1 | | - | Sixty-ninth Legislative Assembly of North Dakota |
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2 | | - | In Regular Session Commencing Tuesday, January 7, 2025 |
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3 | | - | HOUSE BILL NO. 1267 |
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4 | | - | (Representatives Warrey, Louser, M. Ruby, Vollmer) |
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5 | | - | (Senators Barta, Roers) |
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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, |
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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 |
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8 | | - | Century Code, relating to optometrist licensure. |
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| 1 | + | 25.0935.01002 |
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| 2 | + | Title.02000 |
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| 3 | + | Adopted by the Industry, Business and |
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| 4 | + | Labor Committee |
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| 5 | + | Sixty-ninth |
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| 6 | + | February 11, 2025 |
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| 7 | + | Legislative Assembly |
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| 8 | + | of North Dakota |
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| 9 | + | Introduced by |
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| 10 | + | Representatives Warrey, Louser, M. Ruby, Vollmer |
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| 11 | + | Senators Barta, Roers |
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| 12 | + | A BILL for an Act to amend and reenact sections 43-13-01, 43-13-02, 43-13-05, 43-13-07, |
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| 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 |
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| 14 | + | North Dakota Century Code, relating to optometrist licensure. |
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15 | | - | 2."Diagnosis and treatment" means the determination, interpretation, and treatment of any |
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16 | | - | visual, muscular, neurological, interpretative, or anatomical anomaly of the eye which may be |
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17 | | - | aided, relieved, or corrected through visual training procedures or through the use of lenses, |
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18 | | - | prisms, filters, ophthalmic instruments, pharmaceutical agents, or combinations thereof, held |
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19 | | - | either in contact with the eye, or in frames or mountings, as further authorized by this chapter. |
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20 | | - | Laser therapy and the use of invasive surgery are not permitted under this chapter, except |
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21 | | - | superficial foreign bodies may be removed and primary care procedures may be performed. |
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22 | | - | 3."Optometry" means a primary health care profession whose practitioners are engaged in the |
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23 | | - | evaluation of disorders of the human eye and the examination, diagnosis, and treatment |
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24 | | - | thereof, together with its appendagesDistant site provider" means a provider of optometric |
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25 | | - | services through telemedicine from a site other than the patient's origination site. A distant site |
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26 | | - | provider must hold an active license to practice optometry in this state. |
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27 | | - | 4."Optometric services" means any evaluation, examination, diagnosis, or treatment provided |
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28 | | - | for a patient within the scope of practice of optometry. The term includes the prescription of |
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29 | | - | pharmaceutical agents by a provider to a patient. |
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| 21 | + | 2."Diagnosis and treatment" means the determination, interpretation, and treatment of |
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| 22 | + | any visual, muscular, neurological, interpretative, or anatomical anomaly of the eye |
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| 23 | + | which may be aided, relieved, or corrected through visual training procedures or |
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| 24 | + | through the use of lenses, prisms, filters, ophthalmic instruments, pharmaceutical |
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| 25 | + | agents, or combinations thereof, held either in contact with the eye, or in frames or |
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| 26 | + | mountings, as further authorized by this chapter. Laser therapy and the use of invasive |
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| 27 | + | surgery are not permitted under this chapter, except superficial foreign bodies may be |
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| 28 | + | removed and primary care procedures may be performed. |
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| 29 | + | 3."Optometry" means a primary health care profession whose practitioners are engaged |
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| 30 | + | in the evaluation of disorders of the human eye and the examination, diagnosis, and |
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| 31 | + | treatment thereof, together with its appendagesDistant site provider" means a provider |
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| 32 | + | Page No. 1 25.0935.01002 |
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| 33 | + | HOUSE BILL NO. 1267 |
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| 34 | + | PROPOSED AMENDMENTS TO |
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| 54 | + | 20 Sixty-ninth |
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| 55 | + | Legislative Assembly |
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| 56 | + | of optometric services through telemedicine from a site other than the patient's |
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| 57 | + | origination site. A distant site provider must hold an active license to practice |
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| 58 | + | optometry in this state . |
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| 59 | + | 4."Optometric services" means any evaluation, examination, diagnosis, or treatment |
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| 60 | + | provided for a patient within the scope of practice of optometry. The term includes the |
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| 61 | + | prescription of pharmaceutical agents by a provider to a patient. |
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31 | | - | pharmaceutical agents. The term includes nonscheduled pharmaceutical agents, except for |
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32 | | - | acetaminophen with thirty milligrams of codeine, that have documented use in the treatment of |
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33 | | - | ocular-related disorders or diseases. As used in this subsection: |
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34 | | - | a."Diagnostic pharmaceutical agents" means pharmaceutical agents administered for the |
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35 | | - | evaluation and diagnosis of disorders of the human eye including anesthetics, mydriatics, |
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36 | | - | myotics, cycloplegics, diagnostic dyes, diagnostic stains, and pharmaceutical agents to |
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37 | | - | evaluate abnormal pupil responses. |
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38 | | - | b."Therapeutic pharmaceutical agents" includes topically administered and prescribed |
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39 | | - | pharmaceutical agents for treatment of ocular-related disorders or disease, locally |
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40 | | - | administered pharmaceutical agents for primary eye care procedures, oral anti-infective |
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41 | | - | agents, oral antihistaminic agents, and oral analgesics for the treatment of ocular-related |
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42 | | - | disorders or diseases. |
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43 | | - | 5.6."Practicing optometry" means: H. B. NO. 1267 - PAGE 2 |
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| 63 | + | pharmaceutical agents. The term includes nonscheduled pharmaceutical agents, |
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| 64 | + | except for acetaminophen with thirty milligrams of codeine, that have documented use |
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| 65 | + | in the treatment of ocular-related disorders or diseases. As used in this subsection: |
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| 66 | + | a."Diagnostic pharmaceutical agents" means pharmaceutical agents administered |
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| 67 | + | for the evaluation and diagnosis of disorders of the human eye including |
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| 68 | + | anesthetics, mydriatics, myotics, cycloplegics, diagnostic dyes, diagnostic stains, |
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| 69 | + | and pharmaceutical agents to evaluate abnormal pupil responses. |
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| 70 | + | b."Therapeutic pharmaceutical agents" includes topically administered and |
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| 71 | + | prescribed pharmaceutical agents for treatment of ocular-related disorders or |
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| 72 | + | disease, locally administered pharmaceutical agents for primary eye care |
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| 73 | + | procedures, oral anti-infective agents, oral antihistaminic agents, and oral |
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| 74 | + | analgesics for the treatment of ocular-related disorders or diseases. |
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| 75 | + | 5.6."Practicing optometry" means: |
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45 | | - | b.Employing any means for the measurement of the powers of vision or the adaptation of |
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46 | | - | lenses for the aid thereof. |
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47 | | - | c.Engaging in any manner in the practice of optometry. |
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48 | | - | SECTION 2. AMENDMENT. Section 43-13-02 of the North Dakota Century Code is amended and |
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49 | | - | reenacted as follows: |
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| 77 | + | b.Employing any means for the measurement of the powers of vision or the |
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| 78 | + | adaptation of lenses for the aid thereof. |
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| 79 | + | c.Engaging in any manner in the practice of optometry |
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| 80 | + | 6. "Practice of optometry" means the examination of the human eye and its appendages, |
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| 81 | + | and the employment of any means for the measurement of the powers of visions or |
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| 82 | + | any visual, muscular, neurological, interpretative, or anatomical anomalies of the visual |
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| 83 | + | processes, and the prescribing or employment of lenses, prism, frames, mountings, |
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| 84 | + | visual training procedure, the prescribing or administration, except by injection of |
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| 85 | + | pharmaceutical agents related to the diagnosis and treatment of the human eye and |
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| 86 | + | its appendages, and any other means or method for correction, remedy, or relief of |
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| 87 | + | Page No. 2 25.0935.01002 |
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| 118 | + | 31 Sixty-ninth |
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| 119 | + | Legislative Assembly |
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| 120 | + | any insufficiencies or abnormal conditions of the visual processes of the human eye |
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| 121 | + | and its appendages, including removal of superficial foreign bodies from the eye, |
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| 122 | + | except surgery. |
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| 123 | + | SECTION 2. AMENDMENT. Section 43-13-02 of the North Dakota Century Code is |
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| 124 | + | amended and reenacted as follows: |
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52 | | - | 1.Persons who sell spectacles, eyeglasses, or other articles of merchandise without attempting |
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53 | | - | to practice optometry. |
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54 | | - | 2.Student interns who are currently enrolled in an optometry school or college accredited by the |
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55 | | - | accreditation council on optometric education of the American optometric association, or its |
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56 | | - | successor agency, or who have graduated no more than threesix months prior, and are under |
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57 | | - | the immediate and direct supervision of a licensed optometrist. |
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| 127 | + | 1.Persons who sell spectacles, eyeglasses, or other articles of merchandise without |
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| 128 | + | attempting to practice optometry. |
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| 129 | + | 2.Student interns who are currently enrolled in an optometry school or college |
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| 130 | + | accredited by the accreditation council on optometric education of the American |
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| 131 | + | optometric association, or its successor agency, or who have graduated no more than |
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| 132 | + | threesix months prior, and are under the immediate and direct supervision of a |
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| 133 | + | licensed optometrist. |
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66 | | - | 3.At such times as may be required by the board, furnish a complete statement of receipts and |
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67 | | - | disbursements under oath, together with vouchers, receipts, and such other evidence of the |
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68 | | - | receipts and disbursements as may be required by the board. |
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69 | | - | SECTION 4. AMENDMENT. Section 43-13-07 of the North Dakota Century Code is amended and |
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70 | | - | reenacted as follows: |
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| 143 | + | 3.At such times as may be required by the board, furnish a complete statement of |
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| 144 | + | receipts and disbursements under oath, together with vouchers, receipts, and such |
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| 145 | + | other evidence of the receipts and disbursements as may be required by the board. |
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| 146 | + | SECTION 4. AMENDMENT. Section 43-13-07 of the North Dakota Century Code is |
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| 147 | + | amended and reenacted as follows: |
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72 | | - | A member of the board shall receive as compensation for each day the member actually is engaged |
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73 | | - | in performing the duties of office a per diem as established by the board, mileage and travel expenses |
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74 | | - | as are provided for in section 54-06-09, and additional allowance for other necessary expenses |
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75 | | - | incurred in attending said meeting not to exceed five dollars per day. All funds collected or received by |
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76 | | - | the board must be deposited and disbursed in accordance with section 54-44-12. |
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77 | | - | SECTION 5. AMENDMENT. Section 43-13-08 of the North Dakota Century Code is amended and |
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78 | | - | reenacted as follows: |
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| 149 | + | A member of the board shall receive as compensation for each day the member actually is |
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| 150 | + | engaged in performing the duties of office a per diem as established by the board, mileage and |
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| 182 | + | 31 Sixty-ninth |
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| 183 | + | Legislative Assembly |
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| 184 | + | travel expenses as are provided for in section 54-06-09, and additional allowance for other |
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| 185 | + | necessary expenses incurred in attending said meeting not to exceed five dollars per day. All |
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| 186 | + | funds collected or received by the board must be deposited and disbursed in accordance with |
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| 187 | + | section 54-44-12. |
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| 188 | + | SECTION 5. AMENDMENT. Section 43-13-08 of the North Dakota Century Code is |
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| 189 | + | amended and reenacted as follows: |
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87 | | - | 2.To make and enforce such rules and regulations consistent with law as may be necessary for |
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88 | | - | the proper performance of its duties; the effective enforcement of this chapter; the reasonable |
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89 | | - | regulation of the profession of optometry and the practice thereof by persons licensed under |
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90 | | - | this chapter; and to protect the health, welfare, and safety of the citizens of this state. |
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91 | | - | 3.To proceed in the courts of this state by injunction when considered necessary to restrain any |
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92 | | - | violation of this chapter. |
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| 199 | + | 2.To make and enforce such rules and regulations consistent with law as may be |
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| 200 | + | necessary for the proper performance of its duties; the effective enforcement of this |
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| 201 | + | chapter; the reasonable regulation of the profession of optometry and the practice |
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| 202 | + | thereof by persons licensed under this chapter; and to protect the health, welfare, and |
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| 203 | + | safety of the citizens of this state. |
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| 204 | + | 3.To proceed in the courts of this state by injunction when considered necessary to |
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| 205 | + | restrain any violation of this chapter. |
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102 | | - | SECTION 7. AMENDMENT. Section 43-13-13.2 of the North Dakota Century Code is amended and |
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103 | | - | reenacted as follows: |
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104 | | - | 43-13-13.2. Practice of optometry - Certification requirements - NotificationRequirements to |
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105 | | - | practice optometry - Informed consent . |
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106 | | - | 1.Any person engaged in visual training procedures or who employs or prescribes lenses, |
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107 | | - | prisms, filters, ophthalmic instruments, or combinations thereof, held either in contact with the |
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108 | | - | eye, or in frames or mounting, to aid, relieve, or correct any visual or ocular anomaly, or holds |
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109 | | - | out as being able to do so, is deemed to be engaged in the practice of optometry. |
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110 | | - | 2.Before any optometrist may prescribe and administer pharmaceutical agents in the treatment |
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111 | | - | and management of ocular diseases, the optometrist must first be certified or qualify for |
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112 | | - | certification in the use of diagnostic pharmaceutical agents. For additional certification to |
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113 | | - | prescribe and administer pharmaceutical agents in the treatment and management of ocular |
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114 | | - | disease, the board shall require at least seventy-six hours of didactic instruction and |
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115 | | - | twenty-four hours of clinical application of pharmaceutical agents for the treatment and |
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116 | | - | management of ocular diseases. The course for therapeutic certification must be provided by |
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117 | | - | an institution accredited by a regional or professional accrediting organization that is |
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118 | | - | recognized and approved by the United States department of education or the council on |
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119 | | - | postsecondary accreditation. |
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120 | | - | 3.An optometrist may not dispense therapeutic pharmaceutical agents, except an optometrist |
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121 | | - | may: H. B. NO. 1267 - PAGE 4 |
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| 246 | + | 31 Sixty-ninth |
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| 247 | + | Legislative Assembly |
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| 248 | + | SECTION 7. AMENDMENT. Section 43-13-13.2 of the North Dakota Century Code is |
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| 249 | + | amended and reenacted as follows: |
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| 250 | + | 43-13-13.2. Practice of optometry - Certification requirements - |
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| 251 | + | NotificationRequirements to practice optometry - Informed consent . |
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| 252 | + | 1.Any person engaged in visual training procedures or who employs or prescribes |
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| 253 | + | lenses, prisms, filters, ophthalmic instruments, or combinations thereof, held either in |
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| 254 | + | contact with the eye, or in frames or mounting, to aid, relieve, or correct any visual or |
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| 255 | + | ocular anomaly, or holds out as being able to do so, is deemed to be engaged in the |
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| 256 | + | practice of optometry. |
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| 257 | + | 2.Before any optometrist may prescribe and administer pharmaceutical agents in the |
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| 258 | + | treatment and management of ocular diseases, the optometrist must first be certified |
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| 259 | + | or qualify for certification in the use of diagnostic pharmaceutical agents. For additional |
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| 260 | + | certification to prescribe and administer pharmaceutical agents in the treatment and |
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| 261 | + | management of ocular disease, the board shall require at least seventy-six hours of |
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| 262 | + | didactic instruction and twenty-four hours of clinical application of pharmaceutical |
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| 263 | + | agents for the treatment and management of ocular diseases. The course for |
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| 264 | + | therapeutic certification must be provided by an institution accredited by a regional or |
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| 265 | + | professional accrediting organization that is recognized and approved by the United |
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| 266 | + | States department of education or the council on postsecondary accreditation. |
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| 267 | + | 3.An optometrist may not dispense therapeutic pharmaceutical agents, except an |
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| 268 | + | optometrist may: |
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123 | | - | b.Sell contact lenses or ophthalmic devices that are classified by the federal food and drug |
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124 | | - | administration as a drug. |
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125 | | - | 4.3.The board shall provide the board of pharmacy upon request a list of licensed optometrists |
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126 | | - | certified in the use of pharmaceutical agents.An optometric telemedicine provider-patient |
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127 | | - | relationship is established when a patient seeks optometric services from a provider, and the |
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128 | | - | provider agrees to provide optometric services to the patient, except in an emergency. The |
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129 | | - | provider-patient relationship may be expressly created or created through implication; |
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130 | | - | however, the provider-patient relationship is not created through receipt of patient health |
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131 | | - | information by the provider unless a prior provider-patient relationship exists. The initial patient |
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132 | | - | relationship must be established through an eye examination conducted by a licensed |
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133 | | - | optometrist with a physical location in this state. |
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134 | | - | 4.A licensed optometrist may act as a distant site provider and use telemedicine to provide care |
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135 | | - | in accordance with standards of practice established by the board by rule. Telemedicine |
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136 | | - | services may include consultation, diagnosis, and treatment for ocular diseases, provided that |
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137 | | - | the optometrist complies with the regulations under this section. Before providing any |
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138 | | - | optometric services to a patient via telemedicine, the provider first shall provide appropriate |
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139 | | - | verification of the provider's identification, licensure, and current contact information. |
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140 | | - | 5.Informed consent regarding the optometric services to be provided via telemedicine must |
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141 | | - | include, at a minimum, information regarding the provider's technology used to provide |
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142 | | - | optometric services via telemedicine and how to mitigate or resolve any technological |
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143 | | - | disconnection or issue. |
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144 | | - | SECTION 8. AMENDMENT. Section 43-13-13.3 of the North Dakota Century Code is amended and |
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145 | | - | reenacted as follows: |
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| 270 | + | b.Sell contact lenses or ophthalmic devices that are classified by the federal food |
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| 271 | + | and drug administration as a drug. |
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| 272 | + | 4.3.The board shall provide the board of pharmacy upon request a list of licensed |
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| 273 | + | optometrists certified in the use of pharmaceutical agents.An optometric telemedicine |
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| 274 | + | provider-patient relationship is established when a patient seeks optometric services |
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| 275 | + | from a provider, and the provider agrees to provide optometric services to the patient, |
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| 276 | + | except in an emergency. The provider-patient relationship may be expressly created or |
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| 277 | + | created through implication; however, the provider-patient relationship is not created |
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| 278 | + | through receipt of patient health information by the provider unless a prior provider- |
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| 310 | + | 31 Sixty-ninth |
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| 311 | + | Legislative Assembly |
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| 312 | + | patient relationship exists. The initial patient relationship must be established through |
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| 313 | + | an eye examination conducted by a licensed optometrist with a physical location in this |
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| 314 | + | state. |
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| 315 | + | 4.A licensed optometrist may act as a distant site provider and use telemedicine to |
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| 316 | + | provide care in accordance with standards of practice established by the board by |
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| 317 | + | rule . Telemedicine services may include consultation, diagnosis, and treatment for |
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| 318 | + | ocular diseases, provided that the optometrist complies with the regulations under this |
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| 319 | + | section. Before providing any optometric services to a patient via telemedicine, the |
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| 320 | + | provider first shall provide appropriate verification of the provider's identification, |
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| 321 | + | licensure, and current contact information. |
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| 322 | + | 5.Informed consent regarding the optometric services to be provided via telemedicine |
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| 323 | + | must include, at a minimum, information regarding the provider's technology used to |
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| 324 | + | provide optometric services via telemedicine and how to mitigate or resolve any |
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| 325 | + | technological disconnection or issue. |
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| 326 | + | SECTION 8. AMENDMENT. Section 43-13-13.3 of the North Dakota Century Code is |
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| 327 | + | amended and reenacted as follows: |
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147 | | - | 1.An optometrist certified by the board in the use of pharmaceutical agents as provided in this |
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148 | | - | chapter must be held to the same standard of care in the use of such agents as are physicians licensed |
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149 | | - | by the North Dakota board of medicine. |
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150 | | - | 2.Any optometrist authorized by the board to use pharmaceutical agents shall consult with a |
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151 | | - | physician duly licensed to practice medicine when any diseased or pathological conditions of |
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152 | | - | the eye do not respond to treatment. The consultation must be documented in the patient's |
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153 | | - | record. |
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154 | | - | SECTION 9. AMENDMENT. Section 43-13-15 of the North Dakota Century Code is amended and |
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155 | | - | reenacted as follows: |
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| 329 | + | 1.An optometrist certified by the board in the use of pharmaceutical agents as provided in |
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| 330 | + | this chapter must be held to the same standard of care in the use of such agents as are |
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| 331 | + | physicians licensed by the North Dakota board of medicine. |
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| 332 | + | 2.Any optometrist authorized by the board to use pharmaceutical agents shall consult |
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| 333 | + | with a physician duly licensed to practice medicine when any diseased or pathological |
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| 334 | + | conditions of the eye do not respond to treatment. The consultation must be |
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| 335 | + | documented in the patient's record. |
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| 336 | + | SECTION 9. AMENDMENT. Section 43-13-15 of the North Dakota Century Code is |
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| 337 | + | amended and reenacted as follows: |
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163 | | - | Any licensed optometrist, however, may fit and vend eyeglasses, spectacles, and lenses at any place in |
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164 | | - | this state. Notwithstanding any other provision of law, it is unlawful for any person, or any |
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165 | | - | entity other than a licensed optometrist or a licensed physician to dispense, fit, or prescribe to H. B. NO. 1267 - PAGE 5 |
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166 | | - | the public contact lenses, or any medical appliance having direct contact with the cornea of |
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167 | | - | the eye. |
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168 | | - | SECTION 10. AMENDMENT. Section 43-13-16 of the North Dakota Century Code is amended and |
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169 | | - | reenacted as follows: |
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| 378 | + | Any licensed optometrist, however, may fit and vend eyeglasses, spectacles, and lenses at any |
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| 379 | + | place in this state. Notwithstanding any other provision of law, it is unlawful for any |
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| 380 | + | person, or any entity other than a licensed optometrist or a licensed physician to |
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| 381 | + | dispense, fit, or prescribe to the public contact lenses, or any medical appliance |
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| 382 | + | having direct contact with the cornea of the eye. |
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| 383 | + | SECTION 10. AMENDMENT. Section 43-13-16 of the North Dakota Century Code is |
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| 384 | + | amended and reenacted as follows: |
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191 | | - | Every applicant for a license to practice optometry in this state who meets the standards required |
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192 | | - | for licensure, including successfully passing the required examination, must be licensed upon payment |
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193 | | - | to the secretaryexecutive director of the board of a reasonable sum fixed by the board. H. B. NO. 1267 - PAGE 6 |
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194 | | - | ____________________________ ____________________________ |
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195 | | - | Speaker of the House President of the Senate |
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196 | | - | ____________________________ ____________________________ |
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197 | | - | Chief Clerk of the House Secretary of the Senate |
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198 | | - | This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative |
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199 | | - | Assembly of North Dakota and is known on the records of that body as House Bill No. 1267. |
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200 | | - | House Vote: Yeas 81 Nays 2 Absent 11 |
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201 | | - | Senate Vote:Yeas 47 Nays 0 Absent 0 |
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202 | | - | ____________________________ |
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203 | | - | Chief Clerk of the House |
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204 | | - | Received by the Governor at ________M. on _____________________________________, 2025. |
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205 | | - | Approved at ________M. on __________________________________________________, 2025. |
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206 | | - | ____________________________ |
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207 | | - | Governor |
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208 | | - | Filed in this office this ___________day of _______________________________________, 2025, |
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209 | | - | at ________ o’clock ________M. |
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210 | | - | ____________________________ |
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211 | | - | Secretary of State |
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| 437 | + | Every applicant for a license to practice optometry in this state who meets the standards |
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| 438 | + | required for licensure, including successfully passing the required examination, must be |
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| 439 | + | licensed upon payment to the secretaryexecutive director of the board of a reasonable sum |
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| 440 | + | fixed by the board. |
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| 441 | + | Page No. 8 25.0935.01002 |
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