DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR'S OFFICE

OPTOMETRY - GENERAL RULES

Filed with the secretary of state on May 19, 2023

These rules become effective immediately after filing with the secretary of state unless

adopted under section 33, 44, or 45a(9) of the administrative procedures act of 1969,

1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections

become effective 7 days after filing with the secretary of state.

(By authority conferred on the director of the department of licensing and regulatory

affairs by sections 16145, 16148, 16174, 16287, and 17431 of the public health code,

1978 PA 368, MCL 333.16145, 333.16148, 333.16174, 333.16287, and 333.17431 and

Executive Reorganization Order Nos. 1991-9, 1996-2, 2003-1, and 2011-4, MCL

338.3501, 445.2001, 445.2011, and 445.2030)

R 338.301, R 338.303, R 338.306, and R 338.321 of the Michigan Administrative Code

are amended, R 338.302, R 338.305, R 338.307, R 338.309, R 338.311, R 338.313, R

338.315, R 338.317, R 338.319, and R 338.320 are rescinded, and R 338.322, R 338.323,

R 338.325, R338.327, R 338.328, R 338.329, R 338.330, R 338.331, R 338.332, and R

338.333 are added, as follows:

PART 1. GENERAL PROVISIONS

R 338.301 Definitions.

Rule 1. (1)As used in these rules:

(a) “AAO” means the American Academy of Optometry.

(b) “ACOE” means the Accreditation Council on Optometric Education.

(c) “Adverse drug reaction" means an adverse physical or psychological reaction

experienced by an individual resulting from a diagnostic therapeutic agent administered

by an optometrist that occurs within 24 hours after the therapeutic agent was

administered. An adverse drug reaction includes any of the following:

(i) Red eye.

(ii) Painful eye.

(iii) Decrease in vision.

(iv) Pale or red swelling of the periocular or periorbital tissues.

(v) Nausea.

(vi) Vomiting.

(vii) Fainting.

(viii) Mental confusion.

(ix) Cessation of respiration.

(d) “AOA” means the American Optometric Association.

January 12, 2023

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(e) "Board" means the Michigan board of optometry.

(f) "Classroom hour," for the purpose of determining whether a course of study meets

the requirements of section 17412(2)(a) or 17435(2)(b) of the code, MCL 333.17412 and

333.17435, means a 50 to 60 minute period of lecture, group discussion, or laboratory

directly associated with a course in pharmacology. Time spent working in a clinic other

than as part of a laboratory directly associated with a course in pharmacology does not

qualify as a “classroom hour.”

(g) “Code" means the public health code, 1978 PA 368, MCL 333.1101 to 333.25211.

(h) “COPE” means the Council on Optometric Practitioner Education.

(i) "Course of study in general and clinical pharmacology" means a course of study that

is completed in a board-approved school or college, in general and clinical pharmacology

as it relates to optometry, with the characteristics described in section 17412(2)(a) of the

code, MCL 333.17412. Not less than 30 of the 60 classroom hours of the course of study

must be allocated to ocular pharmacology and must emphasize the systemic effects of,

and reactions to, topical ocular diagnostic pharmaceutical agents, including the

emergency management and referral of any adverse reactions that may occur.

(j) "Course of study relating to the didactic and clinical use of therapeutic

pharmaceutical agents" means a course of study that is comprised of a minimum of 10

quarter hours or 7 semester hours of credit or 100 classroom hours of study, is completed

in a board-approved school or college, and is in subjects relating to the didactic and

clinical use of therapeutic pharmaceutical agents related to optometry.

(k) “CPDO” means the Continued Professional Development in Optometry.

(l) “CPR” means cardiopulmonary resuscitation.

(m) "Department" means the department of licensing and regulatory affairs.

(n) “Established patient” means an individual who has received a professional service

from a provider within the optometrist’s practice group within the preceding 3 years and

1 day.

(o) “Informed consent for an established patient” means consent by a patient or a

patient’s legal representative for treatment, medication, or services after there has been

full disclosure of the facts needed for the patient or the patient’s legal representative to

make a voluntary decision based on the elements of knowledge, comprehension, and

willingness to receive the treatment, medication, or service.

(p) “Informed consent for a new patient” means a written agreement or documentation

of a verbal agreement by a patient or a patient’s legal representative for treatment,

medication, or services after there has been full disclosure of the facts needed for the

patient or the patient’s legal representative to make a voluntary decision based on the

elements of knowledge, comprehension, and willingness to receive the treatment,

medication, or service.

(q) “MOA” means the Michigan Optometric Association.

(r) “NBEO” means the National Board of Examiners in Optometry.

(s) “New patient” means a patient who has not received a professional service from a

provider in the optometrist’s practice group within the preceding 3 years and 1 day.

(t) “TMOD” means Treatment and Management of Ocular Disease.

(2) A term defined in the code has the same meaning when used in these rules.

R 338.302 Rescinded.

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R 338.303 Training standards for identifying victims of human trafficking; requirements.

Rule 3. (1) Pursuant to section 16148 of the code, MCL 333.16148, an individual who is

licensed or seeking licensure shall have completed training in identifying victims of

human trafficking that meets the following standards:

(a) Training content that covers all of the following:

(i) Understanding the types and venues of human trafficking in this state or the United

States.

(ii) Identifying victims of human trafficking in healthcare settings.

(iii) Identifying the warning signs of human trafficking in healthcare settings for adults

and minors.

(iv) Identifying resources for reporting the suspected victims of human trafficking.

(b) Acceptable providers or methods of training include any of the following:

(i) Training offered by a nationally recognized or state-recognized health-related

organization.

(ii) Training offered by, or in conjunction with, a state or federal agency.

(iii) Training obtained in an educational program that has been approved by the board

for initial licensure, or by a college or university.

(iv) Reading an article related to the identification of victims of human trafficking that

meets the requirements of subdivision (a) of this subrule and is published in a peer-

reviewed journal, healthcare journal, or professional or scientific journal.

(c) Acceptable modalities of training may include any of the following:

(i) Teleconference or webinar.

(ii) Online presentation.

(iii) Live presentation.

(iv) Printed or electronic media.

(2) The department may select and audit a sample of individuals and request

documentation of proof of completion of training. If audited by the department, an

individual shall provide an acceptable proof of completion of training, including either of

the following:

(a) Proof of completion certificate issued by the training provider that includes the date,

provider name, name of training, and individual’s name.

(b) A self-certification statement by the individual. The certification statement must

include the individual’s name and 1 of the following:

(i) For training completed pursuant to subrule (1)(b)(i) to (iii) of this rule, the date,

training provider name, and name of training.

(ii) For training completed pursuant to subrule (1)(b)(iv) of this rule, the title of article,

author, publication name of peer-reviewed journal, healthcare journal, or professional or

scientific journal, and the date, volume, and issue of publication, as applicable.

R 338.305 Rescinded.

R 338.306 Telehealth services; requirements.

Rule 6. (1) An optometrist who provides telehealth services shall obtain informed

consent for an established patient or a new patient before providing a telehealth service

pursuant to section 16284 of the code, MCL 333.16284.

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(2) An optometrist who provides a telehealth service shall maintain evidence of the

informed consent in the patient record in compliance with section 16213 of the code,

MCL 333.16213.

(3) An optometrist who provides a telehealth service shall comply with section 16285 of

the code, MCL 333.16285.

(4) An optometrist providing a telehealth service may prescribe a drug if the optometrist

is a prescriber acting within the scope of the optometrist’s practice and in compliance

with section 16285 the code, MCL 333.16285, if the optometrist does both of the

following:

(a) If medically necessary, refers the patient to a provider that is geographically

accessible to the patient.

(b) Makes himself or herself available to provide follow-up care services to the patient

or to refer the patient to another provider for follow-up care.

(5) An optometrist may provide a telehealth service only when the optometrist complies

with all of the following:

(a) Part 174 of the code, MCL 333.17401 to 333.17437.

(b) The eye care consumer protection law, part 55A of the code, MCL 333.5551 to

333.5571, including the duty to perform an examination and evaluation, under sections

5551 to 5559 of the code, MCL 333.5551 to 333.5559.

(6) An optometrist who provides a telehealth service shall exercise the same standard of

care applicable to a traditional, face-to-face healthcare service, including any necessary

face-to-face appointments with a patient to assess, reassess, and update the patient’s

medical condition and the effectiveness of treatment modalities.

R 338.307 Rescinded.

R 338.309 Rescinded.

R 338.311 Rescinded.

R 338.313 Rescinded.

R 338.315 Rescinded.

R 338.317 Rescinded.

R 338.319 Rescinded.

R 338.320 Rescinded.

PART 2. EDUCATIONAL PROGRAMS, EXAMINATIONS,

LICENSES AND CERTIFICATIONS

R 338.321 Professional optometric degree program; approval standards.

Rule 21. (1) The board approves and adopts by reference the standards of ACOE set

forth in the publication entitled, "Accreditation Council on Optometric Education Policy

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and Procedure Manual,” published June 2022, which provides for the accreditation of

professional optometric degree programs. A copy of the Accreditation Manual of ACOE

is available free of charge from the AOA’s website at

https://www.aoa.org/AOA/Documents/Education/ACOE/ACOE_Policy_and_Procedure_

Manual_07_2021.pdf . Printed copies also are available for inspection and distribution at

a cost of 10 cents per page from the Bureau of Professional Licensing, Department of

Licensing and Regulatory Affairs, Ottawa Building, 611 West Ottawa, P.O. Box 30670,

Lansing, Michigan 48909.

(2) A professional optometric degree program accredited by ACOE is considered

approved by the board.

R 338.322 Examination approval and adoption; limitations; passing score.

Rule 22. (1) The board approves and adopts the NBEO examinations developed,

administered, and scored by the NBEO or its successor.

(2) An applicant applying for licensure shall have achieved a passing score on all of the

following parts of the NBEO examinations:

(a) Part I.

(b) Part II, including a passing score on the TMOD examination imbedded in Part II.

(c) Part III.

(3) An applicant for licensure is limited to attempting to achieve a passing score on the

NBEO examination to no more than 6 attempts. A licensee shall not sponsor an applicant

for licensure that is attempting to achieve a passing score on the NBEO examination if

the applicant has previously attempted to pass the examination 6 or more times.

(4) The accepted passing score for each part of the NBEO examination for licensure is

the passing scores established by the NBEO or its successor.

R 338.323 Initial licensure by examination.

Rule 23. An applicant for initial licensure by examination shall submit a completed

application on the form provided by the department, together with the requisite fee. In

addition to meeting the requirements of the code and the administrative rules

promulgated under the code, an applicant shall satisfy all of the following requirements:

(a) Have graduated from a professional optometric degree program approved by the

board under R 338.321, and hold the doctor of optometry degree.

(b) Have achieved a passing score on parts I, II, and III of the NBEO examinations

approved under R 338.322, including a passing score on the TMOD examination

imbedded in part II.

(c) Have achieved a minimum scaled score of 75 on the optometry jurisprudence

examination developed and administered by the department or an entity approved by the

department.

R 338. 325 Licensure by endorsement.

Rule 25. An applicant for licensure by endorsement shall hold an active license in good

standing in another state or province of Canada and submit a completed application on a

form provided by the department, together with the requisite fee. In addition to meeting

the requirements of the code and the administrative rules promulgated under the code, an

applicant shall comply with all of the following requirements as noted by (√):

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(a) For an applicant who is

licensed in another state:

Licensed for less than 3

years.

Licensed 3 years or more.

(i)

Establish that the

applicant is of good

moral character as

defined in, and

√

determined under, 1974

PA 381, MCL 338.41 to

338.47.

(ii)

Submit fingerprints as

required under section

16174(3) of the code,

MCL 333.16174.

√

(iii) Graduate from a school

of optometry approved

by the board under R

338.321.

(iv) Achieve a passing score

on parts I, II, and III of

the NBEO examination,

including a passing score

on the TMOD

examination given by

NBEO or its successor

organization.

(v)

Achieve a minimum

scaled score of 75 on the

optometry jurisprudence

examination developed

and administered by the

department or an entity

approved by the

√

department.

(vi) Hold a license in good

standing granting

√

therapeutic prescriptive

certification at the

highest level authorized

in the state of the United

States where the

applicant is currently

licensed.

(vii) Hold a valid CPR

certificate issued by any

of the following:

√

(A) The Red Cross.

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(B) The American Heart

Association.

(C) An accredited

hospital.

(D) An organization or

institution comparable to

those identified in

subparagraphs (A) to (C)

of this paragraph.

(viii) Comply with both of the

following:

√

(A) Disclose each

license, registration, or

certification in a health

profession or specialty

issued by another state,

the United States

military, the federal

government, or another

country on the

application form.

(B) Satisfy the

requirements of section

16174(2) of the code,

MCL 333.16174,

including verification

from the issuing entity

showing that disciplinary

proceedings are not

pending against the

applicant and sanctions

are not in force at the

time of application.

(b) For an applicant who is

licensed in a province of

Canada:

Licensed less than 10

years.

Licensed 10 years or more.

(i)

Establish that the

applicant is of good

moral character as

defined in, and

√

determined under, 1974

PA 381, MCL 338.41 to

338.47.

(ii)

Submit fingerprints as

required under section

16174(3) of the code,

√

8

MCL 333.16174.

(iii) Graduate from a school

of optometry approved

by the board under R

338.321.

(iv) Achieve a passing score

on parts I, II, and III of

the NBEO examination,

including a passing score

on the TMOD

√

examination given by

NBEO or its successor

organization.

(v)

Achieve a minimum

scaled score of 75 on the

optometry jurisprudence

examination of

√

developed and

administered by the

department or an entity

approved by the

department.

(vi) Hold a license in good

standing granting

therapeutic prescriptive

certification at the

highest level authorized

in the province of

Canada where the

applicant is currently

licensed.

(vii) Hold a valid CPR

certificate issued by any

of the following:

(A) The Red Cross.

(B) The American Heart

Association.

(C) An accredited

hospital.

(D) An organization or

institution comparable to

those identified in

subparagraphs (A) to (C)

of this paragraph.

(viii) Comply with both of the

following:

√

9

(A) Disclose each

license, registration, or

certification in a health

profession or specialty

issued by another state,

the United States

military, the federal

government, or another

country on the

application form.

(B) Satisfy the

requirements of section

16174(2) of the code,

MCL 333.16174,

including verification

from the issuing entity

showing that disciplinary

proceedings are not

pending against the

applicant and sanctions

are not in force at the

time of application.

R 338.327 Limited licenses.

Rule 27. (1) The board may issue an educational limited license, under section

16182(2)(a) of the code, MCL 333.16182, to an individual that meets the requirements of

the code and the administrative rules promulgated under the code and who meets both of

the following:

(a) Has graduated from a board-approved professional optometric degree program, or

who will graduate from the program not more than 3 months after applying for an

educational limited license.

(b) Is enrolled in a postgraduate course of study or participates in a residency program

that is offered by the United States Department of Veterans Affairs or an institution

approved by the ACOE.

(2) The board may issue a clinical academic limited license, under section 16182(2)(c)

of the code, MCL 333.16182, to an individual who meets the requirements of the code

and the administrative rules promulgated under the code and who is a graduate of a

board-approved professional optometric degree program and who is employed as a

faculty member at a board-approved professional optometric degree program. An

optometrist who is licensed under this subrule may perform procedures on patients while

employed as a faculty member at a board-approved professional optometric degree

program, if these procedures are performed under the general supervision of a faculty

member who is fully licensed as an optometrist. An individual who is licensed under this

subrule shall not do either of the following:

(a) Hold himself or herself out to the public as being engaged in the practice of

optometry other than as a faculty member.

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(b) Provide optometric services outside of his or her employment as a faculty member.

(3) An individual who applies for a limited license under section 16182(2)(a) or (c) of

the code, MCL 333.16182(2), shall meet all of the following requirements:

(a) Comply with section 16174 of the code, MCL 333.16174.

(b) Submit proof of graduation from an accredited professional optometric degree

program that is approved by the board under R 338.321.

(c) Submit proof of appointment to either of the following:

(i) A postgraduate course of study or a residency program, under subrule (1) of this

rule.

(ii) A faculty position at a board-approved professional optometric degree program,

under subrule (2) of this rule.

(4) A limited license may be renewed 1 time. When applying for renewal, the limited

licensee shall submit evidence of having completed 10 hours of board-approved

continuing education in pharmacological management of ocular conditions.

R 338.328 Relicensure.

Rule 28. (1) An applicant whose license has lapsed may be relicensed under section

16201(3) or (4) of the code, MCL 333.16201, as applicable, if the applicant meets the

requirements of the code and the administrative rules promulgated under the code and

satisfies the following requirements as noted by (√):

(a) For an applicant who has let Lapsed 3

Lapsed more than Lapsed 6 years or

his or her Michigan license lapse years or less. 3 years, but less

more.

and is not currently licensed in

another state or in Canada:

than 6 years.

(i)

Submit a completed

application on a form

provided by the

√

department, together with

the required fee.

Establish that the

applicant is of good

moral character as

(ii)

√

defined in, and

determined under, 1974

PA 381, MCL 338.41 to

338.47.

(iii)

(iv)

Submit fingerprints as

required under section

16174(3) of the code,

MCL 333.16174.

Submit proof of having

completed 40 hours of

continuing education as

required under R

√

338.331, that was earned

within the 2-year period

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immediately preceding

the date of relicensure,

subject to both of the

following:

(A) At least 2 of the 40

hours of continuing

education must be in pain

and symptom

management, as provided

under R 338.331(3).

(B) If certified to

administer therapeutic

pharmaceutical agents, at

least 20 of the 40 hours

of continuing education

must be in

pharmacological

management of ocular

conditions, as provided

under R 338.331(2), and

the applicant shall hold a

current CPR certificate.

Achieve a minimum

scaled score of 75 on the

optometry jurisprudence

examination developed

and administered by the

department, or an entity

approved by the

(v)

√

department.

(vi)

Achieve a passing score

on parts I, II, and III of

the NBEO examination,

including a passing score

on the CPDO

examination given by

NBEO or its successor

organization.

(vii)

An applicant who is or

has ever been licensed,

registered, or certified in

a health profession or

specialty by another

state, the United States

military, the federal

government, or another

√

12

country, shall do both of

the following:

(A) Disclose each

license, registration, or

certification on the

application form.

(B) Satisfy the

requirements of section

16174(2) of the code,

MCL 333.16174,

including verification

from the issuing entity

showing that disciplinary

proceedings are not

pending against the

applicant and sanctions

are not in force at the

time of application.

(b) For an applicant who has let Lapsed 3

Lapsed more than Lapsed 6 years or

his or her Michigan license lapse years or less. 3 years, but less

more.

and is currently licensed in

another state or in Canada:

than 6 years.

(i)

Submit a completed

application on a form

provided by the

√

department, together with

the required fee.

Establish that the

applicant is of good

moral character as

(ii)

√

defined in, and

determined under, 1974

PA 381, MCL 338.41 to

338.47.

(iii)

(iv)

Submit fingerprints as

required under section

16174(3) of the code,

MCL 333.16174.

Submit proof of having

completed 40 hours of

continuing education as

required under R

√

338.331, that was earned

within the 2-year period

immediately preceding

the date of relicensure,

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subject to both of the

following:

(A) At least 2 of the 40

hours of continuing

education must be in pain

and symptom

management, as provided

under R 338.331(3).

(B) If certified to

administer therapeutic

pharmaceutical agents, at

least 20 of the 40 hours

of continuing education

must be in

pharmacological

management of ocular

conditions, as provided

under R 338.331(2), and

the applicant shall hold a

current CPR certificate.

Achieve a minimum

scaled score of 75 on the

optometry jurisprudence

examination developed

and administered by the

department, or an entity

approved by the

(v)

√

department.

(vi)

An applicant who is or

has ever been licensed,

registered, or certified in

a health profession or

specialty by another

state, the United States

military, the federal

government, or another

country, shall do both of

the following:

√

(A) Disclose each

license, registration, or

certification on the

application form.

(B) Satisfy the

requirements of section

16174(2) of the code,

MCL 333.16174,

14

including verification

from the issuing entity

showing that disciplinary

proceedings are not

pending against the

applicant and sanctions

are not in force at the

time of application.

(2) If relicensure is granted and it is determined that a sanction has been imposed by

another state, the United States military, the federal government, or another country, the

disciplinary subcommittee may impose appropriate sanctions under section 16174(5) of

the code, MCL 333.16174.

R 338.329 Certification to administer topical ocular diagnostic pharmaceutical

agents; application; qualifications; adoption of standards; prohibitions.

Rule 29. (1) An applicant for certification to administer a topical ocular diagnostic

pharmaceutical agent in the practice of optometry shall submit a completed application,

on a form provided by the department, together with the requisite fee. In addition to

meeting the other requirements of the code and the administrative rules promulgated

under the code, an applicant shall satisfy all of the following requirements:

(a) Successfully complete a course of study in general and clinical pharmacology

related to the practice of optometry as required in section 17412(2)(a) of the code, MCL

333.17412. The course of study must include passing an examination on general and

ocular pharmacology. The applicant has successfully completed the required course of

study when the applicant has been granted the credit hours designated for the course of

study by the teaching institution where the course is offered.

(b) Establish a board-approved emergency plan, under section 17412(2)(d) of the code,

MCL 333.17412, for the management and referral of patients who experience any

adverse drug reaction. To be board-approved, the emergency plan must include all of the

following:

(i) Patient instructions related to an adverse drug reaction.

(ii) A referral procedure for a patient reporting an adverse drug reaction.

(iii) The names and contact information of not less than 3 physicians, clinics, or

hospitals to whom the patient reporting an adverse drug reaction may be referred.

(iv) A documentation procedure for the information to be included in the patient’s

medical record regarding the report of an adverse drug reaction.

(c) Successfully complete a course in CPR as required by section 17412(2)(c) of the

code, MCL 333.17412, approved by the department of health and human services, and

offered or approved by any of the following:

(i) The Red Cross.

(ii) The American Heart Association.

(iii) An accredited hospital.

(iv) An organization or institution comparable to those identified in paragraphs (i) to

(iii) of this subdivision.

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(2) A licensed optometrist shall not use diagnostic pharmaceutical agents in the practice

of optometry unless the optometrist has been certified by the board as being qualified to

administer topical ocular diagnostic pharmaceutical agents.

R 338.330 Certification to administer and prescribe therapeutic pharmaceutical

agents; application; qualifications.

Rule 30. (1) An applicant for certification to administer and prescribe a therapeutic

pharmaceutical agent in the practice of optometry shall submit a completed application,

on a form provided by the department, together with the requisite fee. In addition to

meeting the other requirements of the code and the administrative rules promulgated

under the code, an applicant shall satisfy all of the following requirements:

(a) Meet the certification requirements to administer diagnostic pharmaceutical agents

under R 338.315.

(b) Successfully complete a course of study relating to the didactic and clinical use of

therapeutic pharmaceutical agents as required in section 17435(2)(b) of the code, MCL

333.17435.

(c) Establish a board-approved management plan that complies with section

17435(2)(c) of the code, MCL 333.17435.

(2) A licensed optometrist shall not administer or prescribe therapeutic pharmaceutical

agents in the practice of optometry unless the optometrist has been certified by the board

as being qualified to administer and prescribe therapeutic pharmaceutical agents.

PART 3. CONTINUING EDUCATION AND LICENSE RENEWAL

R 338.331 License renewal; continuing education, requirements, limitations.

Rule 31. (1) An applicant for license renewal shall satisfy the requirements of the R

338.7001 to R 338.7005 and accumulate not less than 40 continuing education hours

approved by the board under R 338.332 or R 338.333 during the 2 years immediately

preceding the date of application for renewal.

(2) An applicant for license renewal who holds certification to administer topical ocular

diagnostic pharmaceutical agents or certification to administer and prescribe therapeutic

pharmaceutical agents, or both, shall do both of the following:

(a) Accumulate not less than 20 hours of board-approved continuing education in

pharmacological management of ocular conditions. The 20 required hours are part of,

and not in addition to, the 40 hours required in subrule (1) of this rule. A continuing

education program that falls within COPE categories listed in R 338.332(7)(n)(iii)(A) to

(I) meets the requirements of this subdivision.

(b) Hold a valid CPR certificate issued by any of the following:

(i) The Red Cross.

(ii) The American Heart Association.

(iii) An accredited hospital.

(iv) An organization or institution comparable to those identified in paragraphs (i) to

(iii) of this paragraph.

(3) An applicant for license renewal shall accumulate not less than 2 hours of board

approved continuing education in pain and symptom management related to the practice

of optometry. A continuing education program that falls within COPE categories listed

16

in R 338.332(6)(n)(iv)(A) to (C) meets the requirements of this subrule. Continuing

education hours in pain and symptom management, as they relate to the practice of

optometry, may include, but are not limited to, the following:

(a) Ethics and health policy related to pain.

(b) Pain definitions.

(c) Basic sciences related to pain, including pharmacology, psychology, sociology, and

anthropology.

(d) Clinical sciences related to pain, including specific pain conditions and pain in

special contexts and settings.

(e) Clinician-patient communications related to pain.

(f) Management of pain, including evaluation and treatment and non-pharmacological

and pharmacological management.

(g) Ensuring quality pain care.

(h) Michigan programs and resources relevant to pain.

(4) A minimum of 20 of the required continuing education hours must be completed in a

live, synchronous learning format. The remaining hours may be completed in any other

format.

(5) An applicant for license renewal may earn a maximum of 9 continuing education

hours per licensure cycle in practice management. A continuing education program that

falls within COPE categories listed in R 338.332(6)(n)(ii)(A) and (B) meets the

requirements of this subrule.

(6) Submission of an application for renewal constitutes the applicant's certificate of

compliance with the requirements of this rule.

(7) An optometrist shall retain documentation of meeting the requirements of this rule

for a period of 4 years after the date of applying for license renewal. The licensee’s

documentation must show the licensee’s name, number of credits earned per program or

activity, the sponsor’s name or the name of the organization that approved the program or

activity, and the date that the program was held or activity was completed. The board

may require an applicant or licensee to submit evidence to demonstrate compliance with

this rule. Failure to comply with this rule is a violation of section 16221(h) of the code,

MCL 333.16221.

(8) A request for a waiver under section 16205 of the code, MCL 333.16205, must be

received by the department at least 30 days before the last regularly scheduled board

meeting before the expiration date of the license.

R 338.332 Adoption of standards and criteria by reference; board approval of

continuing education programs.

Rule 32. (1) The board approves and adopts by reference the standards and criteria of

COPE for accreditation of an activity or qualification of a course that are set forth in the

publications entitled “Activity Accreditation Manual,” revised July 2022, and “Course

Qualification Manual,” revised July 2022. A copy of the publications may be obtained at

no cost from the Association of Regulatory Boards of Optometry’s website at

http://www.arbo.org. Printed copies also are available for inspection and distribution at a

cost of 10 cents per page from the Bureau of Professional Licensing, Department of

Licensing and Regulatory Affairs, Ottawa Building, 611 West Ottawa, P.O. Box 30670,

Lansing, Michigan 48909.

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(2) A continuing education program related to the practice of optometry that has been

accredited by COPE is considered approved by the board.

(3) A course or continuing education program related to the practice of optometry

offered by a college or university program approved by the board under R 338.321 is

considered approved by the board.

(4) A continuing education program related to the practice of optometry that has been

approved or sponsored by the AAO, the AOA, or the MOA is considered approved by the

board.

(5) A continuing education program related to the practice of optometry that has been

approved by another state board of optometry is considered approved by the board.

(6) A continuing education program that is not approved by the board under subrules (1)

to (5) of this rule, or as provided in R 338.333, may apply for board approval by

submitting an application to the department. The application must be received not less

than 90 calendar days before the program presentation. An application received less than

90 days before the program presentation will be denied as untimely.

(7) An application for approval of a continuing education program must include all the

following:

(a) The sponsor’s name.

(b) The sponsor’s address.

(c) The program name.

(d) The date of the next scheduled program.

(e) The program location.

(f) The program outline, including all of the following:

(i) An explanation of how the program is designed to further educate the licensee

through acquisition and application of knowledge, that results in improved patient

outcomes.

(ii) The topics and the name of the speaker of each topic.

(iii) The times of the specific topics and breaks included in the program.

(g) The résumé of each speaker or instructor for the program.

(h) A description of the delivery method, or methods to be used, and the techniques that

will be employed to ensure active participation.

(i) A brief description of the sponsoring organization.

(j) The name, title, and address of the program director and a description of his or her

qualifications to direct the program.

(k) A description of how participants will be notified that continuing education credit

has been earned.

(l) A description of the physical facilities or laboratory available to ensure a proper

learning environment.

(m) A description of how attendance is monitored and the name of the individual

monitoring attendance.

(n) The number of hours of course instruction including all of the following:

(i) The number of hours related to clinical optometry, which may include any of the

following COPE categories:

(A) Contact lenses (CL).

(B) Functional vision/pediatrics (FV).

(C) General optometry (GO).

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(D) Low vision/vision impairment & rehabilitation (LV).

(E) Public health (PB).

(ii) The number of hours related to practice management, which may include the

following COPE categories:

(A) Practice management (PM).

(B) Ethics/jurisprudence (EJ).

(iii) The number of hours related to pharmaceutical management, which may include

any of the following COPE categories:

(A) Glaucoma (GL).

(B) Injection skills (IS).

(C) Laser procedures (LP).

(D) Peri-operative management of ophthalmic surgery (PO).

(E) Surgery procedures (Optometric) (SP).

(F) Treatment and management of ocular disease (TD).

(G) Neuro-optometry (NO).

(H) Pharmacology (PH).

(I) Systemic diseases (SD).

(iv) The number of hours related to pain management, which may include any of the

following COPE categories:

(A) Pharmacology (PH).

(B) Treatment and management of ocular disease (TD).

(C) Functional vision/pediatrics (FV).

R 338.333 Approved continuing education activities; limitations; documentation.

Rule 33. The board approves all of the following as continuing education if the

subject matter falls within an approved COPE category as listed in R

338.331(7)(n):

Activity and Proof of Completion

Number of Continuing Education Hours

Granted or Permitted for Activity

One continuing education hour in clinical

optometry is earned for each 50 to 60

minutes of program attendance. A maximum

of 8 continuing education hours may be

earned for this activity in each renewal

period.

(a)

Attendance at a continuing education

program related to optometric topics

approved for category 1 continuing

education by the Michigan board of

medicine or the Michigan board of

osteopathic medicine and surgery.

If audited, a licensee shall submit a copy

of a letter or certificate of completion

showing the licensee’s name, number of

credits earned, sponsor name or the name

of the organization that approved the

program or activity for continuing

education credit, and the date or dates that

the program was held or activity

completed.

(b)

Attendance at a continuing education

One continuing education hour in

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program related to optometric

pharmacological topics approved for

continuing education by the Michigan

board of pharmacy.

pharmacological management is earned for

each 50 to 60 minutes of program attendance.

A maximum of 8 continuing education hours

may be earned for this activity in each

renewal period. Applicants for renewal who

hold certification to administer topical ocular

diagnostic pharmaceutical agents or

If audited, a licensee shall submit a copy

of a letter or certificate of completion

showing the licensee’s name, number of

certification to administer and prescribe

credits earned, sponsor name or the name therapeutic pharmaceutical agents, or both,

of the organization that approved the

program or activity for continuing

education credit, and the date or dates that

the program was held or activity

completed.

may earn continuing education hours without

limitation.

(c)

(d)

Initial presentation of or at a continuing

education program approved by the board. appropriate COPE category is earned for

each 50 to 60 minutes of program

One continuing education hour in the

If audited, a licensee shall submit a letter

from the program’s sponsor, verifying the

licensee’s presentation of educational

materials and lecture at the continuing

education program.

Initial presentation of a scientific exhibit,

poster, or paper to a professional

optometric organization.

presentation, without limitation.

Two hours of continuing education in clinical

optometry are earned for each presentation.

No additional credit is granted for

preparation of the presentation.

If audited, the licensee shall submit a copy

of the document presented with evidence

of presentation or a letter from the

program sponsor verifying the date of the

presentation.

(e)

Initial publication of either of the

following:

(i) A scientific article relating to the

practice of optometry in a peer-reviewed

journal or periodical.

Six hours of continuing education in clinical

optometry are earned for serving as the

primary author. Three hours of continuing

education in clinical optometry are earned for

serving as a secondary author.

(ii) A chapter or a portion of a chapter

related to the practice of optometry in

either a professional healthcare textbook

or peer-reviewed textbook.

If audited, the licensee shall submit a copy

of the publication that identifies the

licensee as the author or a publication

acceptance letter and documentation of

the peer-review process.

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(f)

Participating on either of the following:

Six hours of continuing education in clinical

(i) A peer review committee dealing with optometry are earned for participating on a

quality of patient care as it relates to the

practice of optometry.

committee. A maximum of 6 continuing

education hours may be earned for this

(ii) A national or state committee, board, activity in each renewal period.

council, or association related to the

practice of optometry.

Participation on a committee, board,

council, or association is considered

acceptable by the board if it enhances the

participant’s knowledge and

understanding of the field of optometry.

If audited, the licensee shall submit a

letter from an organization official

verifying the licensee’s participation in at

least 50% of the regularly scheduled

meetings of the committee, board,

council, or association.

(g)

Taking and passing any nationally

recognized advanced competency

examination in optometry.

Every 2 years, 12 hours of continuing

education in pharmacology management or

clinical optometry are earned.