MT Optometry Jurisprudence flashcards
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33 cards. Read the term and the definition here. The deck at the top of this page is optional.
- Optometry Practice Act citation
- Montana's optometry statutes are codified at Title 37, Chapter 10, MCA. This chapter defines the practice of optometry, establishes the Board of Optometry, and authorizes licensure and discipline.
- ARM 24.168
- The chapter of the Administrative Rules of Montana containing the Board of Optometry's rules, covering licensure procedures, standards of practice, continuing education, and expanded scope requirements.
- Board of Optometry authority
- The Board licenses optometrists, adopts rules, investigates complaints, and imposes discipline. It is administratively attached to the Department of Labor and Industry, which handles licensing administration.
- Rulemaking under MAPA
- Board rules are adopted under the Montana Administrative Procedure Act, which requires public notice, an opportunity for comment, and publication in the Administrative Rules of Montana before a rule takes effect.
- Unlicensed practice
- Practicing or offering to practice optometry without a current Montana license is prohibited. It is subject to injunctive relief and penalties and is grounds for denial of a future license.
- ACOE accreditation requirement
- Applicants for Montana licensure must graduate from a school or college of optometry accredited by the Accreditation Council on Optometric Education or its recognized successor.
- National examination requirement
- Applicants must pass the national optometry board examination sequence accepted by the Board, plus any separate jurisprudence examination the Board requires for Montana licensure.
- Licensure by endorsement
- A licensed optometrist from another state may apply for a Montana license by endorsement by demonstrating education and examination credentials equivalent to Montana requirements and meeting Board standards.
- Renewal cycle requirements
- Montana optometry licenses renew on the Board's annual cycle. Renewal requires completing the required continuing education, paying the renewal fee, and submitting a renewal application by the deadline.
- Late renewal penalty
- A renewal filed after the deadline but within the Board's grace period is accepted on payment of a late penalty fee. Failure to renew within the grace period lapses the license.
- Reinstatement of lapsed license
- A lapsed license requires a reinstatement application. The Board may require additional continuing education, a fee, or reexamination before restoring the license to active status.
- Disclosure on application
- Applications require disclosure of criminal history and any prior or pending license discipline in other jurisdictions. Omission or misrepresentation is grounds for denial or discipline.
- Laser surgical endorsement origin
- HB 218 amended Montana law to create a laser surgical endorsement, expanding optometric scope to include specified laser procedures for optometrists who meet additional training and certification requirements.
- Endorsement eligibility prerequisite
- An applicant for the laser endorsement must hold an active, unencumbered Montana optometry license. The endorsement is added to the license and does not substitute for initial licensure.
- Laser training documentation
- Applicants must document Board-approved education and supervised clinical training in the covered laser procedures, such as an accredited residency or a Board-approved certification course with proctored cases.
- Enumerated procedure limit
- The laser endorsement authorizes only the procedures listed in statute and ARM 24.168.801. Performing other surgical techniques exceeds scope and constitutes unprofessional conduct.
- Laser procedure standards
- Endorsed optometrists must obtain informed consent, maintain procedure records, follow co-management and referral requirements, and meet the applicable standard of care for laser procedures.
- Laser-specific CE
- The Board may require continuing education hours specific to laser procedures as a condition of renewing the laser endorsement, in addition to the general optometry CE requirement.
- CE provider approval
- Continuing education must come from Board-recognized providers, such as accredited optometric institutions, professional associations, or courses the Board has approved, and must relate to optometry.
- CE record retention
- Licensees must keep certificates of completion for the period the Board requires and produce them on audit or request. Falsifying CE records is unprofessional conduct subject to discipline.
- CE deficiency consequences
- Failing to complete required CE by renewal may result in a conditional license, a fine, or referral for discipline. The Board may allow a cure period with a specified plan.
- Complaint filing and screening
- Any person may file a complaint with the Board. The Board screens each complaint and may dismiss it, investigate further, or set the matter for a contested case hearing.
- Disciplinary sanctions
- Board sanctions include reprimand, probation with conditions, suspension, revocation, and civil penalties. The Board may also impose practice restrictions and require remedial education.
- Unprofessional conduct examples
- Unprofessional conduct includes fraud, misrepresentation, practicing beyond scope, practicing while impaired, violating a Board order, and failing to cooperate with a Board investigation.
- Emergency suspension
- The Board may summarily suspend a license when there is an imminent threat to public health and safety, subject to a prompt post-deprivation hearing under the Administrative Procedure Act.
- Self-reporting duty
- A licensee must report arrests, convictions, and disciplinary actions taken in other jurisdictions within the time the Board requires. Failure to self-report is itself a disciplinary violation.
- Address of record
- Every licensee must keep a current mailing address on file with the Board and update it within the required time after a change. This address is used for official notices.
- Service at address of record
- Service of process and Board notices may be made at the licensee's address of record. A licensee's failure to keep that address current does not invalidate the service.
- Public records access
- Board licensing records and disciplinary actions are public records under the Montana Public Records Act, subject to statutory exceptions for confidential patient and investigative information.
- Confidential record exceptions
- Patient medical records and certain investigative materials may be withheld or redacted from public records requests as provided by law, even though the underlying licensing record is public.
- Open meeting requirements
- Board meetings are subject to Montana open meeting laws, which require public notice, an agenda, public attendance, and minutes. Closed sessions are allowed only for authorized confidential matters.
- Public comment at meetings
- Members of the public may attend Board meetings and offer comment at the time designated on the agenda for matters within the Board's jurisdiction.
- Agenda notice rule
- The Board must give public notice of meetings and agendas in the manner and time required by law, and generally may act only on matters listed on the noticed agenda.