Optometry Statutes and Administrative Rules
This domain tests how New Hampshire regulates optometry through the enabling statute, RSA 327, and the Board of Registration in Optometry’s administrative rules in the Opt series. The exam expects you to know which source controls, how Board authority is bounded, and how rulemaking fits the state Administrative Procedures Act.
Statute versus rule
RSA 327 creates the Board and establishes the core licensing and disciplinary framework. Board rules fill in operational detail: applications, fees, continuing education, recordkeeping, and standards of practice. A rule validly adopted under RSA 541-A has the force of law. A Board newsletter, FAQ, or staff policy statement does not override a statute or rule, and the Board may not impose a requirement outside its delegated authority.
What counts as practice
Unlicensed practice and unlawful title use are statutory violations. Using “optometrist,” presenting oneself as an optometrist, or offering optometric care without a license can trigger enforcement. Advertising, delegation, and business arrangements are also constrained by statute and rule; patient harm is not required for a violation.
Worked example
A licensee reads on a third-party CE website that “New Hampshire accepts any 30 hours.” The actual Opt rule specifies approval, documentation, and topic requirements. On audit, the Board applies the rule, not the website summary. If the rule was validly adopted, “I relied on a summary” is not a defense; the licensee must show compliance with the rule’s terms.
Traps that cost marks
- Treating RSA 327 as a complete practice manual; operational details live in Board rules.
- Citing an outdated rule after amendment.
- Assuming oral or informal Board staff advice is a binding waiver.
- Missing that title and advertising restrictions can apply even without patient harm.
- Forgetting that rule validity depends on statutory authority and proper adoption procedure.