SECTION 505:10-7-4. Placement of license on inactive status and restoration to active status of such licenses

(a)   Licensee's request to put license on inactive status. A licensee of the Board may submit to the Board a written request to have his or her license placed upon inactive status under either of the following circumstances:

(1)   Permanent retirement from the practice of optometry; or

(2)   Temporary withdrawal from the practice of optometry.

While a license is in inactive status, the licensee is not required to pay fees to the Board or attend and report continuing education courses as required by 59 O.S. §604, but the licensee may do so if desired. During such time as his or her license is in inactive status, the licensee shall not engage in any practice of optometry until the license is restored to active status. A request to place a license in inactive status shall not preclude the Board from taking any disciplinary action against the licensee which the Board may deem necessary and appropriate.

(b)   Prohibition on practice of optometry while license is in inactive status. Any licensee of the Board placing his or her license in inactive status shall not engage in any act within the definition of the practice of optometry under the Oklahoma Optometry Act or the rules and regulations of the Board until such time as the license shall be restored to active status. Any act within the definition of optometry performed while a licensee's license is in inactive status shall be considered the unlicensed practice of optometry and shall be subject to all punishments and sanctions available under the laws of the State of Oklahoma and the rules of the Board.

(c)   Restoration of license to active status. A licensee who has placed his or her license in inactive status may apply to the Board to have the license restored to active status. All such applications shall meet the following requirements:

(1)   The licensee shall be required to provide proof of attendance at and successful completion of educational programs or clinics in a total amount equivalent to the continuing education required by 59 O.S. §604 and the rules of the Board for all calendar years or partial calendar years during which the license was in inactive status. Any partial year in inactive status shall be counted as a full year, but the licensee shall receive credit for any approved education successfully completed in the partial year before placing his or her license in inactive status. The Board, in its sound discretion, shall determine whether the submitted education is satisfactory and equivalent to that required by 59 O.S. §604 and the rules of the Board.

(2)   The licensee shall pay all annual fees which came due during the period the license was on inactive status, including a late reinstatement fee not to exceed three times the annual renewal fee.

(3)   If the Board has reason to believe the licensee has been guilty of any misconduct which might have resulted in discipline by the Board either before or during the period the licensee's license has been on inactive status, the Board may, prior to restoring the license to active status conduct a hearing to determine if the licensee has violated any law of the State of Oklahoma or Board Rule which should result in discipline by the Board. The Board may decline to restore a license to active status for any misconduct which could result in the suspension or revocation of a certificate under applicable statutes or rules of the Board. The licensee shall also comply with all requirements of Rule 505:10-7-3, governing renewal of certificates after revocation, as may be required by the Board.

Upon satisfaction of the foregoing requirements, the Board may, in its sound discretion, restore the licensee's license to active status and shall communicate its decision to the licensee promptly following consideration at a regular meeting of the Board.

[Source: Added at 16 Ok Reg 3395, eff 8-12-99]