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20:50:02:04.03. Licensure by endorsement. An applicant for licensure by endorsement shall
submit the application and fingerprints required by § 20:50:02:02 and pay the application fee for
initial licensure pursuant to § 20:50:02:03.01. The application must be supported by written
evidence satisfactory to the board South Dakota Board of Examiners in Optometry that the
applicant:
(1) Is licensed in good standing to practice optometry in a state or territory under U.S. United
States jurisdiction that required passage of a written, entry-level examination certified by the
National Board of Examiners in Optometry at the time of initial licensure;
(2) Has either passed the Treatment and Management of Ocular Disease (TMOD) portion of
the national examinations examination or has is authorized to use therapeutic pharmaceutical
privileges agents; and
(3) Has been actively and routinely engaged in the practice of optometry, including the use of
therapeutic pharmaceutical agents, for at least five consecutive years immediately preceding
application under this section.
The applicant shall request any optometry licensing agency of any U.S. United States
jurisdiction in which the applicant is licensed, or has ever been licensed to practice optometry, to
provide reports directly to the board South Dakota Board of Examiners in Optometry describing
the applicant's current standing and any past or pending actions taken with respect to the applicant's
authority to practice optometry in those jurisdictions, including any investigations, entrances into
consent agreements, suspensions, revocations, or refusals to issue or renew a license. The board
shall review, on a case-by-case basis, any application received from an optometrist who has had a
license revoked by another optometric licensing jurisdiction.
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The board may require additional education, testing, or training before granting licensure under
SDCL 36-7-13 if the competency of any applicant is in question. Any applicant who has previously
been denied a license by the board shall apply for and meet all initial licensure requirements.
Source: 6 SDR 66, effective January 8, 1980; 12 SDR 78, effective November 10, 1985; 12
SDR 151, 12 SDR 155, effective July 1, 1986; 21 SDR 35, effective August 30, 1994; 31 SDR
101, effective January 19, 2005; 32 SDR 225, effective July 5, 2006; 34 SDR 323, effective July
2, 2008; 46 SDR 119, effective May 4, 2020; 49 SDR 12, effective August 14, 2022.
General Authority: SDCL 36-7-13(1), 36-7-15(2).
Law Implemented: SDCL 36-7-12.2, 36-7-13, 36-7-15(5).
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20:50:02:06. National board examinations required. An To obtain licensure, an applicant must
pass the following examinations certified by the National Board of Examiners in Optometry:
(1) Part I (, Applied Basic Science);
(2) Part II (, Patient Assessment and Management);
(3) Part III (Clinical Skills, Patient Encounters and Performance Skills); and
(4) Treatment and Management of Ocular Disease (TMOD).
The application must indicate when the applicant took the national board examinations and the
subjects covered. The applicant must have passed the examinations within the no more than five
years before the date of application, licensure in this state unless the applicant is licensed pursuant
to § 20:50:02:04.03 in another United States jurisdiction and is seeking licensure by endorsement.
The board may require additional education, testing, or training before granting a new
application for licensure if the competency of any applicant is in question.
Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 8, 1980; 12 SDR 78, effective
November 10, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 17 SDR 199, effective June
30, 1991; 46 SDR 119, effective May 4, 2020; 49 SDR 12, effective August 14, 2022.
General Authority: SDCL 36-7-15(2).
Law Implemented: SDCL 36-7-11(6), 36-7-12.1, 36-7-15(5).
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CHAPTER 20:50:04
CODE OF ETHICS
Section
20:50:04:01 Confidential communications.
20:50:04:02 Advising patient.
20:50:04:03 Serving as optician prohibited.
20:50:04:04 Maintenance of office.
20:50:04:05 Use of word "doctor."
20:50:04:05.01 Repealed.
20:50:04:06 Optometrist to write and release prescription -- Requests for medical records.
20:50:04:07 Claims of superiority.
20:50:04:08 Repealed.
20:50:04:09 Division of fees -- Payments to employees.
20:50:04:10 Repealed.
20:50:04:11 Improper business relationships.
20:50:04:12 Scope of practice -- Procedural codes, Repealed.
20:50:04:13 Delegation to unlicensed personnel.
20:50:04:14 Telehealth.
Appendix A Procedural Code List, Repealed.
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20:50:04:13. Delegation to unlicensed personnel. An optometrist may delegate tasks to
trained, unlicensed personnel under the supervision of an optometrist. The unlicensed personnel
may not perform any task that requires the exercise of professional clinical judgment or
interpretation.
An optometrist who delegates tasks to unlicensed personnel is responsible for the outcomes
and quality of care provided by the unlicensed personnel. An optometrist shall ensure the
unlicensed personnel:
(1) Is appropriately trained to maintain necessary equipment and supplies; and
(2) Has demonstrated sufficient proficiency for, and is competent to perform, tasks to be
completed.
The optometrist must be immediately available to respond to any question or issue that
may arise during the provision of delegated tasks by the unlicensed personnel.
Failure to comply with this section is unprofessional conduct pursuant to SDCL 36-7-25.
Source:
General Authority: SDCL 36-7-15.
Law Implemented: 36-7-25(8), 36-7-25(18).
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20:50:04:14. Telehealth. The same standard of care applies to the practice of optometry,
whether provided in-person or via telehealth. An optometrist may not provide telehealth services
unless the optometrist has established a provider-patient relationship with the patient in
compliance with SDCL 34-52-3 and this section.
To provide telehealth services, an optometrist must have provided services to the patient
at an in-person consultation no more than three years prior to the date when telehealth services
are provided. An optometrist may provide telehealth services in the absence of a provider-patient
relationship when, in the professional clinical judgment of the optometrist, the patient requires
emergency care.
Before providing telehealth services, the optometrist must:
(1) Disclose to the patient the methods of telehealth delivery and treatment, and any
limitations; and
(2) Obtain written consent from the patient to receive telehealth services.
An optometrist treating a patient through telehealth shall perform a comprehensive
optometric examination, as described in § 20:50:07:01, before prescribing eyeglasses or contact
lenses to the patient.
An optometrist providing telehealth services shall establish protocols for referrals for
emergency services.
An optometrist providing telehealth services may not issue a prescription for any
controlled substance to the patient for whom telehealth services are provided.
Failure to comply with this section is unprofessional conduct pursuant to SDCL 36-7-25.
Source:
General Authority: SDCL 36-7-15(2).
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Law Implemented: SDCL 34-52-2, 34-52-3, 36-7-25(8).
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CHAPTER 20:50:06
OFFICE AND EQUIPMENT REQUIREMENTS
Section
20:50:06:01 Minimum office equipment.
20:50:06:01.01 Telehealth office equipment.
20:50:06:02 Inspection of office for a new applicant.
20:50:06:02.01 Inspection of office for new establishments.
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20:50:06:01. Minimum office equipment. A licensed optometrist's office must include contain
the following equipment,which must be kept maintained in good condition:
(1) Ophthalmic chair and instrument unit;
(2) Retinoscope;
(3) Ophthalmoscope Direct ophthalmoscope;
(4) Binocular indirect ophthalmoscope;
(5) Phoropter;
(5)(6) Keratometer;
(6)(7) Trial lens set;
(7)(8) Trial frame;
(8)(9) Transilluminator;
(9)(10) Projector chart or other luminous acuity chart;
(10)(11) Biomicroscope;
(11)(12) Instrument to evaluate intraocular pressure;
(12)(13) Permanent patient record system;
(13)(14) Visual fields instrument;
(14)(15) Color vision test equipment; and
(15)(16) Sanitary lavatory basin.
Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 8, 1980; 12 SDR 78, effective
November 10, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 34 SDR 101, effective
October 18, 2007; 49 SDR 12, effective August 14, 2022.
General Authority: SDCL 36-7-15(2).
Law Implemented: SDCL 36-7-15(2) 36-7-25(8).
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20:50:06:01.01. Telehealth office equipment. In addition to the equipment in § 20:56:06:01, an
optometrist providing telehealth services shall maintain an office containing the following
equipment, maintained in good condition:
(1) Anterior segment video recording system; and
(2) Full field imaging system or fundus camera.
Source:
General Authority: SDCL 36-7-15(2).
Law Implemented: SDCL 36-7-25(8).
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20:50:06:02. Inspection of office for a new applicant. A licensee shall inform the board
within 60 days following the establishment of a new practice of optometry in this state. The board
may conduct an inspection of the office facility and procedures.
The board shall conduct an office inspection, in accordance with SDCL 36-7-30, prior to
the issuance of a license, unless the applicant:
(1) Indicates on the initial license application that the applicant has arranged a bona fide
association with a licensed optometrist at an office that has been inspected by the board within the
past two years and meets the requirements of §§ 20:50:06:01 and 20:50:06:01.01; or
(2) Is entering the military or other governmental service.
The applicant shall appear in person for a board inspection.
Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 8, 1980; 12 SDR 78, effective
November 10, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 21 SDR 35, effective
August 30, 1994; 34 SDR 101, effective October 18, 2007; 49 SDR 12, effective August 14, 2022.
General Authority: SDCL 36-7-15(2).
Law Implemented: SDCL 36-7-15(2) 36-7-25(8), 36-7-30.
Cross-Reference: Issuance of license, § 20:50:02:07.
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20:50:06:02.01. Inspection of office for new establishments. A licensed optometrist shall
inform the board within sixty days of establishing a new practice of optometry in this state for
purposes of inspection in accordance with SDCL 36-7-30.
The licensee shall appear in person for a board inspection.
Source:
General Authority: SDCL 36-7-15(2).
Law Implemented: SDCL 36-7-25(8), 36-7-30.
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CHAPTER 20:50:11
CORPORATE PRACTICE
Section
20:50:11:01 Application for registration.
20:50:11:02 Professional corporation -- Admitting shareholder.
20:50:11:03 Renewal of certificate of registration.
20:50:11:01. Application for registration. Initial applications An initial application for
registration for of a professional corporations shall include the following optometric corporation
must contain, in addition to the information specified in SDCL 47-11B-8, the following:
(1) Name and address of the corporation;
(2)(1) A copy of its the corporation's certificate of incorporation;
(3)(2) A copy of its the corporation's articles of incorporation;
(4)(3) A copy of the minutes of its the corporation's organizational meeting;
(5)(4) A copy of the corporation's insurance binder;
(6)(5) A registration fee of $50 required by SDCL 4-11B-9; and
(7)(6) A sworn statement from the president of the corporation stating that the corporation
will not hold itself out to the public as possessing any skills or expertise not possessed by
optometrists in noncorporate practice.
Source: 12 SDR 78, effective November 10, 1985; 12 SDR 151, 12 SDR 155, effective
July 1, 1986.
General Authority: SDCL 47-11B-23.
Law Implemented: SDCL 47-11B-8, 47-11B-9, 47-11B-18.
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20:50:11:03. Renewal of certificate of registration. Each registered optometric corporation
shall submit to the board by December 1 of each year an application for renewal of its certificate
of registration. The application fee as required by SDCL 47-11B-13 shall accompany the
application.
Source: 12 SDR 78, effective November 10, 1985; 12 SDR 151, 12 SDR 155, effective July
1, 1986.
General Authority: SDCL 47-11B-23.
Law Implemented: SDCL 47-11B-13.