Title of Regulation: 18VAC105-20. Regulations Governing the Practice of Optometry (amending 18VAC105-20-70).

Statutory Authority: §§ 54.1-2400 and 54.1-3223 of the Code of Virginia.

Effective Date: March 17, 2010.

Agency Contact: Leslie L. Knachel, Executive Director, Board of Optometry, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4508, FAX (804) 527-4466, or email leslie.knachel@dhp.virginia.gov.

Summary:

These amendments (i) require that in order to maintain approval for continuing education (CE) courses, providers or sponsors not only must provide a certificate of attendance showing the date, location, presenter or lecturer, content hours of the course, and contact information of the provider/sponsor for verification, but must also maintain documentation about the course and attendance for at least three years following its completion; (ii) require that requests for an extension or waiver for the fulfillment of CE hours must be received by the Continuing Education Committee prior to December 31 of each year; (iii) require that optometrists who are certified in the use of therapeutic pharmaceutical agents have at least two hours of CE "directly related to the treatment of the human eye and its adnexa with pharmaceutical agents" and (iv) specify that a licensee who falsifies CE compliance or fails to comply with CE requirements may be subject to disciplinary action by the board. Changes to the regulation since publication of the proposed regulation include: (a) reinserting the Council on Optometric Practitioner Education and the Accreditation Council for Continuing Medical Education into the list of approved providers in subsection G and deleting proposed subsection H referencing these councils; (b) deleting Category 2 continuing medical education as approved CE for optometric licensure renewal; and (c) changing "independent" to "designated" to describe the monitor for verification of licensee attendance at a CE course.

Summary of Public Comments and Agency's Response: A summary of comments made by the public and the agency's response may be obtained from the promulgating agency or viewed at the office of the Registrar of Regulations.

18VAC105-20-70. Requirements for continuing education.

A. Each license renewal shall be conditioned upon submission of evidence to the board of 16 hours of continuing education taken by the applicant during the previous license period.

1. Fourteen of the 16 hours shall pertain directly to the care of the patient. The 16 hours may include up to two hours of recordkeeping for patient care and up to two hours of training in cardiopulmonary resuscitation (CPR).

2. For optometrists who are certified in the use of therapeutic pharmaceutical agents, at least two of the required continuing education hours shall be directly related to the prescribing and administration of such drugs treatment of the human eye and its adnexa with pharmaceutical agents.

3. Courses that are solely designed for which the primary purpose is to promote the sale of specific instruments or products and courses offering instruction on augmenting income are excluded and will not receive credit by the board.

B. Each licensee shall attest to fulfillment of continuing education hours on the required annual renewal form. All continuing education shall be completed prior to December 31 unless an extension or waiver has been granted by the Continuing Education Committee. A request for an extension or waiver shall be received prior to December 31 of each year.

C. All continuing education courses shall be offered by an approved sponsor [ or accrediting body ] listed in subsection G [ or accredited as provided in subsection H ] of this section. Courses that are not approved by a board-recognized sponsor in advance shall not be accepted for continuing education credit. For those courses that have a post-test requirement, credit will only be given if the optometrist receives a passing grade as indicated on the certificate.

D. Licensees shall maintain continuing education documentation for a period of not less than three years. A random audit of licensees may be conducted by the board which will require that the licensee provide evidence substantiating participation in required continuing education courses within 14 days of the renewal date.

E. Documentation of hours shall clearly indicate the name of the continuing education provider and its affiliation with an approved sponsor [ or accrediting body ] as listed in subsection G [ or accredited as provided in subsection H ] of this section. Documents that do not have the required information shall not be accepted by the board for determining compliance. Correspondence courses shall be credited according to the date on which the post-test was graded as indicated on the continuing education certificate.

F. A licensee shall be exempt from the continuing competency requirements for the first renewal following the date of initial licensure by examination in Virginia.

G. An approved continuing education course or program, whether offered by correspondence, electronically or in person, shall be sponsored [ , accredited, ] or approved by one of the following:

1. The American Optometric Association and its constituent organizations.

2. Regional optometric organizations.

3. State optometric associations and their affiliate local societies.

4. Accredited colleges and universities providing optometric or medical courses.

5. The American Academy of Optometry and its affiliate organizations.

6. The American Academy of Ophthalmology and its affiliate organizations.

7. The Virginia Academy of Optometry.

[ 8. Council on Optometric Practitioner Education (C.O.P.E.). ]

[ 9. 8. ] State or federal governmental agencies.

[ 10. 9. ] College of Optometrists in Vision Development.

[ 11. The Accreditation Council for Continuing Medical Education of the American Medical Association for Category 1 ] or Category 2 [ credit. ]

[ 10. 12. ] Providers of training in cardiopulmonary resuscitation (CPR).

[ 11. 13. ] Optometric Extension Program.

[ H. Courses accredited by the Council on Optometric Practitioner Education (COPE) or the Accreditation Council for Continuing Medical Education (ACCME) of the American Medical Association for Category 1 or Category 2 credit shall be approved.

I. H. ] In order to maintain approval for continuing education courses, providers or sponsors shall:

1. Provide a certificate of attendance that shows the date, location, presenter or lecturer, content hours of the course and contact information of the provider/sponsor for verification. The certificate of attendance shall be based on verification by the sponsor of the attendee’s presence throughout the course, either provided by a post-test or by [ an independent a designated ] monitor.

2. Maintain documentation about the course and attendance for at least three years following its completion.

[ J. I. ] Falsifying the attestation of compliance with continuing education on a renewal form or failure to comply with continuing education requirements may subject a licensee to disciplinary action by the board, consistent with § 54.1-3215 of the Code of Virginia.