Mississippi State Board of Optometry

Rules and Regulations

Title 30: Professions and Occupations

Part 2901: Mississippi State Board of Optometry Rules and Regulations

Chapter 1. Examinations.

1.1 Definitions.

1.2 Applications.

1.3 National Board Examination.

1.4 Examination Administration

1.5 Re-examinations.

1.6 Examination Review Procedure.

1.7 Reciprocity.

Chapter 2. Administration.

2.1 Open Records.

2.2 Public Participation in meetings.

2.3 Organization

2.4 Board Operations

2.5 Oral Proceedings

2.6 Declaratory Proceedings

Chapter 3. Fees.

3.1 Licensure and Renewal.

3.2 Failure to Renew, Retires Optometrist Renewal.

Chapter 4. Continuing Education.

4.1 General Requirements.

4.2 Therapeutic Requirements.

Chapter 5. Complaint Procedure.

5.1 Filing, Investigation and Disposition.

5.2 Disciplinary Proceedings.

5.3 Probation.

5.4 Reinstatement.

5.5 Administrative Fines and Penalties.

Chapter 6. Requirements for prescriptions.

6.1 Contact Lens Prescriptions

6.2 Spectacle Prescriptions

Chapter 7. Delegation of professional responsibility to laymen prohibited.

Chapter 8. Professional responsibility.

8.1 Optometrists shall remain free of control.

8.2 Lease of premises from mercantile establishment.

8.3 Relationships of optometrists and therapeutic optometrists with

dispensing opticians.

8.4 Ownership of records.

8.5 Other Provisions.

8.6 Confidentiality.

8.7 Standards for doctor/patient relationship established, duty to report

lawsuits and claims to the board.

8.8 Specific guarantee prohibited.

8.9 Proper use of the title Doctor and O.D. degree designation.

8.10 Restriction on commissions and secret divisions of fee to secure

patients.

8.11 Signs on office doors, windows and buildings.

8.12 Incorporating under professional corporation laws.

8.13 Dissemination of optometric consumer information. Standards,

restrictions and required disclosures.

8.14 Effect of failure to follow established rules and laws related to

practice of optometry.

8.15 Notice of address and telephone number changes required to be given

to State Board.

Chapter 9. Standards.

9.1 Adequate Examination.

9.2 Standards for office.

9.3 Designation of Main and Branch office location for board records.

9.4 Registration of main and branch offices.

9.5 Timely Notice to Board of opening of office or branch office, inspection of

newly opened office or branch office.

Chapter 10. Current Procedural Terminology (CPT) Codes.

Mississippi State Board of Optometry

Rules and Regulations

Title 30: Professions and Occupations

Part 2901: Mississippi State Board of Optometry Rules and Regulations

Part 2901 Chapter 1: Examinations

Rule 1.1 Definitions.

The following words and terms, when used in these Rules and Regulations, shall have

the following meanings, unless the context clearly indicates otherwise.

(a)Open Records Act – Mississippi Public Record Act of 1983.

(b)NBEO – National Board of Examiners in Optometry

(c)Counsel – Attorney General’s Office

(d)Executive Director – The person or entity hired to provide management services for

the Board.

(e)Diagnostic Optometrist – An optometrist certified to use diagnostic

pharmaceutical agents.

Therapeutic Optometrist – An optometrist certified to use therapeutic

pharmaceutical agents.

Source: Miss Code Ann. § 73-19-1; §73-19-101; §73-19-151

Rule 1.2 Applications.

(a) The applicant shall make application to the Executive Director, on forms to be

furnished by the board.

(b) Such application shall contain references as to good moral character from at least two

optometrists licensed by the State of Mississippi and who are actively engaged in the

practice of optometry, and in good standing. In the event this is not possible,

affidavits from two persons not related to the applicant or to each other, who have

known the applicant for at least five years, attesting to the good moral character of

the applicant, will be acceptable.

Examiners of Optometry examination.

(d) Such application shall be subscribed and sworn to by the applicant before any officer

legally qualified to administer oaths.

(e) Any person furnishing false information in such application shall be denied the right

to take the examination, or if the applicant has been licensed before it is made known

to the board of the falseness of such information, such license shall be subject to

suspension, revocation, or cancellation.

(f) Certified copies of the transcript of record from preoptometry and optometry colleges

attended by the applicant shall accompany each application, which certified transcript

of record shall show the total number of hours of attendance, the subjects studied, the

grades or marks given, and the date of graduation of the applicant. All institutions

accredited by a regional or professional accreditation organization that is recognized

or approved by the Council on Postsecondary Accreditation of the United States

Department of Education or its successor, are hereby approved by the board.

(g) The completed application and examination fee must be filed with the Executive

Director not later than 30 days prior to the date of the examination. In the event an

applicant intends to retake the examination, the fee therefore and the notice to this

intention to retake said examination must also be in the Executive Director’s office

30 days prior to the date of the examination.

(h) The fee for taking the initial examination shall be $200 for Mississippi residents and

$300 for non-residents.

(i) No application fee for examination will be returned to any applicant after the

application has been approved by the board, because of the decision of the applicant

not to stand for the examination or failure for any reason to take the examination.

Source: Miss Code Ann. § 73-19-17

Rule 1.3 National Board Examination.

(a) The board determines that the written examination by the National Board of

Examiners in Optometry (NBEO) complies in all material respects with the

examination requirements of the Act.

(b) Each applicant shall submit a true and correct copy of the applicant’s score report to

the Executive Director, and such other evidence of having achieved a passing grade

on each Part of the NBEO examination as the Executive Director may determine.

Source: Miss Code Ann. § 73-19-17; §73-19-153

Rule 1.4 Examination Administration.

(a) The examination administered by the board, shall consist of two sections, one of

which shall be the Pharmacology examination, and one shall be a written

jurisprudence examination. The passing grade shall be 70.

(b) Examination for a license to practice optometry in this state shall be conducted in the

English language in writing and by such other means as the board shall determine

adequate to ascertain the qualifications of the applicant. Each applicant shall be

given due notice of the date and place of examination.

by the chairman shall prepare a tentative schedule showing the time allotted to each

examination and the order in which each will be given, said schedule to meet the

approval of a majority of the members of the board. The tentative schedule of

examination, and any changes made therein as the examination proceeds, shall be

made known to the applicants during each day of the examination.

(d) Applicants shall not communicate any words or signs with another applicant while

the examination is in progress without the permission of the presiding examiner, nor

leave the examination room except when so permitted by the presiding examiner.

Violations of this rule shall subject the offender to expulsion.

(e) One member of the board, or delegated proctor, shall at all times be in the exam

room while the examination is in progress and no persons except applicants, board

members, employees of the board of persons having the express permission of the

board shall be permitted in the examination rooms.

(f) At the beginning of an examination each applicant shall be assigned a number.

Applicants shall use the number assigned to them for purposes of identification

throughout the examination, and no applicant name or any other identification mark

other than the assigned number shall be entered on any paper containing answers to

the questions of an examination. Members of the board shall in every way endeavor

to avoid identification of an applicant prior to the awarding of the general averages.

(g) When examination papers are delivered to the presiding examiner, they become the

property of the board and shall not be returned to the applicant. Each board member

shall be responsible for his own examination papers until after final grading and

awarding of general averages. All test papers must, at this point, be retained in the

board office to be preserved for a period of 30 days after final grading in order to

allow an unsuccessful candidate the opportunity to request an analysis of such

person’s performance, which request must be made in writing within such 30-day

period.

Source: Miss Code Ann. § 73-19-9

Rule 1.5 Re-examinations.

(a) Any applicant taking the board examination for the second time who has failed to

pass one or more of the tests will be required to retake all tests which were failed.

(b) If a candidate has not passed the board after a second examination, the candidate will

not be permitted to retake the examination until he has completed a further course of

study outlined by the board and paid the examination fee therefor.

regardless of the number of previous examinations taken if the examination is not

taken within two years (two consecutive examinations as given by the board)

following the last failure.

(d) In case of failure of any examination, after the expiration of six (6) months, and

within two (2) years, the applicant shall have the privilege of retaking the

examination without payment of an additional fee. (73-19-17)

Source: Miss Code Ann. §73-19-17; §73-19-19

Rule 1.6 Examination review procedure:

(a) Each individual who takes the examination for licensure as an optometrist and does

not pass the examination shall be provided with copies of his/her examination scores

upon notification or his/her failure of the examination. In addition, the failing

candidate shall be provided with a copy of this regulation so that she/he will be fully

advised of the review procedure.

(b) If the failing candidate desires to see his/her failing criteria; she/he may make a

written request for such information from the board. The board will see to it that

contents of the examination are made available for the candidate’s review for a period

of up to 2 hours. The failing candidate will not be permitted to copy or reproduce

anything, however, as the integrity of the examination must be preserved.

results, she/he must file a written request for review within ninety (90) days of the

date of the notice of the failure of examination. The request must be in writing, sent

by certified mail return receipt requested, and must be received in the office of the

board on or before five (5) o’clock p.m. on the ninetieth (90) day.

(d) The written request for review by the board must state with sufficient clarity the

reasons why the applicant feels the results of the examination should be changed. If

the board determines that the request does not adequately state the reasons for review,

the board may either dismiss the review or request additional information from the

candidate, and the board may extend the deadline mentioned above in order to permit

elaboration by the candidate.

(e) Upon receipt of the written request for review, the board may conduct a review of the

examination results and the written request for review in a closed session. This

closed session review by the board may be conducted at a time and place to be

determined by the board in its complete discretion.

(f) If the candidate requests, an informal conference will be scheduled by the board. The

informal conference may occur in closed session at a regularly scheduled board

meeting and may be attended by the individual board members attending the meeting,

the board’s legal counsel or a representative or the Attorney General’s office, and the

candidate. The candidate may choose to be represented by counsel, however, counsel

for the candidate will not be permitted to engage in discussions with the board.

Counsel for the candidate may advise the candidate, but any questions propounded by

the board to the candidate are to be answered by the candidate. The candidate will be

afforded the opportunity to discuss his or her examination results with the board, but

the board will not be required to answer questions propounded by the candidate.

(g) The burden will be on the candidate to show substantial cause why the results should

be changed. The board will consider the following to be adequate reasons for

modification of examination results:

(1) A showing of significant procedural error in the examination process

(2) Evidence of bias, prejudice, or discrimination in the examination process

(3) Clearly erroneous grading

(4) Other significant errors which result in substantial disadvantage to the

candidate

Source: Miss Code Ann § 73-19-9; §73-19-153

Rule 1.7 The Mississippi State Board of Optometry will consider any licensed optometrist

applying for licensure by reciprocity on a case-by-case basis as provided for in Section

73-19-25, Miss. Code Ann. (1972) as amended. The criteria for a license under this

provision will include a determination of the following factors:

(a) Whether or not the person has passed or failed a written examination in another

state;

(b) Whether the other state board similarly accredits the holder of a license issued by

the Mississippi State Board;

(d) Whether the applicant causes the other state board to file a true and attested copy

of the other state license (certified by the president or secretary of that State Board

issuing the license); the license must be mailed directly from the other state

licensing board;

(e) Whether the applicant establishes that the standard requirements adopted and

enforced by the other state are equal to that provided by this state;

(f) Whether or not the applicant has previously failed an examination administered

by the Mississippi State Board.

(g) Whether or not the applicant has taken and passed the examination on Mississippi

Law and Rules and Regulations.

Source: Miss Code Ann. §73-19-25

Part 2901 Chapter 2. Administration.

Rule 2.1 Open Records.

The following regulation is enacted for the purpose of providing reasonable written

procedures concerning the cost, time, place, and method of access, under the provisions

of the Mississippi Public Record Act of 1983 (Open Records Act). It is not intended that

these procedures shall apply to any public record or other document, which is exempt

from the provisions of said Act or not covered by the provisions of the Open Records

Act.

(a). Any individual seeking to inspect, copy or mechanically reproduce or obtain a

reproduction of any public record of the board should make a written request, signed by

themselves to be mailed to the Executive Director, Mississippi State Board of Optometry,

Post Office Box 12370, Jackson, MS 39236.

(b). The written request must be typed or clearly hand printed on a letter size piece of

paper and shall specify in detail the public record sought. The request should include, if

possible, a description of the type of record, dates, title of a publication, and other

information which may aid in locating the record.

(c). The written request must specify what the applicant proposes to do with the record,

i.e., inspect, copy, etc. state the date and time for the proposed activity; state the number

of persons scheduled to participate; and shall provide the name, address, and home and

office telephone number of the applicant.

(d). The Executive Director, upon receipt of any such request, shall review same and

determine whether the records sought are exempt under the Mississippi Public Records

Act, and shall either produce records or access to records or deny access to or production

of the records sought within seven (7) working days from the date of the receipt of the

request for the production of the record. If the Board is unable to produce a public record

by the seventh working day after the request is made, the Board will provide a written

explanation to the person making the request stating that the record requested will be

produced and specifying with particularity why the records cannot be produced within the

seven-day period. Unless there is a mutual agreement of the parties, in no event shall the

date for the Board’s production of the request records be any later than fourteen (14)

working days from the receipt of the original request.

(e.) All inspection, copying or mechanical reproduction shall be done in the offices of the

Board or such other reasonable place within the State of Mississippi as may be designated

by the Board. It shall be the duty of the applicant to contact the Executive Director by

phone before noon of the first working day preceding the proposed date set out in the

application to determine if same is acceptable and, if not, what date and/or time will be

substituted.

(f). Where possible, nonexempt material will be separated from exempt material and only

the exempt material will be withheld.

(g). If the Executive Director determines that the records requested are exempt or

privileged under the law, she shall deny the request and shall send the person making the

request a statement of the specific exemption relied upon by the Board for the denial.

Such denials shall be kept on file for inspection by any person for three (3) years. This

file shall be made available for inspection or copying or both during regular office hours

to any person upon written request.

(h) The Executive Director is authorized to calculate the estimated cost of searching,

obtaining from storage, reviewing, shipping and/or duplicating records and to require

payment in advance of such estimated charges prior to complying with the request.

There shall be a charge of $0.50 per page for each copy. Copies printed on both sides

(front & back) shall be considered as two pages for copy charge purposes. Mailing cost

shall be calculated at the applicable rate for each such mailing. If request involves notice

to be given to a third party, the cost of mailing such notice via certified mail return

receipt requested shall be charged to the person requesting such public records. In the

event the actual cost of such activity exceeds the estimate, the Executive Director is

authorized to withhold mailing or delivery of said documents or to delay the inspection

until the difference is paid.

(i). There shall be no charge for inspection of the current Board’s records maintained at

the Board office. Cost of obtaining records from any state storage facilities and the

search for it shall be charged to the applicant.

(j). The Executive Director may waive any or all of the foregoing requirements related to

written notice, time, and method of access prepayment of expenses whenever the

determination is made that such waiver would be in the public interest.

Source: Miss Code Ann §25-41-3

Rule 2.2 Public Participation in Meetings.

A scheduled time shall be established on each agenda to allow the opportunity for public

comment on any issue under the jurisdiction of the board. The time allowed an individual

spokesperson may be limited at the discretion of the chair.

Source: Miss Code Ann. §25-41-3

Rule 2.3 Organization

(a). The Board shall consist of five (5) members appointed by the Governor, with advice

and consent of the Senate.

(b). Each member shall be appointed from a list submitted by The Mississippi Optometric

Association consisting of its three (3) members, or by appointment by any qualified

member of the association, all of whom must be residents of Mississippi.

(c). Initial appointments to the Board will be for staggered terms. All subsequent

appointments to the Board shall be appointed by the Governor for the terms of five (5)

years from the expiration date of the previous term. No person shall be appointed for

more than two (2) consecutive terms. Each member shall remain in office after the

expiration of his term until his successor shall be duly appointed and qualified.

(d). Board members shall receive the per diem authorized under Section 25-3-69 of

the Miss. Code Ann. (1972) as amended for each day actually discharging his

official duties, and shall receive reimbursement for mileage and necessary

expense incurred, as provided in Section 25-3-41 of the Miss. Code Ann. (1972)

as amended.

(e). No person so appointed shall be a stockholder or a member of the faculty or the board

of trustees of any school of optometry.

(f). The Board shall organize by the election from its members of a president and a

secretary, who shall hold their respective offices for one (1) year.

(g). A majority of the board shall constitute a quorum, but a less number by adjourn from

time to time.

Source: Miss Code Ann. § 73-19-7

Rule 2.4 Board Operations

(a). The Board shall make such rules and regulation as may be necessary to carry out the

provisions of the statute; provided, however, that it shall require the concurrence of a

majority of the member of the board to grant or revoke a license.

(b). The Board shall hold meetings for examination, beginning on the second week of

January and July of each year, and additional meetings at such times and places as the

board shall determine, said additional meetings not to exceed ten (10) meeting days

annually, but the July meeting shall be held in the City of Jackson.

(c). Meeting dates, times, and locations are published in the Board’s minutes.

(d). An organizational meeting shall be held in January of even numbered years for

the purpose of electing officers.

Source: Miss Code Ann. § 73-19-9

Rule 2.5 Oral Proceeding.

(a). The Board will conduct an oral proceeding on a proposed rule or amendment if

requested by a political subdivision, an agency or ten (10) persons in writing within

twenty (20) days after the filing of the notice of the proposed rule.

(b). Each request must be printed, typewritten, or legibly handwritten. Each request must

be submitted on standard business letter-sized paper (8-1/2 inches by 11 inches).

Requests may be in the form of a letter addressed to the Board and signed by the

requestor(s).

(c). The date, time, and place of all oral proceedings shall be filed with the Secretary of

State’s office and mailed to each requestor. The oral proceedings will be scheduled no

earlier than twenty (20) days from the filing of this information with the Secretary of

State.

(d). The Chairman or his designee, who is familiar with the substance of the proposed

rule, shall preside at the oral proceeding on a proposed rule.

(e). Public Presentations and Participation

(1) At an oral proceeding on a proposed rule, persons may make oral statements

and make documentary and physical submissions, which may include data, views,

comments or arguments concerning the proposed rule.

(2) Persons wishing to make oral presentations at such a proceeding shall notify

the Board at least one (1) business day prior to the proceeding and indicate the

general subject of their presentations. The presiding officer, in his or her

discretion may allow individuals to participate that have not previously contacted

the Board.

(3) At the proceeding, those who participate shall indicate their names and

addresses, identify any persons or organizations they may represent, and provide

any other information relating to their participation deemed appropriate by the

presiding officer.

(4) The presiding officer may place time limitations on individual oral

presentations when necessary to ensure the orderly and expeditious conduct of the

oral proceeding. To encourage joint oral presentations and avoid repetition,

additional time may be provided for persons whose presentations represent the

views of other individuals as well as their own views.

(5) Persons making oral presentations are encouraged to avoid restating matters

that have already been stated or matters that have already been submitted in

writing. Written materials may, however, be submitted at the oral proceedings.

(6) There shall be no interruption of a participant who has been given the floor by

the presiding officer, except that the presiding officer may in his or her discretion

interrupt or end the participant’s time where the orderly conduct of the

proceeding so requires.

(f). Conduct of Oral Proceeding

(1) Presiding Officer. The presiding officer shall have authority to conduct the

proceeding in his or her discretion for the orderly conduct of the proceedings.

The presiding officer shall:

(a) call the proceeding to order;

(b) give a brief synopsis of the proposed rule, a statement of the statutory

authority for the proposed rule, and the reasons provided by the Board for

the proposed rule;

on or against the proposed rule;

(d) allow for rebuttal statements following all participant’s comments;

(e) adjourn the proceeding.

(2) Questions. The presiding officer where time permits and to facilitate the

exchange of information, may open the floor to questions or general discussion.

The presiding officer may question participants and permit the questioning of

participants by other participants about any matters relating to that rule-making

proceeding, including any prior written submissions made by those participants in

that proceeding, but no participant shall be required to answer any questions.

(3) Physical and Documentary Submissions. Submissions presented by

participants in an oral proceeding shall be submitted to the presiding officer.

Such submissions become the property of the Board and are subject to the

Board’s public records request procedure.

(4) Recording. The Board may record oral proceedings by stenographic or

electronic means.

Source: Miss Code Ann. § 25-43-2.105 (Rev. 2006)

Rule 2.6 Declaratory Opinions

These rules set forth the Mississippi State Board of Optometry hereinafter “Board”, rules

governing the form and content of requests for declaratory opinions, and the Board’s procedures

regarding the requests as required by Mississippi Code 305. These rules are intended to

supplement and to be read in conjunction with the provisions of the Mississippi Administrative

Procedure Law, which contain additional information regarding the issuance of declaratory

opinions. In the event of any conflict between these rules and the Mississippi Administrative

Procedure Law, the latter shall govern:

(a) Any person with a substantial interest in the matter may request a declaratory opinion

from the Board by following the specified procedures. “Substantial interest in the subject

matter” means: an individual, business, group, or other entity that is directly affected by

the Board’s administration of the law within its primary jurisdiction. “Primary

jurisdiction of the Board” means the Board has a constitutional or statutory grant of

authority in the subject matter at issue.

(b) The Board will issue a declaratory opinion regarding the applicability to specified

facts of:

(1) a statute administered or enforceable by the Board, or

(2) a rule promulgated by the Board.

The Board will not issue a declaratory opinion regarding a statute or rule which is outside

the primary jurisdiction of the agency.

circumstances in which declaratory opinions will not be issued include, but are not

necessarily limited to:

(1) lack of clarity;

(2) there is pending or anticipated litigation, administrative action, or other

adjudication which may either answer the question presented by the request or

otherwise make and answer unnecessary;

(3) the statute or rule on which a declaratory opinion is sought is clear and not in

need of interpretation to answer the question presented by the request;

(4) the facts presented in the request are not sufficient to answer the question

presented;

(5) the request fails to contain information by these rules or the requestor failed

to follow the procedure set forth in these rules;

(6) the request seeks to resolve issues which have become moot, or are abstract or

hypothetical such that the requestor is not substantially affected by the statutes or

rule on which a declaratory opinion is sought;

(7) no controversy exists concerning the issue as the requestor is not faced with

existing facts or those certain to arise which raise a question concerning the

application of the statute or rule;

(8) the question presented by the request concerns the legal validity of a statute or

rule;

(9) the request is not based upon facts calculated to aid in the planning of future

conduct but is, instead, based on past conduct in an effort to establish the effect of

that conduct;

(10) clear answer is determinable;

(11) the question presented by the request involves the application of a criminal

statute or a set of facts which may constitute a crime;

(12) the answer to the question presented would require the disclosure of

information which is privileged or otherwise protected by law from disclosure;

(13) the question is currently the subject of an Attorney General’s opinion request

which has been answered by an Attorney General’s opinion;

(14) a similar request is pending before this Board or any agency or a proceeding

is pending on the same subject matter before any agency, administrative or

judicial tribunal, or where such an opinion would constitute the unauthorized

practice of law;

(15) where issuance of a declaratory opinion may adversely affect the interest of

the State, the Board or any of their officers or employees in any litigation which is

pending or may reasonably be expected to arise;

(16) the question involves eligibility for a license, permit, certificate, or other

approval by the Board or some other agency, and there is a statutory or regulatory

application process by which eligibility for said license, permit, certificate, or

other approval would be determined.

(d). Each request must be printed or typewritten, or legibly handwritten. Each request

must be submitted on standard business letter-sized paper (8-1/2 inches by 11 inches).

Request may be in the form of a letter addressed to the Board.

(e). All requests must be mailed, delivered, or transmitted via facsimile to the Board.

The request shall clearly state that it is a request for a declaratory opinion. No oral

telephone requests or e-mail requests will be accepted.

(f) Each request must include the full name, telephone number, and , mailing address of

the requestor. All requests shall be signed by the person filing the request, who shall

attest that the request complies with the requirements set forth in these rules, including

but not limited to a full, complete, and accurate statement of relevant facts and that there

are no related proceedings pending before any other administrative or judicial tribunal.

(g). Each request shall contain the following:

(1). a clear and concise statement of all facts on which the opinion is requested;

(2) a citation to the statute or rule at issue;

(3) the question(s) sought to be answered in the opinion, stated clearly;

(4) a suggested proposed opinion from the requestor, stating the answers desired

by petitioner and a summary of the reasons in support of those answers;

(5) the identity of all other known persons involved in or impacted by the

described factual situation, including their relationship to the facts, name, mailing

address, and telephone number; and

(6) a statement to show that the person seeking the opinion has a substantial

interest in the subject matter.

(h). Within forty-five (45) days after the receipt of a request for a declaratory opinion

which complies with the requirements of these rules, the Board shall, in writing:

(1) issue a declaratory opinion regarding the specific statute or rule as applied to

the specific circumstances;

(2) decline to issue a declaratory opinion, stating the reason for its action; or

(3) agree to issue a declaratory opinion by a specific time but not later than ninety

(90) days after receipt of the written request.

The forty-five (45) day period shall begin on the first State of Mississippi

business day on or after the request is received by the Board, whichever is sooner.

(i). A declaratory opinion shall not become final until the expiration of sixty (60) days

after the issuance of the opinion. Prior to the expiration of sixty (60) days, the Board

may, in its discretion, withdraw or amend the declaratory opinion for any reason which is

not arbitrary or capricious. Reasons for withdrawing or amending an opinion include, but

are not limited to, a determination that the request failed to meet the requirements of

these rules or that the opinion issued contains a legal or factual error.

(j). The Board may give notice to any person, agency, or entity that a declaratory opinion

has been requested and may receive and consider data, facts, arguments, and opinions

from other persons, agencies or other entities other than the requestor.

(k). Declaratory opinions and requests for declaratory opinions shall be available for

public inspection and copying in accordance with the Public Records Act and the Board’s

public records request procedure. All declaratory opinions and request shall be indexed

by name and subject. Declaratory opinions and requests which contain information

which is confidential or exempt from disclosure under the Mississippi Public Records Act

or other laws shall be exempt from the requirements and shall remain confidential.

(l). The Board will not pursue any civil, criminal or administrative action against a person

who is issued a declaratory opinion from the Board and who, in good faith, follows the

direction of the opinion and acts in accordance therewith unless a court of competent

jurisdiction holds that the opinion is manifestly wrong. Any declaratory opinion rendered

by the Board shall be binding only on the Board and the person to whom the opinion is

issued. No declaratory opinion will be used as precedent for any transaction or

occurrence beyond that set forth by the requesting person.

Part 2901 Chapter 3. Fees.

Rule 3.1 Licensure and Renewal.

The following schedule of fees for examination, registration and renewal of

certificates is hereby established:

(a) $200.00 for an examination of an applicant who is a resident of Mississippi

(b) $300.00 for an examination of an applicant who is a non-resident of Mississippi

optometry. Said fee to be collected on an annual basis on or before January 1 for

application to the one-year period then beginning.

(d) Licensing fee via reciprocity Rule 1.7 will be prorated.

Source: Miss Code Ann. §73-19-21

Rule 3.2 Failure to Renew, Retired Optometrist Renewal.

In the case of failure to obtain continuing education hours or to neglect to pay the renewal

registration fee herein specified, the board may revoke any certificate granted and the holder

thereof may be reinstated by complying with the conditions specified in Section 73-19-21 of the

Mississippi Code of 1972 as amended and related Code sections. However, no certificate or

permit shall be revoked without giving 60 days notice to the delinquent, who, within such period,

shall have the right of renewal of such certificate on payment of a renewal fee of $325.00

together with a penalty of $15.00, provided, that retirement from practice for a period not

exceeding five (5) years shall not deprive the holder of a certificate of the right to renew his

certificate on the payment of all lapsed fees and meeting any applicable continuing education

requirements. An optometrist shall not be deemed retired unless he in good faith so advises the

board in writing prior to his certificate being revoked for failure to pay the fees required by law.

Retired individuals seeking to return to the active practice of optometry under this provision shall

pay a renewal fee based on $325.00 per year for the period of his retirement and shall not have

the benefit of the reduced fee for restricted practice provided in this rule but he may, upon

payment of the above provided fees, apply for a restricted certificate if he is otherwise qualified.

Source: Miss Code Ann. §73-19-21

Part 2901 Chapter 4. Continuing Education.

Rule 4.1 General Requirements.

(a) Each optometrist licensed shall take 20 hours of continuing education per calendar

year. Of these 20 hours, 16 must be either, approved by the Counsel on Optometric

Practitioner Education (COPE), must be taken at a National, Regional, or State

Conference or at a school of optometry/teaching institution. The calendar year is

considered to begin January 1 and run through December 31.

(b) The board accepts for continuing education credit all courses sponsored by any

board-accredited college or school of optometry and such other programs or courses

of other organizations as are approved by the board. The board will consider, among

other things in its discretion, the following criteria in approving courses:

(1) all subjects of education must be directly related to optometry;

(2) courses sponsored by or given by accredited optometry schools will be

granted automatic approval;

(3) courses meeting evaluation standards and receiving approval of the

Association of Regulatory Boards of Optometry (ARBO) will be granted

automatic approval;

(4) courses sponsored by optometric organizations may be given approval;

(5) courses sponsored by universities or accredited non-optometric schools may

be given approval if the subject matter is directly related to optometry;

(6) correspondence courses sponsored and graded by accredited optometry

schools may be given approval, with a maximum of four hours of continuing

education credit per calendar year per licensee;

(7) courses sponsored by individual providers may be approved but must supply

the board with a synopsis of the lecture material to be presented, as well as

resumes of the lecturers.

(8) The annual continuing education program of the Mississippi Optometric

Association. A detailed summary of the annual continuing education program

certified to by the Association’s President shall be filed with the board

Secretary no later than four (4) weeks prior to the meeting in which the course

is offered.

(9) Other meetings or seminars either within or without the State of Mississippi

that may be approved in advance by the board upon written request for

approval made to the board at least thirty (30) days prior to the meeting or

seminar. A copy of the program, names of speakers with qualifications,

subject matter covered by each speaker and class hours to be offered by each,

proof of attendance procedure and the proposed form of the signed attendance

certificates procedure and the proposed form of the signed attendance

certificates to be used; and the legal name, mailing and the street address and

telephone number of the sponsor of such program shall be included as part of

the written request and the request application must be signed by the sponsor

or a duly authorized officer of the sponsor. The board, in approving may

limit the credit hours allowed for any meeting, seminar, or subject under this

item.

In cases of extenuating circumstances, home study materials specified and

approved by the board. Such will be allowed only upon submission of

satisfactory evidence to the board of such circumstances and inability to

otherwise acquire the required number of study hours. Credit hours to be

allowed will be determined upon approval of such course of study.

satisfy the education requirements of this Rule.

(d) In regard to hours submitted under items (4), (7), (8), (9) and (10) above, a dated

certificate signed by the sponsor or by an authorized officer of the provider or

sponsor attesting to the optometrist’s actual physical presence during the hours for

which credit is requested shall be presented to the board prior to such hours being

used for meeting the education requirements of this Rule. In regard to item (10),

additional proof of attendance may be required by the board when such course of

study is approved. The State board may designate such of its members as it may,

from time to time, desire to serve as a screening committee to review and approve

applications for approval of proposals and all approvals shall be filed with the

Executive Director to be included in the minutes of the next meeting of the board.

The burden is upon the sponsor applicant to file sufficient supporting material to

show that the course proposed contains optometric educational material of a

sufficient quality and value to justify board approval and that such material will be

presented in a proper manner by qualified instructors.

(e) The board shall be notified in writing by the sponsor of any variance between the

course as submitted and as actually presented and shall be provided a statement as to

the reason for such variance. Any material variance from the course of study and

instructors as submitted and approved may result in rejection of credit for such

course.

(f) The board will grant one hour of education credit every year for CPR recertification.

(g) Approved courses must be available to all licensed optometrists at a fee considered

reasonable and nondiscriminatory.

(h) Summaries of the courses and resumes of those teaching must be submitted to the

board for approval or disapproval 60 days prior to the date the course is to take place.

(i) Written proof of attendance and completion of approved courses must be supplied by

the licensed optometrist to the board in conjunction with the renewal application for

an optometry license. Information such as the following will be required:

sponsoring organizations; location and dates; course names; instructors; names of

attendees; number of education hours completed; and any other information deemed

necessary by the board. Proof of attendance supplied by the sponsor should contain

at least one signature of the sponsor’s designee.

Source: Miss Code Ann.§ 73-19-153

Rule 4.2 Therapeutic Requirements

(a) All therapeutically certified optometrists are required to obtain twenty (20) hours of

continuing education (CE) each year for as long as they are in active practice. There

shall be no exemption for persons over the age of sixty-five (65). Ten (10) of these

hours shall consist of therapeutic subject matter.

Source: Miss Code Ann §73-19-153

Part 2901 Chapter 5. Complaint Procedure.

Rule 5.1. Filing, Investigation and Disposition.

The complaint procedure will be as follows:

(a) Filing complaints. Complaints shall be filed on the board’s complaint form.

The board shall adopt the following form as its official complaint form, which

shall be maintained at the board’s office for use at the request of any

complainant. At a minimum, all complaints shall contain information

necessary for the proper processing of the complaint by the board, including,

but not limited to:

(1) Complainant’s name, address and phone number

(2) Name, address and phone number of the optometrist, therapeutic

optometrist, or other person, firm or corporation, if known

(3) Date, time and place of occurrence of alleged violation, and

(4) Complete description of incident giving rise to the complaint.

(b) Complaint investigation and disposition.

(1) All Complaints received shall be sent to the Executive Director. The

board shall distinguish between categories of complaints as follows:

(a) consumer and patient complaints against optometrists and therapeutic

optometrists regarding alleged violation of the Mississippi Optometry

Act or duly promulgated rules or orders.

(b) alleged unauthorized practice of optometry or therapeutic optometry

by unlicensed individuals or by a licensee while a suspension order or

restrictive sanction by the board is in effect.

(d) alleged advertising violations by optometrists, therapeutic

optometrists, persons, firms or corporations and

(e) licensee complaints regarding violations of the Act resulting in

economic harm

(2) In the event of a dismissal the person filing the complaint and the accused

optometrist shall be given written notice of the board’s determination.

(1) The chair may appoint an investigator to consider complaints filed with

board.

(2) The Executive Director shall forward the complaint to the member in

charge of enforcement in the area of the complaint unless in the

judgement of the President, unusual circumstances exist such that it is

more appropriate that the complaint be under another member. The board

shall have the power to issue subpoenas and subpoenas duces tecum to

compel the attendance of witnesses and the production of books, records,

and documents to issue commissions to take depositions, to administer

oaths and to take testimony concerning all matters within the assigned

jurisdiction.

(3) On receipt of the complaint, the member shall determine:

(a) whether to recommend dismissal the matter and take no further action.

(b) whether to send a letter to the person charged reciting that a complaint

has been received and that while the investigating member cannot

determine or pass upon the merits of the complaint without conducting

further investigation that the subject of the complaint be asked to

review the complaint to ensure that the Act is being complied with,

and that if the allegations are true, to cease and desist from the alleged

violations or words to that effect

hearing;

(d) whether to forward to the board the member’s determination that there

is reasonable cause to believe the accused optometrist is guilty of

conduct which violates the board regulations or state laws, together

with a recommendation that proceedings be instituted to consider

cancellation, revocation, or suspension of a license or refusal to issue a

license;

(e) whether to forward to the board the member’s determination that some

person, firm or corporation may be practicing optometry without a

license or otherwise violating the provisions of the Act, along with the

member’s recommendation that the board notify the attorney general

or appropriate district attorney with accompanying request that

appropriate action be taken in accordance with law, and

(f) whether to forward to the Executive Director the member’s

determination of findings to subparagraph (3) for assessment of

administrative penalties.

(4) (a)In addition, the optometrist or therapeutic optometrist shall perform and

record keratometry testing.

(b)At a minimum, the optometrist or therapeutic optometrist must

schedule one follow-up visit for examination within 30 days of the contact

lens fitting, and must inform the patient on the initial visit regarding the

requirement of the follow-up care.

(c)The optometrist or therapeutic optometrist must observe proper hygiene

in the handling and dispensing of the contact lenses and in the conduct of

the examination. Proper hygiene includes sanitary office conditions,

running water in the office where contact lenses are dispensed, and proper

sterilization of diagnostic lenses and instruments.

(d)The optometrist or therapeutic optometrist, or staff members, must

instruct the patient in the proper care of lenses, including proper hygiene.

Source: Miss Code Ann. §73-19-33; §73-19-37

Rule 5.2 Disciplinary Proceedings.

(a) General Statement. In any contested case, opportunity shall be afforded to all parties

to respond and present evidence and argument on all issues involved. Unless

precluded by law, informal disposition may be made of any contested case by

stipulation, agreed settlement, consent order, default, or dismissal.

(b) Informal Disposition of Contested Case. Prior to the imposition of disciplinary

sanctions against a license, the licensee may be offered an opportunity to attend an

informal conference and show compliance with all requirements of law.

(1) Informal conferences shall be attended by an attorney employed by the board,

a board member and other representatives of the board as the President and

legal counsel may deem necessary for the proper conduct of the conference.

The licensee and/or the licensee’s authorized representative may attend the

informal conference and shall be provided an opportunity to be heard.

(2) In any case where charges are based upon information provided by a person

who filed a complaint with the board (complainant), the complainant may

attend the informal conference, and shall be provided with an opportunity to

be heard with regard to charges based upon the information provided.

Nothing herein requires a complainant to attend an informal conference.

(3) Informal conferences shall not be deemed to be meetings of the board and no

formal record of the proceedings at the conferences shall be made or

maintained.

(4) Any proposed order shall be presented to the board for its review. At the

conclusion of its review, the board shall approve, amend, or disapprove the

proposed order. Should the board approve the proposed order, the appropriate

notation shall be made in the minutes of the board and the proposed order

shall be entered as an official action of the board. Should the board amend

the proposed order, the Board Attorney shall contact the respondent to seek

concurrence. If the respondent does not concur, the provisions of the next

sentence shall apply. Should the board disapprove the proposed order, the

case shall be rescheduled for purposes of reaching an agreed order, or in the

alternative forwarded to the State Office of Administrative Hearings for

formal action.

informal conference, shall be referred for Hearing.

(1) Notice. The respondent shall be entitled to reasonable notice of not

less than 20 days. Notice shall include:

(a) a statement of the time and place of the hearing;

(b) a statement of the offense or offenses for which the licensee is

charged;

(2) Service of notice. The notice of hearing and a copy of the formal

complaint shall be served by mailing a copy thereof by certified mail,

postage prepaid to the respondent’s last known residence or business

address at least twenty (20) days prior to the hearing. Service on the

respondent shall be complete and effective if the document to be

served is sent by registered or certified mail to the respondent at the

address shown on the respondent’s annual renewal certificate.

(3) Filing of documents. All pleadings and motions relating to any

contested case pending before the board shall be filed at the board

office and shall be deemed filed only when actually received. Copies

of all pleadings and motions shall be served on board counsel.

(4) Motion for Continuance. Continuances may be granted by the board

President.

(5) Transcription. All proceedings shall be transcribed by a court

reporter. The agency may pay the cost of the transcript or assess the

cost to one or more parties.

Source: Miss Code Ann. §73-19-35;§73-19-41

(d) An individual may appeal the decision of the Board to the Chancery Court of the

county of residence of the licensee. The appeal shall be taken within thirty (30)

days after notice of action of the Board. See §73-19-45.

Source: Miss Code Ann. § 73-19-9; §73-19-35; §73-19-41; §73-19-45

Rule 5.3 Probation.

(a) The board shall have the right and may upon majority vote rule that an order denying

an application for license or any order canceling, suspending, or revoking any license

be probated so long as the probated practitioner conforms to such orders and rules as

the board may set out in the terms of the probation. The board, at the time of its

decision to probate the practitioner, shall set out the period of time which shall

constitute the probationary period; provided, however, that the board may at any time

while the practitioner remains on probation upon majority vote rescind the probation

and enforce the board’s original action denying, suspending, or revoking such license

for violation of the terms of the probation or for other good cause as the board in its

discretion may determine.

(b) The Executive Director shall maintain a chronological and alphabetical listing of

licensees who have had their license canceled, suspended, or revoked, and shall

monitor each consent order in respect to each license holder’s specific sanction. Any

noncompliance observed as a result of monitoring shall be referred to the board.

Source: Miss Code Ann. §73-19-43

Rule 5.4 Reinstatement.

Any practitioner whose license to practice has been suspended, revoked, or restricted may

apply to the Board within a year unless an order from the Board says otherwise. In

considering the reinstatement, the Board shall consider all factors it deems relevant,

including, but not limited to, payment of applicable fees, proof of rehabilitation, and

current passing scores on the Mississippi Rules & Regulations/Law examination. The

applicant must appear before the Board to apply for reinstatement. After consideration of

the proposal for decision, the board in its discretion may:

(a) deny reinstatement of a lapsed, revoked, or suspended license;

(b) reinstate a revoked or suspended license and probate the practitioner for a

specified period of time under specified conditions;

Source: Miss Code Ann.§73-29-9; §73-19-23

Rule 5.5 Administrative Fines and Penalties.

(a) In accordance with Section 73-19-43 of the Act, penalties may be assessed for

violations of the Act or rule or order of the board.

(b) The amount of the penalty shall include, but not be limited to:

(1) the seriousness of the violation, including nature, circumstances, extent and

gravity of any prohibited act, and hazard or potential hazard created to the

health, safety, or economic welfare of the public;

(2) the economic harm to property or the environment caused by the violation;

(3) the history of previous violations;

(4) the amount necessary to deter future violations;

(5) efforts to correct the violation; and

(6) any other matter that justice may require.

be imposed for each violation subject to the following limitations:

(1) imposition of an administrative penalty not to exceed the limits set forth in

Section 73-19-43 of the Act.

(2) Each day a violation continues or occurs is a separate violation for purposes

of imposing a penalty.

Source: Miss Code Ann. §73-19-23; § 73-19-43(c)

Part 2901 Chapter 6. Requirements for prescriptions.

Rule 6.1 Contact Lens Prescriptions

(a) No person, other than persons licensed or regulated by Section 73-19-61 shall sell,

dispense, or serve as a conduit for the sale or dispensing of contact lenses to the ultimate

user of such contact lenses in the state through the mail or any other means other than

direct in-person delivery, to such ultimate user by such person after having personally

ascertained by reliable means the identity of the deliveree.

(b) The written contact lens prescription of a licensed optometrist is the same as

mentioned in Section 73-19-61 of the Act shall include the name of the patient, the date

the prescription is written, and the expiration date of the prescription written in letter

form. The foregoing information is necessary to assist any party filling the prescription

in identifying the party for whom the prescription has been written and to ensure the

prescription is current.

the current original prescription signed by the licensed practitioner is required in hard

copy form.

(d) A contact lens prescription is valid for one (1) year. The Mississippi State Board of

Optometry does not require the release of contact lens prescriptions unless requested by

the patient.

(e) The prescribing doctor or the entity filling the prescription is required to arrange for

appropriate follow-up care within thirty (30) days.

(f) The written prescription for hard contact lenses may include in addition to the

foregoing, the following:

(1) Base curve

(2) Sphere power with cylinder and axis, as necessary

(3) Diameter

(4) Optical zone size

(5) Secondary curve-radius and width

(6) Lens size

(7) Material to be used

(8) Degree of Blend (light, medium, heavy)

(9) Center Thickness

(10) Color

(g) The written prescription for soft contact lens may include the following:

(1) Base curve

(2) Sphere power with cylinder and axis, as necessary

(3) Manufacturer’s name or Brand

(4) The prescribing doctor or the entity filling the prescription is responsible for

arranging appropriate follow-up care and any other information needed to

adequately fill the prescription.

(5) Diameter, when appropriate

Source: §73-19-61

Rule 6.2 Spectacle prescriptions

(a) The written spectacle prescription of a licensed optometrist shall include the name of

the patient, the date the prescription is written, and the expiration date of the

prescription.

(b) Spectacle prescriptions are defined as follows:

(1) sphere power

(2) cylinder and axis power, if necessary

(3) prism and base amount, if necessary

(4) bifocal power, if necessary

Source: Miss Code Ann.§73-19-61

Part 2901 Chapter 7. Delegation of professional responsibility to laymen prohibited.

Rule 7.1 Delegation prohibited

(a) No optometrist shall delegate authority to a lay person to perform any act requiring

the exercise of professional knowledge and judgment on any patient whose visual

welfare is the responsibility of the licensed optometrist.

(b) Non- licensed supportive personnel may not delegate diagnosis or treatment duties

under any circumstances.

allowed to perform any task or function which would require or give them access to

patient records or examination reports of any person without prior written

authorization of that patient. (This provision shall not be applicable to restrict access

to patient records of staff members who are paid through employee leasing plans.)

(d) The licensed practitioner shall be responsible for all delegated acts performed by

persons under his/her direct and general supervision.

Source: Miss Code Ann. §73-19-3; § 73-19-9

Part 2901 Chapter 8. Professional responsibility.

Rule 8.1. Optometrists shall remain free of control.

(a) The provisions of this section are adopted in order to protect the public in the

practice of optometry or therapeutic optometry, better enable members of the public

to fix professional responsibility, and further safeguard the doctor-patient

relationship.

No optometrist or therapeutic optometrist shall divide, share, split, or allocate, either

directly or indirectly, any fee for optometric or therapeutic optometric services or

materials with any lay person, firm or corporation, provided that this rule shall not

be interpreted to prevent an optometrist or therapeutic optometrist from paying an

employee in the regular course of employment, and provided further, that it shall be

construed as a violation of this rule for any optometrist or therapeutic optometrist to

lease space from an establishment, or to pay for franchise fees or other services, on a

percentage or gross receipts basis.

Source: Miss Code Ann.§ 73-19-3

Rule 8.2 Lease of premises from mercantile establishment.

(a) In order to safeguard the visual welfare of the public and the doctor-patient

relationship, fix professional responsibility, establish standards of professional

surroundings, more nearly secure to the patient the optometrist’s or therapeutic

optometrist’s undivided loyalty and service, and carry out the prohibitions of this

Rule against placing an optometric or therapeutic optometric license in the service or

at the disposal of unlicensed persons. No optometrist or therapeutically certified

optometrist shall conduct his profession in a room or part of a room in or on the

premises where commercial or mercantile establishment is the primary business being

conducted.

(b) The practice must be owned by a Mississippi-licensed optometrist or therapeutic

optometrist. Every phase of the practice and the leased premises shall be under the

exclusive control of a Mississippi-licensed optometrist or therapeutic optometrist.

property of the optometrist or therapeutic optometrist and free from involvement with

the mercantile establishment or any unlicensed person.

(d) The lease space shall be definite and apart from the space occupied by other

occupants of the premises. It shall be separated from space used by other occupants

of the premises by solid, opaque partitions or walls from floor to ceiling. Railings,

curtains, doors (locked or unlocked), and other similar arrangements are not sufficient

to comply with this requirement.

(e) The lease space shall have a patient’s entrance opening on a public street, hall, lobby,

corridor, or other public thoroughfare. The aisle of a mercantile establishment does

not comply with this requirement.

(f) No phase of the optometrist’s or therapeutic optometrist’s practice shall be conducted

as a department or concession of the mercantile establishment; and there shall be no

legends or signs such as “Optical Department, “ “Optometrical Department, “ or

others of similar import, displayed on any part of the premises or in any advertising.

(g) The optometrist or therapeutic optometrist shall not permit his name or his practice to

be directly or indirectly used in connection with the mercantile establishment in any

advertising, displays, signs, or in any other manner.

(h) All credit accounts for patients shall be established with the optometrist or therapeutic

optometrist and not the credit department of the mercantile establishment. However,

nothing in this subsection prevents the optometrist or therapeutic optometrist from

thereafter selling, transferring, or assigning any such account.

Source: Miss Code Ann. §73-19-3; § 73-19-9

Rule 8.3 Relationships of optometrists and therapeutic optometrists with dispensing

opticians.

(a) The purpose of this section is to insure that the practices of optometry and therapeutic

optometry shall be carried out in such a manner that they are completely and totally

separated from the business of any dispensing optician, with no control of one by the

other and no solicitation for one by the other, except as hereinafter set forth.

(b) If an optometrist or therapeutic optometrist occupies space for the practice of

optometry or therapeutic optometry in a building or premises in which any person,

firm, or corporation engages in the business of a dispensing optician, the space

occupied by the optometrist or therapeutic optometrist shall be separated from the

space occupied by the dispensing optician by solid partitions or walls from floor to

ceiling. The space occupied by the optometrist or therapeutic optometrist shall have a

patient’s entrance opening on a public street, hall, lobby, corridor, or other public

thoroughfare.

optician, own stock in a corporation engaged in the business of a dispensing optician,

or be a partner in a firm engaged in the business of a dispensing optician, but the

books, records, and accounts of the firm or corporation must be kept separate and

distinct from the books, records, and accounts of the practice of the optometrist or

therapeutic optometrist.

(d) An optometrist shall not allow a person, firm, or corporation engaged in the business

of a dispensing optician, other than a licensed optometrist, therapeutic optometrist, or

physician, to have, own, or acquire any interest in the practice, books, records, files,

equipment, or materials of a licensed optometrist or therapeutic optometrist, or have,

own, or acquire any interest in the premises or space occupied by a licensed

optometrist or therapeutic optometrist for the practice of optometry or therapeutic

optometry other than a lease for a specific term without retention of the present right

of occupancy on the part of the dispensing optician. In the event an optometrist,

therapeutic optometrist, or physician who is also engaged in the business of a

dispensing optician (whether as an individual, firm, or corporation) does own an

interest in the practice, books, records, files, equipment or materials of another

licensed optometrist or therapeutic optometrist, he shall maintain a completely

separate set of books, records, files, and accounts in connection therewith. Provided

however, this shall not require an optometrist practicing under his own name and

dispensing, repairing or duplicating lenses or frames in his own office as a part of his

practice to maintain separate records.

Source: Miss Code Ann.§ 73-19-3

Rule 8.4 Ownership of records.

(a) No optometrist shall permit ownership of his prescription files, patient records, and

business records, by any individual or entity other than himself, with the exception

set forth on §73-29-103.

(b) A patient may, upon written request, obtain a report of the patient’s optometric

records, or may have a copy of it forwarded to his treating optometrist or physician.

Source: Miss Code Ann.§ 73-19-3

Rule 8.5 Other Provisions.

No optometrist shall enter into an arrangement:

(a) allowing, permitting, encouraging, forbearing, or condoning any advertisement,

including those placed in a newspaper, magazine, brochure, flier, telephone directory,

or on television or radio, which implies or suggests that the licensed practitioner is

professionally associated or affiliated with an entity which itself is not a licensed

practitioner;

(b) occupying or otherwise using professional office space in any manner which does not

clearly and sufficiently indicate to the public that his/her practice of optometry is

independent of and not associated or affiliated with an entity which itself is not a

licensed practitioner;

licensed practitioner is professionally associated or affiliated with an entity which

itself is not a licensed practitioner;

(d) failing to have a telephone listing and number that is separate and distinct from that

of an entity which itself is not a licensed practitioner;

(e) answering the telephone, or allowing the telephone to be answered, in a manner that

does not clearly and distinctly identify his/her independent optometric practice, or in

a manner that implies or suggests that the licensed practitioner is professionally

associated or affiliated with an entity which itself is not a licensed practitioner;

(f) accepting reduced rent or lease payments based upon the number of patients

examined or treated or based upon the number of prescriptions written;

(g) agreeing to any arrangement for the furnishing of equipment, supplies, or office staff

that in any way impairs, limits, or restricts the licensed practitioner’s full and

independent professional judgement and responsibility;

(h) failing to maintain full and independent control and discretion over fees charged to

patients for optometric services and materials, including billing methods, except in

the case of an association, partnership, or employment relationship which is permitted

under the rules.

(i) Accepting a commission for the writing or filling of any optometric prescription.

(j) Nothing in these rules shall prevent a licensed practitioner from associating with a

multidisciplinary group of licensed health care professionals, the primary objective of

which is the diagnosis and treatment of the human body. A licensed practitioner may

also employ, or form a partnership or professional association with, other licensed

practitioners, or with other licensed health care professionals, the primary objective

of whom is the diagnosis and treatment of the human body. A licensed practitioner

may also be a contract provider for health maintenance organizations.

Source: Miss Code Ann. §73-19-1; § 73-19-3; § 73-19-9

Rule 8.6 Confidentiality.

(a) Confidential Information; Disclosure.

(1) An optometrist shall keep in confidence whatever he or she may learn about a

patient in the discharge of his or her professional duties. All reports and

records relating to the patient, including those records relating to the identity,

examination, and treatment of the patient, shall constitute “patient records.”

Except upon written authorization of the patient or as otherwise provided by

law, such records may not be furnished to and the condition of the patient

may not be discussed with any person other than the patient or his legal

representative or other health care providers who are involved in the diagnosis

and treatment of that patient. Provided, however, that this shall not prohibit

an optometrist from providing copies of a patient prescription.

(2) It is the responsibility of an optometrist to insure that his/her employees, as

well as any personnel who are not his/her employees but who are performing

assigned ministerial duties, tasks, and functions, do not violate the

confidentiality of patient records.

(b) Responsibility to patient.

(1) An optometrist shall have an established procedure appropriate for the

provision of eye care to his/her patients in the event of an emergency outside

of normal professional hours, and when the optometrist is not personally

available.

(2) An optometrist shall give notice to the patient when he/she relocates his/her

practice or withdraws his/her services so that the patient may make other

arrangements for his/her eye care. Notice to the patient shall specifically

identify the new location of the optometrist’s practice or the location at which

the patient may obtain his or her patient record.

(1) An optometrist shall maintain full and independent responsibility and control

over all records relating to his/her patients and his/her optometric practice.

All such records shall remain confidential except as otherwise provided by

law and shall be maintained by the optometrist in compliance with Section (a)

above. For the purposes of this rule, “maintain full and independent

responsibility and control” means that the records shall be maintained in the

optometrist’s office or solely in the possession of the optometrist, and that the

optometrist shall not share, delegate, or relinquish either possession of the

records or his/her responsibility or control over those records with or to any

entity which is not itself an optometrist.

(2) The records relating to the patients of a multi-disciplinary group of

optometrist professionals, or relating to the patients of a partnership or

professional association, may be maintained by the group practice,

partnership, or professional association on behalf of all optometrists

employed by the group practice, partnership, or professional association.

(3) For the purposes of this rule, “entity which itself is not an optometrist” shall

refer to any corporation, lay body, organization, individual, or commercial or

mercantile establishment which is not an optometrist or which is not

comprised solely of licensed health care professionals, the primary objective

of whom is the diagnosis and treatment of the human body.

(4) For the purpose of this rule, “commercial or mercantile establishment” shall

include an establishment in which the practice of opticianry is conducted, and

an establishment in which optical goods are sold.

(5) An optometrist shall keep patient records for a period of at least two years.

Upon the discontinuance of his/her practice, the optometrist shall either

transfer all patient records which are less than two years old to an eye care

practitioner where they may be obtained by patients, or he/she shall keep

them in his/her possession and make them available to be obtained by

patients.

(6) An optometrist who retires or otherwise discontinues his/her practice shall

cause to be published in the newspaper of greatest general circulation in each

county where the optometrist practiced, a notice indicating to his/her patients

that the optometrist’s patient records are available from a specified

optometrist at a certain location. The notice shall be published once during

each week for four (4) consecutive weeks. A copy of the published notice

shall be delivered to the board office for filing.

(7) (a) Optometrists shall arrange for his/her executor, administrator, personal

representative or survivor of a deceased optometrist to retain patient records

concerning any patient of the deceased optometrist for at least one (1) year

from the date of death of the optometrist.

(d) The executor or administrator shall arrange, within one (1) month from the date of

death of the optometrist, the executor, administrator, personal representative or

survivor of the deceased optometrist to cause to be published in the newspaper of

greatest general circulation in each county where the optometrist practiced, a notice

indicating to the patients of the deceased optometrist the location at which whose

patients may obtain their patient records. The notice shall be published once during

each week for four (4) consecutive weeks. A copy of the published notice shall be

delivered to the board office for filing.

Source: Miss Code Ann. § 73-19-9

Rule 8.7 Standards for doctor/patient relationship established, duty to report lawsuits

and claims to the board.

Every optometrist will refrain from any exaggeration of the patient’s visual disturbances.

Any optometrist presented with a claim against him involving his professional services,

by letter or lawsuit, shall the same day as received report the same in writing to the

Executive Director of the State board of Optometry, together with copies of any such

demand.

Source: Miss Code Ann. § 73-19-9

Rule 8.8 Specific guarantee prohibited.

No deceptive, false or misleading guarantee or claim of curative results or professional

abilities shall be made by any optometrist related to his professional services or any ophthalmic

material.

Source: Miss Code Ann. § 73-19-9

Rule 8.9 Proper use of the title Doctor and O.D. degree designation.

No registered optometrist when using the doctor title shall qualify it in any other way

than by the use of the “Optometrist” or “Therapeutic Optometrist”. He may, however, when not

using the prefix, use after his/her name the “O.D.” degree designation.

(a) In the event of the death or retirement of an optometrist who was practicing

optometry in a partnership, or with a professional corporation or professional

association, the surviving members of the professional corporation or

association, may, with the written permission of the retiring optometrist, or

the deceased optometrist’s legal representative, continue to use the name of

the deceased or retired optometrist.

(b) The fact that such optometrist is retired or deceased shall clearly be displayed

in such manner that such facts will be clearly visible to the public prior to

entry of the optometrist’s office or reception area. By way of example, an

appropriate professional identifying sign might be as follows:

SMITH, JONES & BROWN, INC. OPTOMETRISTS

Jim Smith, O.D. (1912-1981)

Jim Jones, O.D., Retired

Paul Brown, O.D.

Source: Miss Code Ann. § 73-19-9

Rule 8.10 Restriction on commissions and secret divisions of fee to secure patients.

No optometrist shall give or receive a commission or make a secret division of fees, by

whatever permit may be called, or under guise or any pretext whatsoever from any unlicensed

optometrist, person, firm or corporation to secure optometric patients.

Source: Miss Code Ann. § 73-19-9

Rule 8.11 Signs on office doors, windows and buildings.

The name of each optometrist practicing at each main or branch office shall be clearly

posted in public view on or near each entrance used by the public or in each public waiting

facility of such location.

Source: Miss Code Ann. § 73-19-9

Rule 8.12 Incorporating under professional corporation laws.

An optometrist may incorporate under current Mississippi Professional Corporation

Laws. Any optometrist so incorporated or employed by a Professional Corporation shall abide

by all of the optometry laws and the rules, regulations and orders of the Mississippi State board

of Optometry.

Source: Miss Code Ann. § 73-19-9

Rule 8.13 Dissemination of optometric consumer information. Standards, restrictions

and required disclosures.

(a) No optometrist shall by any means or method disseminate to his/her patients or the

public information that is false, fraudulent, deceptive, misleading, or unfair; or

information which contains any unverifiable statement or claim relating to the quality

of the optometric services to be delivered or which contains any other claim which

cannot be verified. Dissemination of optometric information offering delivery of

professional services or ophthalmic materials of any kind, delivery of which generally

required additional professional services or other services, must state whether the

offer includes such additional or other services.

(b) A copy of each public dissemination of information shall be retained in the office of

the dissemination optometrist for a period of 18 months following the date of last

dissemination. During such period a record of the date and manner of dissemination

shall also be maintained. The copy and related information concerning dissemination

shall be furnished, within seven (7) days of a written request, to the State board of its

designated agent.

Source: Miss Code Ann. § 73-19-9

Rule 8.14 Effect of failure to follow established rules and laws related to practice of

Optometry.

Any optometrist who willfully violates the Optometry Law of Mississippi, any of the

rules and regulations of the State board of Optometry, or other lawfully adopted laws or

regulations related to the practice of optometry, shall upon the filing of charges and after hearing

before the board be subject to having his license revoked or suspended. Such violations are

deemed to be unprofessional and unethical conduct. The establishment by these rules of certain

acts as being unprofessional and/or unethical shall not limit the right and power of the board to

determine what other acts or omissions on the part of a licensee may constitute unprofessional

and/or unethical conduct.

Source: Miss Code Ann. § 73-19-9

Rule 8.15 Notice of address and telephone number changes required to be given to

State board.

Any person licensed to practice optometry in this State shall, and at least fourteen (14)

days prior to the change, send written notice to the board of any change in floor plan

his/her office telephone number, his/her business street address, and/or mailing address for

any office (including branch office) in which he practices and the effective date of such

change.

Source: Miss Code Ann. § 73-19-9

Part 2901 Chapter 9. Standards.

Rule 9.1 Adequate Examination.

(a) In order to insure an adequate examination in the initial examination of the patient, the

optometrist or therapeutic optometrist shall make and record, if possible, the following

findings of the condition of the patient:

(1) case history (ocular, physical, occupational, and other pertinent information);

(2) visual acuity;

(3) biomicroscopy slit lamp examination (lids, cornea, sclera, etc.);

(4) internal ophthalmoscopic examination (media, fundus, etc.);

(5) static retinoscopy, O.D., O.S., or autorefrector;

(6) subjective findings, far point and near point;

(7) assessment of binocular function;

(8) amplitude or range of accommodation;

(9) tonometry;

(10)field of vision, to right and to left.

(b) In order to insure an adequate contact lens exam, the optometrist or therapeutic

optometrist shall preform following items in addition to 9.1 (a).

(1) perform and record keratometry testing.

(2) must schedule one follow-up visit for examination within 30 days of the

contact lens fitting, and must inform the patient on the initial visit regarding the

requirement of the follow-up care.

(3) must observe proper hygiene in the handling and dispensing of the contact

lenses and in the conduct of the examination. Proper hygiene includes sanitary

office conditions, running water in the office where contact lenses are dispensed

and proper sterilization of diagnostic lenses and instruments.

(4) must instruct the patient in the proper care of lenses, including proper hygiene.

(1) The omission of a single, essential finding shall be reason for an

investigational hearing or informal conference. The following findings are

essential in the initial examination of a patient:

(a) Biomicroscopy slit lamp examination (lids, cornea,

sclera, etc.);

(b) Internal ophthalmoscopic examination (media, fundus, etc.);

(d) Tonometry.

(2) The omission of a total of four significant findings in the initial examination

of a patient shall be reason for an investigational hearing or informal

conference. The following findings are significant in the initial examination

of a patient:

(a) Case history (ocular, physical, occupational and

other pertinent information);

(b) Visual acuity;

(d) Assessment of binocular function;

(e) Amplitude or range of accommodation;

(f) Angle of Vision, to right and to left.

(3) All other omissions or combination of omissions of findings shall be reason to

send noncompliance letters. The absence of the optometrist’s or therapeutic

optometrist’s signature on the prescription shall be considered an omission.

(4) An investigational hearing or informal conference is required when a second

alleged violation has occurred. Likewise, if a licensee has had a previous

investigational hearing or informal conference, a subsequent complaint may

result in a formal disciplinary hearing.

Source: Miss Code Ann.§ 73-19-3

Rule 9.2 Standards for office.

Each Optometrists must have the equipment to practice to the current standard of care to

include but not limited to the following: An Ophthalmoscope, a retinoscope; an

Ophthalmometer or Keratometer and a Refractor, or a trial frame with trial case auxiliary

prisms and lenses, test objects of Stereopsis and fusion charts for distance and near visual

acuity, Pseudoisochromatic charts for color vision, Tangent screen or Perimeter,

Tonometer and a Biomicroscope (slit lamp). Every such examination must be made in an

optometric office, and in a room of such office used exclusively for the practice of

optometry. Provided that if a person desiring optometric services informs an optometrist

that by reason of sickness or other cause he or she is confined to his or her place of

abode, said optometrist may make said examination at the place of abode of said person.

Provided, further, that said optometrist must have available at said place of abode for said

examination the following minimum equipment, to include but not limited to: An

Ophthalmoscope, a Retinoscope, a suitable astigmatic test and a reliable trial frame and

lenses adequate for determining proper diagnosis.

Source: Miss Code Ann.§ 73-19-3

Rule 9.3 Designation of Main and Branch office location for board records.

Every optometrist in active practice in this State shall designate in writing on his license

application or renewal form one fixed location as his main office and shall identify any

branch office location then existing. A branch office is defined as any fixed location

where the optometrist may practice other than his main office. Any change in office

location or new opening of any office (main or branch) shall be reported in writing to the

board, including change in ownership, the starting of a practice in the same physical

location where any other optometrist is already in practice. The provisions of this Rule

shall apply without regard to the optometrist’s ownership interest, or lack thereof, in the

office facility or the practice located where any licensed optometrist may practice under

his license granted by this board.

Source: Miss Code Ann.§ 73-19-3

Rule 9.4 Registration of main and branch offices.

Each office shall be registered with the Mississippi State Board of Optometry. Such

registration shall be renewed annually with the optometrists license renewal. The

registration certificate must be displayed in each office location and shall be furnished by

the board at a fee to be determined by the board.

Source: Miss Code Ann.§ 73-19-3

Rule 9.5 Timely Notice to board of Opening of office or branch office, inspection of newly

opened office or branch office.

No optometrist shall open an office or branch office for the practice of optometry in this

State without first providing the board with a scale drawing of the floor plan of such

proposed office showing the location of instruments and equipment and a dated certificate

signed by the optometrist that the proposed office conforms to the rules of the board

related to equipment, instruments and configuration required for such office. Such

certificate and floor plan shall be delivered to the board in person or by registered mail

no less than 14 days prior to the scheduled opening of the office. This Rule is in addition

to all other rules governing establishment of an office or branch office and in no way

restricts the power of the board or its designated agent to inspect at anytime to determine if

the office and licensed individual conform to the rules of the board and the laws of this

State.

Source: Miss Code Ann §73-19-9

Part 2901 Chapter 10. Current Procedural Terminology (CPT) Codes

Rule 10.1 CPT Codes

The Mississippi State Board of Optometry approves the current procedural codes as

determined by the American Medical Association for the individual’s level of licensure,

to include but not limited to the following. As a service to the general public, the third

party payment providers and to the optometrists holding Certificates of Licensure from

the State of Mississippi, the Mississippi State Board of Optometry, having carefully

considered the current procedural terminology code (CPT) as used for Medicare services,

finds and determines that the attached listed services which are not marked appear to be

services which can be lawfully rendered by all optometrists licensed by this board. A

code number with a (D) indicates a service, which in the board’s opinion, requires the

optometrist providing such service to also hold a Certificate from this Board authorizing

use of diagnostic pharmaceutical agents. A code number with a (T) indicates a service,

which in the board’s opinion, requires the optometrist providing such service to also hold

a Certificate from this Board authorizing use of Therapeutic Pharmaceutical agents. This

Rule is not intended to, nor shall it be construed to, limit in any manner the authority of

an optometrist to practice to the full extent authorized by law and the license and/or

certificate held by the optometrist nor shall this rule be constructed to extend such

authority beyond that authorized by law. The list attached is incorporated by reference as

part of this rule.

OFFICE OR OTHER OUTPATIENT SERVICES

NEW PATIENT

99201 - a problem focused history;

- a problem focused examination; and

- straightforward medical decision making.

Physician typically spends 10 minutes face-to-face with patient and/or

family

99202 - a problem focused history;

- a problem focused examination; and

- straightforward medical decision making.

Physician typically spends 20 minutes face-to-face with patient and/or

family.

99203 - a detailed history;

- a detailed examination; and

- medical decision making of low complexity.

Physician typically spends 30 minutes face-to-face with patient and/or

family.

99204 - a comprehensive history;

- a comprehensive examination; and

- medical decision making of moderate complexity.

Physician typically spends 45 minutes face-to-face with patient and/or

family.

99205 - a comprehensive history;

- a comprehensive examination; and

- medical decision making of high complexity.

Physician typically spends 60 minutes face-to-face with patient and/or

family

ESTABLISHED PATIENT

99211 Office or other outpatient visit for the evaluation and management of an established

patient, that may not require the presence of a physician.

Usually, the presenting problem(s) are minimal. Typically, 5 minutes are spent

performing or supervising these services.

99212 - a problem focused history;

- a problem focused examination;

- straightforward medical decision making.

Physician typically spends 10 minutes face-to-face with patient and/or

family.

99213 - a problem focused history;

- a problem focused examination; and

- medical decision making of low complexity

Physician typically spends 15 minutes face-to-face with patient and/or

family.

99214 - a detailed history;

- a detailed examination;

- medical decision making of moderate complexity.

Physician typically spends 25 minutes face-to-face with patient and/or

family.

99215 - a comprehensive history;

- a comprehensive examination;

- medical decision making of high complexity.

Physician typically spends 40 minutes face-to-face with patient and/or

family.

SUBSEQUENT HOSPITAL CARE

99231 - a problem focused interval history;

- a problem focused examination;

- medical decision making that is straightforward or of low complexity.

Physician typically spends 15 minutes at the bedside and on the

patient's hospital floor or unit.

99232 - an expanded problem focused interval history;

- an expanded problem focused examination;

- medical decision making of moderate complexity.

Physician typically spends 25 minutes at the bedside and on the

patient

s hospital floor or unit.

99233 - a detailed interval history;

- a detailed examination;

- medical decision making of high complexity.

Physician typically spends 35 minutes at the bedside and on the

patient's hospital floor or unit.

OFFICE OR OTHER OUTPATIENT CONSULTATIONS

NEW OR ESTABLISHED PATIENT

99241 - a problem focused history;

- a problem focused examination; and

- straightforward medical decision making.

Physician typically spends 15 minutes face-to-face with patient and/or

family.

99242 - a problem focused history;

- a problem focused examination; and

- straightforward medical decision making.

Physician typically spends 30 minutes face-to-face with patient and/or

family.

99243 - a detailed history;

- a detailed examination; and

- medical decision making of low complexity.

Physician typically spends 40 minutes face-to-face with patient and/or

family.

99244 - a comprehensive history;

- a comprehensive examination; and

- medical decision making of moderate complexity.

Physician typically spends 60 minutes face-to-face with patient and/or

family.

99245 - a comprehensive history;

- a comprehensive examination; and

- medical decision making of high complexity.

Physician typically spends 80 minutes face-to-face with patient and/or

family.

INITIAL PATIENT CONSULTATIONS

NEW OR ESTABLISHED PATIENT

99251 - a problem focused history;

- a problem focused examination; and

- straightforward medical decision making.

Physician typically spends 20 minutes at the bedside and on the

patient's hospital floor or unit.

99252 - a problem focused history;

- a problem focused examination; and

- straightforward medical decision making.

Physician typically spends 40 minutes at the bedside and on the

patient's hospital floor or unit.

99253 - a detailed history;

- a detailed examination, and

- medical decision making of low complexity.

Physician typically spends 55 minutes at the bedside and on the

patient's hospital floor or unit.

99254 - a comprehensive history;

- a comprehensive examination; and

- a medical decision making of moderate complexity. Physician typically spends 80

minutes at the bedside and on the patient's hospital floor or unit.

99255 - a comprehensive history;

- a comprehensive examination; and

- medical decision making of high complexity.

Physician typically spends 110 minutes at the bedside and on the

patient's hospital floor or unit.

FOLLOW-UP INPATIENT CONSULTATIONS

ESTABLISHED PATIENT

99261 - a problem focused interval history;

- a problem focused examination; and

- medical decision making that is straightforward or of low complexity.

Physician typically spends 10 minutes at the bedside and on the patient’s hospital

floor or unit.

99262 - an expanded problem focused interval history;

- an expanded problem focused examination; and

- medical decision making of moderate complexity.

Physician typically spends 20 minutes at the bedside and on the

patient's hospital floor or unit.

99263 - a detailed interval history;

-a detailed examination; and

- medical decision making of high complexity.

Physician typically spends 30 minutes at the bedside and on the

patient's hospital floor or unit.

CONFIRMATORY CONSULTATIONS

NEW OR ESTABLISHED PATIENT

99271 - a problem focused history

- a problem focused examination; and

- straightforward medical decision making.

Usually, the presenting problem(s) are self limited or minor.

99272 - a problem focused history;

- a problem focused examination; and

- straightforward medical decision making.

Usually, the presenting problem(s) are of low severity.

99273 - a detailed history;

- a detailed examination; and

- medical decision making of low complexity.

Usually, the presenting problem(s) are of moderate severity.

99274 - a comprehensive history;

- a comprehensive examination; and

- medical decision making of moderate complexity.

Usually, the presenting problem(s) are of moderate to high severity.

99275 - a comprehensive history;

- a comprehensive examination; and

- medical decision making of high complexity.

Usually, the presenting problem(s) are of moderate to high severity.

EMERGENCY DEPARTMENT SERVICES

NEW OR ESTABLISHED PATIENT

99281 - a problem focused history;

- a problem focused examination;

- straightforward medical decision making.

Usually, the presenting problem(s) are self limited or minor.

99282 - a problem focused history;

- a problem focused examination; and

- medical decision making of low complexity.

Usually, the presenting problem(s) are of low to moderate severity.

99283 - a problem focused history;

- a problem focused examination; and

- a medical decision making of moderate complexity.

Usually, the presenting problem(s) are of moderate severity.

99284 - a detailed history;

- a detailed examination; and

- medical decision making of moderate complexity

Usually, the presenting problem(s) are of high severity, and require

urgent evaluation by the physician but do not pose an immediate

significant threat to life or physiologic function.

99285 - a comprehensive history;

- a comprehensive examination; and

- medical decision making of high complexity.

Usually, the presenting problem(s) are of high severity and pose an

immediate significant threat to life or physiologic function.

COMPREHENSIVE NURSING FACILITY ASSESSMENTS

NEW OR ESTABLISHED PATIENT

99301 - a detailed interval history;

- a comprehensive examination; and

- medical decision making that is straightforward or of low complexity.

Physician usually spends 30 minutes at the bedside and on the patient's

facility floor or unit.

99302 - a detailed interval history;

- a comprehensive examination; and

- medical decision making of moderate to high complexity.

Physician usually spends 40 minutes at the bedside and on the patient's

facility floor or unit.

99303 - a comprehensive history;

- a comprehensive examination; and

- medical decision making of moderate to high complexity.

Physician usually spends 50 minutes at the bedside and on the patient's

facility floor or unit.

SUBSEQUENT NURSING FACILITY CARE

NEW OR ESTABLISHED PATIENT

99311 - a problem focused interval history;

- a problem focused examination; and

- medical decision making that is straightforward or of low complexity.

Physician usually spends 15 minutes at the bedside and on the patient's

facility floor or unit.

99312 - an expanded problem focused interval history;

- an expanded problem focused examination; and

- medical decision making of moderate complexity.

Physician usually spends 25 minutes at the bedside and on the patient’s facility floor

or unit.

99313 - a detailed interval history;

- a detailed examination; and

- medical decision making of moderate to high complexity

Physician usually spends 35 minutes at the bedside and on the patient's

facility floor or unit.

DOMICILIARY, REST HOME (E.G. BOARDING HOME), OR

CUSTODIAL CARE SERVICES

NEW PATIENT

99321 - a problem focused history;

- a problem focused examination; and

- medical decision making that is straightforward or of low complexity.

Usually, the presenting problem(s) are of low severity.

99322 - a problem focused history;

- a problem focused examination; and

- medical decision making of moderate complexity.

Usually, the presenting problem(s) are of moderate severity.

99323 - a detailed history;

- a detailed examination; and

- medical decision making of high complexity.

Usually, the presenting problem(s) are of high complexity.

ESTABLISHED PATIENT

99331 - a problem focused interval history;

- a problem focused examination; and

- medical decision making that is straightforward or of low complexity.

Usually, the patient is stable, recovering or improving.

99332 - an expanded problem focused history;

- an expanded problem focused examination; and

- medical decision making of moderate complexity.

Usually, the patient is responding inadequately to therapy or had

developed a minor complication.

99333 - a detailed interval history;

- a detailed examination; and

- medical decision making of high complexity.

Usually, the patient is unstable or has developed a significant

complication or a significant new problem.

HOME SERVICES

NEW PATIENT

99341 - a problem focused history;

- a problem focused examination; and

- medical decision making that is straightforward or of low complexity.

Usually, the presenting problem(s) are of low severity.

99342 - a problem focused history;

- a problem focused examination; and

- medical decision making of moderate complexity.

Usually, the presenting problem(s) are of moderate severity.

99343 - a detailed history;

- a detailed examination; and

- medical decision making of high complexity.

Usually, the presenting problem(s) are of high severity.

ESTABLISHED PATIENT

99351 - a problem focused interval history

- a problem focused examination; and

- medical decision making that is straightforward or of low complexity.

Usually, the patient is stable, recovering or improving.

99352 - an expanded problem focused interval history;

- an expanded problem focused examination; and

- medical decision making of moderate complexity.

Usually, the patient is responding inadequately to therapy or has

developed a minor complication.

99353 - a detailed interval history;

- a detailed examination; and

- medical decision making of high complexity.

Usually, the patient is unstable of has developed a significant

complication or a significant new problem.

GENERAL OPHTHALMOLOGICAL SERVICES

NEW PATIENT

92002 Ophthalmological services; medical examination and evaluation with initiation of

diagnostic and treatment program; intermediate, new patient.

D 92004 Comprehensive, new patient, one or more visits

ESTABLISHED PATIENT

92012 Ophthalmological services; medical examination and evaluation, with initiation or

continuation of diagnostic and treatment program; intermediate, established patient.

D 92014 Comprehensive, established patient, One or more visits

SPECIAL OPHTHALMOLOGICAL SERVICES

D 92020 Conioscopy with medical diagnostic evaluation (separate procedure).

92060 Sensorimotor examination with medical diagnostic evaluation (separate procedure).

92065 Orthoptic and/or pleoptic training, with continuing medical direction and evaluation

T 92070 Fitting of contact lens for treatment of disease, including supply of lens

92081 Visual field examination with medical diagnostic evaluation; tangent screen; autoplot

or equivalent

92082 Quantitative perimetry, e.g., several isopters on Goldmann perimeter, or equivalent

92083 Static and kinetic perimetry, or equivalent

Routine tonometry is part of general and special ophthalmological services whenever

indicated. It is not reported separately.

92100 Serial tonometry with medical diagnostic evaluation (separate procedure), one or more

sessions, same day

D 92120 Tonography with medical diagnostic evaluation, recording indentation tonometer

method or perilimbal suction method

D 92130 Tonography with water provocation

92140 Provocative tests for glaucoma, with medical diagnostic evaluation, without

tonography

OPHTHALMOSCOPY

D 92225 Ophthalmoscopy, extended as for retinal detachment (may include use of contact lens,

drawing or sketch, and/or fundus biomicroscopy), with medical diagnostic evaluation;

initial

D 92226 Subsequent

D 92250 With fundus photography

D 92260 With ophthalmodynamometry

OTHER SPECIALIZED SERVICES

92270 Electro-oculography, with medical diagnostic evaluation

D 92275 Electroretinography, with medical diagnostic evaluation

92280 Visually evoked potential (response) study, with medical diagnostic evaluation

(For electronystagmography for vestibular function studies, see 92541 et seg.)

(For ophthalmic echography (diagnostic ultrasound), See 76511-76529.)

92283 Color vision examination, extended, e.g., anomaloscope or equivalent

(Color vision testing with pseudoisochromatic plates (such as HRR or Ishihara) is not

reported separately. It is included in the appropriate general or ophthalmological

service.)

92284 Dark adaptation examination, with medical diagnostic evaluation

92285 External ocular photography for documentation of medical progress

92286 Specular endothelial microscopy with photographic documentation, medical

evaluation and report

REMOVAL OF OCULAR FOREIGN BODY

65205 Removal of foreign body, external eye; conjunctival superficial

67820 Correction trichiasis; epilation, forceps only

CONTACT LENS SERVICES

The prescription of contact lenses includes specifications of optical and physical characteristics

(such as power, size, curvature, flexibility, gas-permeability) it is not a part of the general

ophthalmological services.

The fitting of contact lenses includes instruction and training of the wearer and incidental

revision of the lens during the training period.

Follow up of successfully fitted extended wear lenses is reported as part of a general

ophthalmological service (92012 etc.).

The supply of contact lenses may be reported as part of the service of fitting.

It may also be reported separately by using 92391 or 92396 and modifier 26 or

09926 for the service of fitting without supply.

92310 Prescription of optical and physical characteristics of and fitting of contact lens, with

medical supervision of adaptation; corneal lens, both eyes, except for aphakia.

(For prescription and fitting on one eye, see modifier -52)

92311 corneal lens for aphakia, one eye

92312 corneal lens for aphakia, both eyes

92313 corneoscleral lens

92314 Prescription of optical and physical characteristics of contact lens, with medical

supervision of adaptation and direction of fitting by independent technician; corneal

lens, both eyes, except for aphakia.

(For prescription and fitting of one eye, see modifier -52 or 09952)

92315 corneal lens for aphakia, one eye

92316 corneal lens for aphakia, both eyes

92317 corneoscleral lens

92325 Modification of contact lens (separate procedure), with medical supervision of

adaptation

92326 Replacement of contact lens

OCULAR PROSTHETICS, ARTIFICIAL EYE

92330 Prescription, fitting, and supply of ocular prosthesis (artificial eye), with medical

supervision of adaptation

(If supply is not included, see modifier -26; to report supply separately, see 92393)

92335 Prescription of ocular prothesis (artificial eye) and direction of fitting and supply of

independent technician with medical supervision of adaptation.

OCULAR SERVICES (INCLUDING PROSTHESIS FOR APIIAKLA)

92340 spectacles, except for aphakia; monofocal

92341 Bifocal

92342 Multifocal, other than bifocal

92352 Fitting of spectacle prosthesis for aphakia; monofocal

92353 Multifocal

92354 Fitting of spectacle mounted low vision aid; single element system

92355 Telescopic or other compound lens system

92358 Prosthesis service for aphakia, temporary (disposable or loan, including materials)

92370 Repair and fitting spectacles; except for aphakia

92371 Spectacle prosthesis for aphakia

SUPPLY OF MATERIALS

92390 Supply of spectacles, except prosthesis for aphakia and low vision aids

92391 Supply of contact lenses, except prosthesis for aphakia

(For supply of contact lenses reported as part of the service of fitting, See 92310-

92313)

92392 Supply of low vision aids (A low vision aid is any lens or device used to aid or

improve visual function in a person whose vision cannot be normalized by

conventional spectacle correction. Conventional spectacle correction includes reading

additions up to 4D).

92393 Supply or ocular prosthesis (artificial eye)

(For supply reported as part of the service of fitting, see 92330)

92395 Supply of permanent prosthesis for aphakia; spectacles (For temporary spectacle

correction, see 92358)

92396 Contact Lenses

(For supply reported as part of the service of fitting, see 92311, 92312) (See 99070 for

the supply of other materials, drugs, trays, etc.)

65205* Removal of foreign body, external eye; conjuctival superficial

T 65210* Conjunctival embedded (includes concretions), subconjunctival, or scleral

nonperforating)

T 65220* Corneal, without slit lamp

T 65222* Corneal, with slit lamp (For repair of corneal laceration with foreign body, see 65275)

(65230 has been deleted). To report, use 65235.

T 65275 Repair of laceration; cornea, nonperforating, with or without removal foreign body

T 65430* Scraping of cornea, diagnostic for smear and/or culture

T 65435* Removal of corneal epithelium; with or without chemo cauterization (abrasion,

cutterage)

T 68020 Incision of conjunctiva, drainage of cyst

T 68040 Expression of conjunctival follicles, e.g., for trachoma

T 68761 Closure of the lacrimal punctum; by plug, each

T 68800* Dilation of lacrimal punctum, with or without irrigation, unilateral or bilateral

T 68840 * Probing of lacrimal canaliculi, with or without irrigation

T 82947 Glucose, Quantitative

T 82948 Blood, reagent strip

D 76511 Ophthalmic untrasound, echography, diagnostic; A-scan only, with amplitude

quantification

D 76512 Contact B-scan (with or without simultaneous A-scan)

D 76516 Ophthalmic biometry by untrasound echography, A-scan

D 76519 With intraocular lens power calculation

D 76529 Ophthalmic untrasonic foreign body localization

T 87070 Culture, bacterial, definitive; any other source

T 87164 Dark field examination, any source (e.g., penile, vaginal, oral, skin); includes

specimen collection

T 87181 Sensitivity studies, antibiotic; agar diffusion method per antibiotic

T 87205 Smear, primary source with interpretation, routine stain for bacteria,

fungi, or cell types

T 99025 Initial (new patient) visit when starred (*) surgical procedure constitutes major service

at that visit

T 99050 Services requested after hours in addition to basic service

T 99052 Services requested between 10:00 p.m. and 8:00 a.m., in addition to basic service

T 99054 Services requested on Sundays and holidays in addition to basic service

T 99056 Services provided at request of patient in a location other than the physician

s office

which are normally provided in the office.

T 99058 Office services provided on an emergency basis

T 99070 Supplies and materials (except spectacles), provided by the physician over and above

those usually included with the office visit or other services rendered (list drugs, trays,

supplies, or materials provided)

T 99071 Educational supplies, such as books, tapes, and pamphlets, provided bv the physician

for the patients education at cost to physician

T 99075 Medical testimony

T 99080 Special reports such as insurance forms, more than information conveyed in the usual

communications or standard reporting form

T 92499 Unlisted ophthalmological service or procedure

STARRED (*) PROCEDURES OR ITEMS: Certain relatively small surgical services

involve a readily identifiable surgical procedure but include variable preoperative and

postoperative services (e.g., incision and drainage of an abscess, injection of a tendon sheath,

manipulation of a joint under anesthesia, dilation of the urethra). Because of the indefinite pre-

and postoperative services, the usual package" concept for surgical services (See above) cannot

be applied. Such procedures are identified by a star (*) following the procedure code number.

When a star (*) follows a surgical procedure code number, the following rules apply:

a. The service as listed includes the surgical procedure only. Associated pre- and postoperative

services are not included in the service as listed.

b. Preoperative services are considered as one of the following:

(1) When the starred (*) procedure is carried out at the time of an initial visit

(new patient) and this procedure constitutes the major service at that visit,

procedure number 99025 is listed in lieu of the usual initial visit as an

additional service.

(2) When the starred (*) procedure is carried out at the time of an initial or other

visit involving significant identifiable services (e.g., removal of a small skin

lesion at the time of a comprehensive history and physical examination), the

appropriate visit is listed in addition to the stared (*) procedure and its follow-

up care.

(3) When the starred (*) procedure is carried out at the time of a follow-up

(established patient) visit and this procedure constitutes the major service at

that visit, the service visit is usually not added.

(4) When the starred (*) procedure requires hospitalization, an appropriate hospital

visit is listed in addition to the starred (*) procedure and its follow-up care.

c. All postoperative care is added on a service-by-service basis (e.g., office or hospital

visit, cast change).

d. Complications are added on a service-by-service basis (as with all surgical

procedures).

MODIFIERS

-21 When the face-to-face or floor/unit service(s) provided is prolonged or otherwise

greater than that usually required for the highest level of evaluation and

management service within a given category, it may be identified by adding

modifier '21' to the evaluation and management code number or by use of the

separate five digit modifier code 09921. A report may also be appropriate.

-22 Unusual services: When the service(s) provided is greater than that usually

required for the listed procedure, it may be identified by adding modifier '-22' to the

usual procedure number or by use of the separate five digit modifier code 09922.

-24 In the case of E & M Visits, unrelated to the diagnosis for which the surgical

procedure is performed, use Modifier 24 with the appropriate E & M visit code.

(MCM 4821.B)

-25 Visits on the day of a procedure are presumed to be for the purpose of routine pre-

and postoperative care related to the procedure, the visit will not be paid (regardless

of the charge for the procedure) unless it is for a separate and identifiable

Evaluation and Management (E & M) which is above and beyond the usual pre- and

postoperative service provided on the day of the procedure. In using this modifier

on the E & M service, the physician is certifying that the additional services meet

the requirements for modifier 25. (MCM 4822.A.7)

-26 Professional Component: Certain procedures (e.g., laboratory, radiology,

electrocardiogram, specific diagnostic Services) are a combination of a physician

component is reported separately, the service may be identified by adding the

modifier '-26' to the usual procedure number or the service may be reported by the

use of the five digit modifier code 09926.

-50 Bilateral Procedure: Unless otherwise identified in the listings, bilateral procedures

that are performed at the same operative session, should be identified by the

appropriate five digit code describing the first procedure. The second (bilateral)

procedure is identified either by adding modifier '-50' to the procedure number or

by use of the separate five digit modifier code 09950.

-51 Multiple Procedures: When multiple procedures are performed on the same day or

at the same session, the major procedure or service may be reported as listed. The

secondary additional, or lesser procedure(s) or Service(s) may be identified by

adding the modifier '-51' to the secondary procedure or service code(s) or by use of

the separate five digit modifier code 09951. This modifier may be used to report

multiple medical procedures performed at the same session, as well as a

combination of medical and surgical procedures, or several surgical procedures

performed at the same operative session.

-52 Reduced Services: Under certain circumstances a service or procedure is partially

reduced or eliminated at the physicians election. Under these circumstances the

service provided can be identified by its usual procedure number and the addition of

the modifier '-52' signifying that the service is reduced. This provides a means of

reporting reduced services without distributing the identification of the basic

service. Modifier code 09952 may be used as an alternative to modifier '-52.

-55 Postoperative Management Only: When one physician performs the

postoperative management and another physician has performed the

surgical procedure, the postoperative component may be identified by adding the

modifier '-55' to the usual procedure number or by use of the separate five digit

modifier code 09955.

-56 Preoperative Management Only: When one physician performs the preoperative

care and evaluation and another physician performs the surgical procedure, the

preoperative component may be identified by adding the modifier '-56' to the usual

procedure number or by use of the separate five digit modifier code 09956.

-75 Concurrent Care, Services Rendered by More than One Physician: When the

patient's condition requires the additional services of more than one physician, each

physician may identify his or her services by adding the modifier '-75' to the basic

service performed or the service may be reported by using the five digit modifier

code 09975.

-76 Repeat Procedure by Same Physician: The physician may need to indicate that a

procedure or service was repeated subsequent to the original service. This

circumstance may be reported by adding the modifier '-76' to the repeated service or

the separate five digit modifier code 09976 may be used.

-77 Repeat Procedure by Another Physician: The physician may need to indicate that a

basic procedure performed by another physician had to be repeated. This may be

reported by adding modifier '-77' to the repeated service or the separate five digit

modifier code 09977 may be used.

-79 Unrelated Procedure or Service by the Same Physician During the Postoperative

Period; The physician may need to indicate that the performance of a procedure or

service during the postoperative period was unrelated to the original procedure.

This circumstance may be reported by using the modifier '-79' or by using the

separate five digit modifier 09979. (For repeat procedures on the same day, See -

76).

Source: Miss Code Ann.§ 73-19-3