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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 413-S.F.No. 1231 
                  An act relating to professions; modifying provisions 
                  relating to optometrist licensing; amending Minnesota 
                  Statutes 1998, sections 148.57, subdivision 1; and 
                  148.61, subdivision 5; proposing coding for new law in 
                  Minnesota Statutes, chapter 148. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1998, section 148.57, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [EXAMINATION.] (a) A person not authorized 
        to practice optometry in the state and desiring to do so shall 
        apply to the director of the state board of optometry and pay to 
        the board a fee in an amount set by the board.  The candidate 
        desiring to apply to the board shall complete a form furnished 
        by the board.  With the submission of the application form, the 
        candidate shall prove that the candidate (a): 
           (1) is of good moral character, and (b)  is a graduate of; 
           (2) has obtained a clinical doctorate from an optometry 
        school requiring at least two academic years of preprofessional 
        training for admittance to such the school and which has been 
        approved by the board, or is currently enrolled in the final 
        year of study at such a school,; and 
           (3) pass passed all parts of an examination.  
           (b) The examination shall include both a written portion 
        and a clinical practical portion and shall thoroughly test the 
        fitness of the candidate to practice in this state.  In regard 
        to the written and clinical practical examinations, the 
        board (a) may: 
           (1) prepare, administer, and grade the examination 
        itself or (b) may; 
           (2) recognize and approve in whole or in part an 
        examination prepared, administered and graded by a national 
        board of examiners in optometry; or (c) may 
           (3) administer a recognized and approved examination 
        prepared and graded by or under the direction of a national 
        board of examiners in optometry.  
           (c) The board shall issue a license to each applicant who 
        satisfactorily passes the examinations and fulfills the other 
        requirements stated in this section.  The applicant shall pay to 
        the board a fee as set by the board upon issuance of the 
        license.  In the event the candidate fails to pass a part of the 
        examination, upon the payment of an additional fee as set by the 
        board, the candidate may reapply to the board of optometry.  The 
        fees mentioned in this section are for the use of the board and 
        in no case shall be refunded. 
           Sec. 2.  [148.603] [FORMS OF DISCIPLINARY ACTIONS.] 
           When grounds exist under section 148.57, subdivision 3, or 
        other statute or rule which the board is authorized to enforce, 
        the board may take one or more of the following disciplinary 
        actions, provided that disciplinary or corrective action may not 
        be imposed by the board on any regulated person except after a 
        contested case hearing conducted pursuant to chapter 14 or by 
        consent of the parties: 
           (1) deny an application for a credential; 
           (2) revoke the regulated person's credential; 
           (3) suspend the regulated person's credential; 
           (4) impose limitations on the regulated person's 
        credential; 
           (5) impose conditions on the regulated person's credential; 
           (6) censure or reprimand the regulated person; 
           (7) impose a civil penalty not exceeding $10,000 for each 
        separate violation, the amount of the civil penalty to be fixed 
        so as to deprive the person of any economic advantage gained by 
        reason of the violation or to discourage repeated violations or 
        to reimburse the board for the cost of investigation and 
        proceeding; or 
           (8) when grounds exist under section 148.57, subdivision 3, 
        or a board rule, enter into an agreement with the regulated 
        person for corrective action which may include requiring the 
        regulated person: 
           (i) to complete an educational course or activity; 
           (ii) to submit to the executive director or designated 
        board member a written protocol or reports designed to prevent 
        future violations of the same kind; 
           (iii) to meet with a board member or board designee to 
        discuss prevention of future violations of the same kind; 
           (iv) to reimburse the board for its legal and investigative 
        costs; or 
           (v) to perform other action justified by the facts. 
           Listing the measures in clause (8) does not preclude the 
        board from including them in an order for disciplinary action. 
           Sec. 3.  Minnesota Statutes 1998, section 148.61, 
        subdivision 5, is amended to read: 
           Subd. 5.  Every person who shall violate any of the 
        provisions of sections 148.52 to 148.62 not licensed by the 
        board pursuant to section 148.57 who practices optometry in this 
        state shall be guilty of a gross misdemeanor. 
           Presented to the governor April 12, 2000 
           Signed by the governor April 14, 2000, 2:54 p.m.