Sec. 20-130. Qualifications for practice of optometry. Examination. Fees. Each
person, before beginning the practice of optometry in this state, except as hereinafter
provided, shall present to the Department of Public Health satisfactory evidence that
he has a qualifying academic certificate from the Commissioner of Education showing
that he has been graduated after a four years' course of study in a public high school
approved by the State Board of Education, or has a preliminary education equivalent
thereto, and has been graduated from a school of optometry approved by the board of
examiners with the consent of the Commissioner of Public Health and maintaining a
course of study of not less than four years. The board shall consult, where possible, with
nationally recognized accrediting agencies when approving schools of optometry. No
school of optometry shall be approved unless it has a minimum requirement of a course
of study of one thousand attendance hours. No school shall be disapproved by the board
solely because it is located in a country other than the United States or its territories or
possessions. The qualifications of any applicant who has not been graduated from an
approved public high school shall be determined by the State Board of Education by
adequate preliminary examination, the fee for which shall be twenty-five dollars. All
applicants shall be required to take an examination conducted by the Department of
Public Health under the supervision of the board of examiners, in theoretic, practical
and physiological optics, theoretic and practical optometry, ocular pharmacology and
the anatomy and physiology of the eye; and said department shall determine the qualifications of the applicant and, if they are found satisfactory, shall give a license to that
effect. Passing scores shall be established by the department with the consent of the
board. The department may, upon receipt of four hundred fifty dollars, accept and approve, in lieu of the examination required in this section, a diploma of the National
Board of Examiners in Optometry, subject to the same conditions as hereinafter set
forth for acceptance, in lieu of examination, of a license from a board of examiners in
optometry of any state or territory of the United States or the District of Columbia and
may issue to such person a statement certifying to the fact that such person has been found
qualified to practice optometry. Any person who is a currently practicing competent
practitioner who presents to the Department of Public Health a certified copy or certificate of registration or license, which was issued to him after examination by a board of
registration in optometry in any other state in which the requirements for registration
are deemed by the department to be equivalent to, or higher than, those prescribed in
this chapter, may be given a license without examination, provided such state shall
accord a like privilege to holders of licenses issued by this state. The fee for such license
shall be four hundred fifty dollars. The times and places of examination of applicants
shall be determined by the department. Each applicant shall pay to the department the
sum of fifty dollars before examination. No person otherwise qualified under the provisions of this section shall be denied the right to apply for or receive an optometrist's
license solely because he is not a citizen of the United States. No license shall be issued
without examination under this section to any applicant against whom professional
disciplinary action is pending or who is the subject of an unresolved complaint. The
department shall inform the board annually of the number of applications it receives for
licensure without examination under this section.
(1949 Rev., S. 4491; 1959, P.A. 616, S. 46; June, 1971, P.A. 8, S. 57; 1972, P.A. 127, S. 39; P.A. 73-147; P.A. 74-59;
P.A. 77-614, S. 302, 410, 610; P.A. 80-484, S. 47, 176; P.A. 86-13, S. 3, 4; P.A. 89-251, S. 90, 203; P.A. 93-381, S. 9, 39;
P.A. 95-257, S. 12, 21, 58.)
History: 1959 act increased fee for preliminary examination from five to twenty-five dollars, substituted license for
certificate, doubled fee for same, increased examination fee from thirty-five to fifty dollars, making whole amount payable
before examination, and deleted provision for reexamination; 1971 act raised fee for licenses without examination from
one hundred to one hundred fifty dollars; 1972 act reduced minimum age from twenty-one to eighteen reflecting changed
age of majority; P.A. 73-147 added provisions re acceptance of diploma of National Board of Examiners in Optometry in
lieu of examination; P.A. 74-59 prohibited disapproval of school solely because it is outside United States, its territories
or possessions and prohibited refusing application or license to qualified person solely because he is not a citizen; P.A.
77-614 replaced secretary of the state board of education with commissioner of education, transferred conduct of examination from board to department of health services, retaining board in supervisory role and required consent of health services
commissioner for acceptance of National Board diploma, effective January 1, 1979; P.A. 80-484 essentially transferred
licensing powers to department, deleted requirement that applicant be over eighteen and "of good moral character", specified
that waiver of examination applicable to currently practicing competent practitioners, required that board consult with
recognized accrediting agencies and obtain consent of health services commissioner in approving schools, added provision
re establishment of passing scores, prohibited issuing license to person involved in disciplinary action or unresolved
complaint and required that board be notified annually of number of applications; P.A. 86-13 required that examination
test knowledge of ocular pharmacology; P.A. 89-251 increased the fee from one hundred fifty dollars to four hundred fifty
dollars; P.A. 93-381 replaced department and commissioner of health services with department and commissioner of public
health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health
and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995.
See Sec. 10-5 re high school equivalency diplomas.
See Sec. 10a-43 re issuance of postsecondary education certificate.
See note to Sec. 20-133a.
Cited. 130 C. 347.
Partnership cannot be licensed to practice optometry. 21 CS 332.
Secs. 20-131 and 20-132. License; fee for; display of. Regulations concerning
license; duplicate licenses. Sections 20-131 and 20-132 are repealed.
(1949 Rev., S. 4492, 4493; 1959, P.A. 616, S. 47; P.A. 77-614, S. 411, 610; P.A. 80-484, S. 175, 176.)
Sec. 20-132a. Renewal of licenses. Licenses issued under this chapter shall be
renewed annually in accordance with the provisions of section 19a-88.
(P.A. 80-484, S. 48, 176.)
Sec. 20-133. Disciplinary action. Grounds. The board may take any of the actions
set forth in section 19a-17 after notice and hearing, for any of the following reasons:
(1) Conviction in a court of competent jurisdiction, either within or without this state,
of any crime in the practice of optometry; (2) illegal or incompetent or negligent conduct
in the practice of optometry; (3) publication or circulation of any fraudulent or misleading statement; (4) aiding or abetting the practice of optometry by an unlicensed
person or a person whose license has been suspended or revoked; (5) presentation to
the department of any diploma, license or certificate illegally or fraudulently obtained,
or from an unrecognized or irregular institution or state board, or obtained by the practice
of any fraud or deception; (6) violation of any provision of this chapter or any regulation
adopted hereunder; (7) the effects of physical or mental illness, emotional disorder or
loss of motor skill, including but not limited to, deterioration through the aging process,
upon the practitioner; (8) abuse or excessive use of drugs, including alcohol, narcotics
or chemicals; or (9) failure to maintain professional liability insurance or other indemnity
against liability for professional malpractice as required by section 20-133b. The Commissioner of Public Health may order a license holder to submit to a reasonable physical
or mental examination if his physical or mental capacity to practice safely is the subject
of an investigation. Said commissioner may petition the superior court for the judicial
district of Hartford to enforce such order or any action taken pursuant to section 19a-17. The license of any optometrist who peddles optical goods, or solicits orders therefor,
from door to door, or who establishes a temporary office, may be revoked, and said
department may refuse to renew such license. The license of any optometrist who employs solicitors or obtains money by fraud or misrepresentation in connection with the
conduct of the profession of optometry shall be revoked, and said department shall not
renew such license. The violation of any of the provisions of this chapter by any unlicensed employee in the employ of an optometrist, with the knowledge of his employer,
shall be deemed to be a violation thereof by his employer; and continued violation by
such an unlicensed employee shall be deemed prima facie knowledge on the part of such
employer. Nothing herein contained shall be construed as prohibiting the conducting of
clinics or visual surveys when they are conducted without profit.
(1949 Rev., S. 4493, 4494; P.A. 77-614, S. 412, 610; P.A. 80-484, S. 49, 176; P.A. 81-471, S. 33, 71; P.A. 88-230, S.
1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; 93-381, S. 9, 39; P.A. 95-220, S. 4-6; 95-257, S. 12, 21, 58; P.A. 96-133, S. 3.)
History: P.A. 77-614 added Subdiv. (g) allowing revocation or suspension of license for violation of chapter or related
regulations, effective January 1, 1979; P.A. 80-484 allowed disciplinary actions pursuant to Sec. 19-4s and revised grounds
for such action, deleting crimes of moral turpitude, felonies and misdemeanors in Subdiv. (1), formerly (a), deleting
immoral, fraudulent, dishonorable or unprofessional conduct, formerly (b), deleting "habitually" as modifier of "negligent"
and "unprofessional" as modifier of "conduct" in Subdiv. (2), formerly (c), substituting "department" for "board" in Subdiv.
(5), formerly (f) and adding Subdivs. (7) and (8) re physical or mental illness, etc. and drug abuse, added provisions re
submission to physical or mental examination and re petitions to court for enforcement of orders or actions, replacing
"board" with "department" as renewer of licenses and deleting prohibition against person other than optometrist operating
under optometrical license; P.A. 81-471 changed wording slightly but made no substantive change; P.A. 88-230 replaced
"judicial district of Hartford-New Britain" with "judicial district of Hartford", effective September 1, 1991; P.A. 90-98
changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 93-142 changed the
effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 93-381 replaced
commissioner of health services with commissioner of public health and addiction services, effective July 1, 1993; P.A.
95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995;
P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and
Department of Public Health, effective July 1, 1995; P.A. 96-133 added Subdiv. (9) making failure to carry liability
insurance grounds for board action.
"Immoral, dishonorable or unprofessional conduct" means the person guilty of it is intellectually or morally incompetent
to practice or has committed an act likely to jeopardize the interests of the public. 119 C. 679. Advertising may be regarded
as unprofessional conduct. 130 C. 353. Cited. 130 C. 345; 141 C. 288.
Held that it is not unprofessional conduct for a licensed optometrist to practice his profession as an employee in charge
of the optometrical department of a store. 21 CS 332. An optometrist who manages the optometrical department of a store
owned by a partnership may be violating subsection (e) of this section. Id. But see section 20-133a and note thereto.
Sec. 20-133a. Restrictions on employment of optometrists. No licensed optometrist shall practice his profession as an employee of any unlicensed person, firm or
corporation, provided that said prohibition shall not apply to health service organizations, hospitals, other optometrists or ophthalmologists. Nothing herein contained shall
prohibit any registered optometrist or optometrists from continuing his employment in
the mercantile establishment in which he or they were employed on June 28, 1963. No
rule of the board shall prohibit the practice of optometry on a lessee or sublessee basis
in or on the premises of a retail, commercial or mercantile establishment.
(1963, P.A. 429; P.A. 80-484, S. 165, 176.)
History: P.A. 80-484 replaced previous prohibitions against practicing as lessee or sublessee in mercantile establishment,
against practicing on behalf of unlicensed person and against unlicensed persons practicing optometry with prohibition
against practicing as employee of unlicensed person, firm or corporation and specifically allowed practice of optometry
on lessee or sublessee basis on premises of retail, commercial or mercantile establishment.
Prior to this act, held legislature did not intend that corporation or other unlicensed person could not employ licensed
optometrist at fixed salary to render optometrical services to persons whose obligation to pay for services would run to
corporation. 150 C. 290.
Sec. 20-133b. Professional liability insurance required, when. Amount of insurance. Reporting requirements. (a) Each person licensed to practice optometry under the provisions of this chapter who provides direct patient care services shall maintain
professional liability insurance or other indemnity against liability for professional malpractice. The amount of insurance that each such person shall carry as insurance or
indemnity against claims for injury or death for professional malpractice shall not be
less than five hundred thousand dollars for one person, per occurrence, with an aggregate
of not less than one million five hundred thousand dollars.
(b) Each insurance company that issues professional liability insurance, as defined
in subdivisions (1), (6), (7), (8) and (9) of subsection (b) of section 38a-393, shall, on
and after January 1, 1997, render to the Commissioner of Public Health a true record
of the names, according to classification, of cancellations of and refusals to renew professional liability insurance policies and the reasons for such cancellations or refusal to
renew said policies for the year ending on the thirty-first day of December next preceding.
(P.A. 96-133, S. 2.)
Secs. 20-134 and 20-135. Hearing on suspension or revocation of license. Appeal. Sections 20-134 and 20-135 are repealed.
(1949 Rev., S. 4495, 4496; 1971, P.A. 179, S. 11; 870, S. 59; P.A. 76-436, S. 423, 681; P.A. 77-603, S. 64, 125; 77-614, S. 413, 414, 610; P.A. 78-280, S. 37, 38, 127; P.A. 80-484, S. 175, 176.)
Sec. 20-136. Examination of school children. The examination and inspection
of school children under the provisions of chapter 169, as far as such examination and
inspection concern the vision, may be performed by any optometrist licensed under the
provisions of this chapter, provided such optometrist shall be appointed for such purpose
in the same manner as medical advisors are appointed under the provisions of said
chapter.
(1949 Rev., S. 4497.)
See Sec. 10-205 re appointment of school medical advisors.
See Sec. 10-214 re vision, audiometric and postural screenings of public school students.
Sec. 20-137. Exemption. Use of title "Doctor". The provisions of this chapter
shall not be construed to apply to physicians and surgeons authorized to practice under
the laws of this state, nor to any person who sells spectacles or eyeglasses on prescription
from any such physician or certified optometrist; provided such person shall not attempt
to measure the vision of the eye. No person granted a certificate under the terms of this
chapter shall display or use the title "Doctor" or its synonym, either by way of prefix
or otherwise, unless, at the same time, he appends to his name words indicating that he
is an optometrist. Any person violating any provision of this section shall be subject to
the penalties provided in section 20-138a.
(1949 Rev., S. 4498.)
Exemption in this section does not apply to opticians act. 13 CS 147.
Sec. 20-138. Penalty. Section 20-138 is repealed.
(1949 Rev., S. 4499; 1959, P.A. 616, S. 47.)
Sec. 20-138a. Construction of chapter. Penalty for practice without a license.
(a) No person shall engage in the practice of optometry in this state unless such person
has first obtained a license from the Department of Public Health but the provisions of
this chapter shall not prevent a licensed optometrist from delegating optometric services
to either a trained optometric assistant or to an optometric technician. Such delegated
services shall be performed only under the supervision, control, and responsibility of
the licensed optometrist, except that optometric assistants and optometric technicians
shall not be authorized to use prescription and or diagnostic drugs pursuant to this chapter
or chapter 417 nor shall optometric assistants or optometric technicians be authorized
to refract eyes, detect eye health, prescribe spectacles, eyeglasses or contact lenses.
Optometric services that may be delegated to an optometric assistant or to an optometric
technician may be delegated to an optometric assistant trainee, provided that such services are performed only under the direct supervision, control and responsibility of the
employing licensed optometrist. Any person in violation of this section shall be fined
not more than five hundred dollars or imprisoned not more than five years or both, for
each offense. For purposes of this section each instance of patient contact or consultation
which is in violation of any provision of this section shall constitute a separate offense.
Failure to renew a license in a timely manner shall not constitute a violation for the
purposes of this section.
(b) For the purposes of this section: (1) "Optometric assistant" means a person who
has either completed two hundred hours of on-the-job training, an affidavit in support
of which shall be kept by the employing optometrist on the premises, or graduated
from a vocational program in optometric technicianry; (2) "optometric assistant trainee"
means a person who has completed less than two hundred hours of on-the-job training
and who is under the direct supervision, control and responsibility of an employing,
licensed optometrist when performing optometric services which may be delegated to
optometric assistants and to optometric technicians; (3) "optometric technician" means
a person who has either completed a two-year college program in optometric technicianry, or passed the national optometric technician registration examination given by
The American Optometric Association.
(1959, P.A. 616, S. 48; P.A. 77-614, S. 323, 610; P.A. 80-484, S. 153, 176; P.A. 84-526, S. 10; P.A. 88-362, S. 11; 88-364, S. 92, 123; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: P.A. 77-614 replaced department of health with department of health services, effective January 1, 1979; P.A.
80-484 transferred licensing power to department from board of examiners, deleting obsolete reference to registration with
department as provided in Sec. 19-45; P.A. 84-526 amended section by changing penalty for violation of any provision
of section to a fine of not more than five hundred dollars or imprisonment of not more than five years, and added provisions
that each instance of patient contact or consultation shall constitute a separate offense and failure to renew license in timely
manner is not a violation for purposes of section; P.A. 88-362 authorized licensed optometrists to delegate optometric
services to trained assistants and technicians and added Subsec. (b) defining "optometric assistant", "optometric assistant
trainee", and "optometric technician"; P.A. 88-364 made technical changes in Subsec. (b); P.A. 93-381 replaced department
of health services with department of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced
Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public
Health, effective July 1, 1995.
Sec. 20-138b. Interference with choice of physician or optometrist for vision
care. Offer by health care center or preferred provider network of ophthalmologic
care to include optometric care. Regulations. (a) No person shall interfere with the
exercise by any other person of the person's free choice in the selection of a licensee
under either chapter 370 or this chapter for vision training or care.
(b) If any health care center, as defined in section 38a-175, or preferred provider
network, as defined in section 38a-479aa, offers health care benefits which provide
ophthalmologic care for any person, partnership, corporation, association or group, however organized, such health care center or preferred provider network shall provide
optometric care. If the ophthalmologic care provided may be lawfully rendered by an
optometrist, such health care center or preferred provider network shall provide the
identical eye care coverage and benefits for its members when such care is rendered by
an optometrist under contract with such health care center or preferred provider network.
Such health care center or preferred provider network shall (1) contract with ophthalmologists and optometrists in a manner which will provide fair and sufficient representation
of such providers in relation to the benefits provided by the health care center plan or
preferred provider network, and (2) equally inform its members of the availability of
ophthalmologic and optometric services.
(c) The Insurance Commissioner may adopt regulations, in accordance with chapter
54, to carry out the provisions of subsection (b) of this section.
(1967, P.A. 598; P.A. 79-315; P.A. 80-482, S. 3, 345, 348; P.A. 87-126; P.A. 89-194; P.A. 93-358, S. 2; P.A. 99-284,
S. 49; June Sp. Sess. P.A. 01-4, S. 22, 58.)
History: P.A. 79-315 added Subsecs. (b) and (c) re medical foundations; P.A. 80-482 reinstated insurance commissioner
as department head of independent insurance department rather than as head of division of insurance within the department
of business regulation (successor agency to previously independent insurance department), created by P.A. 77-614; P.A.
87-126 amended Subsec. (b) to require health care centers which provide ophthalmologic care to also provide optometric
care, and deleted Subsec. (c) which had defined "medical foundation"; P.A. 89-194 amended Subsec. (b) to require health
care centers to provide coverage and benefits for eye care lawfully rendered by an optometrist identical to the coverage
and benefits provided for eye care when rendered by an ophthalmologist, to require fair representation of optometrists in
relation to benefits under health care center plan, to require members be equally informed of availability of ophthalmologic
and optometric services and added Subsec. (c) permitting the commissioner to adopt regulations to carry out the provisions
of Subsec. (b); P.A. 93-358 amended Subsec. (b) to include preferred provider networks under the provisions of the Subsec.;
(Revisor's note: In 1997 a reference in Subsec. (c) to "Commissioner of Insurance" was changed editorially by the Revisors
to "Insurance Commissioner" for consistency with customary statutory usage); P.A. 99-284 made technical changes; June
Sp. Sess. P.A. 01-4 amended Subsec. (b) by replacing reference to Sec. 19a-647b with reference to Sec. 38a-479aa and
making technical changes.
Sec. 20-138c. Optometrists as members of certain advisory committees. Wherever a committee, council or other body is appointed to serve in an advisory capacity
in matters pertaining to vision for the Department of Public Health, the State Board of
Education, the Department of Motor Vehicles or the Department of Social Services, the
appointing authority shall include, as a member of such committee, council or body, a
person licensed under the provisions of this chapter.
(1967, P.A. 342; P.A. 75-420, S. 4, 6; P.A. 77-614, S. 323, 521, 610; P.A. 93-262, S. 1, 87; 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: P.A. 75-420 replaced welfare department with department of social services; P.A. 77-614 replaced department
of social services with department of human resources and department of health with department of health services, effective
January 1, 1979; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner
and department of human resources, effective July 1, 1993; P.A. 93-381 replaced department of health services with
department of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995
(Revisor's note: A reference to "Motor Vehicle Department" was changed editorially by the Revisors to "Department of
Motor Vehicles" for consistency with customary statutory usage).