North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1267 Compare Versions

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1-Sixty-ninth Legislative Assembly of North Dakota
2-In Regular Session Commencing Tuesday, January 7, 2025
3-HOUSE BILL NO. 1267
4-(Representatives Warrey, Louser, M. Ruby, Vollmer)
5-(Senators Barta, Roers)
6-AN ACT to amend and reenact sections 43-13-01, 43-13-02, 43-13-05, 43-13-07, 43-13-08, 43-13-13,
7-43-13-13.2, 43-13-13.3, 43-13-15, 43-13-16, 43-13-17, and 43-13-19 of the North Dakota
8-Century Code, relating to optometrist licensure.
1+25.0935.01002
2+Title.02000
3+Adopted by the Industry, Business and
4+Labor Committee
5+Sixty-ninth
6+February 11, 2025
7+Legislative Assembly
8+of North Dakota
9+Introduced by
10+Representatives Warrey, Louser, M. Ruby, Vollmer
11+Senators Barta, Roers
12+A BILL for an Act to amend and reenact sections 43-13-01, 43-13-02, 43-13-05, 43-13-07,
13+43-13-08, 43-13-13, 43-13-13.2, 43-13-13.3, 43-13-15, 43-13-16, 43-13-17, and 43-13-19 of the
14+North Dakota Century Code, relating to optometrist licensure.
915 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
10-SECTION 1. AMENDMENT. Section 43-13-01 of the North Dakota Century Code is amended and
11-reenacted as follows:
16+SECTION 1. AMENDMENT. Section 43-13-01 of the North Dakota Century Code is
17+amended and reenacted as follows:
1218 43-13-01. Definitions.
1319 In this chapter, unless the context or subject matter otherwise requires:
1420 1."Board" means the North Dakota state board of optometry.
15-2."Diagnosis and treatment" means the determination, interpretation, and treatment of any
16-visual, muscular, neurological, interpretative, or anatomical anomaly of the eye which may be
17-aided, relieved, or corrected through visual training procedures or through the use of lenses,
18-prisms, filters, ophthalmic instruments, pharmaceutical agents, or combinations thereof, held
19-either in contact with the eye, or in frames or mountings, as further authorized by this chapter.
20-Laser therapy and the use of invasive surgery are not permitted under this chapter, except
21-superficial foreign bodies may be removed and primary care procedures may be performed.
22-3."Optometry" means a primary health care profession whose practitioners are engaged in the
23-evaluation of disorders of the human eye and the examination, diagnosis, and treatment
24-thereof, together with its appendagesDistant site provider" means a provider of optometric
25-services through telemedicine from a site other than the patient's origination site. A distant site
26-provider must hold an active license to practice optometry in this state.
27-4."Optometric services" means any evaluation, examination, diagnosis, or treatment provided
28-for a patient within the scope of practice of optometry. The term includes the prescription of
29-pharmaceutical agents by a provider to a patient.
21+2."Diagnosis and treatment" means the determination, interpretation, and treatment of
22+any visual, muscular, neurological, interpretative, or anatomical anomaly of the eye
23+which may be aided, relieved, or corrected through visual training procedures or
24+through the use of lenses, prisms, filters, ophthalmic instruments, pharmaceutical
25+agents, or combinations thereof, held either in contact with the eye, or in frames or
26+mountings, as further authorized by this chapter. Laser therapy and the use of invasive
27+surgery are not permitted under this chapter, except superficial foreign bodies may be
28+removed and primary care procedures may be performed.
29+3."Optometry" means a primary health care profession whose practitioners are engaged
30+in the evaluation of disorders of the human eye and the examination, diagnosis, and
31+treatment thereof, together with its appendagesDistant site provider" means a provider
32+Page No. 1 25.0935.01002
33+ HOUSE BILL NO. 1267
34+PROPOSED AMENDMENTS TO
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56+of optometric services through telemedicine from a site other than the patient's
57+origination site. A distant site provider must hold an active license to practice
58+optometry in this state .
59+4."Optometric services" means any evaluation, examination, diagnosis, or treatment
60+provided for a patient within the scope of practice of optometry. The term includes the
61+prescription of pharmaceutical agents by a provider to a patient.
3062 5."Pharmaceutical agent" means diagnostic pharmaceutical agents or therapeutic
31-pharmaceutical agents. The term includes nonscheduled pharmaceutical agents, except for
32-acetaminophen with thirty milligrams of codeine, that have documented use in the treatment of
33-ocular-related disorders or diseases. As used in this subsection:
34-a."Diagnostic pharmaceutical agents" means pharmaceutical agents administered for the
35-evaluation and diagnosis of disorders of the human eye including anesthetics, mydriatics,
36-myotics, cycloplegics, diagnostic dyes, diagnostic stains, and pharmaceutical agents to
37-evaluate abnormal pupil responses.
38-b."Therapeutic pharmaceutical agents" includes topically administered and prescribed
39-pharmaceutical agents for treatment of ocular-related disorders or disease, locally
40-administered pharmaceutical agents for primary eye care procedures, oral anti-infective
41-agents, oral antihistaminic agents, and oral analgesics for the treatment of ocular-related
42-disorders or diseases.
43-5.6."Practicing optometry" means: H. B. NO. 1267 - PAGE 2
63+pharmaceutical agents. The term includes nonscheduled pharmaceutical agents,
64+except for acetaminophen with thirty milligrams of codeine, that have documented use
65+in the treatment of ocular-related disorders or diseases. As used in this subsection:
66+a."Diagnostic pharmaceutical agents" means pharmaceutical agents administered
67+for the evaluation and diagnosis of disorders of the human eye including
68+anesthetics, mydriatics, myotics, cycloplegics, diagnostic dyes, diagnostic stains,
69+and pharmaceutical agents to evaluate abnormal pupil responses.
70+b."Therapeutic pharmaceutical agents" includes topically administered and
71+prescribed pharmaceutical agents for treatment of ocular-related disorders or
72+disease, locally administered pharmaceutical agents for primary eye care
73+procedures, oral anti-infective agents, oral antihistaminic agents, and oral
74+analgesics for the treatment of ocular-related disorders or diseases.
75+5.6."Practicing optometry" means:
4476 a.Displaying a sign or in any way advertising as an optometrist.
45-b.Employing any means for the measurement of the powers of vision or the adaptation of
46-lenses for the aid thereof.
47-c.Engaging in any manner in the practice of optometry.
48-SECTION 2. AMENDMENT. Section 43-13-02 of the North Dakota Century Code is amended and
49-reenacted as follows:
77+b.Employing any means for the measurement of the powers of vision or the
78+adaptation of lenses for the aid thereof.
79+c.Engaging in any manner in the practice of optometry
80+ 6. "Practice of optometry" means the examination of the human eye and its appendages,
81+and the employment of any means for the measurement of the powers of visions or
82+any visual, muscular, neurological, interpretative, or anatomical anomalies of the visual
83+processes, and the prescribing or employment of lenses, prism, frames, mountings,
84+visual training procedure, the prescribing or administration, except by injection of
85+pharmaceutical agents related to the diagnosis and treatment of the human eye and
86+its appendages, and any other means or method for correction, remedy, or relief of
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120+any insufficiencies or abnormal conditions of the visual processes of the human eye
121+and its appendages, including removal of superficial foreign bodies from the eye,
122+except surgery.
123+SECTION 2. AMENDMENT. Section 43-13-02 of the North Dakota Century Code is
124+amended and reenacted as follows:
50125 43-13-02. Persons exempt from provisions of chapter.
51126 The provisions of this chapter do not apply to the following persons:
52-1.Persons who sell spectacles, eyeglasses, or other articles of merchandise without attempting
53-to practice optometry.
54-2.Student interns who are currently enrolled in an optometry school or college accredited by the
55-accreditation council on optometric education of the American optometric association, or its
56-successor agency, or who have graduated no more than threesix months prior, and are under
57-the immediate and direct supervision of a licensed optometrist.
127+1.Persons who sell spectacles, eyeglasses, or other articles of merchandise without
128+attempting to practice optometry.
129+2.Student interns who are currently enrolled in an optometry school or college
130+accredited by the accreditation council on optometric education of the American
131+optometric association, or its successor agency, or who have graduated no more than
132+threesix months prior, and are under the immediate and direct supervision of a
133+licensed optometrist.
58134 3.Physicians and surgeons licensed under chapter 43-17.
59-SECTION 3. AMENDMENT. Section 43-13-05 of the North Dakota Century Code is amended and
60-reenacted as follows:
61-43-13-05. SecretaryExecutive director of board - Duties - Record - Custodian of fees - Report.
62-The secretaryexecutive director of the board, or the secretary'sexecutive director's designee, has
63-the following duties:
135+SECTION 3. AMENDMENT. Section 43-13-05 of the North Dakota Century Code is
136+amended and reenacted as follows:
137+43-13-05. SecretaryExecutive director of board - Duties - Record - Custodian of fees -
138+Report.
139+The secretaryexecutive director of the board, or the secretary'sexecutive director's
140+designee, has the following duties:
64141 1.Keep a full record of the proceedings of the board.
65142 2.Be custodian of all fees coming into the possession of the board.
66-3.At such times as may be required by the board, furnish a complete statement of receipts and
67-disbursements under oath, together with vouchers, receipts, and such other evidence of the
68-receipts and disbursements as may be required by the board.
69-SECTION 4. AMENDMENT. Section 43-13-07 of the North Dakota Century Code is amended and
70-reenacted as follows:
143+3.At such times as may be required by the board, furnish a complete statement of
144+receipts and disbursements under oath, together with vouchers, receipts, and such
145+other evidence of the receipts and disbursements as may be required by the board.
146+SECTION 4. AMENDMENT. Section 43-13-07 of the North Dakota Century Code is
147+amended and reenacted as follows:
71148 43-13-07. Compensation and expenses of board members.
72-A member of the board shall receive as compensation for each day the member actually is engaged
73-in performing the duties of office a per diem as established by the board, mileage and travel expenses
74-as are provided for in section 54-06-09, and additional allowance for other necessary expenses
75-incurred in attending said meeting not to exceed five dollars per day. All funds collected or received by
76-the board must be deposited and disbursed in accordance with section 54-44-12.
77-SECTION 5. AMENDMENT. Section 43-13-08 of the North Dakota Century Code is amended and
78-reenacted as follows:
149+A member of the board shall receive as compensation for each day the member actually is
150+engaged in performing the duties of office a per diem as established by the board, mileage and
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184+travel expenses as are provided for in section 54-06-09, and additional allowance for other
185+necessary expenses incurred in attending said meeting not to exceed five dollars per day. All
186+funds collected or received by the board must be deposited and disbursed in accordance with
187+section 54-44-12.
188+SECTION 5. AMENDMENT. Section 43-13-08 of the North Dakota Century Code is
189+amended and reenacted as follows:
79190 43-13-08. SecretaryExecutive director of board - Compensation.
80-The secretaryexecutive director of the board shall receive for clerical expenses and other expenses
81-of the board an allowance, and a salary or other compensation, as the board shall determine. H. B. NO. 1267 - PAGE 3
82-SECTION 6. AMENDMENT. Section 43-13-13 of the North Dakota Century Code is amended and
83-reenacted as follows:
191+The secretaryexecutive director of the board shall receive for clerical expenses and other
192+expenses of the board an allowance, and a salary or other compensation, as the board shall
193+determine.
194+SECTION 6. AMENDMENT. Section 43-13-13 of the North Dakota Century Code is
195+amended and reenacted as follows:
84196 43-13-13. Duties of board.
85197 The board has the following duties:
86198 1.To enforce the provisions and carry out the purposes of this chapter.
87-2.To make and enforce such rules and regulations consistent with law as may be necessary for
88-the proper performance of its duties; the effective enforcement of this chapter; the reasonable
89-regulation of the profession of optometry and the practice thereof by persons licensed under
90-this chapter; and to protect the health, welfare, and safety of the citizens of this state.
91-3.To proceed in the courts of this state by injunction when considered necessary to restrain any
92-violation of this chapter.
199+2.To make and enforce such rules and regulations consistent with law as may be
200+necessary for the proper performance of its duties; the effective enforcement of this
201+chapter; the reasonable regulation of the profession of optometry and the practice
202+thereof by persons licensed under this chapter; and to protect the health, welfare, and
203+safety of the citizens of this state.
204+3.To proceed in the courts of this state by injunction when considered necessary to
205+restrain any violation of this chapter.
93206 4.To establish the following by rule:
94207 a.Application fees;
95208 b.License fees;
96209 c.Renewal fees;
97210 d.Late fees;
98211 e.Endorsement fees;
99212 f.Licensure verification fee;
100213 g.Decorative wall certificate fee; and
101214 h.Continuing education fees.
102-SECTION 7. AMENDMENT. Section 43-13-13.2 of the North Dakota Century Code is amended and
103-reenacted as follows:
104-43-13-13.2. Practice of optometry - Certification requirements - NotificationRequirements to
105-practice optometry - Informed consent .
106-1.Any person engaged in visual training procedures or who employs or prescribes lenses,
107-prisms, filters, ophthalmic instruments, or combinations thereof, held either in contact with the
108-eye, or in frames or mounting, to aid, relieve, or correct any visual or ocular anomaly, or holds
109-out as being able to do so, is deemed to be engaged in the practice of optometry.
110-2.Before any optometrist may prescribe and administer pharmaceutical agents in the treatment
111-and management of ocular diseases, the optometrist must first be certified or qualify for
112-certification in the use of diagnostic pharmaceutical agents. For additional certification to
113-prescribe and administer pharmaceutical agents in the treatment and management of ocular
114-disease, the board shall require at least seventy-six hours of didactic instruction and
115-twenty-four hours of clinical application of pharmaceutical agents for the treatment and
116-management of ocular diseases. The course for therapeutic certification must be provided by
117-an institution accredited by a regional or professional accrediting organization that is
118-recognized and approved by the United States department of education or the council on
119-postsecondary accreditation.
120-3.An optometrist may not dispense therapeutic pharmaceutical agents, except an optometrist
121-may: H. B. NO. 1267 - PAGE 4
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248+SECTION 7. AMENDMENT. Section 43-13-13.2 of the North Dakota Century Code is
249+amended and reenacted as follows:
250+43-13-13.2. Practice of optometry - Certification requirements -
251+NotificationRequirements to practice optometry - Informed consent .
252+1.Any person engaged in visual training procedures or who employs or prescribes
253+lenses, prisms, filters, ophthalmic instruments, or combinations thereof, held either in
254+contact with the eye, or in frames or mounting, to aid, relieve, or correct any visual or
255+ocular anomaly, or holds out as being able to do so, is deemed to be engaged in the
256+practice of optometry.
257+2.Before any optometrist may prescribe and administer pharmaceutical agents in the
258+treatment and management of ocular diseases, the optometrist must first be certified
259+or qualify for certification in the use of diagnostic pharmaceutical agents. For additional
260+certification to prescribe and administer pharmaceutical agents in the treatment and
261+management of ocular disease, the board shall require at least seventy-six hours of
262+didactic instruction and twenty-four hours of clinical application of pharmaceutical
263+agents for the treatment and management of ocular diseases. The course for
264+therapeutic certification must be provided by an institution accredited by a regional or
265+professional accrediting organization that is recognized and approved by the United
266+States department of education or the council on postsecondary accreditation.
267+3.An optometrist may not dispense therapeutic pharmaceutical agents, except an
268+optometrist may:
122269 a.Provide a patient a drug sample at no cost to the patient; or
123-b.Sell contact lenses or ophthalmic devices that are classified by the federal food and drug
124-administration as a drug.
125-4.3.The board shall provide the board of pharmacy upon request a list of licensed optometrists
126-certified in the use of pharmaceutical agents.An optometric telemedicine provider-patient
127-relationship is established when a patient seeks optometric services from a provider, and the
128-provider agrees to provide optometric services to the patient, except in an emergency. The
129-provider-patient relationship may be expressly created or created through implication;
130-however, the provider-patient relationship is not created through receipt of patient health
131-information by the provider unless a prior provider-patient relationship exists. The initial patient
132-relationship must be established through an eye examination conducted by a licensed
133-optometrist with a physical location in this state.
134-4.A licensed optometrist may act as a distant site provider and use telemedicine to provide care
135-in accordance with standards of practice established by the board by rule. Telemedicine
136-services may include consultation, diagnosis, and treatment for ocular diseases, provided that
137-the optometrist complies with the regulations under this section. Before providing any
138-optometric services to a patient via telemedicine, the provider first shall provide appropriate
139-verification of the provider's identification, licensure, and current contact information.
140-5.Informed consent regarding the optometric services to be provided via telemedicine must
141-include, at a minimum, information regarding the provider's technology used to provide
142-optometric services via telemedicine and how to mitigate or resolve any technological
143-disconnection or issue.
144-SECTION 8. AMENDMENT. Section 43-13-13.3 of the North Dakota Century Code is amended and
145-reenacted as follows:
270+b.Sell contact lenses or ophthalmic devices that are classified by the federal food
271+and drug administration as a drug.
272+4.3.The board shall provide the board of pharmacy upon request a list of licensed
273+optometrists certified in the use of pharmaceutical agents.An optometric telemedicine
274+provider-patient relationship is established when a patient seeks optometric services
275+from a provider, and the provider agrees to provide optometric services to the patient,
276+except in an emergency. The provider-patient relationship may be expressly created or
277+created through implication; however, the provider-patient relationship is not created
278+through receipt of patient health information by the provider unless a prior provider-
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312+patient relationship exists. The initial patient relationship must be established through
313+an eye examination conducted by a licensed optometrist with a physical location in this
314+state.
315+4.A licensed optometrist may act as a distant site provider and use telemedicine to
316+provide care in accordance with standards of practice established by the board by
317+rule . Telemedicine services may include consultation, diagnosis, and treatment for
318+ocular diseases, provided that the optometrist complies with the regulations under this
319+section. Before providing any optometric services to a patient via telemedicine, the
320+provider first shall provide appropriate verification of the provider's identification,
321+licensure, and current contact information.
322+5.Informed consent regarding the optometric services to be provided via telemedicine
323+must include, at a minimum, information regarding the provider's technology used to
324+provide optometric services via telemedicine and how to mitigate or resolve any
325+technological disconnection or issue.
326+SECTION 8. AMENDMENT. Section 43-13-13.3 of the North Dakota Century Code is
327+amended and reenacted as follows:
146328 43-13-13.3. Standard of care - When consultation with physician required.
147-1.An optometrist certified by the board in the use of pharmaceutical agents as provided in this
148-chapter must be held to the same standard of care in the use of such agents as are physicians licensed
149-by the North Dakota board of medicine.
150-2.Any optometrist authorized by the board to use pharmaceutical agents shall consult with a
151-physician duly licensed to practice medicine when any diseased or pathological conditions of
152-the eye do not respond to treatment. The consultation must be documented in the patient's
153-record.
154-SECTION 9. AMENDMENT. Section 43-13-15 of the North Dakota Century Code is amended and
155-reenacted as follows:
329+1.An optometrist certified by the board in the use of pharmaceutical agents as provided in
330+this chapter must be held to the same standard of care in the use of such agents as are
331+physicians licensed by the North Dakota board of medicine.
332+2.Any optometrist authorized by the board to use pharmaceutical agents shall consult
333+with a physician duly licensed to practice medicine when any diseased or pathological
334+conditions of the eye do not respond to treatment. The consultation must be
335+documented in the patient's record.
336+SECTION 9. AMENDMENT. Section 43-13-15 of the North Dakota Century Code is
337+amended and reenacted as follows:
156338 43-13-15. Unlawful to practice without license - Sale of glasses - Regulations.
157339 No
158-1.A person may not practice optometry in this state unless the person first obtains a license and
159-complies with the requirements of this chapter. Eyeglasses, spectacles, and lenses may be
160-vended as merchandise only:
340+1.A person may not practice optometry in this state unless the person first obtains a
341+license and complies with the requirements of this chapter. Eyeglasses, spectacles,
342+and lenses may be vended as merchandise only:
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161376 1.To dealers.
162377 2.From permanently located and established places of business in this state.
163-Any licensed optometrist, however, may fit and vend eyeglasses, spectacles, and lenses at any place in
164-this state. Notwithstanding any other provision of law, it is unlawful for any person, or any
165-entity other than a licensed optometrist or a licensed physician to dispense, fit, or prescribe to H. B. NO. 1267 - PAGE 5
166-the public contact lenses, or any medical appliance having direct contact with the cornea of
167-the eye.
168-SECTION 10. AMENDMENT. Section 43-13-16 of the North Dakota Century Code is amended and
169-reenacted as follows:
378+Any licensed optometrist, however, may fit and vend eyeglasses, spectacles, and lenses at any
379+place in this state. Notwithstanding any other provision of law, it is unlawful for any
380+person, or any entity other than a licensed optometrist or a licensed physician to
381+dispense, fit, or prescribe to the public contact lenses, or any medical appliance
382+having direct contact with the cornea of the eye.
383+SECTION 10. AMENDMENT. Section 43-13-16 of the North Dakota Century Code is
384+amended and reenacted as follows:
170385 43-13-16. Examination required - When given.
171-Before any person is granted a license to practice optometry in this state, the person must pass an
172-examination required by the board by rule. The examination may be conducted at such times and
173-places as are prescribed by the board.
174-SECTION 11. AMENDMENT. Section 43-13-17 of the North Dakota Century Code is amended and
175-reenacted as follows:
386+Before any person is granted a license to practice optometry in this state, the person must
387+pass an examination required by the board by rule. The examination may be conducted at such
388+times and places as are prescribed by the board.
389+SECTION 11. AMENDMENT. Section 43-13-17 of the North Dakota Century Code is
390+amended and reenacted as follows:
176391 43-13-17. Application for licensure - Contents - Educational requirements - Fee.
177-1.Any person desiring to take the examination for or to secure a license to practice optometry in
178-this state shall file with the secretaryexecutive director of the board a writtenan application in
179-the form prescribed by the board. An application for admission by examination must be filed at
180-least fifteen days before the date of the examination. The applicant also shall furnish
181-satisfactory proof that the applicant:
392+1.Any person desiring to take the examination for or to secure a license to practice
393+optometry in this state shall file with the secretaryexecutive director of the board a
394+writtenan application in the form prescribed by the board. An application for admission
395+by examination must be filed at least fifteen days before the date of the examination.
396+The applicant also shall furnish satisfactory proof that the applicant:
182397 1.a.Is at least eighteen years of age;
183398 2.b.Is a person of good moral character; and
184-3.c.Is a graduate of an optometry school or college accredited by the council on optometric
185-education.
399+3.c.Is a graduate of an optometry school or college accredited by the council on
400+optometric education.
186401 2.The applicant shall pay to the secretaryexecutive director of the board a registrationan
187402 application fee of a reasonable sum fixed by the board by rule.
188-SECTION 12. AMENDMENT. Section 43-13-19 of the North Dakota Century Code is amended and
189-reenacted as follows:
403+SECTION 12. AMENDMENT. Section 43-13-19 of the North Dakota Century Code is
404+amended and reenacted as follows:
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190436 43-13-19. License - When issued - Fee.
191-Every applicant for a license to practice optometry in this state who meets the standards required
192-for licensure, including successfully passing the required examination, must be licensed upon payment
193-to the secretaryexecutive director of the board of a reasonable sum fixed by the board. H. B. NO. 1267 - PAGE 6
194-____________________________ ____________________________
195-Speaker of the House President of the Senate
196-____________________________ ____________________________
197-Chief Clerk of the House Secretary of the Senate
198-This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative
199-Assembly of North Dakota and is known on the records of that body as House Bill No. 1267.
200-House Vote: Yeas 81 Nays 2 Absent 11
201-Senate Vote:Yeas 47 Nays 0 Absent 0
202-____________________________
203-Chief Clerk of the House
204-Received by the Governor at ________M. on _____________________________________, 2025.
205-Approved at ________M. on __________________________________________________, 2025.
206-____________________________
207-Governor
208-Filed in this office this ___________day of _______________________________________, 2025,
209-at ________ o’clock ________M.
210-____________________________
211-Secretary of State
437+Every applicant for a license to practice optometry in this state who meets the standards
438+required for licensure, including successfully passing the required examination, must be
439+licensed upon payment to the secretaryexecutive director of the board of a reasonable sum
440+fixed by the board.
441+Page No. 8 25.0935.01002
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