MT Optometry Jurisprudence study materials
MT Optometry Jurisprudence study resources

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.