SENATE, No. 1976
STATE OF NEW JERSEY
INTRODUCED MARCH 24, 1997
By Senator KYRILLOS
An Act concerning the licensure of optometrists, amending R.S.45:12-5, R.S.45:12-7, R.S.45:12-9 and P.L.1975, c.24 and supplementing chapter 12 of Title 45 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S. 45:12-5 is amended to read as follows:
45:12-5. A person desiring to commence the practice of optometry shall file with the secretary of the board, upon [blanks] forms to be furnished by the secretary, an application, verified by oath of the applicant, stating therein that he is more than 21 years of age, of good moral character, is a citizen of the United States, or has declared his intention to become such a citizen, [has a preliminary education equivalent to a course of at least 4 years in an approved public or private high school] and has [been] graduated in good standing from a school or college of optometry [maintaining a standard satisfactory to the board and which was in good standing in the opinion of the board at the date of graduation] accredited by the Council on Postsecondary Accreditation or the United States Department of Education, or its successor or equivalent, and shall have received a diploma conferring upon him the degree of doctor of optometry or what in the opinion of the board may be considered the equivalent thereof, and shall have taken an examination [before] acceptable to the board to determine his qualifications therefor. If the examination of any applicant for registration shall be satisfactory to the majority of the board, he shall receive from it a certificate of registration authorizing him to practice optometry. All examination papers of applicants shall be deposited in the New Jersey State Library, and remain there for a period of 1 year, at the expiration of which time they shall be destroyed, and they shall be prima facie evidence of all matters therein contained.
(cf: P.L.1965, c.209, s.1)
2. R.S. 45:12-7 is amended to read as follows:
45:12-7. Any applicant for license to practice optometry, upon proving to the satisfaction of the board that he is of good moral character, a citizen of the United States, or has declared his intention to become such a citizen, and that he has been previously examined and licensed by the examining and licensing board of [another] any State, the District of Columbia or other jurisdiction of the United States, and that [at the time of the granting of such license the standard of requirements for the license to practice optometry in the State where such license was granted was at least substantially equal to the standard of requirements for such license established by this chapter, or upon proof that he has successfully passed an examination conducted by the International Association of Boards of Examiners in Optometry] the applicant's current level of licensure and practice is substantially equivalent to that authorized by chapter 12 of Title 45 of the Revised Statutes, including the use and prescription of pharmaceutical agents for treatment purposes, and upon filing with the secretary of the board a copy of his existing license or certificate, verified as a true copy by the affidavit of the secretary of the board granting such license, may, in the discretion of the board following review and endorsement of the applicant's credentials, be granted a license to practice optometry without further examination upon the payment to the treasurer of the board of [a] the established license fee [of fifty dollars ($50.00), and in such application for a license without examination all questions of academic requirements of other States shall be determined by the Commissioner of Education of this State]. If the board determines that the applicant's credentials do not sufficiently meet the established standards, the board may specify additional coursework or testing that shall be satisfactorily completed prior to re-consideration of the application.
(cf: P.L.1952, c.255, s.3)
3. R.S. 45:12-9 is amended to read as follows:
45:12-9. Every registered optometrist who practices in the State of New Jersey shall, on such dates and times as the board may determine, pay to the secretary-treasurer of the board a registration renewal fee for which he shall receive a renewal of his registration.
A nonactive registration renewal certificate shall be issued to those not practicing within the State upon payment of a renewal fee, payable to the secretary-treasurer of the board on such dates and times as the board may determine. Should a nonactive registrant desire to practice in New Jersey during the registration year, he shall notify the board in writing of his office location, shall pay the required fee for a change of address and an additional fee to activate his license. He must return his nonactive registration renewal certificate for cancellation. The board shall thereupon issue an active registration certificate to said registrant for his office location.
Every person having an active or nonactive license to practice optometry in New Jersey shall notify the board in writing of any change of address and pay a fee and return therewith his registration renewal certificate and the board shall issue a new registration renewal certificate.
Every registered optometrist having a nonactive registration renewal certificate for a period of five years or more who desires an active registration certificate shall be required to submit to a [practical examination, conducted by the board, and if the results of the examination are satisfactory to the majority of the board, he shall then be] review of credentials prior to being issued an active certificate of registration authorizing him to practice in this State. If the board determines that the applicant's credentials do not sufficiently meet the established standards, the board may specify additional coursework or testing that shall be satisfactorily completed prior to re-consideration of the application for an active registration certificate.
The board shall have the power to issue, upon proper application and payment of the prescribed fees, branch office registration certificates to active licensees when, in its discretion, and after a proper investigation, it determines that the new branch office complies with the provisions of this chapter and the rules and regulations of the board and that such action serves the public interest.
Every licensee holding an active registration renewal certificate who intends to practice at any place other than the address for which his active registration renewal certificate is issued shall be required to obtain from the secretary-treasurer for a fee a branch office registration certificate for each and every location wherein he practices; provided, that nothing herein contained shall be construed to require an active licensee to obtain a branch office certificate for the purpose of serving on the staff of a hospital or other health care facility licensed by the Department of Health or institution; and further provided, that nothing herein contained shall be construed to require an active licensee to obtain a branch office certificate for the purpose of rendering necessary optometric services to patients confined to their homes, hospitals or other health care facilities licensed by the Department of Health or institutions.
Every licensee holding a branch office registration certificate or certificates shall, on such dates and times as the board may determine, pay to the secretary-treasurer a registration renewal fee for each branch office registration certificate he holds, for which he shall receive a branch office registration renewal certificate or certificates.
In case of default in payment of registration renewal fees by any registered optometrist, his certificate or certificates to practice may be revoked by the board upon 20 days' notice to the last registered address of said optometrist of the time and place of considering such revocation; but the certificate or certificates shall not be revoked if the person in default pays such fees before or at such time of consideration named by the board.
Branch office registration certificates and branch office registration renewal certificates shall be displayed in the offices for which they are issued as provided for in R.S.45:12-8.
(cf: P.L.1995, c.315, s.1)
4. Section 2 of P.L.1975, c.24 (C.45:12-9.2) is amended to read as follows:
2. All registered active optometrists now or hereafter licensed in the State of New Jersey shall be required to take and maintain records of attendance for courses of study relating to the practice of the profession of optometry or to maintain proficiency in some other alternative manner to be prescribed and established by the New Jersey State Board of Optometrists; except that any practitioner who has been granted his license by examination during the preceding year shall be exempt from this requirement for the succeeding year. [The board shall approve only such continuing educational programs as are available to all persons practicing optometry in the State on a reasonable nondiscriminatory basis.] The board may approve programs to be held within or without the State of New Jersey. [The board shall approve such programs that enable optometrists in all sections of the State to attend such programs. In no event shall the board approve a program offered by any professional association that discriminates against any licensed optometrists in the State, except that the board shall permit a professional association to impose a differential in registration fees not to exceed 130% of the fee charged to members of that professional association] The board's approval or denial of credit for a continuing education course shall be based solely upon educational content and speaker qualifications. In no event shall the board deny credit for an otherwise acceptable course due to its sponsorship, admission policies or promotional practices.
(cf: P.L.1991, c.171, s.1)
5. Section 3 of P.L.1975, c.24 (C.45:12-9.3) is amended to read as follows:
3. Fifty credits of continuing professional optometric education shall be required biennially of each New Jersey optometrist holding an active license during the period preceding the established license renewal date. Each credit shall represent or be equivalent to one hour of actual course attendance [or in the case of those electing an alternative method of satisfying the requirements of this act shall be approved by the board and certified] . Each licensee seeking renewal shall provide an affidavit of compliance with these continuing education requirements to the board on forms to be provided for that purpose. The board shall accept this affidavit as fulfillment of the continuing education requirements for license renewal. The board shall establish a program to periodically audit licensees' records of attendance to ensure compliance with this section.
(cf: P.L.1975, c.24, s.3)
6. Section 4 of P.L.1975, c.24 (C.45:12-9.4) is amended to read as follows:
4. In order to reactivate a license which was issued by the board and has been inactive less than five years, the applicant shall give evidence satisfactory to the board of having maintained proficiency by attaining credits in an amount at least equal to that required for the renewal of an active licensee applicant at that time.
(cf: P.L.1975, c.24, s.4)
7. (New section) The board shall provide by regulation for the issuance of special permits to recent graduates engaging in the practice of optometry while serving in an approved residency pending licensure, and shall establish the range of permissible activities by these persons within the scope of practice authorized by R.S.45:12-1. The board shall approve only those residency programs that are formally affiliated with a school or college of optometry accredited by the Council on Postsecondary Accreditation or the United States Department of Education or are accredited by the Council on Optometric Education of the American Optometric Association or its successor or equivalent.
8. This act shall take effect immediately.
STATEMENT
This bill revises sections of the optometry statutes to correct an inequity wherein optometrists previously licensed in New Jersey must undergo a practical examination in order to reactivate their license to practice in New Jersey, while those optometrists previously licensed elsewhere in the country need only undergo a review of credentials prior to re-licensure. The bill establishes a formal process for review of credentials applicable to all previously licensed optometrists regardless of their original state of licensure.
The bill additionally revises the continuing education requirements for license renewal by specifying that licensees, rather than the New Jersey State Board of Optometrists, shall be personally responsible for maintaining records of attendance at approved continuing education courses. The bill requires the board to establish a program of periodic audits of licensees' records in order to ensure compliance with the new system. This new system of licensee responsibility for maintenance of records brings New Jersey's procedures in line with the other 49 states and with the continuing education requirements and procedures of the other licensed health care professionals in this State.
Finally, the bill authorizes the board to define the range of permissible activities within the existing scope of practice authorized by R.S.45:12-1 for recent optometry graduates who are pending licensure in New Jersey and who are participating in an approved residency program.
Modifies licensure requirements for optometrists.