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
; 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
or of any other criminal offense, or who violates any provision of sections
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
; 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.
History: (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