SECTION 505:10-3-8. Expediting issuances of license or certificate, or temporary permit

  The Board establishes the following procedures to expedite the issuance of a license or certificate, or issuance of temporary permits, for spouses of certain members of the Armed Forces on active duty in this state.

(1)   The spouse of a member of the Armed Forces on active duty in the state of Oklahoma may submit to the Board, through the Executive Secretary, evidence that:

(A)   He or she is the spouse of a member of the Armed Services on active duty within the State of Oklahoma; or

(B)   He or she is the spouse of a member of the Armed Services who was a permanent resident in the State of Oklahoma for at least six (6) months prior to assignment to active duty; or

(C)   He or she is the spouse of a member of the Armed Services who is subject to a military transfer to Oklahoma; and

(D)   He or she is certified or licensed to practice optometry in a state other than Oklahoma; and

(E)   He or she left employment as an optometrist in another state to accompany his or her spouse to the State of Oklahoma.

(2)   The Board, or the Executive Director, may ask for such additional evidence as it may, in its sole discretion, deem reasonably required to make its determination of the facts in the preceding subsection.

(3)   The Board, or the Executive Director, may also obtain information from the state in which the military spouse is licensed to determine, in its sole discretion, if the requirements for licensure are substantially equivalent to those required in Oklahoma.

(4)   The Board shall expedite consideration of requests by military spouses by methods appropriate to the volume of such requests by, in its sole discretion, appointing a committee to review them, scheduling special Board meetings to consider them, or other appropriate methods. It is the Board's intention to gather supplemental information as may be necessary within thirty days of the spouse's request, and to consider the request within sixty days thereafter.

(5)   Upon consideration, the Board may issue the optometrist spouse of an active duty member of the Armed forces a license or a temporary permit, in its sole discretion, under the following circumstances;

(A)   The conditions of subsection A of this section are satisfied;

(B)   The military spouse has been verified:

(i)   not to be subject to pending criminal charges or disciplinary actions;

(ii)   not to have been convicted of any offense prohibiting licensure;

(iii)   not to have any other impairment that prohibits licensure in this state, including, but not limited to, professional discipline in another state that would, if committed in Oklahoma, potentially justify loss of license.

(C)   The Board may issue a license if it determines, in its sole discretion, that the requirements for licensure of the state in which the military spouse is licensed are substantially equivalent to those required in Oklahoma and that the issuance of such license is in the best interest of the optometric health of the state. Such license is subject to all requirements of Oklahoma licensure, including, but not limited to, continuing education, payment of license and renewal fees, and compliance with all applicable statues and rules of the Board;

(D)   Upon verification of the qualifications required by subsection A above, and determination that none of the disqualifying circumstances listed in subsection E(2) above is present, the President of the Board, acting through the Executive Director or otherwise, may authorize issuance of a temporary permit to practice optometry if the applicant (1) has successfully completed, in Oklahoma or in the state where the applicant was previously licensed, requirements for administration therapeutic medications, to include those for glaucoma, substantially equivalent to those required in Oklahoma, and (2) the standard jurisprudence examination covering Oklahoma law. Upon completion of these requirements, the President of the Board may issue temporary permits to practice optometry as follows:

(i)   A temporary permit may be issued for a period not to exceed one year (on the same fiscal year licensing schedule that applies to all other licenses) to permit the practice of optometry while completing any specific requirements in Oklahoma that were not required in the state in which the military spouse is licensed;

(ii)   The scope of practice of a temporary permit may be limited by the President to allow practice consistent with the military spouse's training until the spouse completes specific Oklahoma requirements not previously met in another state. This limitation could include, but is not be limited to, limitations on the use of lasers, or limitations on prescriptions of particular medications or classes of medications;

(iii)   The President may authorize successive temporary permits upon the request of a military spouse optometrist, with or without limitation on scope of practice, if the Board finds that doing so is in the best interest of optometric health for the public;

(iv)   The President may authorize a temporary permit that allows an optometrist to practice, with or without limitation on the scope of his or her practice, until such time as the optometrist sits for the Oklahoma licensure examination. See, 59 O.S. § 4100.7.

(E)   The full Board, in open meeting with proper notice to the public and due process to the optometrist holding a temporary permit, may revise or withdraw such permit as improvidently granted, or for any ground that would justify discipline on an optometrist under Oklahoma statutes or the Rules of the Board.

(F)   Upon satisfactory completion of any specific requirements in Oklahoma that were not required in the state in which the military spouse is licensed, or passing the Oklahoma licensure examination, the Board may issue the applicant a license to practice optometry, subject to the usual requirements of Oklahoma licensure, including, but not limited to, continuing education, payment of license and renewal fees, and compliance with all applicable statues and rules of the Board.

[Source: Added at 30 Ok Reg 2136, eff 8-25-13]