1. (a)

   1. (1)

      1. (A) All renewal fees shall be paid to the Secretary-Treasurer of the State Board of Optometry on or before the first day of February each year.
      2. (B) Effective February 1, 2001, and every year thereafter, the renewal fee shall be one hundred fifty dollars ($150) per year.
      3. (C) Each license shall expire at 12:00 midnight on February 1 of each year.

   2. (2)

      1. (A) Each license renewal fee must be received in the office of the secretary-treasurer no later than 12:00 midnight on February 1 of each year.
      2. (B) Only those applications received by this deadline shall be considered timely, regardless of postmark.
      3. (C) The responsibility of timely renewal is placed entirely upon the holder of the license and shall not be transferred to any employee, firm, agent, or other third party, including the postal service.

   3. (3)

      1. (A) Each license holder who has not renewed his or her license on or before February 1 of each year will be given thirty (30) days’ notice of a hearing before the State Board of Optometry.
      2. (B) Notice of such hearing shall be made by certified mail, return receipt requested.
      3. (C) The board may consider the following facts and circumstances in reaching a decision as to the terms and conditions of renewal:

2. (i) If the applicant continued to practice in any manner whatsoever subsequent to the notice of a hearing before the board; and

   1. (ii) Whether there were any extenuating circumstances preventing a timely application for licensure.

3. (b)

   1. (1) Any optometrist licensed to practice in Arkansas who leaves the state may retain his or her license by:

      1. (A) Complying with the continuing education requirements; and
      2. (B) Paying the renewal fee each year.

   2. (2) If said optometrist fails to renew his or her license or comply with the requirements to practice in Arkansas:

      1. (A) His or her license will be revoked; and

      2. (B) He or she will come under the rules of reciprocity if he or she desires to practice optometry in Arkansas.

         1. (c)

   3. (1)

      1. (A) License and current certificate of renewal of license to practice optometry will always be displayed in a conspicuous place in the office of the holder thereof, and whenever requested the license and current certificate of renewal will be exhibited or produced before the board or to its authorized agents.
      2. (B) Any optometrist who performs any of the acts constituting the practice of optometry, or any part thereof, as described in the Arkansas optometry law (Arkansas Code § 17-90-101 et seq.), or who employs others to perform any or all of the same, shall specify to the board a designation for each location where full or partial practice takes place.

   4. (2)

      1. (A)

         1. (i) Recognizing that modes of practice vary from location to location, and such modes of practice may include the utilization of a primary office only, a rotation between branch offices, or the combination of a primary office and one or more branch offices, the board does hereby set forth rules governing both the:
4. (a) (a) Definition of office designations; and

5. (b) (b) Requirements and restrictions pertaining to the same.

   1. (ii)
6. (a) (a) It is the express intent of this part to ensure that all offices, whether primary offices or branch offices, are regulated in a like manner.

7. (b) (b) The requirements for primary offices must be no less than those for branch offices.

   1. (B)

      1. (i) A primary office is defined as:
8. (a) (a) The permanent location at which a licensed optometrist practices full-time, or if practicing in more than one (1) location, the office at which he or she practices the greatest percentage of time; or

9. (b) (b) If practicing with a mobile branch office, that office the licensee utilizes for record storage, equipment maintenance, and patient availability in conjunction with the mobile operations.

   1. (ii)
10. (a) (a) A branch office is defined as any office, other than the primary office, at which a licensed optometrist or employee or agent of a licensed optometrist solicits patients either directly or indirectly and in a premeditated fashion for the purpose of rendering any type of optometric services, including the measuring, repairing, ordering, dispensing, verifying, or adjusting of ophthalmic materials or spectacle lens prescriptions.

11. (b) (b) A fixed branch office is a branch office as defined above that is located in a permanent location.

    1. (c) (c) A mobile branch office is a mobile operation utilized for the practice of optometry at multiple locations.

       1. (C)

          1. (i) Availability is the reasonable ability to ensure provision of optometric care in a timely manner as warranted by patient needs, including, but not limited to, emergencies.
          2. (ii)
12. (a) (a) A licensee who practices in more than one (1) office location shall make application to the board for a duplicate license for each branch office for display as required by this section.

13. (b) (b) In issuing a duplicate license, the address of the branch office location and the original certificate number shall be included.

    1. (c) (c) At the time of an annual renewal of the license, those optometrists who have been issued a duplicate license for a branch office shall make application to the board on a form provided by the board for the renewal of the license.

       1. (iii) The holder of a certificate for a branch office may cancel it by returning the certificate to the secretary-treasurer.

          1. (iv) The fee for a duplicate license for each branch office, be it fixed or mobile, shall be fifty dollars ($50.00), to be renewed annually, and will expire at 12:00 midnight on February 1 of each year.
          2. (v) A licensed optometrist practicing in more than one (1) office shall provide information to patients as to how he or she, or another licensed optometrist, may be contacted during regular business hours.
          3. (d) Each licensed optometrist must comply with the following:
    2. (1) Each licensed optometrist shall have on file with the board his or her current business address and telephone number;
    3. (2) If a licensed optometrist changes the physical location of where he or she practices optometry, be it the primary office, fixed branch office, or physical location of the mobile branch office, he or she must first notify the Executive Director of the State Board of Optometry by mail, fax, or electronic communications, on a form as provided by the board office, of the address and phone number of the intended location of practice and pay an administrative fee of thirty dollars ($30.00), all prior to resuming practice;

    4. (3) Any correspondence from the board of any nature that is mailed to a listed permanent address of a licensed optometrist and that requires response or action must be taken care of:

       1. (A) Within the time specified in the notice; or
       2. (B) If no time is stated in the notice, within thirty (30) days of the receipt of said notice;

    5. (4)

       1. (A) In case of absence or disability, each licensed optometrist shall designate a responsible party (secretary, attorney, or a relative) with appropriate address, to serve as his or her agent.
       2. (B) The designated person will have authority to respond in his behalf to any correspondence received from the board under subdivision (d)(3) of this section;
    6. (5) The name, address, and phone number of the person designated as agent for the licensed optometrist shall be listed with the board at each license renewal time or, in the event of any change, as required above;

    7. (6)

       1. (A) Every licensed optometrist shall, within ten (10) days of receipt of written notification of the filing of a claim or lawsuit alleging malpractice against him or her, notify the board by registered letter of the lawsuit and provide the information on a form provided by the board.

       2. (B) All such information and reports shall be:

          1. (i) Exempt from the Freedom of Information Act of 1967, Arkansas Code § 25-19-101 et seq.; and
          2. (ii) Released only upon the order of a court of competent jurisdiction; and
    8. (7) Failure to comply with any of the above requirements shall be grounds for suspension or revocation of the licensed optometrist to practice and/or fines.

14. (e) Requirements and restrictions for primary offices. Each licensed optometrist owning or using a primary office only shall:

    1. (1) Report to the board the street address and telephone number of the office designated as the primary office;
    2. (2) Maintain reasonable access to all patient records at the primary office location for each patient examined or treated at that location;
    3. (3) Ensure the provision of appropriate follow-up care, continuity of care, and availability for his or her patients in the primary office location;

    4. (4) Maintain in good working order the equipment necessary to provide a routine eye examination, which shall include, but not be limited to, the following minimum equipment:

       1. (A) A device for the accurate measurement of visual acuity;
       2. (B) A lensometer;
       3. (C) A direct ophthalmoscope;
       4. (D) A binocular indirect ophthalmoscope (DPA, TPA, or optometric physician, certified practitioners only);
       5. (E) A retinoscope;
       6. (F) An instrument for the measurement of intraocular pressure;
       7. (G) A refracting instrument;
       8. (H) An instrument for measurement of corneal curvature;
       9. (I) An instrument for the measurement of visual fields; and
       10. (J) A biomicroscope;
    5. (5) Ensure that a licensed optometrist be in personal attendance at least twenty percent (20%) of the time, per month, the primary office is open, seeing patients; and
    6. (6) Meet all the requirements of the Arkansas optometry law, Acts 1991, No. 397, Arkansas Code § 17-90-303.

15. (f) Requirements and restrictions for fixed branch offices. Each licensed optometrist owning or using one (1) or more fixed branch offices shall:

    1. (1) Report to the board each fixed branch office location other than a primary office at which he or she is practicing optometry;
    2. (2) Maintain reasonable access to all patient records at each fixed branch office location for each patient examined or treated at that location;
    3. (3) Ensure the provision of appropriate follow-up care, continuity of care, and availability for his or her patients in the fixed branch office location;

    4. (4) Maintain in good working order the equipment necessary to provide a routine eye examination, which shall include, but not be limited to, the following minimum equipment:

       1. (A) A device for the accurate measurement of visual acuity;
       2. (B) A lensometer;
       3. (C) A direct ophthalmoscope;
       4. (D) A binocular indirect ophthalmoscope (DPA, TPA, or optometric physician, certified practitioners only);
       5. (E) A retinoscope;
       6. (F) An instrument for the measurement of intraocular pressure;
       7. (G) A refracting instrument;
       8. (H) An instrument for measurement of corneal curvature;
       9. (I) An instrument for the measurement of visual fields; and
       10. (J) A biomicroscope;
    5. (5) Ensure that a licensed optometrist be in personal attendance at least twenty percent (20%) of the time, per month, the fixed branch office is open; and
    6. (6) Meet all the requirements of the Arkansas optometry law, Acts 1991, No. 397 (Arkansas Code § 17-90-303).

16. (g) Requirements and restrictions for mobile branch offices:

    1. (1) Report to the board the office at which all patient records are maintained;
    2. (2) Provide every patient with the telephone number and address of the office used in conjunction with the mobile operations;
    3. (3) Maintain reasonable access to all patient records at the office;
    4. (4) Ensure personal availability via the use of a beeper, mobile telephone, radio, or other modality that is capable of receiving calls from the office while the licensed practitioner is practicing at one (1) of the various locations served by the mobile operation;
    5. (5) Ensure the provision of appropriate follow-up care, continuity of care, and availability for his or her patients in every location served by the mobile operation;
    6. (6) Maintain and use appropriate facilities for the storage and transit of all pharmaceutical agents used by the licensed practitioner or certified optometrist that will ensure the safety and condition of such agents when they are in transit or being stored;

    7. (7) Maintain in good working order the equipment necessary to provide a routine eye examination which shall include, but not be limited to, the following minimum equipment:

       1. (A) A device for the accurate measurement of visual acuity;
       2. (B) A lensometer;
       3. (C) A direct ophthalmoscope;
       4. (D) A binocular indirect ophthalmoscope (DPA, TPA, or optometric physician, certified practitioners only);
       5. (E) A retinoscope;
       6. (F) An instrument for the measurement of intraocular pressure;
       7. (G) A refracting instrument;
       8. (H) An instrument for measurement of corneal curvature;
       9. (I) An instrument for the measurement of visual field; and
       10. (J) A biomicroscope;
    8. (8) Ensure that a licensed optometrist be in personal attendance at least twenty percent (20%) of the time, per month, the mobile branch office is open; and
    9. (9) Meet all the requirements of the Arkansas optometry law, Acts 1991, No. 397 (Arkansas Code § 17-90-303).

17. (h)

    1. (1) Any licensed optometrist who owns, operates, or leases to or from another person any type of office (practice) or optical dispensary as described in subdivisions (c)(2)(B)(i) and/or (ii) of this section, or who employs others to do the same, shall include his or her full name, displayed in a prominent fashion, on or near the entrance of the office or optical dispensary and in any written advertisement concerning such operation so that the public is properly informed as to the licensed optometrist responsible for the materials and services offered at such locations.

    2. (2) In addition, at each location, the full name of the licensed optometrist physically present and responsible for the provision of optical goods and/or services on each particular day shall be displayed in a prominent fashion, on or near, the entrance of the office or optical dispensary.

       1. (i) Renewal of the certificate of registration for a professional corporation.
    3. (1) In accordance with Arkansas Code § 4-29-210(a) – (d), the chief corporate officer is required to renew the certificate of registration no later than January 31 of each year.
    4. (2) The fee for renewal is ten dollars ($10.00).
18. (j) Failure to comply with any of the requirements contained in this section shall be grounds for suspension or revocation of the practitioner’s license to practice and/or fines.

Codification Notes: “DPA” means diagnostic pharmaceutical agent. "TPA" means therapeutic pharmaceutical agent.