Except as otherwise provided in this title or §§ 10–14A–03 and 10–14B–03 of the State Government Article, an individual shall be licensed by the Board before the individual may practice optometry in this State. This section does not apply to a student while participating in a residency training program under the direct supervision of a licensed optometrist.

To qualify for a license, an applicant shall be an individual who meets the requirements of this section. The applicant shall be of good moral character. The applicant shall be at least 18 years old. The applicant shall submit to the Board satisfactory evidence of scholastic and professional education that is at least equal to the current standards set by the Board. However, an applicant who is licensed to practice optometry in any other state shall submit satisfactory evidence of scholastic and professional education that is at least equal to the standards set by the Board at the time of the applicant’s completion of scholastic and professional education. On written request, the Board shall provide information as to the current scholastic and professional education standards that the Board sets. In the case of an out–of–state applicant the Board shall provide information on the educational and professional standards in effect at the time of an applicant’s completion of scholastic and professional education. Except as otherwise provided in this subtitle, the applicant shall pass all sections of each part of an examination as required by the Board under this subtitle. The applicant shall submit to a criminal history records check in accordance with § 11–302.1 of this subtitle.

In this section, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services. An applicant shall apply to the Central Repository for a State and national criminal history records check. As part of an application to the Central Repository for a State and national criminal history records check, an applicant shall complete and submit to the Central Repository: A complete set of legible fingerprints taken in a format approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation; The fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to Maryland criminal history records; and The mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check. In accordance with §§ 10–201 through 10–229 of the Criminal Procedure Article, the Central Repository shall forward to the Board and the individual the individual’s criminal history record information. Information obtained from the Central Repository under this section: Is confidential; May not be redisseminated; and Shall be used only for the licensing purpose authorized by this title. The subject of a criminal history records check under this section may contest the contents of the criminal history record information issued by the Central Repository as provided in § 10–223 of the Criminal Procedure Article. If criminal history record information is reported to the Central Repository after the date of the initial criminal history records check, the Central Repository shall provide to the Board and the individual revised criminal history record information for the individual.

To apply for a license, an applicant shall: Submit an application to the Board on the form that the Board requires; Pay to the Board the application fee set by the Board; and Submit to a criminal history records check in accordance with § 11–302.1 of this subtitle.

An applicant who otherwise qualifies for a license is entitled to be examined as provided in this section. Except as otherwise provided in this subsection, the Board shall determine the subjects, scope, form, and passing scores for all sections of each part of an examination under this subtitle. The subjects examined shall include: The anatomy, physiology, and pathology of the human eye; and The use of all instruments used for examination of the human eye. The examination may include any subject that relates to optics and optometry: Contained in any textbook; or Taught at any accredited educational institution that teaches optics, optometry, and other related subjects. An applicant who fails the examination may take the next regularly scheduled examination.

Subject to the provisions of this section, the Board may waive the examination requirements of this title for an individual who is licensed to practice optometry in any other state. The Board may grant a waiver under this section only if the applicant: Pays the application fee required by the Board under § 11–303 of this subtitle; Provides adequate evidence that the applicant: Meets the qualifications otherwise required by this title, including, for 3 years before applying, the continuing education requirements of the other state in which the applicant has been practicing optometry, or, if the other state does not have any continuing education requirement, the applicant shall meet the equivalent of 3 years of the continuing education requirements of this subtitle in courses approved by the Board; Meets the terms and conditions that the Board establishes in subsections (c) and (d) of this section; At the time the applicant was licensed in the other state, was qualified to take the examination that then was required by the laws of this State; and Qualified for a license in the other state by passing an examination given by the board of optometry in that state; Presents a copy of the license, certified by the issuing board; and Has not failed an examination required by the Board within the previous 5 years. The Board may waive the examination requirements of this subtitle for an applicant who: If so required by the Board under subsection (d) of this section, passes an examination required by the Board; and For 3 years immediately before applying, has practiced optometry actively. The Board may waive the requirement of practicing optometry actively for an applicant who for 3 years: Was teaching optometry; Was a uniformed services optometrist; Was a supervisor or administrative optometrist; or Was a researcher in optometry. Within 1 year of receipt of an application, the Board may require that the applicant pass an examination. The Board shall determine the scope, form, and passing score for examinations under this section.

The Board shall issue a license to any applicant who: Meets the requirements of this title; Pays to the Board the license fee set by the Board; and Submits to a criminal history records check in accordance with § 11–302.1 of this subtitle. On receipt of the criminal history record information of an applicant for licensure, in determining whether to grant a license, the Board shall consider: The age at which the crime was committed; The nature of the crime; The circumstances surrounding the crime; The length of time that has passed since the crime; Subsequent work history; Employment and character references; and Other evidence that demonstrates whether the applicant poses a threat to public health or safety.

A license authorizes the licensee to practice optometry while the license is effective.

An applicant for a limited license shall: Submit to the Board: An application on the form the Board requires; and A written confirmation of participation from the institution in which the applicant intends to participate in a postgraduate teaching, research, or training program; and Submit to a criminal history records check in accordance with § 11–302.1 of this subtitle. The Board may waive the examination requirements of this subtitle and issue a limited license to practice optometry to an individual who: Is qualified for a postgraduate teaching, research, or training position; Is applying to participate in a postgraduate teaching, research, or training program approved by the Board under this subsection; Is eligible to sit for the Maryland licensure examination; Is licensed, at the time of application, to practice optometry in another state; and Pays the fee set by the Board. A limited license authorizes the licensee for 1 year to practice optometry only: At the institution that has been approved by the Board and is designated on the individual’s license; At other institutions that are affiliated with the designated institution; and On the patients of the designated institution or its affiliates. The Board may renew a limited license once for an additional 1–year term if the holder: Otherwise meets the requirements of this section; Submits a renewal application to the Board on the form that the Board requires; Pays to the Board the limited license renewal fee set by the Board; and Submits to the Board satisfactory evidence of having completed a criminal history records check in accordance with § 11–302.1 of this subtitle.

A license expires on the date set by the Board, unless the license is renewed for an additional term as provided in this section. A license may not be renewed for a term longer than 2 years. At least 1 month before a license expires, the Board shall send to the licensee, by electronic means or first–class mail to the last known electronic or physical address of the licensee, a renewal notice that states: The date on which the current license expires; The date by which the renewal application must be received by the Board for the renewal to be issued and mailed before the license expires; and The amount of the renewal fee. Before the license expires, a licensee periodically may renew it for an additional 2-year term, if the licensee: Otherwise is entitled to be licensed; Pays to the Board a renewal fee set by the Board; and Submits to the Board: A renewal application on the form that the Board requires; and Satisfactory evidence of compliance with the continuing education requirements set under this subtitle for license renewal. Beginning August 1, 2026, the Board shall require a criminal history records check in accordance with § 11–302.1 of this subtitle for: License renewal applicants as determined by regulations adopted by the Board; and Each former licensee who files for reinstatement after failing to renew a license. The Board may not renew or reinstate a license if the criminal history record information required under § 11–302.1 of this subtitle has not been received. The Board shall renew the license of and issue a renewal certificate to each licensee who meets the requirements of this section. If an optometrist does not renew a license before its expiration date, the Board shall send to the optometrist a notice stating that the license will expire 30 days after the notice is sent unless the optometrist applies for renewal within the grace period.

In addition to any other qualifications and requirements established by the Board, the Board shall establish continuing education requirements as a condition to the renewal of licenses and certificates under this title. The continuing education required by the Board shall be in courses approved by the Board. The Board may not require a nontherapeutically certified optometrist to attend more than 50 hours in any licensing period. The Board shall require a therapeutically certified optometrist to attend at least 50 hours of continuing education in a licensing period. In each licensing period, a therapeutically certified optometrist shall attend 30 hours of continuing education on the use and management of therapeutic pharmaceutical agents. The 30 hours of continuing education required under subparagraph (i) of this paragraph shall be counted toward the total number of required hours of continuing education in a licensing period. At the time a licensee applies for license renewal, the licensee shall submit to the Board, on a form provided by the Board, a certification that the licensee has attended the required courses. The Board may refuse to renew the license of a licensee who has failed: To attend the required courses; or To submit certification of attendance at the required courses. The Board may waive the continuing education requirements in cases of illness or other undue hardship on the licensee. The Board may use any funds allocated to it for continuing education as State funds to match federal funds for providing continuing education.

The Board shall place a licensee on inactive status, if the licensee submits to the Board: An application for inactive status on the form required by the Board; and The inactive status fee set by the Board. The Board may not place a licensee on inactive status for more than 6 consecutive years. The Board shall issue a license to an individual who is on inactive status if the individual: Meets any continuing education requirements set by the Board; Pays to the Board the reinstatement fee set by the Board; and Submits to a criminal history records check in accordance with § 11–302.1 of this subtitle. The Board may reinstate the license of an optometrist whose license has been expired for less than 5 years and who has not been put on inactive status, if the optometrist: Has met the continuing education requirements set by the Board; Meets the renewal requirements of § 11–308 of this subtitle; Pays to the Board the reinstatement fee set by the Board; and Submits to a criminal history records check in accordance with § 11–302.1 of this subtitle. The Board may not reinstate the license of an optometrist whose license has been expired for 5 years or more and who has not been put on inactive status, unless the optometrist: Passes all parts of any examination required by the Board; Submits to a criminal history records check in accordance with § 11–302.1 of this subtitle; and Otherwise meets the requirements of subsection (b) of this section. The Board may reactivate a licensee on inactive status only if the licensee attests that the licensee has submitted to a criminal history records check under § 11–302.1 of this subtitle.

Each licensee shall display the license conspicuously in the office of the licensee. A licensee practicing optometry away from the licensee’s office shall give to the patient a statement that contains the licensee’s home address, license number, and signature.

Unless the Board agrees to accept the surrender of a license, a licensed optometrist may not surrender the license nor may the license lapse by operation of law while the licensee is under investigation or while charges are pending against the optometrist. The Board may set conditions on its agreement with the optometrist under investigation or against whom charges are pending to accept surrender of the optometrist’s license.

Subject to the hearing provisions of § 11–315 of this subtitle, the Board, on the affirmative vote of a majority of its members then serving, may deny a license to any applicant, reprimand any licensee, place any licensee on probation, or suspend or revoke a license if the applicant or licensee: Fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another; Fraudulently or deceptively uses a license; Is convicted of or pleads guilty or nolo contendere to a felony or to a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside; Abandons a patient; Provides professional services while: Under the influence of alcohol; or Using any narcotic or controlled dangerous substance, as defined in § 5–101 of the Criminal Law Article, or other drug that is in excess of therapeutic amounts or without valid medical indication; Promotes the sale of devices, appliances, or goods to a patient so as to exploit the patient for financial gain; Willfully makes or files a false report or record in the practice of optometry; Willfully fails to file or record any optometric report as required by law; Willfully impedes or obstructs the filing or recording of any optometric report as required by law; Willfully induces another to fail to file or record any optometric report as required by law; Fails to provide details of the optometric record of a patient to a physician or another optometrist on proper request by the patient; Employs another person as a solicitor of business; Splits or agrees to split a fee for optometric services with any person for bringing or referring a patient; Makes a willful misrepresentation in treatment; Aids an unauthorized person in the practice of optometry; Grossly and willfully: Overcharges for optometric services; or Submits false statements to collect fees for which services are not provided; Behaves immorally in the practice of optometry; Is professionally, physically or mentally incompetent; Advertises in a false or misleading manner; Has had a license to practice optometry denied, suspended or revoked in another state, or has been disciplined by any branch of the uniformed services or the U.S. Department of Veterans Affairs, for an act which would be grounds for disciplinary action under the Board’s disciplinary statutes; Has violated any provision of this title; Violates any rule or regulation adopted by the Board; Commits an act of unprofessional conduct in the practice of optometry; Refuses, withholds from, denies, or discriminates against an individual with regard to the provision of professional services for which the licensee is licensed and qualified to render because the individual is HIV positive; Willfully engages in conduct that is likely to deceive, defraud, or harm the public; Knowingly fails to report suspected child abuse in violation of § 5–704 of the Family Law Article; or Engages in conduct which exhibits an inappropriate standard of care.

If after a hearing under § 11-315 of this subtitle the Board finds that there are grounds under § 11-313 of this subtitle to suspend or revoke a license, the Board may impose a penalty not exceeding $5,000: Instead of suspending the license; or In addition to suspending or revoking the license. The Board shall adopt rules and regulations to set standards for the imposition of penalties under this section. The Board shall pay any penalty collected under this section into the General Fund of this State.

Except as otherwise provided in the Administrative Procedure Act, before the Board takes any action under § 11-313 of this subtitle, it shall give the licensee against whom the action is contemplated an opportunity for a hearing before the Board. The Board shall give notice and hold the hearing in accordance with the Administrative Procedure Act. The individual may be represented at the hearing by counsel. The Board may issue subpoenas in connection with any investigation of charges under § 11-313 of this subtitle or proceeding under this section. If after due notice the individual against whom the action is contemplated fails or refuses to appear, nevertheless the Board may hear and determine the matter.

If the Board finds that there are grounds under § 11-313 of this subtitle for action, the Board shall pass an order in accordance with the Administrative Procedure Act. If the Board finds that there are no grounds under § 11-313 of this subtitle for action, the Board: Immediately shall dismiss the charges and exonerate the licensee; Shall expunge all records that relate to the charges; and May not take any further action on the charges.

The Board shall include in any order of suspension or revocation the specific terms and conditions of the suspension or revocation. Except as provided in § 11-318(c) of this subtitle for a stay pending review, when the Board files an order of suspension or revocation, it is effective, in accordance with its terms and conditions, immediately. The Board shall keep a copy of each order of suspension or revocation as a permanent record.

Except as provided in this section for an action under § 11–313 of this subtitle, any person aggrieved by a final decision of the Board in a contested case, as defined in the Administrative Procedure Act, may petition for judicial review as allowed by the Administrative Procedure Act. Any person aggrieved by a final decision of the Board under § 11–313 of this subtitle may not appeal to the Secretary but may take a direct judicial appeal as provided in the Administrative Procedure Act. If an optometrist seeks judicial review of an order of suspension or revocation by the Board, the order shall be stayed until the optometrist’s judicial remedies are exhausted.

The Board may reinstate the license of any individual whose license has been suspended or revoked under this title only in accordance with: The terms and conditions of the order of suspension or revocation; An order of reinstatement issued by the Board; or A final judgment in any proceeding for review.

This section does not apply to: An individual licensed under Title 14, Subtitle 3 of this article; or An individual supervised by an individual licensed under Title 14, Subtitle 3 of this article. The Board may issue a cease and desist order or obtain injunctive relief for a violation of any provision of § 11–313 of this subtitle or § 11–501, § 11–502, or § 11–504 of this title. An action may be maintained in the name of the State or the Board to enjoin: The unauthorized practice of optometry; The misrepresentation of the practice of optometry; The act of knowingly dispensing contact lenses or replacement contact lenses without a valid and unexpired prescription or a replacement contact lens prescription; or Conduct that is grounds for disciplinary action under § 11–313 of this subtitle. An action under this subsection may be brought by: The Board, in its own name; The Attorney General, in the name of the State; or A State’s Attorney, in the name of the State. An action under this subsection shall be brought in the county where the defendant: Resides; or Engages in the act sought to be enjoined. Proof of actual damage or that any person will sustain any damage if an injunction is not granted is not required for an action under this subsection. An action under this subsection is in addition to and not instead of criminal prosecution for disciplinary action under § 11–313 of this subtitle or the unauthorized practice of optometry under §§ 11–501, 11–502, and 11–504 of this title.