SECTION 505:10-3-6. Special volunteer licenses

(a)   Pursuant to statute, 59 O.S. Supp. 2009, Section 493.5, the Oklahoma Board of Examiners in Optometry creates a special volunteer license to practice optometry within the State of Oklahoma under the following terms and conditions.

(1)   The special volunteer license provided for herein shall be the subject of disciplinary action by the Board upon the same grounds, terms, and conditions as all other licenses or certificates to practice optometry in the State of Oklahoma. Additionally, if the Board, acting through its President, Secretary Treasurer, or Executive Director, finds that the public health, safety, or welfare imperatively requires emergency action suspending a special volunteer license, and makes such a finding regarding the emergency in an order, emergency actions may be ordered suspending such license pending the final outcome of proceedings instituted pursuant to the Administrative Procedures Act in a hearing by the full Board at the earliest practical date.

(2)   For purposes of this section "eligible volunteer" means an optometrist.

(3)   The special volunteer license shall be:

(A)   issued to eligible optometrists by the Board of Examiners in Optometry (the Board), or by such person as the Board may designate in writing,

(B)   issued without the payment of an application fee, license fee or renewal fee;

(C)   issued or renewed without any continuing education requirements in this state;

(D)   issued for a fiscal year or part thereof; and

(E)   renewable annually upon approval of the Board.

(b)   An eligible volunteer shall meet the following requirements before obtaining a special volunteer license:

(1)   Completion of a special volunteer license application, in a form to be approved from time to time by the Board, including documentation of:

(A)   the school graduation of the optometrist from a recognized school or college of optometry, and

(B)   the relevant practice history of the applicant;

(2)   Documentation that the eligible volunteer has been previously issued a full and unrestricted license to practice in Oklahoma or in another state of the United States and that he or she has never been the subject of any professional disciplinary action in any jurisdiction;

(3)   Acknowledgement and documentation that the practice of the eligible volunteer under the special volunteer license will be exclusively and totally devoted to providing care to needy and indigent persons in Oklahoma or to providing care under the Oklahoma Medical Reserve Corps; and

(4)   Acknowledgement and documentation that the eligible volunteer shall not receive or have the expectation to receive any payment or compensation, either direct or indirect, for any services rendered in this state under the special volunteer license. The only exception to the indirect compensation provision is for those out-of-state optometrists that participate in the free care given by means of Telemedicine through the Shriner's Hospitals for Children national network.

(5)   Acknowledgement that the eligible volunteer shall practice optometry as limited by the scope of practice of the state in which he or she is regularly licensed, including but not limited to, limitations made in the regularly licensing state regarding the authority to prescribe medications.

(6)   Acknowledgement by the eligible volunteer that he or she has reviewed the legal requirements for the practice of optometry in the State of Oklahoma and will practice under the authority of a special volunteer license in conformity with the laws, statutes, and rules, of the State of Oklahoma for optometrists, to include, but not be limited to requirements governing:

(A)   equipment required to conduct examinations;

(B)   required findings on examination of a patient;

(C)   release of contact lens prescription;

(D)   Code of Ethics and acts constituting unprofessional conduct; and

(E)   in lieu of providing the Board no more than two fixed office locations, provision to the Board a record, on such form as the Board may from time to time require, of all dates, times, and locations at which the eligible volunteer practices optometry within the State of Oklahoma and performs any examination or treatment pursuant to his or her special volunteer license.

(7)   Provision by the eligible volunteer for the responsible recording of the particulars of examination or treatment of all patients and the maintenance of patient records, to include either provision of records of examination of or treatment to the patient, or disclosure of the location within the patient's community where the patient may secure copies of his or her records upon request.

(8)   Acknowledgement by the eligible volunteer that before the volunteer professional or volunteer health practitioner provides services, the volunteer professional and the person receiving the services or, if that person is a minor or otherwise legally incapacitated, the person's parent, conservator, legal guardian, or other person with legal responsibility for the care of the person signs a written statement that acknowledges:

(A)   that the volunteer professional or volunteer health practitioner providing services has no expectation of and will receive no compensation of any kind for providing the services, and

(B)   an understanding of the limitations on the recovery of damages from the volunteer professional or volunteer health practitioner pursuant to law in exchange for receiving free services.

(C)   these acknowledgements regarding expectation or receipt of compensation, or limitation on recovery of damages, must be obtained whether the volunteer health practitioner sees the patient for primary care, or is referred the patient by another volunteer health practitioner.

[Source: Added at 27 Ok Reg 1274, eff 5-27-10]