North Dakota Code § 43-13-13.2

Practice of optometry - Requirements to practice optometry - Informed
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consent.
1. Any person engaged in visual training procedures or who employs or prescribes 
lenses, prisms, filters, ophthalmic instruments, or combinations thereof, held either in 
contact with the eye, or in frames or mounting, to aid, relieve, or correct any visual or 
ocular anomaly, or holds out as being able to do so, is deemed to be engaged in the 
practice of optometry.
2. An optometrist may not dispense therapeutic pharmaceutical agents, except an 
optometrist may:
a. Provide a patient a drug sample at no cost to the patient; or
b. Sell contact lenses or ophthalmic devices that are classified by the federal food 
and drug administration as a drug.
3. An optometric telemedicine provider -patient relationship is established when a patient 
seeks optometric services from a provider, and the provider agrees to provide 
optometric services to the patient, except in an emergency. The provider -patient 
relationship may be expressly created or created through implication; however, the 
provider-patient relationship is not created through receipt of patient health information 
by the provider unless a prior provider -patient relationship exists. The initial patient 
relationship must be established through an eye examination conducted by a licensed 
optometrist with a physical location in this state.
4. A licensed optometrist may act as a distant site provider and use telemedicine to 
provide care in accordance with standards of practice established by the board by rule. 
Telemedicine services may include consultation, diagnosis, and treatment for ocular 
diseases, provided that the optometrist complies with the regulations under this 
section. Before providing any optometric services to a patient via telemedicine, the 

provider first shall provide appropriate verification of the provider's identification, 
licensure, and current contact information.
5. Informed consent regarding the optometric services to be provided via telemedicine 
must include, at a minimum, information regarding the provider's technology used to 
provide optometric services via telemedicine and how to mitigate or resolve any 
technological disconnection or issue.

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