be expressly created or created through implication; however, the
provider-patient relationship is not created through receipt of patient health information
by the provider unless a prior provider-patient relationship exists. The initial patient
relationship must be established through an eye examination conducted by a licensed
optometrist with a physical location in this state.
4. A licensed optometrist may act as a distant site provider and use telemedicine to
provide care in accordance with standards of practice established by the board by rule.
Telemedicine services may include consultation, diagnosis, and treatment for ocular
diseases, provided that the optometrist complies with the regulations under this
section. Before providing any optometric services to a patient via telemedicine, the

provider first shall provide appropriate verification of the provider's identification,
licensure, and current contact information.
5. Informed consent regarding the optometric services to be provided via telemedicine
must include, at a minimum, information regarding the provider's technology used to
provide optometric services via telemedicine and how to mitigate or resolve any
technological disconnection or issue.