4 CCR 728-1
1.00 RENTAL OF SPACE.
If an optometrist rents space in which to practice optometry, the following requirements must be met:
a. The practice must be owned by the optometrist and in every phase to be under his exclusive control.
b. The prescription files and all patients’ records must be in the sole property of the optometrist and free from any involvement with any unlicensed person.
c. The leased space must be definite and apart from space occupied by other occupants of the premises, and devoted exclusively to the practice of optometry.
d. No phase of the optometrist’s practice shall be conducted as a department, branch or concession of any commercial or mercantile establishment, and there shall be no legend or signs such as “Optical Department,” “Optometric Department,” or others of similar import, displayed on any part of the premises or in any advertising.
e. The optometrist shall not permit his/her name or his/her practice to be directly or indirectly used by the commercial or mercantile establishment in any advertising, displays, signs, or in any other manner.
f. All credit accounts for patients shall be established initially with the optometrist and not the credit department of the commercial or mercantile establishment, but this shall not preclude the assigning or discounting of accounts receivable.
g. Listings in telephone directories and telephone service and number shall be in the name of the licensed optometrist or in the name under which he/she practices and not under the name of any lesser, or any commercial or mercantile establishment.
2.00 EXAMINATION.
Colorado requires the national exam, the state jurisprudence exam and any other area of contemporary optometry the Board believes appropriate to insure public protection.
3.00 DISPLAY OF LICENSE.
For the purpose of §12-40-115, CRS, “office” shall be any area where the license is conspicuously displayed and where the license can be readily observed by the patient. The reason for this regulation is to provide that the certificate be displayed in a portion of the office where optometry is actually practiced.
4.00 DISPLAY OF TITLE.
Only optometrists licensed and practicing optometry in Colorado may display their name and title on the entrance to the office where they practice.
5.00 USE OF TITLE.
An optometrist may use the title “Doctor,” or “Dr.,” before his/her name, but only if his/her name is followed by the word, “Optometrist,” or he/she may place the letters, “OD” behind his/her name.
6.00 ADVERTISING.
An optometrist shall not use, participate in, or permit the use of any form of public communications having reference, directly or indirectly, to his or her professional services which contains a false, fraudulent, misleading, deceptive, or unfair statement or claim. A false, fraudulent, misleading, deceptive, or unfair statement or claim includes, but is not limited to:
a. Contains a misrepresentation of fact; or b. Is likely to mislead or deceive because it fails to make full disclosure of relevant facts; or c. Represents that professional services can or will be completely performed for a stated fee when this is not the case, or makes representations with respect to fees for professional services that do not disclose all variables affecting the fees that will, in fact, be charged; or d. Contains other representations or implications that in reasonable probability will cause an ordinary prudent person to misunderstand or be deceived.
7.00 ASSUMPTION OF PRACTICE OF A RETIRED OR DECEASED OPTOMETRIST (REPEALED).
8.00 RENEWALS AND REINSTATEMENT.
8.01 Renewals.
a. The Board may prescribe renewal requirements, including compliance with the required continuing education.
b. Pursuant to 24-34-102(8)(c), a licensee shall have a sixty-day grace period after the expiration of his or her license to renew such license without the imposition of a disciplinary sanction for practicing on an expired license.
c. Pursuant to 24-79.5-102(3), a delinquency fee shall be charged for late renewals.
d. A licensee who does not renew his or her license within the sixty-day grace period shall be treated as having an expired license and shall be ineligible to practice until such license is reinstated. If the licensee practiced with an expired license, the Board may impose disciplinary actions.
8.02 Reinstatements
a. An expired license may be reinstated by submitting a reinstatement application and paying a reinstatement fee.
b. If the license has expired for more than two years, the licensee shall meet the following requirements:
9.00 RELEASE OF A CONTACT LENS PRESCRIPTION TO THE PATIENT.
9.01 The optometrist shall release to the patient, upon written request, a valid written contact lens prescription at the time the optometrist would otherwise replace a contact lens without any additional preliminary examination or fitting. A written request is a written authorization, signed and dated, by the patient which requests a contact lens prescription.
9.02 A valid written contact lens prescription is an order by an optometrist to supply contact lens medical devices to a patient. It shall contain at least all of the following information:
9.03 References to contact lenses within the statutes and rules include, but are not limited to, Plano contact lenses worn for the sole purpose of their cosmetic or decorative colors.
10.00 LICENSURE BY EXAMINATION.
a. Colorado requires expanded scope of practice certification by all optometrists seeking licensure. This includes diagnostic certification, therapeutic certification and advanced ocular training for the treatment of glaucoma and uveitis. These certifications must be gained either through an optometric graduate degree program, or by additional educational training to meet certification standards. The advanced therapeutic certification requires evidence of training for glaucoma and anterior uveitis.
b. The education for such certification is as follows:
Colorado optometrists who currently hold therapeutic certification must provide the Board with proof of the coursework as set forth in subsection b(3) in order to receive the advanced therapeutic certification. Successful completion of the advanced ocular treatment course offered in April of 1994 by the Colorado Optometrists Association satisfies 44 hours of the requirement; an additional 16 hours of glaucoma and anterior uveitis course curriculum is still required to meet the requirements. Colorado optometrists who do not hold therapeutic certification must meet the requirements in subsections b(1) and (2) above, and also provide evidence of successful completion of 16 additional hours of glaucoma and anterior uveitis course curriculum to the Board prior to certification.
11.00 ENDORSEMENT.
A licensed optometrist may endorse his/her license into Colorado if he meets the following standards:
a. He has a current license to practice optometry in another state or jurisdiction that is in good standing; and b. He has met all requirements for advanced therapeutic certification as set forth in rule 10, either through an educational degree program or other study approved by the Board as substantially equivalent; and c. He has been actively engaged in the practice of optometry for 24 months immediately preceding the application for licensure by Endorsement.
12.00 NATIONAL BOARD SCORES AND RETENTION.
All examination results forwarded to the Board by the National Board of Examiners shall be kept on file for a period of two (2) years. After two (2) years, any applicant seeking a license in Colorado shall AGAIN have the examination results forwarded to the Board.
13.00 EXPANDED SCOPE OF PRACTICE CERTIFICATION (REPEALED).
13.1 Optometrists currently licensed in Colorado. Repealed.
13.2 Optometrists applying for licensure by Examination or Endorsement . Repealed.
13.3 The glaucoma/anterior uveitis education. Repealed.
13.4 Consultation Documentation. Repealed.