TITLE XXX
OCCUPATIONS AND PROFESSIONS

CHAPTER 327
OPTOMETRY

Section 327:1

    327:1 Definitions. –
In this chapter:
I. "Board" means the board of registration in optometry.
II. "Dispensing pharmaceutical agents" means that a licensed optometrist authorized to use pharmaceutical agents may dispense a pharmaceutical agent to a patient if no charge is imposed for the pharmaceutical agent and the amount dispensed does not exceed a 24-hour supply, except that if the minimum available quantity for dispensing is greater than a 24-hour supply, the optometrist may dispense the minimum available quantity. Nothing in this paragraph shall prohibit a licensed optometrist authorized to use pharmaceutical agents pursuant to RSA 327:6-a from dispensing therapeutic contact lenses for a fee.
III. "Pharmaceutical agent" means the following pharmaceutical products:
(a) Non-legend, over the counter, agents.
(b) Mydriatic and cycloplegic agents which are topically applied.
(c) Miotic agents approved pursuant to RSA 327:6-a, VI.
(d) Antibiotics, sulfonomides, and combinations thereof, which are topically applied or orally administered to treat or alleviate the effects of disease or abnormal conditions of the human eye, adnexa, and eyelids, excluding the lacrimal gland, or structures posterior to the iris, approved pursuant to RSA 327:6-a, VI.
(e) Anti-allergy medications, including but not limited to antihistamines, decongestants, and mast-cell stabilizers which are topically applied.
(f) Anesthetics and dyes which are topically applied.
(g) Ocular lubricants and hypertonic agents which are topically applied.
(h) Orally administered analgesic agents used for the purpose of alleviating pain caused by a disease or abnormal condition of the human eye or eyelid, excluding the lacrimal gland, or structures posterior to the iris. This may include class III and IV controlled substances approved pursuant to RSA 327:6-a, VI and included in the formulary.
(i) Other pharmaceutical agents, any solely diagnostic agents, and diagnostic agents combined with pharmaceutical agents as defined in this paragraph and as approved pursuant to RSA 327:6-a, VI.
(j) Non-steroidal anti-inflammatory agents approved pursuant to RSA 327:6-a, VI.
(k) Anti-glaucoma agents provided that an optometrist may dispense or prescribe such agents if the optometrist has met the requirements of RSA 327:6-c.
(l) Corticosteroids which are topically applied, as approved by the board.
(m) Antivirals which are approved pursuant to RSA 327:6-a, VI.
(n) Corticosteroids or antivirals, provided that optometrists with patients on corticosteroids or antivirals who demonstrate no improvement in 10 days shall be referred to an ophthalmologist.
IV. "Practice of optometry" means the employment of any methods or means, other than surgery, for the:
(a) Diagnosis and treatment of any optical defect, deficiency, deformity, or disease of the human eye, adnexa and eyelids.
(b) Diagnosis and treatment of any visual or muscular anomaly of the visual system.
(c) Adaptation or prescribing of spectacle lenses, contact lenses, prisms or ocular exercises for the correction, relief or aid of the visual functions.
(d) Prescribing, administering or dispensing of pharmaceutical agents.
(e) Application, prescribing, or removal of Food and Drug Administration approved medical devices, as approved by the board and consistent with the practice of optometry as set forth in this chapter, including, but not limited to, contact lenses, plano lenses, and punctal plugs. The term "plano lenses" means contact lenses with no refractive power.
(f) Diagnosis of acute angle closure glaucoma. Upon such diagnosis, an optometrist may administer emergency care and shall immediately refer the patient to an ophthalmologist. Oral pharmaceutical agents may be used for the emergency treatment of acute angle closure glaucoma.
V. "Prescription of pharmaceutical agents" means a written or oral direction to dispense a pharmaceutical agent, including inscription, subscription, transcription, and renewal.
VI. "Surgery" means any procedure in which human tissue is cut, altered, or otherwise infiltrated by mechanical means. Surgical procedures shall include the use of lasers for therapeutic and photorefractive purposes, ionizing radiation, therapeutic ultrasound, or medication administered by injection, provided that the removal of superficial foreign bodies from the eye, adnexa or eyelid shall not be considered a surgical procedure prohibited by this chapter. With respect to a foreign body, any part of which is situated within 3 millimeters of the visual axis, "superficial foreign body" means that which has not penetrated deeper than the corneal epithelium.
VI-a. "Telemedicine" means the use of audio, video, or other electronic media for the purpose of diagnosis, consultation, or treatment.
VII. "Therapeutic contact lenses" means contact lenses which contain one or more medications and which deliver such medication to the eye.

Source. 1911, 167:3. PL 207:1. RL 253:1. 1951, 72:1. RSA 327:1. 1985, 245:1. 1993, 333:8. 2002, 274:1. 2006, 182:1. 2010, 37:2, 3. 2011, 121:1. 2016, 83:1, eff. July 18, 2016. 2019, 199:1, eff. Sept. 8, 2019. 2020, 27:20, eff. July 21, 2020.

Examining Board

Section 327:2

    327:2 Board. –
I. There shall be a board of registration in optometry consisting of 5 members; including 4 optometrists and one public member, each to be appointed by the governor, with the approval of the council, to a term of 5 years. No member shall be appointed to more than 2 consecutive terms.
II. Optometrist members of the board shall be of good professional character and shall reside and be practicing within the state.
III. The public member of the board shall be a person who is not, and never was, a member of the optometric profession or the spouse of any such person, and who does not have, and never has had, a material financial interest in either the provision of optometric services or an activity directly related to optometry, including the representation of the board or profession for a fee at any time during the 5 years preceding appointment.
IV. [Repealed.]
V. [Repealed.]

Source. 1911, 167:1. PL 207:2. 1935, 64:1. RL 253:2. 1943, 138:1. 1945, 56:1. RSA 327:2. 1957, 36:1. 1981, 355:3. 1985, 416:7. 1999, 197:1, 2. 2010, 118:10. 2015, 276:108, XIV, eff. July 1, 2015.

Section 327:3

    327:3 Repealed by 1981, 355:12, eff. July 1, 1981. –

Section 327:4

    327:4 Organization; Reports. – The board shall choose from its number a president and secretary and it shall meet at least once in each year. The board shall make a report of its proceedings to the governor by December 31 every 2 years.

Source. 1911, 167:2, 7. 1919, 78:1. PL 207:4. RL 253:4.

Section 327:5

    327:5 Compensation. – The compensation of the board shall be $50 each for every day actually spent in the discharge of their duties and their necessary expenses.

Source. 1911, 167:8. PL 207:5. RL 253:5. 1951, 72:2. RSA 327:5. 1967, 256:1. 1999, 197:3, eff. Jan. 1, 2000.

Section 327:5-a

    327:5-a Fees. – The board shall establish fees for license reinstatement and for transcribing and transferring records and other services.

Source. 1981, 355:4. 1999, 197:3. 2014, 167:33, eff. July 1, 2014.

Examinations and Licenses

Section 327:6


See Emergency Order #46 (NH LEGIS E.O. 2020-46-Emerg. (2020, 2046:1.)), issued pursuant to Executive Order 2020-04 (NH LEGIS E.O. 2020-04 (2020, 1004:1.)) as extended by Executive Orders 2020-05 (NH LEGIS E.O. 2020-05 (2020, 1005:1.)); 2020-08 (NH LEGIS E.O. 2020-08 (2020, 1008:1.)); 2020-09 (NH LEGIS E.O. 2020-09 (2020, 1009:1.)); 2020-010 (NH LEGIS E.O. 2020-010 (2020, 1010:1.)); 2020-014 (NH LEGIS E.O. 2020-014 (2020, 1014:1.)); 2020-015 (NH LEGIS E.O. 2020-015 (2020, 1015:1.)); 2020-016 (NH LEGIS E.O. 2020-016 (2020, 1016:1.)); 2020-017 (NH LEGIS E.O. 2020-017 (2020, 1017:1.)); 2020-018 (NH LEGIS E.O. 2020-018 (2020, 1018:1.)); 2020-020 (NH LEGIS E.O. 2020-020 (2020, 1020:1.)); 2020-021 (NH LEGIS E.O. 2020-021 (2020, 1021:1.)); 2020-022 (NH LEGIS E.O. 2020-022 (2020, 1022:1.)); 2020-023 (NH LEGIS E.O. 2020-023 (2020, 1023:1.)); 2020-024 (NH LEGIS E.O. 2020-024 (2020, 1024:1.)); 2020-025 (NH LEGIS E.O. 2020-025 (2020, 1025:1.)); 2021-01 (NH LEGIS E.O. 2021-01 (2021, 1001:1.)), related to the COVID-19 State of Emergency, for potential impact on the terms of this section.
    327:6 Licenses; Qualifications. – No person, except as otherwise provided in this chapter, shall practice optometry without a license. The board shall not issue a license to any applicant until the person has passed an examination approved by the board, and has presented satisfactory evidence in the form of affidavits properly sworn to, that the person is over 18 years of age and of good moral character, has completed a minimum of 2 years at a college of arts and sciences and has graduated from a school or college of optometry approved by the board, maintaining a minimum of 4 years in optometric training. Persons who submit an application which demonstrates that they meet the eligibility requirements of this chapter and any rules adopted by the board pursuant to RSA 541-A, and pay the $300 licensing fee, shall be licensed by the board.

Source. 1911, 167:7. 1919, 78:1. PL 207:6. 1937, 92:1. RL 253:6. 1951, 72:3. RSA 327:6. 1957, 36:2. 1969, 273:1. 1973, 72:47. 1977, 563:20. 1981, 355:5. 1985, 245:2. 1999, 197:5. 2006, 76:12. 2014, 167:34. 2015, 229:10, eff. July 1, 2015.

Section 327:6-a

    327:6-a Authorization for Pharmaceutical Agents. –
I. Only licensed optometrists who have successfully completed examinations on pharmacological substances and other treatments of diseases of the eye, adnexa and eyelids, who have met acceptable standards of education and professional competence as determined by the board, and who hold current certification in cardiopulmonary resuscitation (CPR), shall be authorized to use pharmaceutical agents in the practice of optometry.
II. An optometrist licensed to practice optometry prior to January 1, 1993, shall complete a post-graduate course of study approved by the board covering the subjects of ocular pharmacology and the treatment and management of eye diseases and shall pass an examination administered by the National Board of Examiners in Optometry or its successor and approved by the board. Every optometrist licensed to practice optometry after January 1, 1993, shall pass an examination administered by the National Board of Examiners in Optometry or its successor and approved by the board. To meet the requirements of this section, an approved course shall be given by an accredited school or college of optometry in the United States and shall consist of a minimum of 105 hours, of which a minimum of 25 hours shall be in direct clinical training. The board shall adopt rules, under RSA 541-A, to carry out the provisions of this section and to insure the safety of the public.
III. Notwithstanding any other provision of law, any licensed pharmacist is authorized to fill prescriptions issued by optometrists for pharmaceutical agents authorized under this chapter or included in the approved formulary.
IV. Nothing in this section shall be construed to permit an optometrist to administer any pharmaceutical product by injection; or to administer, prescribe or dispense any pharmaceutical product designated as a schedule I or schedule II controlled substance under RSA 318-B:1-a; or to administer, prescribe or dispense any pharmaceutical product except for the diagnosis or treatment of disease or conditions of the human eye, adnexa or eyelids.
V. Notwithstanding any other provision of law, an optometrist who is certified to use pharmaceutical agents in the practice of optometry shall be permitted to administer diphenhydramine, epinephrine or an equivalent medication administered by injection to counter anaphylaxis or anaphylactic reaction.
VI. To the extent approval of pharmaceuticals is referenced in RSA 327:1, III, the board shall have the authority to review and approve pharmaceuticals for use by optometrists certified to use pharmaceutical agents in the practice of optometry.
VII. The board shall provide the pharmacy board with a current list of pharmaceutical agents approved pursuant to paragraph VI. The current optometric formulary shall be available from the board and posted on the board's website.
VIII. Upon certification to treat glaucoma patients pursuant to RSA 327:6-c, the board shall issue a license to the optometrist with a "tpa/g" certification. A current list of "tpa/g" certified optometrists with date of certification shall be available from the board and posted on the board's website.

Source. 1985, 245:2. 1993, 333:9. 1999, 197:6. 2006, 182:2. 2016, 83:2, 3, eff. July 18, 2016.

Section 327:6-b

    327:6-b Joint Credentialing Committee. –
I. The joint credentialing committee shall be comprised of 3 optometrists licensed under RSA 327 appointed by the New Hampshire Optometric Association, 3 ophthalmologists licensed under RSA 329 appointed by the New Hampshire Society of Eye Physicians and Surgeons, and 3 pharmacists licensed under RSA 318 appointed by the pharmacy board. Members shall serve terms of 5 years and shall not be eligible for a second consecutive term. The initial members shall be appointed for staggered terms as follows: one optometrist, one ophthalmologist, and one pharmacist for a term of 5 years; one optometrist, one ophthalmologist, and one pharmacist for a term of 4 years; and one optometrist, one ophthalmologist, and one pharmacist for a term of 3 years. All members shall be residents of the state of New Hampshire. Neither they nor their spouses shall have any material financial interest in the provision of eye care services other than that which is directly related to the practice of their professions. Matters to be brought before the committee shall be filed in writing with the chairperson at least 30 days prior to the scheduled meeting. Any member of the committee may submit items to be assigned to the agenda for consideration. Agendas shall be posted on the board of optometry's public access Internet site at least 10 days prior to committee meetings.
II. The committee shall meet quarterly to:
(a) Review and develop glaucoma reporting forms;
(b) Develop a glaucoma credentialing form and patient consent form;
(c) Review suggestions, complaints, and concerns regarding the glaucoma certification process described in RSA 327:6-c, II, and report the results of its review to the board. This subparagraph shall not grant the committee additional authority or powers not stated in this subparagraph;
(d) Provide minutes of their meetings to the board, the board of medicine, and the pharmacy board; and
(e) Determine which optometrists have successfully completed the requirements of RSA 327:6-c and maintain a list of such optometrists.
III. [Repealed.]

Source. 1985, 245:2. 1993, 333:10. 2002, 274:2. 2006, 182:3, 6. 2016, 83:4, eff. July 18, 2016.

Section 327:6-c


See Emergency Order #29 (NH LEGIS E.O. 2020-29-Emerg. (2020, 2029:1.)), issued pursuant to Executive Order 2020-04 (NH LEGIS E.O. 2020-04 (2020, 1004:1.)) as extended by Executive Orders 2020-05 (NH LEGIS E.O. 2020-05 (2020, 1005:1.)); 2020-08 (NH LEGIS E.O. 2020-08 (2020, 1008:1.)); 2020-09 (NH LEGIS E.O. 2020-09 (2020, 1009:1.)); 2020-010 (NH LEGIS E.O. 2020-010 (2020, 1010:1.)); 2020-014 (NH LEGIS E.O. 2020-014 (2020, 1014:1.)); 2020-015 (NH LEGIS E.O. 2020-015 (2020, 1015:1.)); 2020-016 (NH LEGIS E.O. 2020-016 (2020, 1016:1.)); 2020-017 (NH LEGIS E.O. 2020-017 (2020, 1017:1.)); 2020-018 (NH LEGIS E.O. 2020-018 (2020, 1018:1.)); 2020-020 (NH LEGIS E.O. 2020-020 (2020, 1020:1.)); 2020-021 (NH LEGIS E.O. 2020-021 (2020, 1021:1.)); 2020-022 (NH LEGIS E.O. 2020-022 (2020, 1022:1.)); 2020-023 (NH LEGIS E.O. 2020-023 (2020, 1023:1.)); 2020-024 (NH LEGIS E.O. 2020-024 (2020, 1024:1.)); 2020-025 (NH LEGIS E.O. 2020-025 (2020, 1025:1.)); 2021-01 (NH LEGIS E.O. 2021-01 (2021, 1001:1.)), related to the COVID-19 State of Emergency, for potential impact on the terms of this section.
    327:6-c Treatment of Glaucoma. –
I. (a) Optometrists seeking authorization to treat glaucoma shall complete at least 40 hours of classroom education, approved by the board, incorporating: epidemiology of the glaucomas; genetics of the glaucomas; anatomy, physiology, and mechanics of aqueous inflow and aqueous outflow; optic nerve anatomy and pathophysiology; neurotoxicity and neuroprotectants; receptor biology; pharmacology, clinical use and toxic effects of alpha and beta adrenergic agents, carbonic anhydrase inhibitors, prostanoids and cholinergic agents.
(b) Optometrists shall pass an examination approved by the board that covers the educational components listed in subparagraph (a). Upon passage of such exam, an optometrist shall have prescriptive authority during the clinical management period pursuant to RSA 327:6-a.
(c) The board shall waive the requirements of this paragraph and of paragraph II for optometrists who have either graduated after 2002 or who have proof of 12 months of credentialed privileges to treat glaucoma by the United States Department of Defense or Department of Veteran Affairs or the national Indian Health Service, verified by the board.
II. (a) To be authorized to initiate treatment of glaucoma for patients 18 years of age or older, a therapeutic pharmaceutical agent certified optometrist shall complete the educational requirements in paragraph I and provide evidence of written referrals and consultations with an ophthalmologist. For purposes of this section, "glaucoma" means primary open-angle glaucoma; and "ophthalmologist"; means a physician licensed under RSA 329 with a specialty in ophthalmology. The joint credentialing committee shall review evidence of glaucoma co-management submitted pursuant to subparagraph (b).
(b) Except as provided in subparagraph I(c) or paragraph III, therapeutic pharmaceutical agent certified optometrists are required to provide evidence of successful collaborative treatment and co-management of 25 glaucoma patients, up to 5 of which may be established patients, during a period of not less than 18 months for each patient, to ophthalmologists according to the following criteria:
(1) A new or existing glaucoma patient is examined and diagnosed by the optometrist;
(2) The optometrist develops a proposed treatment plan and forwards the plan with examination documentation to an ophthalmologist for consultation;
(3) The ophthalmologist examines the patient and reviews the optometrist's examination documentation and proposed treatment plan;
(4) The ophthalmologist, optometrist, and patient mutually agree to and document a treatment plan;
(5) The optometrist shall consult with the co-managing ophthalmologist when any of the following occurs: the patient's target pressure is not reached within 90 days; the patient is experiencing documented progression of optic nerve damage; the patient develops documented and repeated progression of visual field loss; or the patient develops angle-closure or other secondary glaucoma; and
(6) For each successfully co-managed glaucoma patient the optometrist and co-managing ophthalmologist shall complete a glaucoma credentialing reporting form and submit the form to the joint credentialing committee upon completion of the 18 months of treatment.
III. The joint credentialing committee may waive or reduce the requirements of RSA 327:6-c, I and II for the following categories of optometrists:
(a) Optometrists with a license and proof of practice for 12 months treating glaucoma patients in another state that currently authorizes the treatment of glaucoma by optometrists; or
(b) Optometrists who have proof of successful completion of a 12-month accredited optometric residency program or its equivalent.
IV. Upon certification to treat glaucoma patients:
(a) For a period of 24 months, optometrists shall consult with an ophthalmologist within 30 days for each new glaucoma patient for confirmation of diagnosis and review of treatment plan.
(b) An optometrist shall consult with an ophthalmologist within 30 days when any of the following occurs:
(1) The patient is experiencing documented progression of optic nerve damage or the patient develops documented and repeated progression of visual field loss on maximum tolerated topical medical therapy; or
(2) The patient develops angle-closure or other secondary glaucoma.

Source. 2002, 274:3. 2006, 182:4. 2016, 83:5, 6, eff. July 18, 2016.

Section 327:7

    327:7 Repealed by 1999, 197:21, I, eff. Jan. 1, 2000. –

Section 327:8

    327:8 Repealed by 1999, 197:21, II, eff. Jan. 1, 2000. –

Section 327:9


See Emergency Order #46 (NH LEGIS E.O. 2020-46-Emerg. (2020, 2046:1.)), issued pursuant to Executive Order 2020-04 (NH LEGIS E.O. 2020-04 (2020, 1004:1.)) as extended by Executive Orders 2020-05 (NH LEGIS E.O. 2020-05 (2020, 1005:1.)); 2020-08 (NH LEGIS E.O. 2020-08 (2020, 1008:1.)); 2020-09 (NH LEGIS E.O. 2020-09 (2020, 1009:1.)); 2020-010 (NH LEGIS E.O. 2020-010 (2020, 1010:1.)); 2020-014 (NH LEGIS E.O. 2020-014 (2020, 1014:1.)); 2020-015 (NH LEGIS E.O. 2020-015 (2020, 1015:1.)); 2020-016 (NH LEGIS E.O. 2020-016 (2020, 1016:1.)); 2020-017 (NH LEGIS E.O. 2020-017 (2020, 1017:1.)); 2020-018 (NH LEGIS E.O. 2020-018 (2020, 1018:1.)); 2020-020 (NH LEGIS E.O. 2020-020 (2020, 1020:1.)); 2020-021 (NH LEGIS E.O. 2020-021 (2020, 1021:1.)); 2020-022 (NH LEGIS E.O. 2020-022 (2020, 1022:1.)); 2020-023 (NH LEGIS E.O. 2020-023 (2020, 1023:1.)); 2020-024 (NH LEGIS E.O. 2020-024 (2020, 1024:1.)); 2020-025 (NH LEGIS E.O. 2020-025 (2020, 1025:1.)); 2021-01 (NH LEGIS E.O. 2021-01 (2021, 1001:1.)), related to the COVID-19 State of Emergency, for potential impact on the terms of this section.
    327:9 Applicants Licensed in Other Jurisdictions. – The board may license any applicant who is licensed in any other state, provided the other state's licensing requirements are substantially equivalent to or higher than those of this state.

Source. 1911, 167:12. PL 207:10. RL 253:10. 1951, 72:6. RSA 327:9. 1975, 174:1. 1981, 355:6. 1999, 197:7, eff. Jan. 1, 2000.

Section 327:10

    327:10 Repealed by 1999, 197:21, III, eff. Jan. 1, 2000. –

Section 327:11

    327:11 Record of Licenses. – Every license issued by the board shall be numbered and recorded in the office of the board. A photograph of the person licensed shall be filed with the record.

Source. 1911, 167:6. PL 207:12. RL 253:12. RSA 327:11. 1957, 36:3. 1999, 197:8, eff. Jan. 1, 2000.

Section 327:12


See Emergency Order #46 (NH LEGIS E.O. 2020-46-Emerg. (2020, 2046:1.)), issued pursuant to Executive Order 2020-04 (NH LEGIS E.O. 2020-04 (2020, 1004:1.)) as extended by Executive Orders 2020-05 (NH LEGIS E.O. 2020-05 (2020, 1005:1.)); 2020-08 (NH LEGIS E.O. 2020-08 (2020, 1008:1.)); 2020-09 (NH LEGIS E.O. 2020-09 (2020, 1009:1.)); 2020-010 (NH LEGIS E.O. 2020-010 (2020, 1010:1.)); 2020-014 (NH LEGIS E.O. 2020-014 (2020, 1014:1.)); 2020-015 (NH LEGIS E.O. 2020-015 (2020, 1015:1.)); 2020-016 (NH LEGIS E.O. 2020-016 (2020, 1016:1.)); 2020-017 (NH LEGIS E.O. 2020-017 (2020, 1017:1.)); 2020-018 (NH LEGIS E.O. 2020-018 (2020, 1018:1.)); 2020-020 (NH LEGIS E.O. 2020-020 (2020, 1020:1.)); 2020-021 (NH LEGIS E.O. 2020-021 (2020, 1021:1.)); 2020-022 (NH LEGIS E.O. 2020-022 (2020, 1022:1.)); 2020-023 (NH LEGIS E.O. 2020-023 (2020, 1023:1.)); 2020-024 (NH LEGIS E.O. 2020-024 (2020, 1024:1.)); 2020-025 (NH LEGIS E.O. 2020-025 (2020, 1025:1.)); 2021-01 (NH LEGIS E.O. 2021-01 (2021, 1001:1.)), related to the COVID-19 State of Emergency, for potential impact on the terms of this section.
    327:12 Persons Excepted. – Nothing in this chapter shall apply to physicians or surgeons authorized to practice medicine or surgery under the laws of this state, nor to persons who neither practice nor profess to practice optometry, but who sell spectacles, eyeglasses or lenses either on prescription from such physicians or surgeons or from duly qualified optometrists, or as merchandise from permanently located and established places of business.

Source. 1911, 167:12. PL 207:13. RL 253:13.

License Renewal

Section 327:13


See Emergency Order #46 (NH LEGIS E.O. 2020-46-Emerg. (2020, 2046:1.)), issued pursuant to Executive Order 2020-04 (NH LEGIS E.O. 2020-04 (2020, 1004:1.)) as extended by Executive Orders 2020-05 (NH LEGIS E.O. 2020-05 (2020, 1005:1.)); 2020-08 (NH LEGIS E.O. 2020-08 (2020, 1008:1.)); 2020-09 (NH LEGIS E.O. 2020-09 (2020, 1009:1.)); 2020-010 (NH LEGIS E.O. 2020-010 (2020, 1010:1.)); 2020-014 (NH LEGIS E.O. 2020-014 (2020, 1014:1.)); 2020-015 (NH LEGIS E.O. 2020-015 (2020, 1015:1.)); 2020-016 (NH LEGIS E.O. 2020-016 (2020, 1016:1.)); 2020-017 (NH LEGIS E.O. 2020-017 (2020, 1017:1.)); 2020-018 (NH LEGIS E.O. 2020-018 (2020, 1018:1.)); 2020-020 (NH LEGIS E.O. 2020-020 (2020, 1020:1.)); 2020-021 (NH LEGIS E.O. 2020-021 (2020, 1021:1.)); 2020-022 (NH LEGIS E.O. 2020-022 (2020, 1022:1.)); 2020-023 (NH LEGIS E.O. 2020-023 (2020, 1023:1.)); 2020-024 (NH LEGIS E.O. 2020-024 (2020, 1024:1.)); 2020-025 (NH LEGIS E.O. 2020-025 (2020, 1025:1.)); 2021-01 (NH LEGIS E.O. 2021-01 (2021, 1001:1.)), related to the COVID-19 State of Emergency, for potential impact on the terms of this section.
    327:13 Renewal of Licenses. –
I. All licenses issued under this chapter shall be renewed biennially on or before June 30 upon payment of a $300 license renewal fee.
II. Before May 1 of the year in which the license expires, the board shall mail to every optometrist licensed in the state an application for renewal addressed to the post office address provided by the applicant.
III. Any licensee whose license has expired shall be barred from the practice of optometry in New Hampshire until such time as a reinstatement application is granted by the board.

Source. 1911, 167:9. 1919, 78:2. PL 207:14. RL 253:14. 1999, 197:10. 2014, 167:35. 2015, 229:11, eff. July 1, 2015.

Section 327:13-a


See Emergency Order #46 (NH LEGIS E.O. 2020-46-Emerg. (2020, 2046:1.)), issued pursuant to Executive Order 2020-04 (NH LEGIS E.O. 2020-04 (2020, 1004:1.)) as extended by Executive Orders 2020-05 (NH LEGIS E.O. 2020-05 (2020, 1005:1.)); 2020-08 (NH LEGIS E.O. 2020-08 (2020, 1008:1.)); 2020-09 (NH LEGIS E.O. 2020-09 (2020, 1009:1.)); 2020-010 (NH LEGIS E.O. 2020-010 (2020, 1010:1.)); 2020-014 (NH LEGIS E.O. 2020-014 (2020, 1014:1.)); 2020-015 (NH LEGIS E.O. 2020-015 (2020, 1015:1.)); 2020-016 (NH LEGIS E.O. 2020-016 (2020, 1016:1.)); 2020-017 (NH LEGIS E.O. 2020-017 (2020, 1017:1.)); 2020-018 (NH LEGIS E.O. 2020-018 (2020, 1018:1.)); 2020-020 (NH LEGIS E.O. 2020-020 (2020, 1020:1.)); 2020-021 (NH LEGIS E.O. 2020-021 (2020, 1021:1.)); 2020-022 (NH LEGIS E.O. 2020-022 (2020, 1022:1.)); 2020-023 (NH LEGIS E.O. 2020-023 (2020, 1023:1.)); 2020-024 (NH LEGIS E.O. 2020-024 (2020, 1024:1.)); 2020-025 (NH LEGIS E.O. 2020-025 (2020, 1025:1.)); 2021-01 (NH LEGIS E.O. 2021-01 (2021, 1001:1.)), related to the COVID-19 State of Emergency, for potential impact on the terms of this section.
    327:13-a Reinstatement. – Any person who has voluntarily surrendered a license, has allowed a license to expire, or whose license has been revoked by the board, may request reinstatement of the license by filing an application with the board. The board pursuant to RSA 541-A shall establish criteria in rules adopted by the board for reinstatement which include reasonable professional character and competence requirements.

Source. 1999, 197:11, eff. Jan. 1, 2000.

Section 327:14

    327:14 Repealed by 1999, 197:21, IV, eff. Jan. 1, 2000. –

Section 327:15

    327:15 Repealed by 1999, 197:21, V, eff. Jan. 1, 2000. –

Section 327:16

    327:16 Display of License and License Renewal. – The original or a copy of the license renewal must be displayed in a conspicuous place in every office wherein the holder practices optometry; and, whenever required, the holder shall exhibit such license to the board or its authorized representatives.

Source. 1911, 167:9. 1919, 78:2. PL 207:17. RL 253:17. 1999, 197:12, eff. Jan. 1, 2000.

Section 327:17

    327:17 Repealed by 1999, 197:21, VI, eff. Jan. 1, 2000. –

Section 327:18

    327:18 Repealed by 1999, 197:21, VII, eff. Jan. 1, 2000. –

Section 327:19

    327:19 Repealed by 1999, 197:21, VIII, eff. Jan. 1, 2000. –

Section 327:20


See Emergency Order #29 (NH LEGIS E.O. 2020-29-Emerg. (2020, 2029:1.)), issued pursuant to Executive Order 2020-04 (NH LEGIS E.O. 2020-04 (2020, 1004:1.)) as extended by Executive Orders 2020-05 (NH LEGIS E.O. 2020-05 (2020, 1005:1.)); 2020-08 (NH LEGIS E.O. 2020-08 (2020, 1008:1.)); 2020-09 (NH LEGIS E.O. 2020-09 (2020, 1009:1.)); 2020-010 (NH LEGIS E.O. 2020-010 (2020, 1010:1.)); 2020-014 (NH LEGIS E.O. 2020-014 (2020, 1014:1.)); 2020-015 (NH LEGIS E.O. 2020-015 (2020, 1015:1.)); 2020-016 (NH LEGIS E.O. 2020-016 (2020, 1016:1.)); 2020-017 (NH LEGIS E.O. 2020-017 (2020, 1017:1.)); 2020-018 (NH LEGIS E.O. 2020-018 (2020, 1018:1.)); 2020-020 (NH LEGIS E.O. 2020-020 (2020, 1020:1.)); 2020-021 (NH LEGIS E.O. 2020-021 (2020, 1021:1.)); 2020-022 (NH LEGIS E.O. 2020-022 (2020, 1022:1.)); 2020-023 (NH LEGIS E.O. 2020-023 (2020, 1023:1.)); 2020-024 (NH LEGIS E.O. 2020-024 (2020, 1024:1.)); 2020-025 (NH LEGIS E.O. 2020-025 (2020, 1025:1.)); 2021-01 (NH LEGIS E.O. 2021-01 (2021, 1001:1.)), related to the COVID-19 State of Emergency, for potential impact on the terms of this section.
    327:20 Disciplinary Action. –
I. The board may undertake disciplinary proceedings:
(a) Upon its own initiative; or
(b) Upon written complaint of any person which charges that a person licensed by the board has committed misconduct under paragraph II and which specifies the grounds therefor.
II. Misconduct sufficient to support disciplinary proceedings under this section shall include:
(a) The practice of fraud or deceit in procuring or attempting to procure a license to practice under this chapter;
(b) Conviction of a felony or any offense involving moral turpitude;
(c) Any unprofessional conduct, or dishonorable conduct unworthy of, and affecting the practice of, the profession;
(d) Unfitness or incompetency by reason of negligent habits or other causes; or negligent or willful acts performed in a manner inconsistent with the health or safety of persons under the care of the licensee;
(e) Addiction to the use of alcohol or other habit-forming drugs to a degree which renders him unfit to practice under this chapter;
(f) Mental or physical incompetency to practice under this chapter;
(g) Willful or repeated violation of the provisions of this chapter;
(h) Suspension or revocation of a license, similar to one issued under this chapter, in another jurisdiction and not reinstated; or
(i) The use of any pharmaceutical agent by an optometrist not authorized under RSA 327:6-a or the use of any pharmaceutical agent other than those agents described in RSA 327:1 or those previously approved by the joint credentialing committee.
III. The board may take disciplinary action in any one or more of the following ways:
(a) By reprimand;
(b) By suspension, limitation or restriction of license for a period of up to 5 years;
(c) By revocation of license;
(d) By requiring the person to participate in a program of continuing education in the area or areas in which the person has been found deficient; or
(e) By assessing administrative fines established by the board which shall not exceed $2,000 per offense or, in the case of continuing offenses, $200 for each day the violation continues after notice, whichever is greater.

Source. 1911, 167:10. PL 207:22. RL 253:22. 1949, 111:1. 1951, 72:10. RSA 327:20. 1977, 131:1. 1981, 355:8. 1999, 197:13. 2006, 182:5. 2016, 83:7, eff. July 18, 2016.

Section 327:20-a

    327:20-a Repealed by 1999, 197:21, IX, eff. Jan. 1, 2000. –

Section 327:21

    327:21 Complaints. – Proceedings for revocation shall be begun by written charges, which may be made by the board on its own motion or by any other person.

Source. 1911, 167:10. PL 207:23. RL 253:23.

Section 327:22

    327:22 Hearings; Investigations. –
I. The board shall take no disciplinary action without a hearing. At least 14 days prior to hearing, both parties to a disciplinary proceeding shall be served, either personally or by certified mail, with a written copy of the complaint filed and notice of the time and place of hearing. All complaints shall be objectively received and fairly heard by the board, but no complaint shall be acted upon unless in writing. A hearing shall be held on all written complaints received by the board, within one year of the date notice of a complaint was received by the accused, unless otherwise agreed to by the parties. Written notice of all disciplinary decisions made by the board shall be given to both parties to the proceeding upon their issuance.
II. (a) The board shall have the power to administer oaths or affirmations, preserve testimony, subpoena witnesses, and to compel, by subpoena duces tecum, the production of all books, records, files and documents, whether originals, copies, or in electronic or other form, and other materials, relevant to its investigation of any grievance, complaint, or disciplinary proceeding before the board.
(b) The board may issue subpoenas with the approval of the office of the attorney general.
(c) A minimum of 10 business days' notice shall be given for compliance with a subpoena under this chapter.
III. At any hearing, the named person or licensee shall have the right to:
(a) Appear in person, by counsel, or both.
(b) Produce evidence and witnesses.
(c) Cross-examine witnesses.
IV. If the named person fails or refuses to appear, the board may proceed to hear and determine the validity of the charges.

Source. 1911, 167:10. PL 207:24. RL 253:24. RSA 327:22. 1981, 355:9. 1999, 197:14. 2014, 34:13, eff. Jan. 1, 2015.

Section 327:23

    327:23 Repealed by 1999, 197:21, X, eff. Jan. 1, 2000. –

Section 327:24

    327:24 Repealed by 1999, 197:21, XI, eff. Jan. 1, 2000. –

Regulations and Penalties

Section 327:25

    327:25 Repealed by 1999, 197:21, XII, eff. Jan. 1, 2000. –

Section 327:25-a

    327:25-a Contact Lens Prescriptions to be Provided to Patient. –
I. After contact lenses have been adequately fitted and the patient released from immediate follow-up care by an optometrist licensed under this chapter or an ophthalmologist registered under RSA 329, the prescribing optometrist or ophthalmologist shall, upon the patient's request, provide to the patient a prescription in writing for replacement contact lenses.
II. Optometrists and ophthalmologists shall not be required to service contact lenses that they did not dispense.
III. An optometrist or ophthalmologist may refuse to give the patient a copy of the patient's contact lens prescription until the patient has paid for the eye examination, but only if that optometrist or ophthalmologist would have required immediate payment from that patient had the examination revealed that no ophthalmic goods were required.
IV. (a) No person shall conduct or operate a business outside of the state for the sale at retail of contact lenses to individuals within the state unless such business is registered with a permit issued by the board of pharmacy if the out-of-state business is a pharmacy, or by the board of registration in optometry if the out-of-state business is not a pharmacy.
(b) The board of pharmacy or the board of registration in optometry shall issue a permit to such out-of-state business if the business discloses and provides proof:
(1) That the business is in compliance with all applicable laws and rules in the state in which the business is located;
(2) Of the operating locations and the names and titles of all principal corporate officers;
(3) That the business complies with all lawful directions and requests for information from the board of pharmacy and the board of registration in optometry of all states in which it conducts business; and
(4) That the business agrees in writing to comply with all New Hampshire laws and rules relating to the sale or dispensing of contact lenses.
(c) The board of pharmacy or the board of registration in optometry shall assess the following registration fees for out-of-state contact lens sale companies:
(1) $300 for the initial registration.
(2) $150 for an annual registration renewal.
V. For purposes of this section, "prescription for contact lenses" means a dated and signed written direction specifying that it is for contact lenses and which shall include at least the power, size, curvature, color and material composition of the contact lenses. Other parameters or instructions, including but not limited to lens manufacturer, prescription expiration date, number of permitted refills, and a statement prohibiting substitutions may be included at the prescriber's professional discretion and shall be honored by the person who fills the prescription. Unless otherwise specified by the prescriber for health reasons, a contact lens prescription shall expire one year from the date of issue.
VI. No person shall sell contact lenses without a valid prescription as defined in paragraph V.

Source. 1994, 146:1. 1999, 197:15. 2011, 121:2, eff. Aug. 1, 2011.

Section 327:25-b

    327:25-b Prescriptions for Spectacle Lenses and Contact Lenses. – For the purpose of a provider issuing a prescription for spectacle lenses, as defined in RSA 327-A:1, III, or a prescription for contact lenses, as defined in RSA 327-A:1, IV, to a patient, a provider shall establish a bona fide provider-patient relationship by an examination in person, through face-to-face interactive, 2-way, real-time communication, or telemedicine when all of the following conditions are met:
I. The provider obtains an updated medical history at the time of prescribing;
II. The provider makes a diagnosis at the time of prescribing;
III. The provider conforms to the standard of care expected of in-person care as appropriate to the patient's age and presenting condition, including when the standard of care requires the use of diagnostic testing and performance of a physical examination, which may be carried out through the use of peripheral devices appropriate to the patient's condition;
IV. The ophthalmic prescription is not determined solely by use of an online questionnaire;
V. The provider is actively licensed in New Hampshire and authorized to prescribe; and
VI. Upon request, the prescriber provides patient records in a timely manner in accordance with the provisions of RSA 332-I and all other state and federal laws and regulations.

Source. 2019, 199:2, eff. Sept. 8, 2019.

Section 327:25-c

    327:25-c Telemedicine. – Persons licensed by the board shall be permitted to provide services through the use of telemedicine.

Source. 2020, 27:21, eff. July 21, 2020.

Section 327:26

    327:26 Repealed by 1999, 197:21, XIII, eff. Jan. 1, 2000. –

Section 327:27

    327:27 Unprofessional Conduct. – No corporation shall engage in the practice of optometry nor shall any person practice optometry under any lease, contract or other arrangement whereby any person not duly authorized to practice optometry shares, directly or indirectly, in any fees received in connection with said practice of optometry.

Source. 1951, 72:12 par. 28-a. 1999, 197:16, eff. Jan. 1, 2000.

Section 327:28

    327:28 Misrepresentation. – It shall be unlawful for any person or persons whomsoever to represent himself or themselves as an optometrist or optometrists unless qualified under the provisions of this chapter.

Source. 1951, 72:12 par. 28-b, eff. July 1, 1951.

Section 327:29

    327:29 Repealed by 1999, 197:21, XIV, eff. Jan. 1, 2000. –

Section 327:30

    327:30 Penalty. –
I. Any natural person who shall violate any of the provisions of this chapter shall be guilty of a class A misdemeanor, or guilty of a felony if any other person.
II. Any person regulated by this chapter who is guilty of an unlawful act, as defined in RSA 358-A, shall be subject to prosecution thereunder.
III. In addition to any other penalties, the board may assess, compromise, and collect administrative fines against persons who violate this chapter.
IV. The board is authorized to issue a cease and desist order against any person or entity acting in violation of this chapter. The cease and desist order shall be enforceable in superior court.
V. The attorney general, the board, or the prosecuting attorney of any county or municipality where the violation takes place may maintain an action to enjoin any person or entity from continuing to violate the provisions of this chapter. The action to enjoin shall not replace any other civil, criminal, or regulatory remedy. An injunction without bond is available to the board.

Source. 1911, 167:11. PL 207:30. RL 253:30. RSA 327:30. 1973, 529:78. 1977, 131:3. 1999, 197:17. 2006, 76:13. 2011, 121:3, eff. Aug. 1, 2011.

Section 327:31


See Emergency Order #29 (NH LEGIS E.O. 2020-29-Emerg. (2020, 2029:1.)), issued pursuant to Executive Order 2020-04 (NH LEGIS E.O. 2020-04 (2020, 1004:1.)) as extended by Executive Orders 2020-05 (NH LEGIS E.O. 2020-05 (2020, 1005:1.)); 2020-08 (NH LEGIS E.O. 2020-08 (2020, 1008:1.)); 2020-09 (NH LEGIS E.O. 2020-09 (2020, 1009:1.)); 2020-010 (NH LEGIS E.O. 2020-010 (2020, 1010:1.)); 2020-014 (NH LEGIS E.O. 2020-014 (2020, 1014:1.)); 2020-015 (NH LEGIS E.O. 2020-015 (2020, 1015:1.)); 2020-016 (NH LEGIS E.O. 2020-016 (2020, 1016:1.)); 2020-017 (NH LEGIS E.O. 2020-017 (2020, 1017:1.)); 2020-018 (NH LEGIS E.O. 2020-018 (2020, 1018:1.)); 2020-020 (NH LEGIS E.O. 2020-020 (2020, 1020:1.)); 2020-021 (NH LEGIS E.O. 2020-021 (2020, 1021:1.)); 2020-022 (NH LEGIS E.O. 2020-022 (2020, 1022:1.)); 2020-023 (NH LEGIS E.O. 2020-023 (2020, 1023:1.)); 2020-024 (NH LEGIS E.O. 2020-024 (2020, 1024:1.)); 2020-025 (NH LEGIS E.O. 2020-025 (2020, 1025:1.)); 2021-01 (NH LEGIS E.O. 2021-01 (2021, 1001:1.)), related to the COVID-19 State of Emergency, for potential impact on the terms of this section.
    327:31 Rulemaking Authority. –
The board shall adopt rules, pursuant to RSA 541-A, relative to:
I. The application procedure for a license to practice optometry;
II. The qualifications of applicants in addition to those requirements set by RSA 327:6 and RSA 327:6-a;
III. How an applicant shall be examined including:
(a) Time and place of examination, and
(b) Passing grade;
IV. How a license to practice optometry shall be renewed or reinstated;
V. Ethical and professional standards, in addition to those specified by RSA 327:20, required to be met by each holder of a license to practice optometry and how disciplinary actions by the board shall be implemented pursuant to RSA 327:21, RSA 327:22, and RSA 327:27 for violations of these standards;
VI. The establishment of fees for license reinstatement, and for transcribing and transferring records and other services;
VII. Requirements for continuing education in addition to those requirements set by RSA 327:33 and RSA 327:33-a;
VIII. Additions or alterations to the defined pharmaceutical agents for diagnostic purposes as set forth in RSA 327:1, III; and
IX. Procedural and substantive requirements for assessing, compromising, and collecting administrative fines as authorized by RSA 327:20, III(e).
X. Prescribing controlled drugs pursuant to RSA 318-B:41.

Source. 1939, 213:1. RL 253:31. RSA 327:31. 1981, 355:10. 1985, 245:35. 1999, 197:18. 2014, 167:36. 2016, 213:5, eff. June 7, 2016.

Section 327:32

    327:32 Repealed by 1999, 197:21, XV, eff. Jan. 1, 2000. –

Section 327:33


See Emergency Order #29 (NH LEGIS E.O. 2020-29-Emerg. (2020, 2029:1.)), issued pursuant to Executive Order 2020-04 (NH LEGIS E.O. 2020-04 (2020, 1004:1.)) as extended by Executive Orders 2020-05 (NH LEGIS E.O. 2020-05 (2020, 1005:1.)); 2020-08 (NH LEGIS E.O. 2020-08 (2020, 1008:1.)); 2020-09 (NH LEGIS E.O. 2020-09 (2020, 1009:1.)); 2020-010 (NH LEGIS E.O. 2020-010 (2020, 1010:1.)); 2020-014 (NH LEGIS E.O. 2020-014 (2020, 1014:1.)); 2020-015 (NH LEGIS E.O. 2020-015 (2020, 1015:1.)); 2020-016 (NH LEGIS E.O. 2020-016 (2020, 1016:1.)); 2020-017 (NH LEGIS E.O. 2020-017 (2020, 1017:1.)); 2020-018 (NH LEGIS E.O. 2020-018 (2020, 1018:1.)); 2020-020 (NH LEGIS E.O. 2020-020 (2020, 1020:1.)); 2020-021 (NH LEGIS E.O. 2020-021 (2020, 1021:1.)); 2020-022 (NH LEGIS E.O. 2020-022 (2020, 1022:1.)); 2020-023 (NH LEGIS E.O. 2020-023 (2020, 1023:1.)); 2020-024 (NH LEGIS E.O. 2020-024 (2020, 1024:1.)); 2020-025 (NH LEGIS E.O. 2020-025 (2020, 1025:1.)); 2021-01 (NH LEGIS E.O. 2021-01 (2021, 1001:1.)), related to the COVID-19 State of Emergency, for potential impact on the terms of this section.
    327:33 Continuing Education Courses Required for Non-Pharmaceutical Certification. – All optometrists licensed in this state shall be required to take annual courses of study in subjects relating to the practice of the profession of optometry. The length of study shall be prescribed by the board, with a minimum of 15 hours in a calendar year. Attendance must be at a course approved by the board. The board shall be allowed to waive in whole or in part this study requirement in cases of certified illness or undue hardship.

Source. 1973, 333:2. 1999, 197:19, eff. Jan. 1, 2000.

Section 327:33-a


See Emergency Order #29 (NH LEGIS E.O. 2020-29-Emerg. (2020, 2029:1.)), issued pursuant to Executive Order 2020-04 (NH LEGIS E.O. 2020-04 (2020, 1004:1.)) as extended by Executive Orders 2020-05 (NH LEGIS E.O. 2020-05 (2020, 1005:1.)); 2020-08 (NH LEGIS E.O. 2020-08 (2020, 1008:1.)); 2020-09 (NH LEGIS E.O. 2020-09 (2020, 1009:1.)); 2020-010 (NH LEGIS E.O. 2020-010 (2020, 1010:1.)); 2020-014 (NH LEGIS E.O. 2020-014 (2020, 1014:1.)); 2020-015 (NH LEGIS E.O. 2020-015 (2020, 1015:1.)); 2020-016 (NH LEGIS E.O. 2020-016 (2020, 1016:1.)); 2020-017 (NH LEGIS E.O. 2020-017 (2020, 1017:1.)); 2020-018 (NH LEGIS E.O. 2020-018 (2020, 1018:1.)); 2020-020 (NH LEGIS E.O. 2020-020 (2020, 1020:1.)); 2020-021 (NH LEGIS E.O. 2020-021 (2020, 1021:1.)); 2020-022 (NH LEGIS E.O. 2020-022 (2020, 1022:1.)); 2020-023 (NH LEGIS E.O. 2020-023 (2020, 1023:1.)); 2020-024 (NH LEGIS E.O. 2020-024 (2020, 1024:1.)); 2020-025 (NH LEGIS E.O. 2020-025 (2020, 1025:1.)); 2021-01 (NH LEGIS E.O. 2021-01 (2021, 1001:1.)), related to the COVID-19 State of Emergency, for potential impact on the terms of this section.
    327:33-a Continuing Education Courses Required for Pharmaceutical and Glaucoma Certification. –
I. An optometrist certified to use pharmaceutical agents in the practice of optometry shall complete a minimum of 50 hours of continuing education every year in order to maintain pharmaceutical certification. A minimum of 20 hours shall be by participation in formal courses and the remainder by independent study. Each optometrist shall report continuing education hours to the board annually in accordance with rules adopted by the board for the implementation of this section. Such continuing education courses and activities shall satisfy the requirements of RSA 327:33.
II. An optometrist certified to treat glaucoma shall complete a minimum of 10 of the required hours in glaucoma specific education. A minimum of 7 hours shall be by participation in formal courses and 3 hours may be by independent study.

Source. 1993, 333:11. 1999, 197:19. 2002, 274:4, eff. July 17, 2002.

Section 327:33-b

    327:33-b Consumer Publication. – The board of optometry shall develop a consumer publication that contains the information necessary to educate consumers regarding optical services and products, the services available from the optometrist authorized to use therapeutics to treat eye conditions, and the services available from other optometrists. The board shall supply reasonable quantities of this publication at no charge to all licensed practitioners.

Source. 1993, 333:11, eff. Jan. 1, 1994.

Section 327:34

    327:34 Report to Division of Workforce Innovation. – All licensed optometrists in this state shall report, with the permission of the patient or the patient's parent or guardian, all cases of vision examination results of 20/200 or less in the better eye, after correction, to the division of workforce innovation, department of education. Such report shall contain the name and address of the examined individual, date of birth, the amount of vision in both eyes, and the cause of visual impairment. The information contained in the report shall be treated as confidential by the division.

Source. 1979, 137:1. 1994, 379:18. 1999, 197:20, eff. Jan. 1, 2000. 2018, 315:15, eff. Aug. 24, 2018.