There is a State Board of Examiners in Optometry in the Department.
The Board consists of 7 members.
Of the 7 members:
Five shall be licensed optometrists; and
Two shall be consumer members.
The Governor shall appoint the optometrist members, with the advice of the Secretary, from a list submitted to the Secretary by the Maryland Optometric Association.
The number of names on the list shall be three times the number of vacancies.
For each optometrist vacancy, the Maryland Optometric Association shall:
Notify all licensed optometrists in the State of the vacancy to solicit nominations to fill the vacancy; and
Conduct a balloting process where every licensed optometrist is eligible to vote to select the names of the licensed optometrists that will be submitted to the Governor.
The Governor shall appoint the consumer members with the advice of the Secretary and the advice and consent of the Senate.
For at least 5 years before appointment, each optometrist member of the Board shall have:
Resided in this State; and
Practiced optometry actively and continuously in this State.
The consumer members of the Board:
Shall be a member of the general public;
May not be or ever have been an optometrist or in training to become an optometrist;
May not have a household member who is an optometrist or in training to become an optometrist;
May not participate or ever have participated in a commercial or professional field related to optometry;
May not have a household member who participates in a commercial or professional field related to optometry; and
May not have had within 2 years before appointment a substantial financial interest in a person regulated by the Board.
While a member of the Board, a consumer member may not have a substantial financial interest in a person regulated by the Board.
Before taking office, each appointee to the Board shall take the oath required by Article I, § 9 of the Maryland Constitution.
The term of a member is 4 years.
The terms of members are staggered as required by the terms provided for members of the Board on July 1, 1982.
At the end of a term, a member continues to serve until a successor is appointed and qualifies.
A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
To the extent practicable, the Governor shall fill any vacancy on the Board within 60 days of the date of the vacancy.
A member may not serve more than 2 consecutive full terms.
The Governor may remove a member for incompetence or misconduct.
Upon the recommendation of the Secretary, the Governor may remove a member whom the Secretary finds to have been absent from 2 successive Board meetings without adequate reason.
From among its members, the Board every 2 years shall elect a president, a secretary, and a treasurer.
The Board shall determine:
The manner of election of officers; and
The duties of each officer.
A majority of the members then serving on the Board is a quorum.
The Board shall meet:
At least twice a year, at the times and places that it determines; and
When requested by the Secretary.
In accordance with the budget of the Board, each member of the Board is entitled to:
Compensation, at a rate determined by the Board, for each day on which the member is engaged in the duties of the member’s office; and
Reimbursement for expenses at a rate determined by the Board.
The Board may employ a staff in accordance with the budget of the Board.
In addition to the powers set forth elsewhere in this title, the Board has the following powers:
Each member of the Board may administer oaths and take affidavits for any matter under the jurisdiction of the Board; and
The Board may adopt rules and regulations to carry out the provisions of this title.
In addition to the duties set forth elsewhere in this title, the Board shall:
Keep a current list showing all:
Licensed optometrists;
Optometrists who are on inactive status;
Diagnostically certified optometrists;
Therapeutically certified optometrists; and
Optometrists against whom action has been taken under § 11–313 of this title;
Keep a full record of its proceedings;
Adopt an official seal; and
Investigate an alleged violation of this title.
In connection with any investigation of charges under § 11-313 of this title, the Board may request the licensee to submit to an appropriate physical or mental examination by a licensed physician designated by the Board.
In return for the privilege given to a licensee to practice optometry in this State, the licensee is deemed to have:
Consented to submit to an examination under this section, if requested by the Board in writing; and
Waived any claim or privilege as to the testimony or examination reports of the examining physician.
At any disciplinary hearing before the Board, the failure or refusal of the licensee to submit to an examination under this section is prima facie evidence of the licensee’s inability to practice optometry competently, unless the Board finds that the failure or refusal is beyond the control of the licensee.
The Board shall pay the costs of any examination made under this section.
Notwithstanding any provisions of this section, a licensee may present evidence to the Board of mental or physical health that conflicts or is different from that presented as a result of an examination under this section.
There is a State Board of Examiners in Optometry Fund.
The Board may set reasonable fees for the issuance and renewal of licenses and certificates and its other services.
The fees charged shall be set so as to produce funds to approximate the cost of maintaining the Board.
Funds to cover the compensation and expenses of the Board members shall be generated by fees set under this section.
The Board shall pay all funds collected under this title to the Comptroller of the State.
The Comptroller shall distribute the fees to the State Board of Examiners in Optometry Fund.
The Fund shall be used to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided by the provisions of this article.
The Fund is a continuing, nonlapsing fund, not subject to § 7-302 of the State Finance and Procurement Article.
Any unspent portions of the Fund may not be transferred or revert to the General Fund of the State, but shall remain in the Fund to be used for the purposes specified in this article.
No other State money may be used to support the Fund.
A designee of the Board shall administer the Fund.
Moneys in the Fund may be expended only for any lawful purpose authorized under the provisions of this article.
The Legislative Auditor shall audit the accounts and transactions of the Fund as provided in § 2-1220 of the State Government Article.
A licensed optometrist shall perform a minimum optometric examination which shall include:
Reviewing a patient’s history, past prescriptions and specifications when available;
Visual analysis;
Ophthalmoscopy of internal eye;
Tonometry without anesthetic when indicated or for a patient over 40 years of age;
Muscle balance examination;
Writing of lens formula and other prescription data when needed as well as specific instructions for future care; and
Subsequent progress evaluation when indicated.
A licensed optometrist shall maintain thorough records of all testing procedures, results, and case dispositions in accordance with § 4-403 of the Health - General Article.
A licensed optometrist shall have on hand all instrumentation and equipment, in good working condition, required to carry out the procedures for the minimum examination under this section.
A person shall have the immunity from liability described under § 5-712 of the Courts and Judicial Proceedings Article for giving information to the Board or otherwise participating in its activities.