| (a) Retired License. The Board may issue a Retired
License to optometrists or therapeutic optometrists whose only practice
is volunteer charity care pursuant to this section.
(b) Application. An optometrist holding a current license
may apply for a Retired License by submitting to the Board a completed
application with the license fee required by §273.4 of this chapter
(relating to Fees (Not Refundable)). There is no charge to apply.
A Retired License will not be issued to applicants subject to current
or pending disciplinary action. In determining whether to grant retired
status, the board shall consider the age, years of practice, and status
of the license holder at the time of the application. Applicants must
supply proof that the continuing education requirements for a Retired
License have been met in §275.1(g)(1) of this title (relating
to General Requirements).
(c) Application by Expired Licensee. A former therapeutic
optometrist whose license has expired for one year or more may apply
for a Retired License by submitting to the Board a completed application
with the license fee required by §273.4 of this chapter. There
is no charge to apply. A Retired License will not be issued to applicants
subject to current or pending disciplinary action. Applicants must
supply proof of having met the continuing education requirements of §275.1(g)(2)
of this title. An applicant for a Retired License whose license has
been expired for five years or more must supply proof of a passing
score on the jurisprudence examination taken within the one year period
prior to the submission of the application. In determining whether
to grant retired status, the Board shall consider the age, years of
practice, and status of the license holder at the time of the application.
(d) Scope of License. The holder of a Retired License
may practice optometry or therapeutic optometry in the same manner
as an active licensee of the Board, subject to the restrictions contained
in this section. A holder of a Retired License may only practice optometry
or therapeutic optometry when such practice is without compensation
or expectation of compensation (except for the reimbursement of travel
and supply expenses) as a direct service volunteer of a charitable
organization.
(e) Charitable Organization. A charitable organization
includes any bona fide charitable, religious, prevention of cruelty
to children or animals, youth sports and youth recreational, neighborhood
crime prevention or patrol, or educational organization (excluding
fraternities, sororities, and secret societies), or other organization
organized and operated exclusively for the promotion of social welfare
by being primarily engaged in promoting the common good and general
welfare of the people in a community, including these types of organizations
with a §501(c)(3) or (4) exemption from federal income tax, some
chambers of commerce, and volunteer centers certified by the Department
of Public Safety.
(f) Renewal. A Retired License expires on the same
date as a regular license. Prior to renewing the license, the licensee
must supply proof that the continuing education requirements for a
Retired License have been met. The license renewal fee is set in §273.4
of this chapter.
(g) Penalty. The holder of a Retired License shall
not receive compensation for the practice of optometry. To do so constitutes
the practice of optometry without a license and subjects the optometrist
or therapeutic optometrist to the penalties imposed for this violation.
(h) Reinstatement of an Active License by a Holder
of a Retired License. Retired licensees may apply for reinstatement
by submitting to the Board a completed application with the application
fee required by §273.4 of this chapter. Applicants must supply
proof that the continuing education requirements for an active license
have been met.
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