§ 63-8-112 — Powers of board - Examinations

The board is given authority to: (1) Make rules, regulations, policies and procedures not inconsistent with the laws of this state for the proper performance of its duties to carry out the purposes and to enforce this chapter; (2) Provide a standard of efficiency as to the moral, educational and experience qualifications and fitness of all persons who desire to practice optometry in Tennessee in conformity with this chapter; (3) Conduct both written examinations and written or oral clinical examinations of such character as to thoroughly test the qualifications of applicants and refuse to grant a certification to any person who, in its discretion, is found deficient. The board may prepare its own examinations, contract for the preparation of examinations or questions and may select appropriate standardized examinations, such as that of the National Board of Examiners in Optometry and the International Association of Board of Examiners in Optometry. The board is authorized to pay any expenses involved with conducting the examinations, including expenses involved with contracting with persons who participate in the examination process. The board shall not issue a certificate to any person beyond the scope of that person's education and training as determined by the board; (4) (A) (i) Certify optometrists to administer and prescribe pharmaceutical agents for treatment and perform primary eye care procedures as provided in § 63-8-102(12)(E) . No optometrist shall be certified to prescribe or use pharmaceutical agents for treatment purposes in the practice of optometry unless and until that optometrist meets all of the following: (a) The optometrist has been certified to utilize diagnostic pharmaceutical agents; (b) The optometrist has completed at least one hundred fifty (150) classroom hours and at least forty (40) hours of clinical experience relative to diagnosis and treatment of ocular disease, including the use of pharmaceutical agents; and (c) The optometrist has taken and successfully passed the examination administered by or approved by the board; (ii) Nothing in this section shall be construed as prohibiting the board of optometry from requiring additional education, training or experience of an optometrist before allowing an optometrist to examine, diagnose, manage and treat conditions and diseases of the eye and eyelid authorized by this chapter; (B) The board shall require each optometrist certified to use pharmaceutical agents for treatment purposes in the practice of optometry to complete a minimum of ten (10) hours of continuing education annually on diagnosis and treatment and use of pharmaceutical agents in the practice of optometry; (C) The board shall provide the board of pharmacy semiannually with a list of optometrists so certified pursuant to this section and shall provide each certified optometrist with an application certificate that shall be prominently displayed in the optometrist's professional office; (5) Investigate possible violations of and enforce this chapter; (6) Determine the members to attend the meetings of the persons responsible for examining and licensing optometrists in other jurisdictions and other meetings or conventions that will assist the board in performing its duties. Members shall be paid their expenses in attending such meetings in accordance with state travel regulations; (7) Seek injunctions to prevent violations of this chapter. Such actions shall be brought in the chancery court of Davidson County or the chancery court of the county in which the defendant resides or does business. Such actions may be brought by ten (10) or more licensed optometrists or a state association of optometrists as well as by the board; (8) Issue, in its discretion, a certification of identification, upon the payment of a fee as set by the board to a legal, ethical and competent practitioner of optometry in this state who may desire to become licensed in another state; (9) Issue, in its discretion, a duplicate certificate in the event the original is lost or destroyed. The person entitled thereto must make written application to the board for a duplicate, under affidavit setting forth that such certificate was lost or destroyed and the circumstances under which the loss or destruction occurred. The fee for issuing the duplicate shall be set by the board and must accompany the application. Should the original subsequently be found, it must be forwarded immediately to the secretary-treasurer and not be used by the person to whom issued originally or by any other person; and (10) Set information requirements for ocular prescriptions.

Legislative History

Acts 1925, ch. 99, § 5; Shan. Supp., § 3654a16; Code 1932, §7031; Acts 1935, ch. 129, § 4; 1939, ch. 90, §§1, 5; impl. am. Acts 1947, ch. 9, §§ 2-4, 9; mod. C. Supp. 1950, § 7031; impl. am. Acts 1953, ch. 113, § 39; Acts 1953, ch. 113, § 40; 1976, ch. 426, § 4; 1979, ch. 406, §§ 14-17; T.C.A. (orig. ed.), § 63-814; Acts 1984, ch. 937, § 35; 1987, ch. 217, § 2; 1989, ch. 428, § 6; 1989, ch. 523, §§ 51-53; 1993, ch. 295, §§ 2, 3.