Optometry Regulation

Optometry Regulation, M.R. 456/88 R The Optometry Act , C.C.S.M. c. O70 Regulation 456/88 R Registered November 7, 1988 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Composition of board 3 Meetings 3.1 Regulatory advisory committee 4 Eligibility for registration as an optometrist 4.1 Application for initial registration as optometrist 4.2 Periodic renewal 4.3 Eligibility for registration as an optometric student 4.4 Application for optometric student 4.5 Periodic renewal — optometric student 5 Special circumstances 6 Repealed 7 Optometric drug licence 7.1 Therapeutic drug licence 7.2 Diagnostic drug licence 8 Designated optometric education programs 9 Temporary registration 10 Repeal Schedule A Drugs B Screening and Diagnostic Tests Definitions 1 In this regulation, "Act" means The Optometry Act ; («  Loi  ») "board" means the board of examiners appointed under the Act; (« comité ») "examination" means the written questions an applicant is required to answer and the practical assessment conducted to test the applicant's knowledge of optometry; (« examen ») "ophthalmologist" means a member of The College of Physicians and Surgeons of Manitoba who is registered as an ophthalmologist in Category 2 of the Manitoba Medical Register; (« ophtalmologiste ») "optometric education program" means an education program designated under section 8; (« programme de formation en optométrie ») "optometric student" means a person who is registered as an optometric student; (« étudiant en optométrie ») "optometrist" means a person registered and entitled to practise optometry under the Act; (« optométriste ») "registration" means registration with the association. (« inscription ») M.R. 118/2003 ; 104/2013 Composition of board 2(1) The board shall consist of the following persons: (a) the registrar; (b) three optometrists in good standing with the association who are not members of council, who are residents of the province, and who have been actively engaged in the practice of optometry in Manitoba for at least the two years immediately preceding appointment to the board; and (c) the lay person appointed by the Lieutenant Governor in Council under the Act. 2(2) Subject to subsection (3), each board member appointed under clause (1)⁠(b) shall hold office for a period of three years and thereafter until a successor is appointed. 2(3) A board member, other than the lay board member, who (a) is found to be incapacitated; (b) is guilty of professional misconduct or incompetence; (c) fails without cause to attend three consecutive meetings of the board or its committee; or (d) ceases to practise optometry in Manitoba; is disqualified from sitting on the board and his or her seat shall be deemed to be vacant. 2(4) Where for any reason a seat on the board, other than the seat of the lay board member, becomes vacant, a successor shall be appointed by the council to fill the vacancy for the remainder of the term. 2(5) Each year, the council must appoint a chairperson from among the board members, other than the lay board member. M.R. 118/2003 ; 104/2013 Meetings 3(1) The board shall meet at least twice annually and may hold other meetings at the request of the chairperson or any two members. 3(2) The chairperson shall give at least 72 hours notice of all meetings to all members of the board. 3(3) A majority of the board shall form a quorum. Regulatory advisory committee 3.1(1) The regulatory advisory committee is established for the purpose of section 6.1 of the Act. 3.1(2) The regulatory advisory committee consists of the following persons: (a) three members of the association appointed by the council; (b) two physicians appointed by The College of Physicians and Surgeons of Manitoba; (c) one physician appointed by Doctors Manitoba; (d) two pharmacists appointed by the Manitoba Pharmaceutical Association; (e) one person appointed by the University of Waterloo School of Optometry from among its faculty; (f) one person appointed by the Deputy Minister of the Department of Health, Seniors and Long-Term Care. 3.1(3) The chair of the regulatory advisory committee is to be selected from the three members of the association referred to in clause (2)⁠(a). 3.1(4) The members of the regulatory advisory committee referred to in clauses (2)⁠(e) and (f) are non-voting members of the committee. The other members of the committee are voting members. 3.1(5) The term of office for a regulatory advisory committee member is two years. 3.1(6) Except as provided for in subsection (7), a regulatory advisory committee member may not serve more than two consecutive terms. 3.1(7) The following members of the regulatory advisory committee may serve no more than three consecutive terms: (a) one of the first members of the association appointed by the council and designated by it as a first member of the regulatory advisory committee; (b) one of the first persons appointed by The College of Physicians and Surgeons of Manitoba and designated by it as a first member of the regulatory advisory committee. 3.1(8) A quorum of the regulatory advisory committee is three voting members comprised of (a) one of the members of the association appointed by the council; (b) one of the physicians appointed by either The College of Physicians and Surgeons of Manitoba or Doctors Manitoba; and (c) one of the pharmacists appointed by the Manitoba Pharmaceutical Association. 3.1(9) In addition to the responsibilities referred to in subsection 6.1(2) of the Act, the regulatory advisory committee may (a) review standards of practice related to the drugs specified in Schedule A and the screening and diagnostic tests specified in Schedule B; and (b) perform any other duties assigned to it by the council. 3.1(10) Upon receiving the regulatory advisory committee's recommendations, the council must send a copy of them to the minister. 3.1(11) The council may decide to accept, accept with modifications, or reject the regulatory advisory committee's recommendations. M.R. 104/2013 ; 115/2025 Eligibility for registration as an optometrist 4(1) The requirements for registration as an optometrist are as follows: (a) the applicant must have successfully completed an optometric education program; (b) the applicant must have passed any examinations set or approved by the board at the time of application; (c) the applicant must not suffer from a physical or mental condition, disorder, or addiction to alcohol or drugs that makes it desirable in the public interest that he or she not practise optometry; (d) if the applicant's first language is not English or French, the applicant must be able to demonstrate, in accordance with policies set by the board, appropriate skills in oral and written English or French with reasonable fluency; (e) the applicant must not have been convicted of an offence that is relevant to his or her suitability to practise optometry. 4(2) The requirements for registration of an optometrist who is qualified to practise optometry in another jurisdiction in Canada are as follows: (a) the applicant holds a certificate, registration or licence in good standing issued by a regulatory authority in another Canadian jurisdiction that regulates the practice of optometry; (b) the applicant successfully passes the jurisprudence examination approved by the board. M.R. 118/2003 ; 104/2013 Application for initial registration as optometrist 4.1(1) An applicant for initial registration as an optometrist in Manitoba must submit the following to the board: (a) a completed and signed application, in a form approved by council; (b) satisfactory proof of identity and current legal name; (c) evidence that he or she meets the eligibility requirements set out in section 11 of the Act and subsection 4(1) or (2), as the case may be; (d) [repealed] M.R. 104/2013 ; (d.1) evidence of the amount and type of professional liability insurance or coverage approved by the board; (d.2) a criminal record check satisfactory to the board; (e) [repealed] M.R. 104/2013 ; (f) the fee provided for in the by-laws. 4.1(2) In addition to the requirements in subsection (1), an applicant for initial registration as an optometrist (a) must provide information, if applicable, about any previous applications to practise optometry or another health profession in Manitoba and any other jurisdiction and the results of those applications; (b) must provide information, if applicable, about any current or previous conditions imposed on his or her ability to practise optometry; (c) must provide information, if applicable, about any review or current investigation or proceeding by a regulatory authority governing the practice of optometry or any other health profession, in Canada or elsewhere, in respect of the applicant's suitability to practise optometry; (d) must provide evidence of good standing satisfactory to the board from each jurisdiction outside Canada in which he or she has been or is currently licensed to practise optometry; and (e) must provide any other information, as may be requested by the board, relevant to the applicant's suitability for registration. 4.1(3) Upon registration, an optometrist must pay the dues provided for in the by-laws. M.R. 118/2003 ; 104/2013 Periodic renewal 4.2(1) Each member must periodically renew registration with the association at such time or times as required by the association. 4.2(2) An optometrist is entitled to have his or her registration renewed by (a) providing any information that the council may require in the form and within the time set by the council; (b) paying the dues provided for in the by-laws; (c) providing evidence that he or she has practised as an optometrist for at least 500 hours in the two-year reporting period immediately before the registration year for which renewal is sought; and (d) successfully completing one or more of the following activities, in the amount of at least 40 credit hours in the two-year reporting period immediately before the registration year for which renewal is sought, in accordance with any policies established by the board: (i) a process of self-assessment, (ii) an activity that provides continuing education in the practice of optometry, (iii) the creation and maintenance of a professional portfolio related to the practice of optometry, (iv) an activity approved by the board that relates to the practice of optometry. 4.2(3) A member who does not hold a therapeutic drug licence on the day that section 7.1 comes into force must obtain such a licence within five years from that date. 4.2(4) Despite subsection (3), the board may grant an optometrist an extension of the five-year period if the optometrist (a) has had an extended absence from his or her practice during that period; or (b) was unable to obtain a therapeutic drug licence during that period due to extenuating circumstances. 4.2(5) An application for an extension must (a) be in writing; (b) be made before the expiration of the five-year period; and (c) set out the reasons for requesting the extension. 4.2(6) An extension is subject to any terms and conditions that may be imposed by the board. M.R. 104/2013 Eligibility for registration as an optometric student 4.3 The eligibility requirements for registration as an optometric student are as follows: (a) the applicant must be enrolled in an optometric education program; (b) the applicant must provide confirmation from the optometric education program that he or she has completed the requirements for placement as an optometric student; (c) the applicant must not suffer from a physical or mental condition, disorder or addiction to alcohol or drugs that makes it desirable in the public interest that he or she not be placed as an optometric student; (d) if the applicant's first language is not English or French, he or she must be able to demonstrate, in accordance with the policies set by the board, appropriate skills in oral and written English or French with reasonable fluency; (e) the applicant must not have been convicted of an offence that is relevant to his or her suitability to be placed as an optometric student. M.R. 104/2013 Application for optometric student 4.4(1) An applicant for initial registration as an optometric student must submit the following to the board: (a) a completed and signed application in a form approved by the council; (b) satisfactory proof of identity and current legal name; (c) evidence that he or she meets the eligibility requirements set out in section 4.3; (d) evidence of the amount and type of liability insurance or coverage approved by the board; (e) a criminal record check satisfactory to the board; (f) any other information, as may be requested by the board, relevant to the applicant's suitability for registration; (g) the fee provided for in the by-laws. 4.4(2) In addition to the requirements in subsection (1), an optometric student (a) must establish that his or her name has not been removed — as a result of professional misconduct, or any other cause, that is relevant to his or her suitability to practise optometry — from the register of persons authorized to engage in the practice of optometry or any other health profession, in Canada or elsewhere; (b) must establish that he or she has not been suspended — as a result of professional misconduct, or any other cause, that is relevant to his or her suitability to practise optometry — by a regulatory authority governing the practice of optometry, or any other health profession, in Canada or elsewhere; (c) must provide information, if applicable, about any previous application to be an optometric student or to practise another health profession in Manitoba or any other jurisdiction and the results of that application; and (d) must provide information, if applicable, about any current or previous conditions imposed on his or her ability to be an optometric student. 4.4(3) Upon registration, the optometric student must pay the dues provided for in the by-laws. M.R. 104/2013 Periodic renewal — optometric student 4.5(1) An optometric student must periodically renew his or her registration with the association at such time or times as required by the council. 4.5(2) An optometric student is entitled to have his or her registration renewed by (a) providing any information that the council may require in the form and within the time set by the council; and (b) paying the dues provided for in the by-laws. M.R. 118/2003 ; 104/2013 Special circumstances 5(1) A person who at one time was registered with the association as an optometrist and subsequently ceased to be registered may apply in writing to the registrar for registration. 5(2) A person who has not practised optometry actively for three consecutive years immediately preceding his or her application for registration may be required by the council to show proof of competency to practise optometry. 5(3) Council may approve registration of an applicant under subsection (1) or (2) upon payment of any applicable fees and dues. M.R. 118/2003 ; 104/2013 6 [Repealed] M.R. 104/2013 Optometric drug licence 7 There are two classes of optometric drug licences: (a) therapeutic drug licences; (b) diagnostic drug licences. M.R. 104/2013 Therapeutic drug licence 7.1(1) For the purpose of clause 12(2)⁠(a) of the Act, an optometrist must meet the following requirements to obtain a therapeutic drug licence: (a) he or she must successfully complete either an undergraduate or postgraduate course of study, offered by the University of Waterloo or a school or college of optometry accredited by the Accreditation Council on Optometric Education, in the use of therapeutic drugs for the purpose of engaging in the practice of optometry; (b) he or she must receive a passing grade in an examination recognized or approved by the board; (c) he or she must pay the fees provided for in the by-laws. 7.1(2) An optometrist who holds a therapeutic drug licence may, in the course of engaging in the practice of optometry, (a) prescribe or administer a drug specified in Schedule A; (b) prescribe any non-prescription drug for ocular conditions in order to permit the patient to access a drug plan that covers non-prescription drugs; and (c) order and receive reports of screening and diagnostic tests specified in Schedule B. 7.1(3) This section is subject to the restrictions set out in the Controlled Drugs and Substances Act (Canada) and its regulations. 7.1(4) An optometrist holding a therapeutic drug licence must comply with any standards of practice set out in the by-laws. 7.1(5) The results of any diagnostic test specified in Schedule B must be shared with the collaborating physician with whom the optometrist is consulting. M.R. 104/2013 Diagnostic drug licence 7.2(1) For the purpose of clause 12(2)⁠(a) of the Act, an optometrist must meet the following requirements to obtain a diagnostic drug licence: (a) he or she must be a graduate of a designated optometric education program; (b) he or she must pass the examination required by the board; (c) he or she must pay the fees provided for in the by-laws. 7.2(2) Despite subsection (1), the following optometrists who pay the fees provided for in the by-laws are entitled to be issued a diagnostic drug licence: (a) an optometrist who graduated from the optometric education program at the University of Waterloo in Ontario in 1980 or later; (b) an optometrist to whom a full drug licence had been issued before the coming into force of this section. 7.2(3) An optometrist who holds a diagnostic drug licence may, in the course of engaging in the practice of optometry, use the diagnostic drugs specified in Schedule A for diagnostic purposes only and not for treatment purposes. M.R. 104/2013 Designated optometric education programs 8 The following programs are designated optometric education programs: (a) a program offered by a school or college of optometry accredited by the Accreditation Council on Optometric Education; (b) the International Optometric Bridging Program hosted by the University of Waterloo. M.R. 118/2003 ; 104/2013 Temporary registration 9(1) The board, with the approval of the council, may issue a temporary registration for a period not exceeding one year to a person who is not registered with the association but who (a) has graduated from a school of optometry; (b) holds a full-time appointment to a school or college of optometry accredited by the Accreditation Council on Optometric Education; and (c) performs such acts and carries out such duties as are within the scope of the practice of optometry as a full-time member of the school or college. 9(2) A temporary registration granted under subsection (1) may be revoked at any time by the council where the council is of the opinion that it is not in the best interest of the association or the public to continue the registration. 9(3) An optometrist who is granted a temporary registration under subsection (1) is not eligible to hold any office in the association or to set and vote at any meetings of the association. M.R. 118/2003 Repeal 10 Manitoba Regulation 22/85 as amended by Manitoba Regulation 219/86 is repealed. SCHEDULE A (Sections 7.1 and 7.2) DRUGS DIAGNOSTIC DRUGS The following diagnostic drugs are specified for the purpose of sections 7.1 and 7.2 only as they relate to the practice of optometry: (a) topical mydriatics; (b) topical cycloplegics; (c) topical anaesthetics. THERAPEUTIC DRUGS The following drugs are specified for the purpose of section 7.1 only as they relate to the practice of optometry: (a) topical mydriatics; (b) topical cycloplegics; (c) topical anaesthetics for non-prescription use; (d) topical miotics; (e) topical and oral anti-allergics; (f) topical anti-dry eye agents; (g) topical hyperosmotics; (h) topical non-steroidal anti-inflammatory drugs; (i) topical steroids for all indications except for the following: (i) a topical steroid must not be used in the setting of a corneal ulcer with an epithelial defect, (ii) a topical steroid may only be used for the treatment of uveitis if the optometrist consults and collaborates with an ophthalmologist in accordance with the by-laws; (j) anti-infectives: (i) topical antibiotics, (ii) oral antibiotics for the treatment of chronic eyelid disease if the optometrist consults and collaborates with a physician, (iii) topical anti-viral drugs; (k) the following anti-glaucoma medications: (i) topical anti-glaucoma medications if the optometrist consults and collaborates with an ophthalmologist in accordance with the by-laws, (ii) topical or oral anti-glaucoma medications for the treatment of angle closure for emergency use if the optometrist (A) consults and collaborates with an ophthalmologist in accordance with the by-laws, and (B) makes an immediate referral to an ophthalmologist. The drugs may be used alone or in combination with other drugs. M.R. 104/2013 SCHEDULE B (Section 7.1) SCREENING AND DIAGNOSTIC TESTS Orbital x-rays are specified for the purpose of clause 7.1(2)⁠(c). The following microbiology laboratory procedures are specified for the purpose of clause 7.1(2)⁠(c): (a) culture and sensitivity studies of organisms obtained from the ocular surface or adnexa; (b) viral studies of organisms obtained from the ocular surface or adnexa. M.R. 104/2013