NH Optometry Jurisprudence cheat sheet

The New Hampshire optometry practice act is codified at RSA 327, while the implementing administrative rules appear in the Optometry Board section of the New Hampshire Administrative Rules, N.H. Code Admin. R. Opt 100-500, adopted under the board's rulemaking authority.

Statutory law (RSA) is enacted by the legislature and controls over board rules; when a board rule conflicts with the statute, the statute prevails and the rule is unenforceable to the extent of the conflict.

The Board of Registration in Optometry is the licensing body; its members are appointed by the governor and council, and the board's powers are limited to those expressly granted by RSA 327 or reasonably implied from it.

Administrative rules take effect only after notice, public hearing, and legislative committee review under the state Administrative Procedure Act (RSA 541-A); a rule not adopted through that process is invalid.

Delegation of duties to unlicensed assistants is permitted only for tasks the board has defined as not requiring optometric judgment; the licensed optometrist remains responsible for the delegated act.

A licensed optometrist must display the license or a board-issued certificate of registration at the practice location, and must report a change of practice address to the board within the time set by rule.

Advertising may not be false, deceptive, or misleading; price advertising is permitted, but a statement of professional superiority or a guarantee of results is prohibited.

Patient records must be maintained for the period specified by board rule and released to the patient or the patient's authorized representative, with a copy of the prescription for ophthalmic devices provided on request.

Unlicensed practice and aiding unlicensed practice are separate violations; an optometrist who permits an unlicensed person to perform licensed acts is subject to discipline even if the patient was not harmed.

Initial licensure requires graduation from an accredited school or college of optometry, passage of the National Board of Examiners in Optometry examinations accepted by the board, and any state jurisprudence examination the board requires.

A license is renewed on a biennial cycle; the board sets the expiration date and the renewal fee, and a late renewal may require payment of a penalty in addition to the renewal fee.

Continuing education is required each renewal cycle; the board sets the total hours and any subcategory minimums, such as hours in pharmacology or in ethics and jurisprudence.

CE credit is accepted only from providers or courses the board recognizes; a course taken from an unapproved sponsor does not count toward the requirement even if the subject matter is clinical.

A licensee must retain certificates of completion for the period the board specifies and produce them on audit; failure to document claimed CE is treated as failure to meet the requirement.

A lapsed license may be reinstated within a grace period on payment of fees and proof of CE; after the grace period the board may require reexamination or additional education.

A licensee must notify the board of a change of name or address within the period set by rule; failure to do so is a curable violation but supports discipline if repeated or concealed.

Continuing education hours earned in the same cycle may not be carried forward unless the board's rule expressly allows a carry-over, and duplicate credit for the same course is not permitted.

An optometrist may examine, diagnose, and treat conditions of the human eye and visual system, including refractive error, binocular vision disorders, and ocular disease within the statutory list of authorized conditions.

Therapeutic pharmaceutical authority is limited to topical and oral agents listed in statute or board rule; Schedule II controlled substances and injectable agents are outside the optometric scope unless expressly authorized.

Prescriptions must be issued for a legitimate diagnostic or therapeutic purpose after an examination sufficient to support the diagnosis, and must include the drug, strength, quantity, directions, and refill limits.

A prescription for spectacle lenses or contact lenses must be released to the patient on completion of the examination; the patient may fill it wherever the patient chooses, and the optometrist may not condition release on purchase of eyewear.

Contact lens prescriptions must include the parameters required by the contact lens statute and remain valid for the period set by law; the prescriber must respond to a verification request from a competing seller within the statutory time.

An optometrist may not perform surgery using a scalpel, laser, or other invasive modality, and may not treat a condition that statute reserves to medicine or ophthalmology; such cases require referral.

A diagnosis requiring imaging, laboratory testing, or consultation beyond the optometric scope must be referred to an appropriate physician, and the referral must be documented in the record.

Standing orders or protocols for pharmaceutical treatment must be consistent with the statutory formulary; a drug not on the formulary cannot be prescribed by protocol.

Grounds for discipline include unprofessional conduct, gross negligence, incompetence, fraud in obtaining a license, practicing while impaired, and violation of the practice act or board rules.

The board may impose sanctions ranging from reprimand and probation to suspension, revocation, and civil penalties; it may also require remedial education, supervision, or a practice monitor.

A licensee must report to the board within the time set by rule any adverse action taken against the licensee by another licensing authority or any malpractice payment reportable under state law.

Patient abandonment, failure to maintain adequate records, and breach of patient confidentiality are independent grounds for discipline; each is judged by the standard of care and the board's recordkeeping rule.

The board's disciplinary process follows the state Administrative Procedure Act: notice of charges, opportunity for hearing, findings of fact, and a written decision subject to judicial review.

A licensee may be subject to summary suspension of practice if the board finds an immediate danger to the public health; the licensee is entitled to a prompt post-suspension hearing.

Discipline imposed in another jurisdiction is a basis for discipline in New Hampshire, and the board may act on the foreign record without relitigating the underlying facts.

The board may subpoena records and compel testimony in an investigation; failure to cooperate with a lawful board inquiry is itself a disciplinary violation.

A single act may support both criminal prosecution and board discipline; the board's action is independent of the outcome of any criminal proceeding.