(HB 1044)
Optometry practice requirements revised.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 36-7-15.2 be amended to read as follows:
36-7-15.2. Only those optometrists who have satisfactorily completed a curriculum in general
and ocular pharmacology at an institution accredited by a regional or professional accreditation
organization which is recognized or approved by the council on postsecondary accreditation of the
United States Office of Education within the Department of Health and Human Services and
approved by the State Board of Examiners in Optometry are eligible to apply for the certificate
issued pursuant to § 36-7-15.1. Those practitioners who have established their eligibility pursuant
to this section must shall also pass an examination approved by the board before they may be
certified to administer the topical pharmaceutical agents described by § 36-7-1. The State Board
of Examiners in Optometry may promulgate rules pursuant to chapter 1-26 to establish a fee, not
to exceed one hundred dollars, for the examination, reexamination, and certification for the use of
topical pharmaceutical agents as provided by this section.
Section 2. That § 36-7-15.3 be amended to read as follows:
36-7-15.3. The board, in certifying optometrists for the use of therapeutic drugs, shall require that all applicants before certification either have taken and successfully passed the treatment and management of ocular disease portion of the National Board of Examiners in Optometry test or have taken and successfully passed an examination prepared or certified by the board as covering all areas of pharmacological education provided to graduates of accredited optometric colleges. The South Dakota State University School of Pharmacy may assist the board in the formulation
or administration of the examination of optometrists for competency in therapeutic drugs. The
board shall provide at least annually to each licensed pharmacist in this state a list of the names,
addresses, and certification numbers of all optometrists certified to prescribe therapeutic drugs.
Each optometrist certified to prescribe therapeutic drugs shall communicate verbally and by a
conspicuous sign adjacent to the office entrance the fact of certification to use topical eye
medications. The certification notice shall also be included by the optometrist in the classified
section of the telephone directory.
Section 3. That § 36-7-18 be amended to read as follows:
36-7-18. Every person practicing optometry shall:
Section 4. That § 36-7-24 be amended to read as follows:
36-7-24. The Board of Examiners, in compliance with chapter 1-26, may revoke the certificate
of any registrant for any one, or any combination, of the following causes:
Section 5. That § 36-7-25 be amended to read as follows:
36-7-25. The term ", unprofessional conduct," as used in this chapter, is defined to mean
means:
Section 6. That § 36-7-27 be amended to read as follows:
36-7-27. After one year and upon application and proof that the disqualification has ceased or
that the applicant will probably not repeat the offense the Board of Examiners may reinstate a
person whose certificate has been revoked, if no other basis for denial of the license exists.
Section 7. That § 47-11B-22 be amended to read as follows:
47-11B-22. A corporation formed pursuant to the provisions of this chapter, may adopt a pension, profit sharing (whether cash or deferred), health and accident, insurance, or welfare plan for all or part of its employees, including lay employees, providing that such plan does not require or result in the sharing of specific or identifiable fees with any lay employees and any payments made to lay employees or into any such plan in behalf of lay employees are based upon their
compensation or length of service, or both, rather than the amount of fees or income received by
the corporation or its shareholders.