# Title 56 — Optometry, Board of

## Article 56-02 — Optometrist Licensure

## Chapter 56-02-04 — Equipment, Examination, Prescription, and Fee Requirements

Standards
### § 56-02-04-01. Minimum equipment requirements.

The minimum requirements of office equipment and accessories for optometrists, all of which shall
be maintained in good working condition at each location where examinations are conducted, shall be
those customarily used and available according to the prevailing standards of the profession in the
state of North Dakota.
History: Amended effective December 1, 1987.
General Authority: NDCC 43-13-13
Law Implemented: NDCC 43-13-22
### § 56-02-04-02. Minimum examination requirements.

The minimum care which an optometrist shall provide in all cases shall include the patient's case
history, records, examination, diagnosis, and treatment as meet the generally accepted standard of
care for the practice of optometry, but not less than required by law and these rules. An optometrist
shall keep and maintain permanent records of each patient for a minimum of six years from the last
contact with the patient documenting the care, case history, records, examination, diagnosis, and
treatment of each patient.
History: Amended effective January 1, 1995.
General Authority: NDCC 43-13-13
Law Implemented: NDCC 43-13-13, 43-13-13.2, 43-13-13.3
### § 56-02-04-03. Minimum prescription and fee standards.

1. Optometrists shall make available to their patients a copy of their spectacle (not contact
lenses) prescription upon request. Every spectacle prescription shall have noted thereon an
expiration date not to exceed thirty-six months.
2. Optometrists shall make available to their patients a copy of their contact lens prescription
upon completion of the fitting. An optometrist may require payment of fees for an eye
examination, fitting, and evaluation before the release of a contact lens prescription, but only if
the optometrist requires immediate payment in the case of an examination that reveals no
requirement for ophthalmic goods. For purposes of the preceding sentence, presentation of
proof of insurance coverage for that service shall be deemed to be a payment. Every contact
lens prescription shall have noted thereon an expiration date not to exceed twelve months.
3. Every licensed optometrist shall make available to the patient, upon request, information
showing how the fee was calculated, including the amount charged for professional services
rendered and for the laboratory cost of the ophthalmic materials used.
History: Amended effective December 1, 1987; January 1, 1995; July 1, 2008.
General Authority: NDCC 43-13-13
Law Implemented: NDCC 43-13-22

### § 56-02-04-04. Failure to comply with minimum equipment, examination, and prescription

standards.
In the absence of compelling reason to the contrary, it shall be considered grossly incompetent for
an optometrist to willfully or repeatedly fail or neglect to comply with the minimum equipment,
examination, and prescription standards of this chapter.
General Authority: NDCC 43-13-13
Law Implemented: NDCC 43-13-13
