HARRY HUGHES, Governor

2755

(C)  AT ANY DISCIPLINARY HEARING BEFORE THE BOARD, THE
FAILURE OR REFUSAL OF THE LICENSEE TO SUBMIT TO AN
EXAMINATION UNDER THIS SECTION IS PRIMA FACIE EVIDENCE OF
THE LICENSEE'S INABILITY TO PRACTICE OPTOMETRY COMPETENTLY,
UNLESS THE BOARD FINDS THAT THE FAILURE OR REFUSAL IS BEYOND
THE CONTROL OF THE LICENSEE.

(D)  THE BOARD SHALL PAY THE COSTS OF ANY EXAMINATION
MADE UNDER THIS SECTION.

(E) NOTWITHSTANDING ANY PROVISIONS OF THIS SECTION, A
LICENSEE MAY PRESENT EVIDENCE TO THE BOARD OF MENTAL OR
PHYSICAL HEALTH THAT CONFLICTS OR IS DIFFERENT FROM THAT
PRESENTED AS A RESULT OF AN EXAMINATION UNDER THIS SECTION.

10-207.1.

(A) A LICENSED OPTOMETRIST SHALL PERFORM A MINIMUM
OPTOMETRIC EXAMINATION WHICH SHALL INCLUDE:

(1) REVIEWING A PATIENT'S HISTORY, PAST
PRESCRIPTIONS AND SPECIFICATIONS WHEN AVAILABLE;

(2) VISUAL ANALYSIS;

(3) OPHTHALMOSCOPY OF INTERNAL EYE;

(4) TONOMETRY WITHOUT ANESTHETIC WHEN INDICATED
OR FOR A PATIENT OVER 40 YEARS OF AGE;

(5) MUSCLE BALANCE EXAMINATION;

(6) WRITING OF LENS FORMULA AND OTHER
PRESCRIPTION DATA WHEN NEEDED AS WELL AS SPECIFIC
INSTRUCTIONS FOR FUTURE CARE; AND

(7) SUBSEQUENT PROGRESS EVALUATION WHEN
INDICATED.

(B) A LICENSED OPTOMETRIST SHALL MAINTAIN THOROUGH
RECORDS OF ALL TESTING PROCEDURES, RESULTS, AND CASE
DISPOSITIONS FOR AT LEAST THREE YEARS.

(C) A LICENSED OPTOMETRIST SHALL HAVE ON HAND ALL
INSTRUMENTATION AND EQUIPMENT, IN GOOD WORKING CONDITION,
REQUIRED TO CARRY OUT THE PROCEDURES FOR THE MINIMUM
EXAMINATION UNDER THIS SECTION.

10-312.

Subject to the hearing provisions of § 10-314 of this
subtitle, the Board, on the affirmative vote of a majority
of its members then serving, may deny a license to any
applicant, reprimand any licensee, place any licensee on
probation, or suspend or revoke a license if the applicant
or licensee: