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    Maryland Register
    Issue Date:  May 12, 2017
    Volume 44 • Issue 10 • Pages 493—494
    Title 10
    Notice of Proposed Action
    The Secretary of Health and Mental Hygiene proposes to amend:
    (1) Regulation .02 under COMAR 10.28.03 Examination and Licensing of Optometrists;
    (2) Regulation .02 under COMAR 10.28.06 Examination of Patients by Optometrists, Maintenance of Records, and Keeping of Certain Instrumentation and Equipment;
    (3) Regulation .02 under COMAR 10.28.07 Fee Schedule;
    (4) Regulation .02 under COMAR 10.28.09 Advertising;
    (5) Regulation .02 under COMAR 10.28.10 Optometrist Accountability; and
    (6) Regulations .01 and .02 under COMAR 10.28.11 Use of Diagnostic Pharmaceutical Agents.
    This action was considered at a public meeting on January 25, 2017, notice of which was given by publication on the Board’s website at http://dhmh.maryland.gov/optometry/Pages/index.aspx pursuant to General Provisions Article, §3–302(c), Annotated Code of Maryland.
    Statement of Purpose
    The purpose of this action is to:
    (1) Require that a university school of optometry be accredited;
    (2) Repeal an outdated reference to the International Association of Boards of Examiners in Optometry (IAB);
    (3) Repeal a requirement that an optometrist make a written record, by tape recorder or computer printout, of certain patient information, and provide that the record may be written, oral, or electronic;
    (4) Repeal the fee for a second office certificate;
    (5) Define advertising as including, but not limited to written, oral, or electronic methods;
    (6) Repeal the requirement that practitioner information appear on any written record required by law or regulation and requiring it to appear on all required records;
    (7) Repeal the definition of credit hour;
    (8) Provide that the list of diagnostic pharmaceutical agents authorized to be administered by an optometrist certified as qualified in their administration is not necessarily exhaustive; and
    (9) Provide that an optometrist may not use a diagnostic pharmaceutical agent in a strength greater than authorized in regulation, unless clinically indicated.
    Comparison to Federal Standards
    There is no corresponding federal standard to this proposed action.
    Estimate of Economic Impact
    I. Summary of Economic Impact. The Board stopped issuing paper licenses 2 years ago, so no requests have been made for a second certificate. Before then, the impact to the licensees was minimal.
    Revenue (R+/R-)
    II. Types of Economic Impact.
    Expenditure (E+/E-)

    A. On issuing agency:
    B. On other State agencies:
    C. On local governments:
    Benefit (+)
    Cost (-)

    D. On regulated industries or trade groups:
    E. On other industries or trade groups:
    F. Direct and indirect effects on public:
    III. Assumptions. (Identified by Impact Letter and Number from Section II.)
    A. and D. Before the Board stopped issuing paper licenses, the Board estimates it received one request every 2 years, upon license renewal.
    Economic Impact on Small Businesses
    The proposed action has minimal or no economic impact on small businesses.
    Impact on Individuals with Disabilities
    The proposed action has no impact on individuals with disabilities.
    Opportunity for Public Comment
    Comments may be sent to Michele Phinney, Director, Office of Regulation and Policy Coordination, Department of Health and Mental Hygiene, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to dhmh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through June 12, 2017. A public hearing has not been scheduled.
    10.28.03 Examination and Licensing of Optometrists
    Authority: Health Occupations Article, §§11–205 and 11–302, Annotated Code of Maryland
    .02 Requirements for Licensure.
    A. (text unchanged)
    B. Professional education—completion of 4 scholastic years at:
    (1) (text unchanged)
    (2) [A] An accredited university school of optometry; or
    (3) (text unchanged)
    C. The Board will accept applications for examination from graduates of those colleges of optometry or university schools of optometry:
    (1) Endorsed by the Association of Regulatory Boards of Optometry (ARBO)[, formerly known as the International Association of Boards of Examiners in Optometry, Inc. (IAB)]; and
    (2) (text unchanged)
    10.28.06 Examination of Patients by Optometrists, Maintenance of Records, and Keeping of Certain Instrumentation and Equipment
    Authority: Health Occupations Article, §§11-205 and 11–208, Annotated Code of Maryland
    .02 Patient History.
    An optometrist shall review the patient's history and shall [record in writing or by other legal means including tape recorder or computer print-out,] create a written, oral, or electronic record of the following:
    A.—C. (text unchanged)
    D. [Vocation, avocation, or other] Other information bearing on visual tasks to be performed.
    10.28.07 Fee Schedule
    Authority: Health Occupations Article, §§11-205 and 11-207, Annotated Code of Maryland
    .02 Fees.
    The following fees are established by the Board:
    A.—F. (text unchanged)
    G. Reinstatement fee to active licensure (payable to change from inactive status to active status licensure) — $100[;
    H. Second office certificate — $5].
    10.28.09 Advertising
    Authority: Health Occupations Article, §§11-205 and 11–313, Annotated Code of Maryland
    .02 Definitions.
    A. (text unchanged)
    B. Terms Defined.
    (1) 'Advertising' means calling to the attention of the public the services one has to offer, including, but not limited to, by written, oral, or electronic methods.
    (2)—(3) (text unchanged)
    10.28.10 Optometrist Accountability
    Authority: Health Occupations Article, §§11-205(a) and 11-311, Annotated Code of Maryland
    .02 Practitioner Identification.
    Licensed practicing optometrists shall, in an appropriate manner, ensure that the patient knows the identity of the provider of optometric care by providing that:
    A. (text unchanged)
    B. The name of the licensed optometrist, or some other method of identifying the optometrist providing the optometric services, appears on any [written] record required by law or regulation; and
    C. (text unchanged)
    10.28.11 Use of Diagnostic Pharmaceutical Agents
    Authority: Health Occupations Article, §§11-101, 11-205, and 11-404, Annotated Code of Maryland
    .01 Definitions.
    A. In this chapter, the following [terms have] term has the [meanings] meaning indicated.
    B. [Terms] Term Defined.
    [(1) 'Credit hour' means attendance in class for 1 hour. One credit hour is interpreted to mean 1 classroom hour.
    (2)] 'Optometric management of ocular disease' means the use of optometric services and techniques to determine the most appropriate and timely referral for ocular disease.
    .02 Diagnostic Pharmaceutical Agents.
    A. An optometrist certified by the Board as qualified to administer diagnostic pharmaceutical agents may use the following agents:
    (1) Agents directly or indirectly affecting the pupil of the eye, including, but not limited to, the mydriatics and cycloplegics listed below:
    (a)—(g) (text unchanged)
    (2) Agents directly or indirectly affecting the sensitivity of the cornea, including, but not limited to, the:
    (a)—(b) (text unchanged)
    B. The optometrist may use the diagnostic pharmaceutical agents listed in §A of this regulation in strengths not greater than the strengths indicated unless clinically indicated.
    C. (text unchanged)
    Secretary of Health and Mental Hygiene