2002 Minnesota Statutes

     148.57 License. 

    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: 

    (1) is of good moral character; 

    (2) has obtained a clinical doctorate from an optometry 
 school requiring at least two academic years of preprofessional 
 training for admittance to 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) 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 
 may: 

    (1) prepare, administer, and grade the examination itself; 

    (2) recognize and approve in whole or in part an 
 examination prepared, administered and graded by a national 
 board of examiners in optometry; or 

    (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. 

    Subd. 2.    Reciprocity.  A person who holds a 
 certificate of registration, or license, from another state, and 
 who has practiced not less than three years in that state, may 
 apply for licensure in Minnesota by filling out and swearing to 
 an application for license by reciprocity form furnished by the 
 board and by filing that form with the board secretary along 
 with a fee as set by the board at least two weeks prior to the 
 regular meeting at which the board is considering such 
 applications.  The application fee as set by the board shall be 
 for the use of the board and in no case shall be refunded.  To 
 verify that the applicant possesses the knowledge and ability 
 essential to the practice of optometry in this state, the board 
 may for good cause request the applicant to perform a practical 
 demonstration to its satisfaction.  The applicant may then be 
 issued a license if the requirements for registration or 
 licensure in the other state are deemed by the board to be 
 equivalent to those of sections 148.52 to 148.62; provided, that 
 the other state accords like privileges to holders of 
 certificates from the Minnesota board. 

    Subd. 3.    Revocation, suspension.  The board may 
 revoke the license or suspend or restrict the right to practice 
 of any person who has been convicted of any violation of 
 sections 148.52 to 148.62 or of any other criminal offense, or 
 who violates any provision of sections 148.571 to 148.576 or who 
 is found by the board to be incompetent or guilty of 
 unprofessional conduct. "Unprofessional conduct" means any 
 conduct of a character likely to deceive or defraud the public, 
 including, among other things, free examination advertising, the 
 loaning of a license by any licensed optometrist to any person; 
 the employment of "cappers" or "steerers" to obtain business; 
 splitting or dividing a fee with any person; the obtaining of 
 any fee or compensation by fraud or misrepresentation; employing 
 directly or indirectly any suspended or unlicensed optometrist 
 to perform any work covered by sections 148.52 to 148.62; the 
 advertising by any means of optometric practice or treatment or 
 advice in which untruthful, improbable, misleading, or 
 impossible statements are made.  After one year, upon 
 application and proof that the disqualification has ceased, the 
 board may reinstate such person. 

    Subd. 4.    Peddling or canvassing forbidden.  Every 
 licensed optometrist who shall temporarily practice optometry 
 outside or away from the regular registered place of business 
 shall display the license and deliver to each customer or person 
 there fitted or supplied with glasses a receipt or record which 
 shall contain the signature, permanent registered place of 
 business or post office address, and number of license of the 
 optometrist, together with the amount charged therefor, but 
 nothing contained in this section shall be construed as to 
 permit peddling or canvassing by licensed optometrists. 

    HIST: (5790) 1915 c 127 s 6; 1925 c 239 s 6; 1929 c 420 s 4; 
 1949 c 267 s 3; 1967 c 381 s 2; 1973 c 62 s 2-4; 1976 c 222 s 
 63; 1978 c 516 s 1; 1982 c 388 s 5; 1985 c 247 s 25; 1986 c 444; 
 1992 c 419 s 1; 1993 c 121 s 3; 2000 c 413 s 1