§ 17-90-501. Title

This subchapter shall be known as the “Impaired Optometrist Treatment Program”.

§ 17-90-502. Purpose

The purpose of this subchapter is to provide for the identification and treatment of optometrists licensed under the Arkansas Optometry Law, § 17-90-101 et seq., who suffer from impairment, in order to promote the public health and safety and to ensure the continued availability of the skills of highly trained optometric professionals for the benefit […]

§ 17-90-503. Definitions

As used in this subchapter: (1) “Impaired” or “impairment” means the presence of the diseases of alcoholism, drug abuse, or mental illness; (2) “Impaired Optometrist Treatment program” means the State Board of Optometry-approved or sponsored program for the detection, intervention, and monitoring of impaired providers; (3) (A) “Professional incompetence” means the inability or failure of […]

§ 17-90-504. Authority

The State Board of Optometry may undertake the functions and responsibilities to carry out the purposes of this subchapter, which may include any of the following: (1) Contracting with providers of treatment programs; (2) Receiving and evaluating reports of suspected impairment from any source; (3) Intervening in cases of verified impairment; (4) Referring impaired optometrists […]

§ 17-90-505. Procedures

The State Board of Optometry shall develop procedures for: (1) Informing each participant in the Impaired Optometric Treatment program of the program procedures, responsibilities of program participants, and the possible consequences of noncompliance with the program; and (2) Voluntary self-reporting and treatment program participation by an optometrist.

§ 17-90-506. Evaluation

(a) If the State Board of Optometry has reason to believe that an optometrist is impaired, the board may cause an evaluation of the optometrist to be conducted for the purpose of determining if there is an impairment. (b) If the board finds after examination and hearing that a licensee is impaired, it may take […]

§ 17-90-507. Request for restricted license

(a) An impaired optometrist may request in writing to the State Board of Optometry a restriction of his or her license to practice. (b) The board may grant such a request for restriction and shall have the authority to attach conditions to the licensure of the optometrist to practice optometry within specified limitations.

§ 17-90-508. Confidentiality of records

(a) (1) Notwithstanding any provision of state law, records of the State Board of Optometry pertaining to an impaired optometrist shall be exempt from the Freedom of Information Act of 1967, § 25-19-101 et seq., shall be kept confidential and shall not be subject to discovery or subpoena. (2) No person in attendance at any […]

§ 17-90-509. Participation in treatment program

An impaired optometrist who is participating in or has successfully completed a treatment program pursuant to this subchapter shall not be limited or restricted in his or her professional practice or excluded from any hospital staff solely because of such participation.

§ 17-90-510. Limitation on liability

(a) Notwithstanding any other provisions of law, the State Board of Optometry and committees and members thereof shall not be held liable in damages to any person within the scope of their responsibilities pursuant to this subchapter. (b) No person who in good faith and without malice makes a report pursuant to this subchapter to […]