§459-7  Application; examination;
reexamination; appeal; renewal; continuing education; license.  (a)  Except
as otherwise provided in this chapter, every person desiring to begin or to
continue the practice of optometry, before beginning or continuing practice,
upon presentation of satisfactory evidence that the applicant is a graduate of
an optometric college, school, or university approved by the board of examiners
in optometry and accredited by a regional or professional accreditation
organization and recognized by the council on post- secondary accreditation or
by the United States Department of Education, shall pass all examinations
required by the board and comply with the following requirements:



(1)  Submit a completed application for licensure to the
department of commerce and consumer affairs;



(2)  Submit a nonrefundable application fee together
with the application; and



(3)  Submit a copy of the applicant's diploma or
certificate of graduation from an optometric college, school, or university
approved in accordance with this subsection.



(b)  Applicants for examination shall be given
due notice of the date and place of each examination by the National Board of
Examiners in Optometry.  If a National Board of Examiners in Optometry
examination is no longer recognized by the board, applicants shall pass an
examination designated by the board and shall be notified by the board or
testing agency designated by the board of the date and place of examination.



Every candidate who passes all examinations required
by the board and who has met all requirements for licensure shall receive from
the board a license to practice optometry.



(c)  Each licensee shall pay a biennial license
fee to the board on or before December 31 of each odd-numbered year for a renewal
of the license for the biennium.  The failure of any licensee to pay the
biennial license fee and submit proof of satisfying the continuing education
program requirements on or before December 31 of each odd-numbered year shall
automatically constitute a forfeiture of the license.  Any license which is so
forfeited may be restored upon payment of a penalty, renewal, and recordkeeping
fee as provided in rules adopted by the director pursuant to chapter 91, and
upon submission of proof that the person whose license has been forfeited has
satisfied all continuing education requirements for the biennium immediately
preceding the application for restoration of the license.  The applicant shall
pay a recordkeeping fee for each biennium the license was on forfeited status.



(d)  Each licensee, on or before the date
designated in each odd-numbered year, shall submit to the board proof that the
licensee has met the continuing education requirement through programs
recognized and approved by the board.  The board shall have the authority to
extend the time for compliance of continuing education requirement if good
cause is shown.  The board shall adopt rules relating to the requirements and
standards that continuing education programs shall meet to obtain recognition
or approval from the board. [L 1917, c 187, §5; RL 1925, §1116; RL 1935, §1374;
am L 1941, c 195, pt of §1; RL 1945, §2805; am L 1949, c 58, §1(3); am L 1951,
c 230, §1; am L 1955, c 111, §1; RL 1955, §68-7; am L 1961, c 142, §5; HRS
§459-7; am L 1972, c 2, §23 and c 123, §1; am L 1973, c 156, §1; am L 1975, c
118, §22; am L 1984, c 7, §54; am L 1985, c 224, §7 and c 294, §3; am L 1987, c
70, §1, c 152, §4, and c 283, §32; am L 1992, c 21, §2; am L 1994, c 123, §1;
am L 1997, c 40, §15 and c 43, §1]



 



Revision Note



 



  In subsection (a)(3), "this subsection" substituted
for "subsection (a)".



 



Cross References



 



  Disposal of examination records, see §94-5.



  Professional testing services, see §26-9.