Optometrists

C.R.S. tit. 12, art. 275
in effect

C.R.S. § 12-275-101 Legislative declaration

12-275-101. Legislative declaration. The practice of optometry in the state of Colorado is declared to affect the public health and safety and is subject to regulation and control in the public interest. Optometry is declared to be a learned profession, and it is further declared to be a matter of public interest and concern that the practice of optometry as defined in this article 275 be limited to qualified persons having been examined and meeting this state's minimum acceptable level of competence and having been admitted to the practice of optometry under the provisions of this article 275. The priority of this article 275 shall be to protect the consumers of the services provided through appropriate disciplinary procedures. This article 275 shall be liberally construed to carry out these objects and purposes in accordance with this declaration of policy.

C.R.S. § 12-275-102 Applicability of common provisions

12-275-102. Applicability of common provisions. Articles 1, 20, and 30 of this title 12 apply, according to their terms, to this article 275.

C.R.S. § 12-275-103 Practice of optometry defined - prescribing drugs - therapeutic optometrist - rule

12-275-103. Practice of optometry defined - prescribing drugs - therapeutic optometrist - rule. (1) (a) As used in this article 275, the "practice of optometry" means the evaluation, diagnosis, prevention, or treatment of diseases, disorders, or conditions of the vision system, eyes, and adjacent and associated structures, including the use or prescription of lenses, prisms, vision therapy, vision rehabilitation, and prescription or nonprescription drugs including schedule II controlled narcotic substances limited to hydrocodone combination drugs and schedule III, IV, and V controlled narcotic substances for ocular disease, so long as an optometrist is practicing within the scope of his or her education as is commonly taught in accredited schools and colleges of optometry and is practicing in accordance with applicable federal and Colorado law and board rules. (b) The following are part of the practice of optometry: (I) The removal of superficial foreign bodies from the human eye or its appendages; (II) Postoperative care in the following situations: (A) With referral from a physician; (B) If ninety days have expired after the surgery unless the physician justifies medically indicated reasons for extending the postoperative period; and (C) If the patient has been released by the physician; (III) The treatment of anterior uveitis; (IV) The treatment of glaucoma with all topical and oral antiglaucoma drugs; (V) Epilation; (VI) Dilation and irrigation of the lacrimal system; (VII) Punctal plug insertion and removal; (VIII) Anterior corneal puncture; (IX) Corneal scraping for cultures; (X) Debridement of corneal epithelium; (XI) Removal of corneal epithelium; (XII) Injections for the treatment of conditions or diseases of the eye or eyelid, excluding intraocular injections penetrating the globe; (XIII) The use of a local anesthetic in conjunction with the primary treatment of an eyelid lesion; (XIV) Removal and biopsy of eyelid lesions without characteristics or obvious signs of malignancy, excluding lesions involving the eyelid margin or larger than five millimeters in size; (XV) Incision and curettage of a chalazion; (XVI) Simple repair of an eyelid laceration no larger than two and one-half centimeters and no deeper than the orbicularis muscle and not involving the eyelid margin or lacrimal drainage structures; (XVII) Corneal cross-linking; and (XVIII) Laser capsulotomy, laser peripheral iridotomy, and laser trabeculoplasty. (c) Any person who is engaged in the prescribing or performing without referral of visual training or orthoptics; the prescribing of any contact lenses, including plano or cosmetic contact lenses; the fitting or adaptation of contact lenses to the human eye; the use of scientific instruments to train the visual system or any abnormal condition of the eyes for the correction or improvement of, or the relief to, the visual function, or who holds oneself out as being able to do so, is engaged in the practice of optometry. ibing of any contact lenses, including plano or cosmetic contact lenses; the fitting or adaptation of contact lenses to the human eye; the use of scientific instruments to train the visual system or any abnormal condition of the eyes for the correction or improvement of, or the relief to, the visual function, or who holds oneself out as being able to do so, is engaged in the practice of optometry. (d) The "practice of optometry" does not include: (I) Surgery of or injections into the globe, orbit, eyelids, or ocular adnexa. "Surgery" means any procedure in which human tissue is cut, altered, or otherwise infiltrated by mechanical or laser means. (II) The use of schedule I or II narcotics, except for hydrocodone combination drugs; (III) Treatment of posterior uveitis; or (IV) The use of injectable drugs, except for the use of an epinephrine auto-injector to counteract anaphylactic reaction. (2) A licensed optometrist who uses or prescribes prescription or nonprescription drugs shall provide the same level and standard of care to his or her patients as the standard of care provided by an ophthalmologist using or prescribing the same drugs. (3) A therapeutic optometrist is an optometrist licensed pursuant to this article 275 who meets the requirements of section 12-275-113 (2) and (4). A licensed optometrist shall not use prescription or nonprescription drugs for treatment of eye disease or disorder or for any therapeutic purpose unless he or she is a therapeutic optometrist. (4) Nothing in this section prohibits an optometrist from charging a fee for prescribing, adjusting, fitting, adapting, or dispensing drugs for ophthalmic purposes and ophthalmic devices, such as contact lenses, that are classified by the federal food and drug administration as a drug or device, as long as the drug prescribed, dispensed, or delivered by the ophthalmic device is not a schedule I or II controlled substance, with the exception of hydrocodone combination drugs. (5) An optometrist who meets the requirements established by the board pursuant to sections 12-275-108 (1)(h) and 12-275-113 (4) may treat anterior uveitis and glaucoma.

C.R.S. § 12-275-104 Proprietor defined

12-275-104. Proprietor defined. (1) The term "proprietor", as used in this article 275, includes any person, group, association, or corporation not licensed under this article 275 who: (a) For financial gain, employs optometrists in the operation of an optometry office; (b) Places, directly or indirectly, in possession of an optometrist such materials or equipment as may be necessary for the operation of an optometrist's office on the basis of any fee splitting, income division, profit sharing, or similar agreement or on any basis that has the effect of any such agreement, but the term "proprietor" does not include the bona fide seller of optometry equipment or material secured by chattel mortgage, conditional sales contract, or other title retention agreements or the bona fide leasing of the equipment by the manufacturer or by the manufacturer's franchised dealer; or (c) Under the guise of a rental percentage lease or sublease or other leasing or rental arrangement, participates in the direction and control of a licensee's practice and business or in the receipts or profits accruing therefrom, but a bona fide percentage sale lease basing the rental of the premises let upon a percentage of gross income of not to exceed the reasonable, going rate for like quarters and location, as determined by the board after investigation, shall not be deemed an avoidance of the provisions of this section. Certified copies of all such leasing and rental arrangements and renewals thereof shall be filed with the board by the licensee within thirty days after execution.

C.R.S. § 12-275-105 Persons entitled to practice optometry - title protection of optometrists

12-275-105. Persons entitled to practice optometry - title protection of optometrists. It shall be unlawful for any person to practice optometry in this state except those who are duly licensed optometrists pursuant to the provisions of this article 275. A person licensed as an optometrist pursuant to the provisions of this article 275 may use the title "optometrist", the initials "O.D.", or the term "doctor of optometry". No other person shall use the title "optometrist", "O.D.", "doctor of optometry", or any other word or abbreviation to indicate or induce others to believe that one is licensed to practice optometry in this state.

C.R.S. § 12-275-106 Persons excluded from operation of this article

12-275-106. Persons excluded from operation of this article. (1) This article 275 does not apply to: (a) Professional practice by a physician or surgeon licensed to practice medicine under the laws of the state of Colorado and ancillary or technical assistants working under the direction of a licensed physician or surgeon, with the exception of the fitting of contact lenses that must be done under the physician's or surgeon's direct supervision; (b) The practice of optometry in the discharge of their official duties by optometrists or physicians and surgeons in the service of the United States armed forces, public health service, Coast Guard, or veterans administration; (c) Opticians, persons, firms, and corporations that duplicate or repair spectacles or eyeglasses; opticians, persons, firms, and corporations that supply or sell spectacles, eyeglasses, or ophthalmic lenses, including but not limited to contact lenses, if the spectacles, eyeglasses, and ophthalmic lenses are provided pursuant to a valid prescription; (d) Persons serving a postdoctorate residency or an optometry student internship under the supervision of an optometrist licensed in Colorado as part of a curriculum from an accredited college of optometry.

C.R.S. § 12-275-107 State board of optometry - created - members

12-275-107. State board of optometry - created - members. (1) (a) The state board of optometry, referred to in this article 275 as the "board", is created and is under the supervision and control of the division as provided by section 12-20-103 (2). The board is a type 1 entity, as defined in section 24-1-105. The board consists of five optometrists and two members-at-large, to be appointed by the governor to serve for terms of four years; except that no person shall be appointed to serve more than two consecutive terms. Each member of the board, except for the members-at-large, must have been actually engaged and licensed in the practice of optometry in Colorado for the five years preceding the member's appointment. At least one of the two members-at-large must not be a member or representative of, nor have any direct interest in, any profession, agency, or institution providing health services. (b) Any four members of the board constitute a quorum for the purpose of holding examinations, granting licenses, or transacting any business connected with the board. (c) The governor shall fill a vacancy in the membership of the board for the remainder of the unexpired term. The governor may remove a member of the board for misconduct, incompetency, or neglect of duty. (d) A board member having a personal or private interest in any matter before the board shall disclose that fact to the board and shall not participate in related discussions or votes. (2) The board shall organize annually by electing one of its members as president and one as vice-president.

C.R.S. § 12-275-108 Powers and duties of the board - rules - limitation on authority

12-275-108. Powers and duties of the board - rules - limitation on authority. (1) In addition to all other powers and duties conferred upon the board by this article 275, the board has the following powers and duties: (a) To determine acceptability of scores from tests administered by any approved or accredited national testing organization; (b) To adopt rules pursuant to section 12-20-204. The board shall set the passing score of any examination at a minimum acceptable level of competence for the practice of optometry. (c) To grant licenses in conformity with this article 275 to applicants found qualified; (d) To aid the several district attorneys of this state in the enforcement of this article 275 and in the prosecution of all persons, firms, associations, or corporations charged with the violation of any of its provisions; (e) To establish programs of education for optometrists wishing to enter new, proven, and generally accepted areas of lawful practice involving techniques for which they have not received appropriate education; (f) To prepare and distribute to consumers as is reasonably necessary written communication providing information concerning the board and the regulation of optometry in Colorado; (g) To make investigations, hold hearings, and take evidence in accordance with section 12-20-403 in all matters relating to the exercise and performance of the powers and duties vested in the board; (h) To prescribe rules authorizing optometrists to utilize therapeutic procedures and therapeutic techniques in the practice of optometry. These rules shall in no way expand the practice of optometry, nor shall the rules include the use of therapeutic or cosmetic lasers. The rules shall specify approved programs of education offered by an accreditation organization recognized or approved by the Commission on Recognition of Postsecondary Accreditation or the United States department of education or their successors. (2) The authority granted the board under the provisions of this article 275 shall not be construed to authorize the board to arbitrate or adjudicate fee disputes between licensees or between a licensee and any other party.

C.R.S. § 12-275-109 Volunteer optometrist license

12-275-109. Volunteer optometrist license. (1) A person licensed to practice optometry pursuant to this article 275 may apply to the board for volunteer licensure status. The board shall designate the form and manner of the application. The board may: (a) Grant the application by issuing a volunteer license; or (b) Deny the application if the licensee has been disciplined for any of the causes set forth in section 12-275-120. (2) A person applying for a license under this section: (a) Must either: (I) Hold an active and unrestricted license to practice optometry in Colorado and be in active practice in this state; or (II) Have been on inactive status pursuant to section 12-20-203 for not more than two years; and (b) Shall: (I) Pay a reduced license fee in lieu of the fee authorized by section 12-20-105. The director shall reduce the volunteer optometrist license fee from the license fee charged pursuant to sections 12-20-202 and 12-275-115 (1). (II) Attest that, after a date certain, the applicant will no longer earn income as an optometrist; (III) Maintain liability insurance as provided in section 12-275-128; and (IV) Comply with the continuing education requirements established in section 12-275-115 (3); except that the board may establish lesser continuing education requirements for volunteer licensees. (3) The face of each volunteer license issued pursuant to this section shall plainly indicate the volunteer status of the licensee. (4) The board may conduct disciplinary proceedings pursuant to section 12-275-122 against any person licensed under this section for an act committed while the person was licensed pursuant to this section. (5) A person licensed under this section may apply to the board for a return to active licensure status by filing an application in the form and manner designated by the board. The board may approve the application and issue a license to practice optometry or may deny the application if the licensee has been disciplined for or engaged in any of the activities set forth in section 12-275-120. (6) An optometrist with a volunteer license shall provide optometry services only if the services are performed on a limited basis for no fee or other compensation.

C.R.S. § 12-275-110 Application for license - licensure by endorsement

12-275-110. Application for license - licensure by endorsement. (1) A person who desires to practice optometry in the state may file with the board an application for a license, giving the information required in a form and manner approved by the board. The applicant shall demonstrate that the applicant possesses the following qualifications: (a) The applicant has attained the age of twenty-one years. (b) The applicant has graduated with the degree of doctor of optometry from a school or college of optometry accredited by a regional or professional accreditation organization that is recognized or approved by the Council for Higher Education Accreditation or the United States secretary of education. The board has the authority, upon its investigation and approval of the standards thereof, to approve any other college of optometry. (c) The applicant has successfully passed a standardized national examination approved by the board that tests the qualifications of the applicant to practice optometry in the state. (d) The applicant does not have a substance use disorder, as defined in section 27-81-102, or has not habitually or excessively used or abused alcohol, habit-forming drugs, or controlled substances as defined in section 18-18-102 (5). (e) After July 1, 1988, the applicant has satisfied the requirements of section 12-275-113 or equivalent requirements approved by the board, including passing a standardized national examination in the treatment and management of ocular disease. (f) After July 1, 1996, the applicant has satisfied the requirements of section 12-275-113 (4) or equivalent requirements approved by the board, including passing a standardized national examination in the treatment and management of ocular disease. (2) The board may issue a license by endorsement to engage in the practice of optometry to an applicant who satisfies the requirements of the occupational credential portability program. (3) A licensee licensed under this section who performs laser procedures or treats ocular adnexa shall demonstrate competency and complete one of the following education and examination requirements prior to performing these procedures: (a) Graduate from an accredited college or university of optometry in 2019 or later where the laser procedures and ocular adnexa treatments were taught and demonstrate passage of the standardized national examination approved by the board pursuant to subsection (1)(c) of this section; or (b) Complete a training course approved by the board and satisfactorily complete a proctored clinical session within two years prior to performing laser procedures or treating ocular adnexa. Proctoring may be performed by an optometrist or ophthalmologist licensed to perform the procedures in any jurisdiction. (4) If a licensee has not performed a laser procedure within the past two years, the licensee shall satisfactorily complete another proctored clinical session prior to performing any laser procedures. (5) A licensee performing the procedures described in subsection (3) of this section shall report to the board any adverse outcomes following each procedure. The licensee shall deliver such reports and any corresponding patient records to the board office within ten days after the date that the licensee is aware of the adverse outcome. (6) A licensee shall maintain documentation evidencing completion of the requirements of subsections (3), (4), and (5) of this section and shall provide the documentation to the board upon request. Performing any of the procedures described in subsection (3) of this section without meeting the requirements of subsections (3), (4), and (5) of this section may subject the licensee to discipline by the board pursuant to section 12-275-122. ion evidencing completion of the requirements of subsections (3), (4), and (5) of this section and shall provide the documentation to the board upon request. Performing any of the procedures described in subsection (3) of this section without meeting the requirements of subsections (3), (4), and (5) of this section may subject the licensee to discipline by the board pursuant to section 12-275-122. (7) Notwithstanding any law to the contrary, the requirements of subsections (3), (4), (5), and (6) of this section do not apply to a licensee's performance of the procedures and treatments specified in section 12-275-103 (1)(b)(I), (1)(b)(V), (1)(b)(VI), and (1)(b)(VII).

C.R.S. § 12-275-111 Current licensees - treatment and therapeutic practice

12-275-111. Current licensees - treatment and therapeutic practice. On and after July 1, 1988, a person who is licensed under this article 275 as an optometrist on June 30, 1988, and who is otherwise qualified under this article 275 may use prescription or nonprescription drugs for examination purposes. However, the optometrist may use prescription or nonprescription drugs for treatment of eye disease or disorder or for any therapeutic purpose only if the optometrist meets the requirements of section 12-275-113 (2) and (4) on or after July 1, 1988.

C.R.S. § 12-275-112 Examination - licenses

12-275-112. Examination - licenses. (1) The applicant shall take and submit test scores from the board-approved exam. The examination shall be of such a character as to test the qualifications of the applicant to practice optometry. (2) Each person who makes a passing grade on the practical and clinical examination and who is otherwise qualified shall be granted a license signed by the board. The license provided for in this section shall be in such form and wording as may be adopted by the board. The optometrist shall display the license for viewing by patients, as provided in section 12-275-117. An application for initial licensure as an optometrist shall be accompanied by a processing fee in an amount to be determined by the board pursuant to section 12-20-105. (3) Any person denied a license under this article 275 and believing himself or herself aggrieved thereby may pursue the remedy for review as provided under article 4 of title 24 if the action is instituted within a period of sixty days after the date of denial. (4) A person who fails to pass the examination provided for in this section may retake the examination the next time the examination is given.

C.R.S. § 12-275-113 Use of prescription and nonprescription drugs - limits on prescriptions

12-275-113. Use of prescription and nonprescription drugs - limits on prescriptions. (1) Notwithstanding section 12-280-120, a licensed optometrist may purchase, possess, and administer prescription or nonprescription drugs for examination purposes only if, after July 1, 1983, the optometrist has complied with the following minimum requirements: Successful completion, by attendance and examination, of at least fifty-five classroom hours of study in general, ocular, and clinical pharmacology that must have been completed within twenty-four months preceding the application for certification; except that, in the event that the classroom hours have been completed since 1976, only six of the classroom hours must have been completed within twenty-four months preceding the application for certification. The courses shall be offered by an institution that is accredited by a regional or professional accreditation organization recognized or approved by the Council for Higher Education Accreditation or the United States department of education or their successors. (2) Notwithstanding section 12-280-120, a licensed optometrist may purchase, possess, administer, and prescribe prescription or nonprescription drugs for treatment on and after July 1, 1988, only if the optometrist has complied with the following minimum requirements within twenty-four months preceding the application for certification: Successful completion, by attendance and examination, of at least sixty classroom hours of study in ocular pharmacology, clinical pharmacology, therapeutics, and anterior segment disease; and successful completion by attendance and examination of at least sixty hours of approved supervised clinical training in the examination, diagnosis, and treatment of conditions of the human eye and its appendages. The courses shall be offered by an institution that is accredited by a regional or professional accreditation organization recognized or approved by the Council for Higher Education Accreditation or the United States department of education or their successors. (3) The optometrist shall successfully complete a course in cardiopulmonary resuscitation within twenty-four months before using prescription or nonprescription drugs and shall pass a written and clinical examination approved by the board. (4) In addition to the requirements of section 12-275-111, each therapeutic optometrist shall meet all requirements prescribed by the board before commencing treatment of glaucoma or anterior uveitis. (5) An optometrist is subject to the limitations on prescriptions specified in section 12-30-109.

C.R.S. § 12-275-114 Prescriptions - requirement to advise patients

12-275-114. Prescriptions - requirement to advise patients. (1) An optometrist licensed under this article 275 may advise the optometrist's patients of their option to have the symptom or purpose for which a prescription is being issued included on the prescription order. (2) An optometrist's failure to advise a patient under subsection (1) of this section shall not be grounds for any disciplinary action against the optometrist's professional license issued under this article 275.

C.R.S. § 12-275-115 License renewal - questionnaire - continuing education

12-275-115. License renewal - questionnaire - continuing education. (1) Licenses issued under this article 275 are subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2). Any person whose license has expired shall be subject to the penalties provided in this article 275 or section 12-20-202 (1). (2) (a) The board shall establish a questionnaire to accompany the renewal form. The board shall design the questionnaire to determine if the licensee has acted in violation of or has been disciplined for actions that might be considered as violations of this article 275 or that might make the licensee unfit to practice optometry with reasonable care and safety. The board shall include on the questionnaire a question regarding whether the licensee has complied with section 12-30-111 and is in compliance with section 12-280-403 (2)(a). Failure of the applicant to answer the questionnaire accurately constitutes unprofessional conduct as specified in section 12-275-120. (b) On and after July 1, 2024, as a condition of renewal of a license, each licensee shall attest that the licensee is in compliance with section 12-280-403 (2)(a) and that the licensee is aware of the penalties for noncompliance with that section. (3) Effective April 1, 1993, in addition to all other requirements of this section for license renewal, the board shall require that each optometrist seeking to renew a license shall have completed twenty-four hours of board-approved continuing education. Any optometrist desiring to renew a license to practice optometry in this state shall submit to the board the information the board believes is necessary to show that the optometrist has fulfilled the continuing education requirements of this subsection (3). Implementation of this subsection (3) shall occur within existing appropriations.

C.R.S. § 12-275-116 Change of address

12-275-116. Change of address. Every person licensed under this article 275 shall notify the board in writing within thirty days of any change in mailing address.

C.R.S. § 12-275-117 Licenses to be displayed

12-275-117. Licenses to be displayed. Every practitioner of optometry shall post and keep conspicuously displayed his or her license in the office wherein the optometrist practices. If an optometrist practices at several locations in the state, the optometrist shall display his or her license number and name in a manner that can be easily recognized by his or her patients. Each association of persons who engage in the practice of optometry under the name of a partnership, association, or any other title shall cause to be displayed and kept in a conspicuous place at the entrance of its place of business the name of each person engaged or employed in the partnership or association in the practice of optometry.

C.R.S. § 12-275-118 Records to be kept by the board

12-275-118. Records to be kept by the board. The board shall keep a record of all persons to whom licenses have been granted under this article 275. A copy of the records, certified by the board, shall be admitted in any of the courts of this state, in lieu of the originals, as prima facie evidence of the facts contained in the records. A copy of the records certified by the board of a person charged with a violation of any of the provisions of this article 275 shall be evidence that the person has not been licensed to practice optometry.

C.R.S. § 12-275-119 Patient's exercise of free choice - release of patient records - rules

12-275-119. Patient's exercise of free choice - release of patient records - rules. (1) No person shall interfere with any patient's exercise of free choice in the selection of practitioners licensed to perform examinations for refractions and visual training or corrections within the field for which their respective licenses entitle them to practice. (2) An optometrist shall release to a patient all medical records pursuant to section 25-1-802. (3) The optometrist shall release to the patient, upon written request, a valid, written contact lens prescription at the time the optometrist would otherwise replace a contact lens without any additional preliminary examination or fitting. The board shall promulgate rules defining the components of a valid written contact lens prescription.

C.R.S. § 12-275-120 Unprofessional conduct - definitions

12-275-120. Unprofessional conduct - definitions. (1) The term "unprofessional conduct", as used in this article 275, means: (a) Deceiving or attempting to deceive the board or its agents with reference to any proper matter under investigation by the board; (b) Publishing or circulating, directly or indirectly, any fraudulent, false, deceitful, or misleading claims or statements relating to optometry services or ophthalmic materials or devices; (c) Employing or offering compensation or merchandise of value to any salesperson, runner, patient, or other person as an inducement to secure his or her services or assistance in the solicitation of patronage for the performing, rendering, supplying, or selling of optometry services or ophthalmic materials or devices; (d) Resorting to fraud, misrepresentation, or deception in applying for, securing, renewing, or seeking reinstatement of a license or in taking any examination provided for in this article 275; (e) The habitual or excessive use or abuse of alcohol, a habit-forming drug, or any controlled substance as defined in section 18-18-102 (5); (f) Disobeying the lawful rule or order of the board or its officers; (g) Practicing optometry while one's license is suspended; (h) Practicing optometry as the partner, agent, or employee of or in joint venture or arrangement with any proprietor or with any person who does not hold a license to practice optometry within this state, except as permitted in section 12-275-124. Any licensee holding a license to practice optometry in this state may accept employment from any person, partnership, association, or corporation to examine and prescribe for the employees of the person, partnership, association, or corporation. (i) An act or omission constituting grossly negligent optometry practice or two or more acts or omissions that fail to meet generally accepted standards of optometry practice; (j) Sharing any professional fees with any person, partnership, or corporation that sends or refers patients to him or her, except with licensed optometrists with whom he or she may be associated in practice; (k) Failing to: (I) Notify the board, in a manner and within a period determined by the board, of a physical illness, physical condition, or behavioral, mental health, or substance use disorder that renders an optometrist unable to treat with reasonable skill and safety or that may endanger the health and safety of persons under the optometrist's care; (II) Act within the limitations created by a physical illness, physical condition, or behavioral, mental health, or substance use disorder that renders an optometrist unable to treat with reasonable skill and safety or that may endanger the health and safety of persons under the optometrist's care; or (III) Practice within the limitations created by the physical illness, physical condition, or behavioral, mental health, or substance use disorder as specified in a confidential agreement between the optometrist and the board entered into pursuant to sections 12-30-108 and 12-275-121 (5); (l) Failing to refer a patient to the appropriate health-care practitioner when the services required by the patient are beyond the scope of competency of the optometrist or the scope of practice of optometry; (m) Aiding or abetting, in the practice of optometry, any person not licensed to practice optometry as defined under this article 275 or any person whose license to practice is suspended; (n) Interfering with the free choice of any person selecting a physician or other health-care practitioner; (o) Any disciplinary action against a licensee to practice optometry in another state or country, which action shall be deemed to be prima facie evidence of unprofessional conduct if the grounds for the disciplinary action would be unprofessional conduct or otherwise constitute a violation of any provision of this article 275; of any person selecting a physician or other health-care practitioner; (o) Any disciplinary action against a licensee to practice optometry in another state or country, which action shall be deemed to be prima facie evidence of unprofessional conduct if the grounds for the disciplinary action would be unprofessional conduct or otherwise constitute a violation of any provision of this article 275; (p) Failing to notify the board of a malpractice final judgment or settlement within thirty days; (q) Any act or omission that fails to meet generally accepted standards of care whether or not actual injury to a patient is established; (r) Conviction of a felony or the acceptance of a plea of guilty or nolo contendere, or a plea resulting in a deferred sentence to a felony; (s) Representing that a noncorrectable condition can be permanently corrected; (t) Knowingly making any false or fraudulent statement, written or oral, in connection with the practice of optometry, including falsifying or making incorrect essential entries or failing to make essential entries on patient records; (u) Conduct that is likely to deceive or defraud the public; (v) Negligent malpractice; (w) (I) Violation of abuse of health insurance pursuant to section 18-13-119; or (II) Advertising through newspapers, magazines, circulars, direct mail, directories, radio, television, or otherwise that the licensee will perform any act prohibited by section 18-13-119 (3); (x) Administering, dispensing, or prescribing any prescription drug, as defined in section 12-280-103 (42), or any controlled substance, as defined in section 18-18-102 (5), other than in the course of legitimate professional practice; (y) Engaging in any of the following activities and practices: (I) Repeatedly ordering or performing demonstrably unnecessary laboratory tests or studies that lack clinical justification; (II) Administering treatment that is demonstrably unnecessary and lacks clinical justification; or (III) Ordering or performing any service, X ray, or treatment that is contrary to recognized standards of the practice of optometry, as interpreted by the board, and lacks clinical justification; (z) Committing a fraudulent insurance act, as defined in section 10-1-128; (aa) Failing to report to the board any optometrist known to have violated or, upon information or belief, believed to have violated any of the provisions of this article 275; (bb) Failing to report to the board any surrender of a license to, or any adverse action taken against a licensee by another licensing agency in another state, territory, or country, any governmental agency, any law enforcement agency, or any court for acts of conduct that would constitute grounds for discipline under the provisions of this article 275; (cc) Engaging in a sexual act with a patient while a patient-optometrist relationship exists. For the purposes of this subsection (1)(cc): (I) "Patient-optometrist relationship" means that period of time beginning with the initial evaluation through the termination of treatment; and (II) "Sexual act" means sexual contact, sexual intrusion, or sexual penetration as defined in section 18-3-401. (dd) Failing to provide a patient with copies of patient medical records as required by section 25-1-802; (ee) Failing to provide a patient with a valid written contact lens prescription as required by section 12-275-119 (3); (ff) A violation of any provision of this article 275 or an applicable provision of article 20 or 30 of this title 12; (gg) Practicing beyond the scope of education and training prescribed by rules adopted by the board; (hh) Failing to respond in an honest, materially responsive, and timely manner to a complaint pursuant to section 12-275-122 (1)(b).

C.R.S. § 12-275-121 Mental and physical examination of licensees - confidential agreements to limit practice

12-275-121. Mental and physical examination of licensees - confidential agreements to limit practice. (1) If the board has reasonable cause to believe that a licensee is unable to practice with reasonable skill and safety, the board may require the licensee to submit to a mental or physical examination by a physician or qualified health-care provider designated by the board. If the licensee refuses to undergo a mental or physical examination, unless due to circumstances beyond the licensee's control, the board may suspend the licensee's license until an examination has occurred, the results of the examination are known, and the board has made a determination of the licensee's fitness to practice. The board shall proceed with the order for examination and the determination in a timely manner. (2) An order to a licensee pursuant to subsection (1) of this section to undergo a mental or physical examination shall contain the basis of the board's reasonable cause to believe that the licensee is unable to practice with reasonable skill and safety. For the purposes of any disciplinary proceeding authorized under this article 275, the licensee shall be deemed to have waived all objections to the admissibility of the examining physician's testimony or examination reports on the ground that they are privileged communications. (3) The licensee may submit to the board testimony or examination reports from a physician chosen by the licensee and pertaining to any condition that the board has alleged may preclude the licensee from practicing with reasonable skill and safety. These may be considered by the board in conjunction with, but not in lieu of, testimony and examination reports of the physician designated by the board. (4) The results of any mental or physical examination ordered by the board shall not be used as evidence in any proceeding other than one before the board and shall not be deemed public records nor made available to the public. (5) (a) The board may enter into an agreement in accordance with section 12-30-108 with an optometrist whose practice is or may be affected by a physical illness, physical condition, or behavioral or mental health disorder that renders the optometrist unable to treat with reasonable skill and safety or that may endanger the health and safety of persons under the care of the optometrist if: (I) The board believes that one or more limitations of the optometrist's practice would both enable the optometrist to treat with reasonable skill and safety and would protect the health and safety of persons under the care of the optometrist; and (II) The optometrist enters into an enforceable agreement with the board to so limit the optometrist's practice. (b) An agreement entered into pursuant to this subsection (5) is confidential and not subject to disclosure pursuant to the "Colorado Open Records Act", part 2 of article 72 of title 24, and may include provisions for monitoring and reevaluation of the optometrist. (c) For purposes of this subsection (5), "physical illness, physical condition, or behavioral or mental health disorder" does not include the habitual or excessive use or abuse of alcohol, a habit-forming drug, or any controlled substance as defined in section 18-18-102 (5).

C.R.S. § 12-275-122 Discipline - procedure - professional review - immunity - reconsideration and review of action by board - rules

12-275-122. Discipline - procedure - professional review - immunity - reconsideration and review of action by board - rules. (1) (a) With respect to licenses issued pursuant to this article 275, the board may: (I) Impose probation, with or without supervision, on a licensee, or take disciplinary or other action as authorized in section 12-20-404, for any reason stated in section 12-275-120 or for violating any term of probation of the board; (II) Summarily suspend a license upon the failure of the licensee to comply with any condition of a stipulation or order imposed by the board until the licensee complies with the condition, unless compliance is beyond the control of the licensee; and (III) Impose a fine not to exceed five thousand dollars on a licensee for a violation of this article 275 or a rule promulgated pursuant to this article 275 other than a violation related to a standard of practice. The board shall, by rule, promulgate a fining schedule with lesser amounts for first violations and increasing amounts for subsequent violations of this subsection (1)(a)(III). (b) Upon its own motion or upon a signed complaint, an investigation may be made if there is reasonable cause to believe that an optometrist licensed by the board has committed an act of unprofessional conduct pursuant to section 12-275-120 or, while under probation, has violated the terms of the probation. (c) If a licensee requests a hearing to dispute formal board action or if the board finds such probability great and a hearing is conducted, the hearing shall be conducted in accordance with the provisions of sections 12-20-403 and 24-4-105. (d) The board may revoke, suspend, deny, issue, reissue, or reinstate licenses granted pursuant to this article 275 or under the previous laws of this state, and the board may take other intermediate action deemed necessary under the circumstances of each case pursuant to this section. (2) Section 12-20-408 governs judicial review of an action of the board in refusing to grant or renew, revoking, or suspending a license, issuing a letter of admonition, or placing a licensee on probation or under supervision pursuant to subsection (1)(a)(I) of this section. (3) The board may send a letter of admonition by certified mail to a licensee under the circumstances specified in and in accordance with section 12-20-404 (4). (4) The board may send a confidential letter of concern to a licensee under the circumstances specified in section 12-20-404 (5). (5) In addition to the persons specified in section 12-20-402, any member of a professional review committee authorized by the board, any member of the committee's staff, and any person acting as a witness or consultant to the committee is granted the same immunity, and is subject to the same conditions for immunity, as specified in section 12-20-402. (6) (a) The board, on its own motion or upon application, at any time after the refusal to grant a license, the imposition of any discipline, or the ordering of probation, as provided in this section and section 12-20-404, may reconsider its prior action and grant, reinstate, or restore the license, terminate probation, or reduce the severity of its prior disciplinary action. The taking of any further action, or the holding of a hearing with respect thereto, rests in the sole discretion of the board. e, the imposition of any discipline, or the ordering of probation, as provided in this section and section 12-20-404, may reconsider its prior action and grant, reinstate, or restore the license, terminate probation, or reduce the severity of its prior disciplinary action. The taking of any further action, or the holding of a hearing with respect thereto, rests in the sole discretion of the board. (b) Upon the receipt of the application, it may be forwarded to the attorney general for such investigation as may be deemed necessary. The proceedings shall be governed by the applicable provisions governing formal hearings in disciplinary proceedings. The attorney general may present evidence bearing upon the matters in issue, and the burden shall be upon the applicant seeking reinstatement to establish the averments of the application as specified in section 24-4-105 (7). No application for reinstatement or for modification of a prior order shall be accepted unless the applicant deposits with the board all amounts unpaid under any prior order of the board. (7) Upon dismissal of a complaint that has gone to hearing, the board shall notify the complainant that he or she may receive a copy of the investigation report and the response of the optometrist or other person alleged to have violated the act upon payment of costs of copying and mailing such information. (8) The board may issue cease-and-desist orders under the circumstances and in accordance with the procedures specified in section 12-20-405.

C.R.S. § 12-275-123 Use or sale of forged or invalid certificate, degree, or license

12-275-123. Use or sale of forged or invalid certificate, degree, or license. (1) It is unlawful for any person to use or attempt to use as the person's own a diploma of an optometry school or college, or a license of another person, or a forged diploma or license, or any forged or false identification. (2) It is unlawful: (a) To sell or offer to sell a diploma conferring an optometry degree or a license granted pursuant to this article 275 or prior optometry practice laws; (b) To procure a diploma or license with intent that it be used as evidence of the right to practice optometry by a person other than the one upon whom it was conferred or to whom the license was granted; (c) With fraudulent intent to alter the diploma or license or to use or attempt to use it when it is so altered.

C.R.S. § 12-275-124 Corporate practice prohibited - exceptions

12-275-124. Corporate practice prohibited - exceptions. The practice of optometry in a corporate capacity is prohibited, but this prohibition does not apply to a professional corporation formed pursuant to this article 275 or to an optometry practice carried on by a nonprofit organization operating to assist indigent persons.

C.R.S. § 12-275-125 Enforcement - injunction - defense

12-275-125. Enforcement - injunction - defense. (1) When the board has reasonable cause to believe that any person is violating any provision of this article 275 or any lawful rule issued under this article 275, it may, in addition to all actions provided for in this article 275 and without prejudice thereto, enter an order in accordance with section 12-20-405 requiring the person to desist or refrain from the violation. Additionally, the board may seek injunctive relief in accordance with section 12-20-406 to enjoin the person from engaging in or continuing the violation or from doing any act in furtherance of the violation. (2) When legal actions are instituted against a board member or authorized personnel for acts occurring while acting in their official capacities and the actions are free of malice, fraud, or willful neglect of duty, the member or employee served shall forthwith transmit any process served upon him or her to the attorney general who shall furnish counsel and defend against the action without cost to the board member or employee.

C.R.S. § 12-275-126 Unauthorized practice - penalties

12-275-126. Unauthorized practice - penalties. Any person who practices or offers or attempts to practice optometry without an active license issued under this article 275 is subject to penalties pursuant to section 12-20-407 (1)(a).

C.R.S. § 12-275-127 Professional service corporations, limited liability companies, and registered limited liability partnerships for the practice of optometry - definitions

12-275-127. Professional service corporations, limited liability companies, and registered limited liability partnerships for the practice of optometry - definitions. (1) Persons licensed to practice optometry by the board may form professional service corporations for the practice of optometry under the "Colorado Business Corporation Act", articles 101 to 117 of title 7, if the corporations are organized and operated in accordance with the provisions of this section. The articles of incorporation of the corporations shall contain provisions complying with the following requirements: (a) The name of the corporation shall contain the words "professional company" or "professional corporation" or abbreviations thereof. (b) The corporation shall be organized solely for the purposes of conducting the practice of optometry only through persons licensed by the board to practice optometry in the state of Colorado. (c) The corporation may exercise the powers and privileges conferred upon corporations by the laws of Colorado only in furtherance of and subject to its corporate purpose. (d) All shareholders of the corporation shall be persons who are licensed by the board to practice optometry in the state of Colorado and who at all times own their shares in their own right. They shall be individuals who, except for illness, accident, and time spent in the armed services, on vacations, and on leaves of absence not to exceed one year, are actively engaged in the practice of optometry in the offices of the corporation. (e) Provisions shall be made requiring any shareholder who ceases to be or for any reason is ineligible to be a shareholder to dispose of all the shareholder's shares forthwith, either to the corporation or to any person having the qualifications described in subsection (1)(d) of this section. (f) The president shall be a shareholder and a director, and, to the extent possible, all other directors and officers shall be persons having the qualifications described in subsection (1)(d) of this section. Lay directors and officers shall not exercise any authority whatsoever over professional matters as defined in this article 275 or in the rules promulgated by the board. (g) The articles of incorporation shall provide, and all shareholders of the corporation shall agree, that all shareholders of the corporation shall be jointly and severally liable for all acts, errors, and omissions of the employees of the corporation or that all shareholders of the corporation shall be jointly and severally liable for all acts, errors, and omissions of the employees of the corporation except during periods of time when the corporation shall maintain in good standing professional liability insurance that shall meet the following minimum standards: (I) The insurance shall insure the corporation against liability imposed upon the corporation by law in the performance of professional services for others by those officers and employees of the corporation who are licensed by the board to practice optometry. (II) The policies shall insure the corporation against liability imposed upon it by law for damages arising out of the acts, errors, and omissions of all nonprofessional employees. (III) The insurance shall be in an amount for each claim of at least fifty thousand dollars multiplied by the number of persons licensed to practice optometry employed by the corporation; the policy may provide for an aggregate maximum limit of liability per year for all claims of one hundred fifty thousand dollars also multiplied by the number of persons licensed to practice optometry employed by the corporation; but no firm shall be required to carry insurance in excess of three hundred thousand dollars for each claim with an aggregate maximum limit of liability for all claims during the year of nine hundred thousand dollars. limit of liability per year for all claims of one hundred fifty thousand dollars also multiplied by the number of persons licensed to practice optometry employed by the corporation; but no firm shall be required to carry insurance in excess of three hundred thousand dollars for each claim with an aggregate maximum limit of liability for all claims during the year of nine hundred thousand dollars. (IV) The policy may provide that it does not apply to: Any dishonest, fraudulent, criminal, or malicious act or omission of the insured corporation or any stockholder or employee thereof; the conduct of any business enterprise, as distinguished from the practice of optometry, in which the insured corporation under this section is not permitted to engage but that nevertheless may be owned by the insured corporation or in which the insured corporation may be a partner or that may be controlled, operated, or managed by the insured corporation in its own or in a fiduciary capacity including the ownership, maintenance, or use of any property in connection therewith, when not resulting from breach of professional duty, bodily injury to, or sickness, disease, or death of any person, or to injury to or destruction of any tangible property, including the loss of use thereof; and the policy may contain reasonable provisions with respect to policy periods, territory, claims, conditions, and other usual matters. (2) The corporation shall do nothing that, if done by a person employed by it and licensed to practice optometry in the state of Colorado, would violate the standards of professional conduct, as provided for in this article 275. Any violation by the corporation of this section shall be grounds for the board to terminate or suspend its right to practice optometry. (3) Nothing in this section shall be deemed to diminish or change the obligation of each person employed by the corporation and licensed to practice optometry in this state to conduct the licensee's practice in accordance with the standards of professional conduct provided for in this article 275. Any person licensed by the board to practice optometry who by act or omission causes the corporation to act or fail to act in a way that violates the standards of professional conduct, including any provision of this section, shall be deemed personally responsible for the act or omission and shall be subject to discipline therefor. (4) A professional service corporation may adopt a pension, cash profit sharing, deferred profit sharing, health and accident insurance, or welfare plan for all or part of its employees including lay employees, if the plan does not require or result in the sharing of specific or identifiable fees with lay employees and if any payments made to lay employees, or into any plan in behalf of lay employees, are based upon their compensation or length of service, or both, rather than the amount of fees or income received. (5) Except as provided in this section, corporations shall not practice optometry. (6) As used in this section, unless the context otherwise requires: (a) "Articles of incorporation" includes operating agreements of limited liability companies and partnership agreements of registered limited liability partnerships. (b) "Corporation" includes a limited liability company organized under the "Colorado Limited Liability Company Act", article 80 of title 7, and a limited liability partnership registered under section 7-60-144 or 7-64-1002. (c) "Director" and "officer" of a corporation includes a member and a manager of a limited liability company and a partner in a registered limited liability partnership. (d) "Employees" includes employees, members, and managers of a limited liability company and employees and partners of a registered limited liability partnership. (e) "Share" includes a member's rights in a limited liability company and a partner's rights in a registered limited liability partnership. ger of a limited liability company and a partner in a registered limited liability partnership. (d) "Employees" includes employees, members, and managers of a limited liability company and employees and partners of a registered limited liability partnership. (e) "Share" includes a member's rights in a limited liability company and a partner's rights in a registered limited liability partnership. (f) "Shareholder" includes a member of a limited liability company and a partner in a registered limited liability partnership.

C.R.S. § 12-275-128 Financial responsibility - rules

12-275-128. Financial responsibility - rules. (1) Every optometrist who provides health-care services within the state of Colorado shall establish financial responsibility as follows: (a) By maintaining commercial professional liability insurance coverage with an insurance company authorized to do business in this state in a minimum indemnity amount of one million dollars per incident and three million dollars annual aggregate per year; or (b) By maintaining a surety bond in a form acceptable to the commissioner of insurance in the amounts set forth in subsection (1)(a) of this section; or (c) By depositing cash or cash equivalents as security with the commissioner of insurance in the amounts set forth in subsection (1)(a) of this section; or (d) By providing any other security acceptable to the commissioner of insurance, which may include approved plans of self-insurance. (2) (a) The board may, by rule, establish lesser financial responsibility standards than those required in subsection (1) of this section for classes of license holders who have an inactive license or who render limited or occasional optometry services because of administrative or other nonclinical duties, partial or complete retirement, or for other reasons that render the limits provided in subsection (1)(a) of this section unreasonable or unattainable. (b) Nothing in this section precludes or otherwise prohibits a licensed optometrist from rendering appropriate patient care on an occasional basis when the circumstances surrounding the need for care so warrant. (3) Each optometrist, as a condition of receiving and maintaining an active license to provide optometry services in this state, shall furnish the board evidence of compliance with subsection (1) of this section. No license shall be issued or renewed unless evidence of compliance has been furnished. (4) Notwithstanding the amounts specified in subsection (1) of this section, if the board receives two or more reports concerning any optometrist pursuant to section 12-275-129 during any one-year period, the minimum financial responsibility requirement shall be two times the amount specified in subsection (1) of this section. However, upon motion filed by the optometrist and the presentation of sufficient evidence to the board that one or more reports involved an action or claim that did not represent any substantial failure to adhere to accepted professional standards of care, the board may reduce the additional amount to that which would be fair and conscionable.

C.R.S. § 12-275-129 Judgments and settlements - reporting

12-275-129. Judgments and settlements - reporting. Any final judgment, settlement, or arbitration award against an optometrist for malpractice shall be reported within fourteen days by the optometrist's malpractice insurance carrier in accordance with section 10-1-125 or by the optometrist if no commercial malpractice insurance coverage is involved to the board for review, investigation, and, where appropriate, disciplinary or other action. Any optometrist who knowingly fails to report as required by this section shall be subject to a civil penalty of not more than two thousand five hundred dollars. The penalty shall be determined and collected in an action brought by the board in the district court in the city and county of Denver, which court shall have exclusive jurisdiction in such matters. All penalties collected pursuant to this section shall be transmitted to the state treasurer, who shall credit the same to the general fund.

C.R.S. § 12-275-130 Repeal of article - review of functions

12-275-130. Repeal of article - review of functions. This article 275 is repealed, effective September 1, 2033. Before the repeal, the functions of the board performed pursuant to this article 275 are scheduled for review in accordance with section 24-34-104.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-12.docxFetched: 10/6/2026

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