HB 1267 — Optometrist Licensure (North Dakota) — Summary
Status & Sponsors
- Bill: HB 1267 — An Act to amend and reenact sections 43-13-01, 43-13-02, 43-13-05, 43-13-07, 43-13-08, 43-13-13, 43-13-13.2, 43-13-13.3, 43-13-15, 43-13-16, 43-13-17, and 43-13-19, N.D. Century Code (optometrist licensure).
- Introduced: November 13, 2024. Sponsors: Reps. Warrey, Louser, M. Ruby, Vollmer; Sens. Barta, Roers.
- Committee action: Adopted by Industry, Business & Labor Committee (Feb 11, 2025). Filed with Secretary of State: 03/24/2025.
- Note: Texts include first-engrossed version; full enactment/effective date not provided in excerpts.
Purpose / Intent
- Modernize and clarify North Dakota optometry law: update definitions, scope of practice, telemedicine provisions, pharmaceutical prescribing/certification, board duties and fee authorities, and administrative roles and compensation.
Key Provisions and Changes
- Definitions (43-13-01)
- Adds/clarifies terms including “optometric services,” detailed definitions of “pharmaceutical agent” (diagnostic and therapeutic), and introduces “distant site provider” to authorize optometric telemedicine (provider must hold an active ND optometry license).
- Reiterates that laser therapy and invasive surgery are not permitted; superficial foreign body removal and primary care procedures remain allowed.
- Scope / Practice (43-13-13.2 and related)
- Clarifies what constitutes practicing optometry (visual training, lens/prism prescriptions, etc.).
- Requires certification before an optometrist may prescribe/administer pharmaceutical agents for ocular disease; the board is to set certification requirements — bill text indicates a minimum of 76 hours didactic instruction and 24 hours clinical training for therapeutic pharmaceutical certification.
- Exemptions (43-13-02)
- Students/interns framework maintained (reference to recent graduates under supervision); physicians and surgeons licensed under chapter 43‑17 are listed as exempt.
- Board Administration & Duties (43-13-05, 13, 13.3, 43-13-07, 43-13-08)
- Renames/clarifies secretary → executive director roles and duties (records, custodian of fees, financial reporting).
- Expands board duties to adopt rules for enforcement and public protection, pursue injunctions when necessary.
- Authorizes the board to adopt fees by rule (application, licensure, renewal, late, endorsement, verification, decorative wall certificate, continuing education).
- Board members: per diem, mileage and travel per statutory references; limited additional allowance (text caps “other necessary expenses” at $5/day). Executive director compensation set by the board.
- Telemedicine
- Explicit recognition of optometric telemedicine via “distant site provider” definition; such providers must hold an active ND optometry license.
- Other
- Several other statutory sections (43‑13‑13.3, 15, 16, 17, 19) are amended — likely addressing licensure by endorsement, renewals, continuing education, discipline and reporting — but full language in the provided excerpts is truncated.
Who or What Is Affected
- Optometrists licensed (or seeking licensure) in North Dakota: scope and requirements for prescribing pharmaceuticals, telemedicine practice, and certification/training.
- Optometry students/interns and recent graduates (supervision rules).
- North Dakota State Board of Optometry: expanded rulemaking authority, fee-setting, administrative duties.
- Patients: clearer statutory framework for telemedicine, pharmaceutical treatments, and optometrist services.
Procedural / Timeline Notes
- Bill progressed through committee (Industry, Business & Labor); first-engrossed form exists. Excerpted actions show readings and committee adoption. Effective date not included in the provided excerpts — check enacted version or legislative records for final status and effective date.
Points to Watch / Unresolved Items
- Full text for sections 43-13-13.3, 43-13-15, 43-13-16, 43-13-17, and 43-13-19 was truncated; those may contain important changes (licensure by endorsement, disciplinary process, continuing education specifics).
- Finalized certification requirements (beyond the indicated 76/24-hour minimum) and rulemaking details will be set by the Board once the law is in effect.
- Confirm whether any transition or grandfathering provisions apply to currently practicing optometrists and to telemedicine implementation.
If you want, I can:
- Pull and summarize the omitted sections (43-13-13.3, 15–19) if you provide the full text;
- Prepare a side-by-side comparison of current law vs. the bill for the principal sections.
