NOTICE OF SUBSTANTIVE CHANGE
TYPE OF FILING: Amendment
1. Agency Information
Commerce, Professional Licensing
Salt Lake City, UT 84114-6741
2. Contact Persons
Please address questions regarding information on this notice to the persons listed above.
3. General Information
A. Rule or section catchline:
R156-16a. Optometry Practice Act Rule
B. Purpose of the new rule or reason for the change:
The Division of Professional Licensing (Division) in collaboration with the Optometry Board is filing these proposed amendments to clean up citations to statute and rule, remove the licensure by endorsement language that relates to language removed from statute in 2022, and align this rule with the Office of Administrative Rules (OAR) drafting requirements.
C. Summary of the new rule or change:
Section R156-16a-101 incorporates the language of Sections R156-16a-103 and R156-16a-04 to conform to the structure of other Division rules. As such, Sections R156-16a-103 and R156-16a-104 are removed from this rule.
Section R156-16a-102 is amended to update a citation due to a change in statute and to conform to OAR drafting standards and the structure of other Division rules.
Section R156-16a-302a is renumbered to Section R156-16a-302 and combined with the language from Section R156-16a-302b. As such, Section R156-16a-302b is removed from this rule. This section is then written to conform to statutory changes.
Section R156-16a-302c is removed from this rule because the enabling statutory language was removed by SB 43, passed in the 2022 General Session.
Section R156-16a-304 is rewritten to more clearly detail the continuing professional education requirements.
Section R156-16a-307 is removed as it no longer applies and is outdated.
Section R156-16a-502 is rewritten to more clearly articulate what actions are unprofessional conduct.
4. Legislative Action Information
A. Are any changes in this filing because of state legislative action?
Changes are because of legislative action.
B. If yes, any bill number and session:
HB 301 (2026 General Session); SB 43 (2022 General Session)
5. Fiscal Information
Provide an estimate and written explanation of the aggregate anticipated cost or savings to:
The Division does not anticipate any fiscal impact to the state budget because the proposed amendments merely clarify and update this rule to be current and accurate for licensees.
The Division does not anticipate any cost or savings to local governments from the proposed amendments because the proposed amendments do not apply to local governments.
C. Small businesses ("small business" means a business employing 1-49 persons):
There are approximately 214 small businesses in Utah with optometrists (NAICS 621320).
However, the proposed amendments are not expected to have any measurable impact on small businesses' revenues or expenditures because the amendments merely update this rule to provide more utility and accuracy to licensees.
D. Non-small businesses ("non-small business" means a business employing 50 or more persons):
There are approximately no non-small businesses in Utah with optometrists (NAICS 621320), so there is no expected impact on non-small businesses.
However, even if there are more non-small businesses than what is reflected by the NAICS data, the proposed amendments are not expected to have any measurable impact on revenues or expenditures because the amendments merely update this rule to provide more utility and accuracy to licensees.
E. Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency):
In Utah, there are 701 licensed optometrists, 1 licensed diagnostic only optometrist, and 1 licensed volunteer optometrist.
The Division does not anticipate any cost or savings from these proposed amendments to these persons or to additional persons other than small businesses, non-small businesses, the state, and local government entities because the amendments merely update this rule to provide more utility and accuracy to licensees.
The proposed amendments also will not create new obligations for other persons or increase the costs associated with any existing obligations for other persons.
F. Compliance costs for affected persons:
As described in Box 4E for other persons, no compliance costs are expected for affected persons.
6. Regulatory Impact Summary Table
Enter the cost or savings in the relevant cell. If there is no cost or savings, enter, "$0." If a cost or savings is inestimable, enter, "inestimable."
7. Regulatory Impact Analysis Approval
The Commissioner of the Department of Commerce, Margaret W. Busse, has reviewed and approved this regulatory impact analysis.
8. Family Impact Information
A. The agency has considered this rule's impact on family health, stability, and formation:
9. Citation Information
Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement:
Subsection 58-1-106(1)(a)
Subsection 58-1-202(1)(a)
11. Public Notice Information
The public may submit written or oral comments to the agency identified in box 1.
A. Comments will be accepted until:
B. A public hearing (optional) will be held (The public may request a hearing by submitting a written request to the agency, as outlined in Section 63G-3-302 and Rule R15-1.):
Place (physical address or URL):
Anchor Meeting Location:
Heber M Wells Building
Room 475
160 E 300 S
Salt Lake City, UT
Google Meet joining info:
Video call link:
https://meet.google.com/xjd-zjih-ppz
Or dial: (US) +1 978-593-3700
PIN: 153 419 559#
More phone numbers:
https://tel.meet/xjd-zjih-ppz?
pin=1524215527248
12. Effective Date Information
This rule change MAY become effective on:
(NOTE: This is the date the agency anticipates making the filing effective. It is NOT the effective date)
13. Agency Authorization Information
Agency head or
designee and title:
Deborah Blackburn, Assistant Director
R156. Commerce, [Occupational and ]Professional Licensing. R156-16a. Utah Optometry Practice Act Rule. R156-16a-101. Title -- Authority - Relationship to Rule R156-1. (1) This rule is known as the "Utah Optometry Practice Act Rule."[.] (2) This rule is adopted by the Division under the authority of Subsection 58-1-106(1)(a) to enable the Division to administer Title 58, Chapter 16a, Utah Optometry Practice Act. (3) The organization of this rule and its relationship to Rule R156-1 is as described in Section R156-1-101. R156-16a-102. Definitions.
[In addition to the definitions in Title 58, Chapters 1 and 16a, as used in Title 58, Chapters 1 and 16a or this rule]Terms used in this rule are defined in Title 58, Chapter 1, Division of Professional Licensing Act and Title 58, Chapter 16a, Utah Optometry Practice Act. In addition: (1) "Practitioner" means an[y person or] individual licensed in [this state]Utah as a physician and surgeon, osteopathic physician and surgeon, physician assistant, nurse practitioner, or [an ]optometric physician. (2) "Verbal order" as used in Subsection 58-16a-102(3)(a)[,] means that the attending optometrist ordered the contact lens prescription by telephone, or that an individual acting under the supervision and direction of the attending optometrist ordered the contact lens prescription by telephone. [R156-16a-103. Authority - Purpose. This rule is adopted by the division under the authority of Subsection 58-1-106(1) to enable the division to administer Title 58, Chapter 16a. R156-16a-104. Organization - Relationship to Rule R156-1. The organization of this rule and its relationship to Rule R156-1 is as described in Section R156-1-107.] R156-16a-302[a]. Qualifications for Licensure - Education and Examination Requirements. [In accordance with](1) Under Subsection 58-16a-302[(1)(e)](3)(b), the course of study satisfactory to the [d]Division and the [b]Board shall consist of[: (1) ] 100 clock hours of General and Ocular Pharmacology in a recognized accredited optometry school[; and (2) one of the following courses in Emergency Medical Care: (a) Cardiopulmonary Resuscitation (CPR); or (b) Basic Life Support (BCLS)]. (2) Under Subsection 58-16a-302(4), an applicant for licensure as an optometrist shall pass the following exams: (a) the National Board of Examiners in Optometry examinations, including the following sections: (i) Part I Applied Basic Science (ABS); (ii) Part II Patient Assessment and Management (PAM); and (iii) Part III Patient Encounters and Performance Skills (PEPS).[R156-16a-302b. Qualifications for Licensure - Examination Requirements. In accordance with Subsection 58-16a-302(1)(f), the examinations which must be successfully passed by applicants for licensure as an optometrist are: (1) the National Board of Examiners in Optometry examinations to include the following sections: (a) Part I (Basic Science); (b) Part II (Clinical Science and the Treatment and Management of Ocular Disease (TMOD)); (c) Part III (Patient Care); and (d) The stand-alone TMOD if licensed prior to 1993. R156-16a-302c. Licensure by Endorsement. In accordance with Subsection 58-16a-302(2)(b), optometry practice that is "consistent with the legal practice of optometry in this state" means that the licensed optometrist has lawfully engaged in therapeutic optometry for not less than 3200 hours in the past two years.] R156-16a-304. Continuing Education.
[In accordance with Section 58-16a-304, the standards for the 30 hours of qualified continuing professional education are as follows: (1) Except for the special courses and volunteer hours described in Subsections R156-16a-304(2), (3) and (4), all qualified continuing professional education must be: (a) courses approved by the Council on Professional Education (COPE); or (b) optometry-related courses approved by the Council on Medical Education. (2) A maximum of two hours of continuing professional education may be courses in certification or recertification in cardiopulmonary resuscitation (CPR) or Basic Life Support (BCLS). (3) A maximum of two hours of continuing professional education may come from the Division of Occupational and Professional Licensing for training regarding the use of the Utah Controlled Substance Database. (4) Licensees may fulfill up to 15% of their continuing education requirement by providing volunteer services within the scope of their license at a qualified location, in accordance with Section 58-13-3. For every four documents hours of volunteer services, the licensee may earn one hour of continuing education. (5) Qualified continuing professional education hours for licensees who have not been licensed for the entire two-year renewal cycle will be prorated from the date of licensure. (6) A licensee shall maintain competent records of completed qualified continuing professional education for a period of four years after close of the two-year licensure period to which the records pertain. It is the responsibility of the licensee to demonstrate that their continuing professional education meets the requirements of this section. (7) Hours in excess of the 30 hours obtained in one two-year licensure cycle cannot be transferred to the next renewal cycle. (8) A licensee who has a serious health problem or who has left the United States for an extended period of time, which may prevent the licensee from being able to comply with the professional continuing education requirements established under this section, may be excused from completing some or all of the requirements established under this section by submitting a written request to the Division and receiving Division approval. (9) Additional continuing professional education hours required for controlled substance prescribers shall be in accordance with Section 58-37-6.5 and Section R156-37-402.](1) Under Section 58-16a-304, the standards for the 30 hours of qualified continuing professional education required during each two-year licensure cycle are established in this section. (2) Except as provided in Subsection R156-16a-304(3), continuing professional education shall consist of: (i) the Council on Professional Education (COPE); (ii) the American Optometry Association (AOA); or (iii) the Optometry Licensing Board; or (b) optometry-related courses approved by the Council on Medical Education. (3) In addition to completing approved courses, a licensee may obtain continuing professional education hours as follows: (a) up to two hours through courses in certification or recertification in cardiopulmonary resuscitation (CPR) or Basic Life Support (BCLS); (b) up to two hours through Division training regarding use of the Utah Controlled Substance Database; or (c) up to 15% of the 30-hour requirement by providing volunteer health care services under Section 58-13-3, with one hour of credit for every four documented hours of volunteer services. (4) A licensee may not carry over hours exceeding the 30-hour requirement from one licensure cycle to another licensure cycle. (5) If a licensee first becomes licensed during the two-year licensure cycle, the licensee's required number of hours shall be decreased proportionately according to the date of licensure. (6) The Division may defer or waive continuing professional education requirements for a licensee in accordance with Section R156-1-308d. (7) A licensee who is a controlled substance prescriber shall obtain their controlled substance prescribing continuing education hours in accordance with Sections 58-37-303 and R156-37-402. (8) A licensee shall maintain documentation sufficient to prove compliance with this section for two years after the end of the licensure cycle for which the continuing professional education is due. [R156-16a-307. Licenses Held on Effective Date - Scope of Practice Defined. (1) In accordance with Section 58-16a-307, the scope of practice for an individual holding a current license as an optometrist without certification on May 5, 1997 is clarified as follows. (a) An optometrist without certification: (i) shall not engage in the treatment of eye disease or injury, the administration or prescribing of diagnostic or therapeutic prescription drugs, or over the counter medicines, the removal of any foreign body from the eye, or treatment of any condition of the eye except those which can be corrected by the use of lenses, prisms, contact lenses, or ocular exercises; and(ii) may use, dispense, or recommend over-the-counter contact lens solutions. (iii) upon finding any eye disease or injury requiring therapeutic treatment, shall refer the patient to a qualified practitioner. (2) In accordance with Section 58-16a-307, the scope of practice for an individual holding a current license as an optometrist with diagnostic certification on May 5, 1997 is clarified as follows. (a) An optometrist with diagnostic certification: (i) shall not engage in the treatment of eye disease or injury, the administration or prescribing of therapeutic prescription drugs, or therapeutic over the counter medicines, the removal of any foreign body from the eye, or treatment of any condition of the eye except those which can be corrected by the use of lenses, prisms, contact lenses, or ocular exercises; (ii) may use, dispense, or recommend over-the-counter contact lens solutions; (iii) may administer diagnostic prescription drugs or over the counter medicines to include the categories of anesthetics, myotics, mydriatrics, or cyclopegics; and (iv) upon finding any eye disease or injury requiring therapeutic treatment, shall refer the patient to a qualified practitioner. (3) In accordance with Section 58-16a-307, the scope of practice for an individual holding a current license as an optometrist with therapeutic certification on May 5, 1997 shall be consistent with the scope of practice set forth in Section 58-16a-601.] R156-16a-502. Unprofessional Conduct.
[In addition to Title 58, Chapters 1 and 16a, and in accordance with Subsection 58-1-203(5), unprofessional conduct is further defined to include: (1) engaging in optometry beyond the scope of practice pursuant to Section R156-16a-307 and Section 58-16a-601.] Under Subsection 58-1-203(5), "unprofessional conduct" includes, in addition to the definitions in Title 58, Chapter 1, Division of Professional Licensing Act and Title 58, Chapter 16a, Utah Optometry Practice Act, engaging in optometry beyond the scope of practice defined in Section 58-16a-307 or Section 58-16a-601. KEY: optometrists, licensing
Date of Last Change: [February 21, 2017]2026 Notice of Continuation: January 25, 2022
Authorizing, and Implemented or Interpreted Law: 58-16a-101; 58-1-106(1)(a); 58-1-202(1)(a)
!--dar--
