§ 7105. Exempt persons. Nothing in this article shall be construed to\naffect or prevent:\n a. A student actively enrolled in a school of optometry with\naccreditation acceptable to the department from engaging in clinical\npractice under the supervision of a licensed and currently registered\noptometrist or physician; or\n b. A person licensed to practice optometry from using a degree\nconferred in course after resident study by an educational institution\nlawfully authorized by the state in which it is located to confer such a\ndegree.\n c. An optometrist licensed in another state or country who is employed\non a full-time basis by a registered school of optometry as a faculty\nmember with the rank of assistant professor or higher from conducting\nresearch and clinical demonstration
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§ 7105. Exempt persons. Nothing in this article shall be construed to\naffect or prevent:\n a. A student actively enrolled in a school of optometry with\naccreditation acceptable to the department from engaging in clinical\npractice under the supervision of a licensed and currently registered\noptometrist or physician; or\n b. A person licensed to practice optometry from using a degree\nconferred in course after resident study by an educational institution\nlawfully authorized by the state in which it is located to confer such a\ndegree.\n c. An optometrist licensed in another state or country who is employed\non a full-time basis by a registered school of optometry as a faculty\nmember with the rank of assistant professor or higher from conducting\nresearch and clinical demonstrations as part of such employment, under\nthe supervision of a licensed optometrist and on the premises of the\nschool. No fee may be charged for the practice of optometry authorized\nby this subdivision.\n d. 1. A person in training or appropriately trained and deemed\nqualified by the supervising licensed optometrist, to assist a licensed\noptometrist in the care of a patient for the purpose of instilling\nmydriatic or cycloplegic eye drops and anesthetic eye drops in\nconjunction with such dilating drops to the surface of the eye of a\npatient, provided that the person instilling such eye drops is:\n (i) under the on-site supervision of a supervising licensed\noptometrist;\n (ii) at least eighteen years of age; and\n (iii) complies with standards issued by the department.\n 2. The supervising licensed optometrist shall submit a form prescribed\nby the department, detailing the identity of each person instilling\nmydriatic or cycloplegic eye drops and anesthetic eye drops in\nconjunction with such dilating drops to the surface of the eye of a\npatient, under his or her supervision, attesting to compliance with the\nabove requirements.\n 3. The supervising licensed optometrist's use of any such person\npursuant to the terms of this subdivision shall be undertaken with\nprofessional judgment in order to ensure the safety and well-being of\nthe patient. Such use shall subject the licensed optometrist to the full\ndisciplinary and regulatory authority of the board of regents and the\ndepartment pursuant to this title. The licensed optometrist must notify\nthe patient or the patient's designated health care surrogate that the\nlicensed optometrist may utilize the services of an individual to\nadminister certain eye drops and must provide the patient or the\npatient's designated health care surrogate the opportunity to refuse the\nlicensed optometrist's plan to utilize such person.\n