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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : OCCUPATIONS AND PROFESSIONS
Chapter : Chapter 336 Optometrists
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Any one or any combination of the following practices
constitutes the "practice of optometry":
(1) The examination of the human eye, without the use of drugs, medicines
or surgery, to ascertain the presence of defects or abnormal conditions
which can be corrected by the use of lenses, prisms or ocular exercises;
(2) The employment of objective or subjective mechanical means to
determine the accommodative or refractive states of the human eye or the
range of power of vision of the human eye;
(3) The prescription or adaptation without the use of drugs, medicines or
surgery, of lenses, prisms, or ocular exercises to correct defects or
abnormal conditions of the human eye or to adjust the human eye to the
conditions of special occupation. (RSMo 1939 § 10113, A.L. 1981 S.B. 16)
Prior revision: 1929 § 13501
(1972) Held that activities and practices of respondents which included
the completing, preparing, and issuing of the prescription from which
contact lenses were fabricated and the fitting of contact lenses
constituted the prescription and adaptation of lenses to correct defects
or abnormal conditions of the human eye, and thus constituted the
practice of optometry and were illegal without a certificate of
registration as a registered optometrist issued by the state board of
optometry. State ex inf. Danforth v. Dale Curteman, Inc. (Mo.), 480
S.W.2d 848.
It shall be unlawful for any person to practice optometry or
attempt to practice optometry or to be employed by a corporation,
partnership, or association for the purpose of practicing optometry
without a certificate of registration as a registered optometrist issued
by the state board of optometry. (RSMo 1939 § 10109, A.L. 1943 p. 973,
A.L. 1981 S.B. 16) Prior revision: 1929 § 13497
(1953) Prosecuting attorney held authorized to institute quo warranto
proceedings against corporation on the ground it was practicing optometry
without license as against contention only attorney general could
prosecute such action. State ex rel. Schneider's Credit Jewelers v.
Brackman (A.), 260 S.W.2d 800.
A person is qualified to receive a certificate of registration
as a registered optometrist:
(1) Who is at least twenty-one years of age;
(2) Who is of good moral character and;
(3) Who has graduated from a school of optometry approved by the state
board of optometry;
(4) Who has passed a satisfactory examination conducted by or approved by
the state board of optometry to determine his fitness to receive a
certificate of registration as a registered optometrist. (RSMo 1939 §
10115, A.L. 1943 p. 973, A.L. 1981 S.B. 16) Prior revision: 1929 § 13503
Every person who desires to obtain a certificate of registration
shall apply therefor to the state board of optometry, in writing, on
blanks prepared and furnished by the state board of optometry. Each
application shall contain proof of the particular qualifications required
of the applicant, shall contain a statement that it is made under oath or
affirmation and that its representations are true and correct to the best
knowledge and belief of the person signing same, subject to the penalties
of making a false affidavit or declaration and shall be accompanied by
the examination fee. (RSMo 1939 § 10116, A.L. 1981 S.B. 16)
Prior revision: 1929 § 13504
The state board of optometry shall hold examinations of
applicants for certificates of registration as registered optometrists at
such times and places as it may determine. The examination of applicants
for certificates of registration as registered optometrists may include
both practical demonstrations and written and oral tests, and shall
embrace the subjects normally taught in schools of optometry approved by
the state board of optometry. (RSMo 1939 § 10117)
Prior revision: 1929 § 13505
Whenever the provisions of this chapter have been complied with,
and upon payment of the certificate fee, the state board of optometry
shall issue a certificate of registration as a registered optometrist.
(RSMo 1939 § 10118, A.L. 1981 S.B. 16)
Prior revision: 1929 § 13506
Every holder of a certificate of registration shall display it
in a conspicuous place in his principal office, place of business or
employment. Whenever a registered optometrist practices optometry outside
of, or away from, his principal office, places of business or employment,
he shall deliver to each patient in his care a certificate of
identification or provide other identification as authorized by rule and
regulation. (RSMo 1939 § 10119, A.L. 1981 S.B. 16)
Prior revision: 1929 § 13507
Every registered optometrist who continues in active practice or
service shall, on or before the renewal date, renew his certificate of
registration and pay the required renewal fee and present satisfactory
evidence to the state board of optometry of his attendance for a minimum
of eight hours each year during the preceding licensing period at
educational optometric programs, or their equivalent, that have been
approved by the board. The attendance or equivalent may be waived by the
board upon presentation to it of satisfactory evidence of the illness of
the optometrist or for other good cause as defined by rule and
regulation. The board shall not reject any such application if approved
programs are not available within the state of Missouri. Every
certificate of registration which has not been renewed on or before the
renewal date shall expire. Any registered optometrist who permits his
certificate to expire may renew it within five years of expiration upon
payment of the required restoration fee and presentation of satisfactory
evidence to the state board of optometry of his attendance for a minimum
of twenty-four hours during the five years at educational programs, or
their equivalent, that have been approved by the board. The attendance or
equivalent may be waived by the board upon presentation to it of
satisfactory evidence of the illness of the optometrist or for other good
cause as defined by rule and regulation. (RSMo 1939 § 10120, A.L. 1943 p.
973, A.L. 1963 p. 432, A.L. 1981 S.B. 16)
Prior revision: 1929 § 13508
1. Upon payment of a fee equivalent to the examination and
certificate fees, an applicant who is an optometrist, registered or
licensed under the laws of another state or territory of the United
States, or of a foreign country or province shall, without examination,
be granted a certificate of registration as a registered optometrist by
the state board of optometry upon the following conditions:
(1) That the applicant is at least twenty-one years of age, of good moral
character; and
(2) That the requirements for the registration or licensing of
optometrists in the particular state, territory, country or province,
were, at the date of the license, substantially equal to the requirements
then in force in this state.
2. The board may by rule and regulation require applicants under this
section to satisfactorily complete any practical examination or any
examination on Missouri laws required pursuant to section 336.050. (RSMo
1939 § 10122, A.L. 1943 p. 973, A.L. 1981 S.B. 16)
Prior revision: 1929 § 13510
1. The board may refuse to issue any certificate of registration
or authority, permit or license required pursuant to this chapter for one
or any combination of causes stated in subsection 2 of this section. The
board shall notify the applicant in writing of the reasons for the
refusal and shall advise the applicant of his right to file a complaint
with the administrative hearing commission as provided by chapter 621,
RSMo.
2. The board may cause a complaint to be filed with the administrative
hearing commission as provided by chapter 621, RSMo, against any holder
of any certificate of registration or authority, permit or license
required by this chapter or any person who has failed to renew or has
surrendered his certificate of registration or authority, permit or
license for any one or any combination of the following causes:
(1) Use of any controlled substance, as defined in chapter 195, RSMo, or
alcoholic beverage to an extent that such use impairs a person's ability
to perform the work of any profession licensed or regulated by this
chapter;
(2) The person has been finally adjudicated and found guilty, or entered
a plea of guilty or nolo contendere, in a criminal prosecution under the
laws of any state or of the United States, for any offense reasonably
related to the qualifications, functions or duties of any profession
licensed or regulated under this chapter, for any offense an essential
element of which is fraud, dishonesty or an act of violence, or for any
offense involving moral turpitude, whether or not sentence is imposed;
(3) Use of fraud, deception, misrepresentation or bribery in securing any
certificate of registration or authority, permit or license issued
pursuant to this chapter or in obtaining permission to take any
examination given or required pursuant to this chapter;
(4) Obtaining or attempting to obtain any fee, charge, tuition or other
compensation by fraud, deception or misrepresentation;
(5) Incompetency, misconduct, gross negligence, fraud, misrepresentation
or dishonesty in the performance of the functions or duties of any
profession licensed or regulated by this chapter;
(6) Violation of, or assisting or enabling any person to violate, any
provision of this chapter, or of any lawful rule or regulation adopted
pursuant to this chapter;
(7) Impersonation of any person holding a certificate of registration or
authority, permit or license or allowing any person to use his or her
certificate of registration or authority, permit, license or diploma from
any school;
(8) Disciplinary action against the holder of a license or other right to
practice any profession regulated by this chapter granted by another
state, territory, federal agency or country upon grounds for which
revocation or suspension is authorized in this state;
(9) A person is finally adjudged insane or incompetent by a court of
competent jurisdiction;
(10) Assisting or enabling any person to practice or offer to practice
any profession licensed or regulated by this chapter who is not
registered and currently eligible to practice under this chapter;
(11) Issuance of a certificate of registration or authority, permit or
license based upon a material mistake of fact;
(12) Failure to display a valid certificate or license if so required by
this chapter or any rule promulgated hereunder;
(13) Violation of any professional trust or confidence;
(14) Use of any advertisement or solicitation which is false, misleading
or deceptive to the general public or persons to whom the advertisement
or solicitation is primarily directed. False, misleading or deceptive
advertisements or solicitations shall include, but not be limited to:
(a) Promises of cure, relief from pain or other physical or mental
condition, or improved physical or mental health;
(b) Any self-laudatory statement;
(c) Any misleading or deceptive statement offering or promising a free
service. Nothing herein shall be construed to make it unlawful to offer a
service for no charge if the offer is announced as part of a full
disclosure of routine fees including consultation fees;
(d) Any misleading or deceptive claims of patient cure, relief or
improved condition; superiority in service, treatment or materials; new
or improved service, treatment or material; or reduced costs or greater
savings. Nothing herein shall be construed to make it unlawful to use any
such claim if it is readily verifiable by existing documentation, data or
other substantial evidence. Any claim which exceeds or exaggerates the
scope of its supporting documentation, data or evidence is misleading or
deceptive;
(15) Violation of the drug laws or rules and regulation of this state,
any other state or the federal government;
(16) Failure or refusal to properly guard against contagious, infectious
or communicable diseases or the spread thereof.
3. After the filing of such complaint, the proceedings shall be conducted
in accordance with the provisions of chapter 621, RSMo. Upon a finding by
the administrative hearing commission that the grounds, provided in
subsection 2, for disciplinary action are met, the board may, singly or
in combination, censure or place the person named in the complaint on
probation on such terms and conditions as the board deems appropriate for
a period not to exceed five years, or may suspend, for a period not to
exceed three years, or revoke the license, certificate, or permit. (RSMo
1939 § 10121, A.L. 1947 V. I p. 414, A.L. 1978 H.B. 1634, A.L. 1981 S.B.
16)
Prior revision: 1929 § 13509
1. Upon application by the board, and the necessary burden
having been met, a court of general jurisdiction may grant an injunction,
restraining order or other order as may be appropriate to enjoin a person
from:
(1) Offering to engage or engaging in the performance of any acts or
practices for which a certificate of registration or authority, permit or
license is required, upon a showing that such acts or practices were
performed or offered to be performed without a certificate of
registration or authority, permit or license; or
(2) Engaging in any practice or business authorized by a certificate of
registration or authority, permit or license issued pursuant to this
chapter upon a showing that the holder presents a serious danger to the
health, safety or welfare of any resident of this state or client or
patient of the licensee.
2. Any such action shall be commenced either in the county in which such
conduct occurred or in the county in which the defendant resides.
3. Any action brought pursuant to this section shall be in addition to
and not in lieu of any penalty provided by this chapter and may be
brought concurrently with other actions to enforce this chapter. (L. 1999
H.B. 867)
The following persons, firms and corporations are exempt from
the operation of the provisions of this chapter except the provisions of
section 336.200:
(1) Physicians or surgeons of any school lawfully entitled to practice in
this state;
(2) Persons, firms and corporations, not engaged in the practice of
optometry, who sell eyeglasses or spectacles in a store, shop or other
permanently established place of business on prescription from persons
authorized under the laws of this state to practice either optometry or
medicine and surgery;
(3) Persons, firms and corporations who manufacture or deal in eyeglasses
or spectacles in a store, shop or other permanently established place of
business, and who neither practice nor attempt to practice optometry, and
who do not use a trial case, trial frame, test card other than that used
by the customer or customers alone, vending machine or other mechanical
means to assist the customer in selecting glasses. (RSMo 1939 § 10114,
A.L. 1947 V. I p. 414)
Prior revision: 1929 § 13502
1. The governor, with the advice and consent of the senate,
shall appoint six members, five persons from among such practicing
optometrists of the state as have had not less than five years' practical
experience in optometry as defined in section 336.010 and one voting
public member, who shall constitute "The State Board of Optometry". Each
member shall be a United States citizen and a resident of Missouri for
one year. No member of any optical school or college, or instructor in
optometry, or person connected in any way therewith, nor any person who
as owner, stockholder or employee is connected with any manufacturing,
wholesale, dispensing or jobbing house dealing in spectacles or optical
supplies or instruments used by optometrists shall be eligible to
appointment upon the state board of optometry. The term of all members
shall be for a period of five years and until their successors shall be
appointed and qualified. If any person, other than the public member, so
appointed shall discontinue the active practice of optometry during the
period of his or her appointment, such person's term shall thereupon
cease and the person shall be at once removed by the governor. All
vacancies, however occurring, shall be filled by appointment by the
governor, with the advice and consent of the senate, and appointments
made when the senate is not in session shall be confirmed at its next
ensuing session. The members of the state board of optometry, before
entering upon the discharge of their duties, shall make and file with the
secretary of state, the constitutional oath of office.
2. The public member shall be at the time of his or her appointment a
citizen of the United States; a resident of this state for a period of
one year and a registered voter; a person who is not and never was a
member of any profession licensed or regulated pursuant to this chapter
or the spouse of such person; and a person who does not have and never
has had a material, financial interest in either the providing of the
professional services regulated by this chapter, or an activity or
organization directly related to any profession licensed or regulated
pursuant to this chapter. All members, including public members, shall be
chosen from lists submitted by the director of the division of
professional registration. The duties of the public member shall not
include the determination of the technical requirements to be met for
licensure or whether any person meets such technical requirements or of
the technical competence or technical judgment of a licensee or a
candidate for licensure.
3. The members of said board shall meet and organize by electing a
president, a vice president, and a secretary.
4. The board shall prescribe the duties of its officers and adopt rules
and regulations, not inconsistent with this chapter, to govern its
proceedings; and also shall adopt a seal.
5. Any rule or portion of a rule, as that term is defined in section
536.010, RSMo, that is created under the authority delegated in this
chapter shall become effective only if it complies with and is subject to
all of the provisions of chapter 536, RSMo, and, if applicable, section
536.028, RSMo. All rulemaking authority delegated prior to August 28,
1999, is of no force and effect and repealed. Nothing in this section
shall be interpreted to repeal or affect the validity of any rule filed
or adopted prior to August 28, 1999, if it fully complied with all
applicable provisions of law. This section and chapter 536, RSMo, are
nonseverable and if any of the powers vested with the general assembly
pursuant to chapter 536, RSMo, to review, to delay the effective date or
to disapprove and annul a rule are subsequently held unconstitutional,
then the grant of rulemaking authority and any rule proposed or adopted
after August 28, 1999, shall be invalid and void. (RSMo 1939 § 10110, A.
1949 H.B. 2074, A.L. 1981 S.B. 16, A.L. 1999 H.B. 343)
Prior revision: 1929 § 13498
CROSS REFERENCE: Public member, additional duties, RSMo 620.132
1. The board shall hold meetings for the examination of
applicants for registration and the transaction of other business
pertaining to its duties at least once in six months. The board shall
give thirty days' public notice of the time and place of this meeting.
Each member of the board shall receive as compensation an amount set by
the board not to exceed fifty dollars for each day devoted to the affairs
of the board, and shall be entitled to reimbursement of his expenses
necessarily incurred in the discharge of his official duties. All fees
payable under this chapter shall be collected by the division of
professional registration, which shall transmit the same to the
department of revenue for deposit in the state treasury to the credit of
a fund to be known as the "Optometry Fund". All costs and expenses
incurred in administering the provisions of this chapter shall be
appropriated and paid from this fund.
2. The provisions of section 33.080, RSMo, to the contrary
notwithstanding, money in this fund shall not be transferred and placed
to the credit of general revenue until the amount in the fund at the end
of the biennium exceeds two times the amount of the appropriation from
the board's funds for the preceding fiscal year or, if the board requires
by rule permit renewal less frequently than yearly, then three times the
appropriation from the board's funds for the preceding fiscal year. The
amount, if any, in the fund which shall lapse is that amount in the fund
which exceeds the appropriate multiple of the appropriations from the
board's funds for the preceding fiscal year. (RSMo 1939 § 10112, A. 1949
H.B. 2074, A.L. 1963 p. 432, A.L. 1980 H.B. 1266, A.L. 1981 S.B. 16, A.L.
1985 S.B. 99)
Prior revision: 1929 § 13500
1. It shall be the duty of the board to examine all applications
for registration submitted in proper form; to grant certificates of
registration to such persons as may be entitled to the same under the
provisions of this chapter; to cause the prosecution of all persons
violating its provisions; to report annually to the governor the
condition of optometry in the state of Missouri, which said report shall
also furnish a record of the proceedings of the board for the year and an
itemized statement of all moneys received and disbursed, with the names
of all optometrists registered under this chapter, and shall contain a
copy of all rules adopted by said board of optometry; and to do all other
things necessary to carry out the provisions of this chapter. The board
shall have the power to make bylaws for the proper fulfillment of its
duties under this chapter and shall keep a book of registration in which
shall be entered the names and places of practice or business of all
persons registered under this chapter, which book shall also specify such
facts as said persons shall claim to justify their registration. The
president of the board may call a special meeting at any time. Three
members shall constitute a quorum and the records of the board shall at
all times be open to public inspection.
2. No rule or portion of a rule promulgated under the authority of this
chapter shall become effective unless it has been promulgated pursuant to
the provisions of section 536.024, RSMo. (RSMo 1939 § 10111, A.L. 1993
S.B. 52, A.L. 1995 S.B. 3)
Prior revision: 1929 § 13499
(1954) Prosecuting attorney held not authorized to bring quo warranto
proceeding against corporation at instance of state board of optometry
because of its alleged violation of optometry laws. State ex rel.
Schneider's Credit Jewelers v. Brackman (Mo.), 272 S.W.2d 289.
(1963) Validity of provision conferring upon the board authority "to do
all things necessary to carry out the provisions of this chapter" upheld
against charge that it was vague, indefinite and an illegal delegation of
legislative power. Ketring v. Sturges (Mo.), 372 S.W.2d 104.
1. The state board of optometry may adopt reasonable rules and
regulations within the scope and terms of this chapter for the proper
administration and enforcement thereof. It may employ such board
personnel, as defined in subdivision (4) of subsection 16 of section
620.010, RSMo, as it deems necessary within appropriations therefor.
2. The board shall set the amount of the fees which this chapter
authorizes and requires by rules and regulations promulgated pursuant to
section 536.021, RSMo. The fees shall be set at a level to produce
revenue which shall not substantially exceed the cost and expense of
administering this chapter. (RSMo 1939 § 10125, A.L. 1947 V. I p. 414,
A.L. 1963 p. 432, A.L. 1981 S.B. 16)
Prior revision: 1929 § 13512
(1963) Validity of this section upheld against charge that it was vague,
indefinite and an illegal delegation of legislative power. Ketring v.
Sturges (Mo.), 372 S.W.2d 104.
Any person who shall violate or aid in the violation of any of
the provisions of sections 336.010 to 336.220 shall upon conviction be
deemed guilty of a class A misdemeanor. (RSMo 1939 § 10123, A.L. 1967 p.
443, A.L. 1981 S.B. 16)
Prior revision: 1929 § 13511
Any person, firm or corporation employing a registered
optometrist may advertise the availability of optometric service,
provided that the names of the registered optometrists providing such
service are included in all printed advertisements. The violation of any
provision of this section shall constitute an infraction, punishable upon
conviction, by a fine of not less than twenty-five dollars nor more than
two hundred dollars. (RSMo 1939 § 10124, A.L. 1981 S.B. 16)
CROSS REFERENCE: Exception to advertising requirements, RSMo 336.225
No official, employee, board, commission or agency of the state
of Missouri, county, municipality, school district or any other political
subdivision of the state shall discriminate between persons licensed
under this chapter and chapter 334, RSMo, when requiring or recommending
services which legally may be performed by persons licensed under this
chapter and by persons licensed under chapter 334. (L. 1965 p. 531)
1. The state board of optometry may adopt reasonable rules and
regulations providing for the examination and certification of registered
optometrists who apply to the board for authority to administer
pharmaceutical agents in the practice of optometry. Such pharmaceutical
agents may be "diagnostic pharmaceutical agents" or "therapeutic
pharmaceutical agents". As used in this section, the term "diagnostic
pharmaceutical agents" means those topically applied pharmaceuticals used
for the purpose of conducting an examination upon the eye or adnexa, and
the term "therapeutic pharmaceutical agents" means those pharmaceuticals,
excluding injectable agents, used for the treatment of conditions or
diseases of the eye or the adnexa.
2. No registered optometrist shall administer diagnostic pharmaceutical
agents or therapeutic pharmaceutical agents in the practice of optometry
unless such person submits to the state board of optometry evidence of
satisfactory completion of: a course of instruction in general and ocular
pharmacology; which includes at least one hundred hours of approved,
supervised, clinical training in the examination, diagnosis and treatment
of conditions of the human eye and adnexa in a program supervised by a
board-certified ophthalmologist; and such other educational requirements
or examination as may be required by the board, and is certified by the
board as qualified to administer diagnostic pharmaceutical agents and
therapeutic pharmaceutical agents in the practice of optometry. An
optometrist may not be certified by the board to administer therapeutic
pharmaceutical agents unless the optometrist is certified to administer
diagnostic pharmaceutical agents. The board shall not approve a course of
instruction in general or ocular pharmacology unless it is taught by an
institution utilizing both the didactic and clinical instruction in
pharmacology and which is accredited by a regional or professional
accrediting organization which is recognized by the United States
Department of Education or its successors and the transcript for the
course of instruction is certified to the board by the institution as
being comparable in content to those courses in general and ocular
pharmacology required by other licensing boards whose licenses or
registrants are permitted the administration of pharmaceutical agents in
the course of their professional practice for either diagnostic or
therapeutic purposes or both.
3. In issuing a certificate of registration or a renewal of a certificate
of registration, the state board of optometry shall:
(1) State upon the certificate of an optometrist certified by the board
to administer diagnostic pharmaceutical agents in the practice of
optometry that the optometrist is so certified; and
(2) State upon the certificate of an optometrist certified by the board
to administer therapeutic pharmaceutical agents in the practice of
optometry that the optometrist is so certified.
4. Any provision of section 336.010 to the contrary notwithstanding, a
registered optometrist who is examined and so certified by the state
board of optometry in the administration of diagnostic pharmaceutical
agents or therapeutic pharmaceutical agents may administer those agents
for which he is certified in the practice of optometry. An optometrist's
prescriptions for therapeutic pharmaceutical agents should be dispensed
by a pharmacist licensed under chapter 338, RSMo. When therapeutic
pharmaceutical agents are dispensed by an optometrist the provisions of
section 338.059, RSMo, shall apply.
5. An optometrist certified in the administration of therapeutic
pharmaceutical agents may:
(1) Administer and prescribe pharmaceutical agents, excluding injectable
agents, for the diagnosis and treatment of conditions or diseases of the
eye or adnexa; and
(2) Perform diagnostic procedures and order laboratory and imaging tests
for the diagnosis of conditions or diseases of the eye or adnexa.
6. Each optometrist certified in the administration of therapeutic
pharmaceutical agents shall, within one year of August 28, 1995, complete
a course of instruction approved by the board that includes at least
twenty- four hours of training in the treatment of glaucoma. The board
shall not approve a course of instruction in the treatment of glaucoma
unless it is taught by an institution that is accredited by a regional or
professional accrediting organization that is recognized by the United
States Department of Education or its successor and the content for the
course of instruction is certified to the board by the institution as
being comparable in the content to those courses in the treatment of
glaucoma required by other licensing boards whose licensees or
registrants are permitted to treat glaucoma in the course of their
professional practice; except that, any optometrist initially licensed in
Missouri after December 31, 1990, who had previously passed the
examination of the National Board of Examiners in Optometry in the year
1990, or anytime after such year, shall be exempt from the requirement of
completing the course of instruction in the treatment of glaucoma
required by this subsection. Until December 31, 1999, as a condition for
the annual renewal of the certificate of registration, each optometrist
certified in the administration of therapeutic pharmaceutical agents
shall, as a condition for the annual renewal of certification through
December 31, 1999, complete a continuing course of instruction of at
least six hours in the treatment of glaucoma as approved by the board;
provided that, such six hours may be credited against the initial course
of at least twenty-four hours required by this section and against the
educational optometric program of at least eight hours required by
section 336.080.
7. An optometrist certified by the board in the administration of
therapeutic pharmaceutical agents may remove superficial foreign bodies
from the eye and adnexa. An optometrist may not perform surgery,
including the use of lasers for treatment of any disease or condition or
for the correction of refractive error. An optometrist certified to use
pharmaceutical agents as provided in this section shall be held to the
same standard of care in the use of such agents in the optometrist's
diagnosis and treatment as are physicians, licensed by the Missouri state
board of registration for the healing arts, who exercise that degree of
skill and proficiency commonly exercised by ordinary, skillful, careful
and prudent physicians and surgeons engaged in the practice of medicine.
8. Any optometrist authorized by the board to administer diagnostic
pharmaceutical agents shall refer a patient to a physician licensed under
chapter 334, RSMo, if an examination of the eyes indicates a condition,
including reduced visual acuity, which requires medical treatment,
further medical diagnosis, or further refraction. This referral is not
required on known or previously diagnosed conditions. The record of the
referral in the optometrist's notes shall have the standing of any
business record. Any optometrist violating this section shall be subject
to the provisions of section 336.110. (L. 1981 S.B. 91, A.L. 1986 H.B.
1333, A.L. 1993 S.B. 52, A.L. 1995 S.B. 175)
Notwithstanding any other provision of law, any written or
broadcast advertising for eye exam services whether regional or national
by any optical firm shall not be required to list the name of the
optometrist in the advertisement provided those optometrists practicing
under a trade name at a specific location shall be identified to any
person by having the optometrist's name prominently displayed at such
specific location. All eye exam services provided by any optical firm
must be provided by a person in accordance with the provisions contained
in section 336.030. (L. 1990 H.B. 1365 § 1)
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