Section 0480-01-.12 - CONTINUING EDUCATION (CE)(1) Basic Requirements(a) Each person licensed by the Board is required to complete nine (9) hours of continuing education during each calendar year which shall include: four (4) hours in spectacles, two (2) hours in contact lenses, one (1) hour in jurisprudence and two (2) hours in optional courses.1. The one (1) hour jurisprudence credit may be obtained by either: (i) Successfully completing the Board's Continuing Education Jurisprudence Credit examination; or(ii) Attending one (1) morning session of a regularly scheduled meeting of the Board.2. Licensees who attend one (1) morning session of a regularly scheduled meeting of the Board must sign the sign-in sheet, maintained by the Board's administrator. The licensee must record their name, license number, the time the licensee arrived at the Board meeting, and the time the licensee departed the Board meeting to receive one (1) hour of jurisprudence continuing education credit. The morning session shall be not less than 50 minutes.(b) Each licensee must retain proof of attendance and completion of all continuing education requirements. This documentation must be retained for a period of four (4) years from the end of the calendar year in which the continuing education was required. This documentation must be produced for inspection and verification, if requested in writing by the Board during its verification process. The Board will not maintain continuing education files.1. Documentation must include the date, location, and total time transpired if the continuing education was presented in a traditional format.2. Documentation must include proof of successful completion of a written postcourse examination to evaluate material retention if the course was presented in a multi-media format.(c) The licensee must, within thirty (30) days of a request from the Board, provide evidence of continuing education activities. Certificates verifying the licensee's attendance or original letters from course providers are such evidence.(d) For new licensees, submitting proof of successful completion of a two (2) year course of study in opticianry in a college level program recognized and approved by the Board, pursuant to Rule 0480-01-.04(4)(b), or submitting proof of successful completion of a three (3) year training program, pursuant to Rule 0480-01-.04(4)(c), shall be considered proof of sufficient preparatory education to constitute continuing education clock hour credit for the calendar year in which the applicant is approved.(2) Acceptable Continuing Education - Traditional Formats(a) The following organizations and entities are authorized to present, sponsor, or approve continuing education courses, events, and activities related to the practice of Opticianry and need no prior authorization or approval from the Board.1. American Board of Opticianry (ABO),2. National Contact Lens Examiners (NCLE),3. Tennessee Dispensing Opticians Association (TDOA).(b) The Board will accept any other Dispensing Optician clinic, workshop, seminar or lecture attended in Tennessee or attended at any national or regional meeting not in Tennessee for continuing education (CE) credit if it is in accordance with the following guidelines: 1. The subject matter must fall within the limit of subjects approved by the Board.2. Registrants, instructors, and panelists will be eligible for credit.3. CE will be awarded on the following basis:(i) Any single session covering not less than 2 1/2 hours will be assigned 3 hours of CE.(ii) Any single session covering not less than 1 hour, 40 minutes will be assigned 2 hours of CE.(iii) Any single session covering not less than 50 minutes will be assigned 1 hour of CE.(iv) The hours shall be based on actual instruction or program time, excluding registration time and coffee breaks, but including question and answer periods.(v) The total credits to be earned in any single 24-hour period cannot exceed 12.4. Course approval procedure for course providers - The subject matter, instructor, and course provider shall have prior approval from the Board. To obtain prior approval, the course provider must have delivered to the Board administrative office at least thirty (30) days prior to a regularly scheduled meeting of the Board that precedes the course, documentation which includes all of the following items which must be resubmitted if changes are made after receipt of approval from the Board: (i) A course content description or outline;(ii) Names of all lecturers;(iii) Brief resume of all lecturers;(iv) Number of hours of educational credit requested;(v) Dates, locations, and hours of course;(vi) Copies of materials to be utilized in the course;(vii) How verification of continuous attendance is to be documented; and(viii) How notification to every Tennessee licensed Dispensing Optician is to be accomplished.5. Under no circumstances shall continuing education courses be approved if the materials required by part 4. of this subparagraph are not received at least thirty (30) days prior to a regularly scheduled meeting of the Board at which approval is sought that precedes the course.6. Notwithstanding the provisions of subparagraph (2)(a), out-of-state continuing education providers may seek course approval if they are a dispensing optician regulatory agency or association from a state that borders Tennessee.7. Notwithstanding the provisions of subparagraph (2)(a), any licensee may seek approval to receive credit for successfully completing continuing education courses by submitting the documentation required in subparts (2)(b)4.(i) through (vi) and part (2)(b)5.(3) Acceptable Continuing Education - Multi-Media Formats (a) The Board will accept no more than two (2) hours of the annual requirement as provided in subparagraph (1)(a) in multi-media formats for continuing education (CE) credit if it is in accordance with the following guidelines:1. Under no circumstances shall multi-media format continuing education courses be approved for course providers or awarded CE credit for individual licensees if the materials required by subparagraphs (3)(b) or (3)(c) are not received at least thirty (30) days prior to a regularly scheduled meeting of the Board that precedes any licensee's successful completion of the course.2. The number of CE hours awarded for any course shall be determined by the Board during the course approval procedure as provided in subparagraphs (3)(b) or (3)(c).3. The licensee must successfully complete a written post-course examination to evaluate material retention.(b) Course approval procedure for individual licensees - Any licensee may seek approval to receive credit for successfully completing multi-media format continuing education courses by submitting the documentation required in parts (2)(b)4. and (2)(b)5.(c) Multi-media courses may include courses utilizing:2. Interactive Teleconferencing3. Interactive Videoconferencing(4) Violations (a) Any licensee who falsely certifies attendance and completion of the required hours of continuing education requirements, or who does not or can not adequately substantiate completed continuing education hours with the required documentation, may be subject to disciplinary action.(b) Prior to the institution of any disciplinary proceedings, a letter shall be issued to the last known address of the individual stating the facts or conduct which warrant the intended action.(c) The licensee has thirty (30) days from the date of notification to show compliance with all lawful requirements for the retention of the license.(d) Any licensee who fails to show compliance with the required continuing education hours in response to the notice contemplated by subparagraph (b) of this paragraph may be subject to disciplinary action.(e) Continuing education hours obtained as a result of compliance with the terms of a Board Order in any disciplinary action shall not be credited toward the continuing education hours required to be obtained in any renewal period.(5) Continuing Education for Reactivation of License(a) For reactivation of retired licensure1. An individual whose license has been retired for three (3) years or less will be required to fulfill continuing education requirements as outlined in this rule as a prerequisite to reinstatement. Those hours will be considered replacement hours and cannot be counted during the next licensure renewal period. An individual whose license has been retired for more than three (3) years shall apply, take and pass the examinations as required by the Board, pursuant to Rule 0480-01.08, prior to being considered for reinstatement.2. Any individual requesting reactivation of a license which has been retired must submit along with the reactivation request, verification which indicates the attendance and completion of hours of continuing education which must have been begun and successfully completed within 6 months immediately preceding the date of requested reinstatement. The continuing education hours completed to reinstate a retired license shall not be credited toward the continuing education hours required to be completed by the end of the calendar year following reinstatement.3. The Board, upon receipt of a written request and explanation, may waive or condition any or all of the continuing education required for reactivation of a retired certificate or license in emergency situations.(b) For reactivation of revoked licensure - No person whose license has been revoked for failure to comply with continuing education may be reinstated without complying with the requirements. Continuing education will accumulate at the same rate as for those licenses which are active. The required clock hours of continuing education must have been begun and successfully completed within six (6) months immediately following the date of revocation or suspension. A license which has been revoked for noncompliance with the CE requirements shall also be subject to the renewal late fee pursuant to Rule 0480-01-.06.(c) For reactivation of expired licensure - No person whose license has expired may be reinstated without submitting evidence of continuing education. The continuing education hours documented at the time of reinstatement must equal the hours required, had the license remained in an active status, and must have been successfully completed within six (6) months immediately preceding the date of reinstatement.(d) Continuing education hours obtained as a prerequisite for reactivating a license may not be counted toward the calendar year requirement.(6) Waiver of Continuing Education (a) The Board may grant a waiver to certify attendance and completion of the required hours of continuing education, if it can be shown to the Board that the failure to comply was not attributable to or was beyond the physical capabilities of the individual, i.e., disability, residence abroad, military service, or other instances of undue hardship. Such requests for waiver must be accompanied by written documentation acceptable to the Board.(b) Waivers will be considered only on an individual basis and may be requested by submitting the following items to the Board administrative office. 1. A written request for a waiver which specifies what requirement is sought to be waived and a written and signed explanation of the reasons for the request.2. Any documentation which supports the reason for the waiver requested or which may be subsequently requested by the Board.(c) A waiver approved by the Board is effective for only the calendar year for which the waiver of the requirement is sought, unless otherwise specified in writing by the Board.Tenn. Comp. R. & Regs. 0480-01-.12
Original rule filed August 2, 1995; effective October 16, 1995. Amendment filed August 7, 1997; effective October 27, 1997. Amendment filed February 10, 2000; effective April 25, 2000. Amendment filed April 26, 2002; effective July 10, 2002. Amendment filed May 6, 2002; effective July 20, 2002. Amendment filed May 12, 2003; effective July 26, 2003. Amendment filed October 12, 2004; effective December 26, 2004. Amendment filed October 18, 2005; effective January 1, 2006. Amendment filed April 1, 2015; effective June 30, 2015. Amendment filed September 11, 2015; effective December 10, 2015. Amendments filed June 15, 2022; effective 9/13/2022.Authority: T.C.A. §§ 63-1-107, 63-14-101, 63-14-103, 63-14-104, 63-14-106, 63-14-107, and 63-14-111.