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§ 4. REGISTRATION OF A COLLEGE COURSE OF STUDY

1. In the registration of a college course of study the Commissioner may exercise his discretion wherever deficiencies in certain requirements may occur.

2. The following regulations governing the resigtration of a college course of study shall apply to all courses of study in colleges of liberal arts and science, and to courses of study in agriculture, arts, ceramics, education, forestry, home economics, library science, music and in any other field of specialization for which specific regulations are not provided in this article.

(a) Resources.--A college shall have minimum resources beyond all indebtedness, of at least $500,000. To assure adequate maintenance and adequate operation, it shall have an annual net income of at least $100,000 from all sources. In institutions maintained by religious or other organizations, contributed services shall be acceptable in whole or in part as a substitute for required income. It shall have a physical plant and equipment adequate for the realization of its announced objectives.

(b) Laboratories.—A college shall have properly housed laboratories with sufficient modern equipment for instructional purposes for each science course offered. These laboratories shall be maintained at their full efficiency by means of adequate annual expenditures.

(c) Library.-A college shall maintain a well-distributed, professionally administered library. The library shall be adapted to the courses of study of the college and shall meet the needs of students and faculty. Adequate annual provision for the purchase of new books shall be made. (d) Faculty.

(1) A college shall maintain an experienced staff adequate for the efficient presentation of the courses offered. At least one instructor of professorial rank shall give full time to instruction in each department or subject field.

(2) A majority of the faculty having full charge of classes shall be of professorial rank.

(3) A majority of all full-time instructors shall have had at least one year of graduate study or its equivalent and all instructors shall have earned a bachelor's degree from a recognized college or shall possess equivalent training.

(4) All members of the teaching staff of professorial rank shall have had not less than two years of graduate study in a recognized institution, or shall possess equivalent training. All heads of department shall have had training equivalent to that presupposed by the degree of doctor of philosophy.

(5) A satisfactory faculty-student ratio shall be maintained in all classes and departments.

(6) Salaries of members of the teaching staff shall be adequate. The minimum shall depend upon the local cost of living as well as upon other

factors. (e) Course of study.

(1) The course of study shall cover four years of satisfactory standard. (2) The minimum requirements for each year shall be 32 weeks of 15 periods a week of actual work.

(3) The courses offered shall provide both for breadth of study and for satisfactory concentration, and shall have a justifiable relation to the resources of the institution.

(f) Admission.-A college shall require for admission the successful completion of an approved secondary school course or the equivalent. The secondary school course of the individual student shall be definitely correlated with the course of study he undertakes in the college. (Subdivision 2, paragraph f as amended June 28, 1957] (g) Graduation.

(1) A college shall require candidates for graduation to have completed a four-year course of study of not less than 120 semester hours, or the equivalent.

(2) At least one year shall be spent in residence at the institution granting the degree. (h) Preparatory school.- If a preparatory school is maintained under the same administration as the college, the following conditions shall be met:

(1) A separate instructional staff shall be provided for such preparatory school.

(2) No member of the instructional staff of the college shall do any teaching in the preparatory school, and no member of the instructional staff of the preparatory school shall do any teaching in the college.

(3) The work and other activities of the college and of the preparatory school shall be separated in all other ways as far as practicable.

(i) Summer sessions.-If a college maintains a summer session, the following conditions shall be met:

(1) A majority of the teaching staff shall be drawn from the regular faculty, and the majority of the whole staff shall be of professorial rank. Their training and experience shall be the full equivalent of the training and experience required of the regular faculty.

(2) No member of the teaching staff shall carry a heavier program than he carries during the regular college year.

(3) A satisfactory faculty-student ratio shall be maintained in all classes and departments.

(4) Students shall not be permitted to earn more than six semester hours in a summer session of six weeks, except in special cases.

(5) Courses of study and final examinations shall be of the same standard as those maintained in the regular sessions. (j) Extension courses.

(1) Approval of general policies. The general policies of an institution in conducting extension courses shall be approved by the State Education Department. Such approval of policies may include courses being offered for extension credit that utilize teaching by television.

(2) Quality of instruction: All courses carrying credit, wherever offered, shall meet the standards of the institution by which they are offered.

(3) Approval of courses: All courses shall be approved by the head of the department directly concerned or by such authority as is provided by the rules of the institution.

(4) Credit: A credit hour in any course shall be defined as 15 hours of regular class participation, each credit hour of which shall extend over a period of at least 50 minutes. No class period shall extend beyond 100 minutes. No institution shall grant credit for courses outside of the fields in which it is regularly recognized. Extension courses shall not be counted for residence credit.

(5) Facilities: Adequate staff, library, laboratories and equipment shall be provided for the conduct of all courses.

(6) Qualifications of instructors: Instructors shall be limited to their field of specialization. Instructors employed on a part-time basis shall not be permitted to offer courses enrolling individuals who are under their administrative or supervisory jurisdiction.

(7) Salaries os instructors: Salaries of instructors shall not be contingent

upon the number of students registered. $ 16. REGISTRATION OF CURRICULUMS IN OPTOMETRY

1. A college or university offering courses in optometry shall have adequate equipment and resources, including suitable clinical facilities, and shall maintain an adequate professional library.

2. It shall provide a sufficient number of part-time salaried instructors with satisfactory professional training.

3. It shall maintain a satisfactory course for four years. Each year shall be at least eight months duration.

4. It shall require for admission the completion of an approved four-year secondary school course of study, or the equivalent. $ 23. APPLICATION FOR ADMISSION TO PROFESSIONAL STUDY

1. An applicant for admission to a professional school in this State shall satisfy the preliminary education requirement prescribed by statute or by these regulations.

2. An applicant for admission to a professional licensing examination shall submit evidence that he satisfied the preliminary education requirements before beginning his professional study and with such professional study, including experience, satisfied the requirement prescribed by statute or by these regulations.

3. (a) An applicant for the indorsement of a license shall submit evidence that he satisfied the preliminary education requirement before beginning his professional study, that such professional study including experience, satisfied the requirements prescribed by statute or by these regulations and that the license is the original authority of practice and not an indorsement. The fee for indorsement shall be the same as the fee for license on examination.

(b) An applicant for admission to a professionai school in this State or for admission to a licensing examination or for the indorsement of a license, whose application is based upon credit granted for the completion of courses of study in a country where English is not the language spoken, shall demonstrate his pro

ficiency in English by passing an examination in English given by the Department, or by submitting evidence of completion of a satisfactory course of study in English or in such other manner as the Commissioner shall determine.

(c) An applicant for admission to professional practice, who is not a citizen of the United States, shall submit, in such form and manner as the Commissioner shall determine, satisfactory evidence that he has fully complied with all Federal and New York State statutes relative to the registration of aliens. No credential for admission to professional study or practice, no credit toward professional study or practice, and no admission to any examination shall be granted said applicant' until evidence of such compliance has been accepted. Evidence of such compliance shall likewise be required of every applicant who has applied prior to the enactment of this regulation before further credit or any credential is granted him.

§ 24. REGISTRATION OF CURRICULMS IN OPHTHALMIC DISPENSING

1. A school of ophthalmic dispensing shall have adequate equipment and resources including suitable clinical facilities, and shall maintain an adequate professional library.

2. It shall provide a sufficient number of fulltime salaried instructors with satisfactory professional training.

3. It shall maintain a satisfactory course of instruction covering at least 48 weeks.

4. It shall require for admission the completion of an approved four-year secondary school course of study or the equivalent.

$ 25. ÅDMINISTRATION OF PROFESSIONAL EXAMINATIONS

1. Filing of applications.- Notwithstanding the provisions of the following sections relating to the filing of applications for admission to professional examinations, any person who has been admitted to an examination and seeks readmission to a subsequent examination or part thereof in the same profession, shall file an application for admission to said professional licensing examination not less than fifteen days before the examination. The Assistant Commissioner for Professional Education may, in his discretion, waive the requirements of both the aforegoing sentence and the following sections of these regulations relating to the time requirement for filing applications for admission to the professional licensing examinations upon proof being submitted that the person making application has been duly registered for military service under the Selective Service Act and has been notified to appear for induction into said military service, or upon the submission of sufficient evidence that the delay in applying for admission to a licensing examination was in no way due to the fault of the applicant, and provided the acceptance of such an application will not cause major alteration in the examination structure and procedures. [Subdivision 1 as amended March 26, 1954, and April 22, 1955)

2. Identification. For the purpose of identification the applicant shall present at the examination center a photograph as prescribed on the admission card.

ARTICLE VIII. OPTOMETRY $ 70. DEFINITIONS

1. Unprofessional conduct, fraud and deceit.--- Unprofessional conduct, fraud, deceit or misrepresentation in the practice of optometry under sections 7108 and 7111 of the Education Law shall include but shall not be limited to the following:

(a) The use by any optometrist authorized to practice under the Education Law of New York State of the title “doctor” or any abbreviation thereof without the qualification optometrist”

(6) The loan of his license or certificate by a licensed optometrist to any other person

(c) The employment, either directly or indirectly, of any unlicensed person in the performance of any services for which an optometrist's license is required by law

(d) Any conduct or advertising of a character tending to deceive or mislead the public

(e) Advertising professional superiority or the performance of professional services in a superior manner

(f) Advertising of any character which includes or contains any price whatsoever or any reference thereto, or any reference to cost whether related to the examination or to the cost of price of lenses, glasses, frames, mountings or any other optometric services, article or device necessary for the patient

(g) Advertising by means of large display, glaring, illuminated or flickering signs or by means of any sign containing as a part thereof the representation of the human eye or any portion of the human head or the representation of spectacles, eyeglasses, frames or mountings. A large display sign shall mean a sign containing letters exceeding six inches in height on the first or ground floor and eight inches in height on the second floor or above and exceeding one foot by three feet overall. The use by an optometrist of more than five signs shall also be deemed a large display. An illuminated sign shall mean a sign lighted or selfluminous by any means whatever, or giving the outward appearance of same. Nothing herein contained shall be deemed to prevent the illumination of a sign setting forth the name of the practitioner and the word "optometrist” provided that the illumination is not colored and such sign does not otherwise conflict with this regulation. [Paragraph g amended January 25, 1957)

(h) Offering for free examination or other gratuitous services, bonuses, premiums, discounts or any other inducements.

(2) Aiding or abetting, either directly or indirectly, in the conduct of advertising of any employer, firm or associate if such conduct or advertising conflicts with the foregoing regulations; or continuing the practice of optometry with any such employer, firm, or associate after the optometrist has received written notice from the Board of Examiners or from the Department of such conduct or advertising by the employer, firm, or associate.

$ 71. PROFESSIONAL STUDY

1. The applicant shall meet the requirements of the Education Law, particularly section 7105. The requirement in professional study is graduation from a school of optometry conducted as a department of a university registered by the Board of Regents with either the degree of bachelor of arts or that of bachelor of science and a certificate of graduation in optometry.

$ 72. LICENSING EXAMINATIONS 1. General reguirements

(a) Application.-An application for admission to a licensing examination shall be filed with the Department as hereinafter prescribed.

If the Department finds that the application is complete and that all the requirements of the statute and of these regulations have been met, it shall issue to the applicant an admission card which shall advise him of the time, date and place of the examination and shall admit him thereto. At the conclusion of the examination he shall return the admission card to the Department representative conducting the examination.

(b) Conduct of examinations. The licensing examinations in optometry shall be both written and practical. Licensing examinations shall be conducted in accordance with the following rules and any candidate violating such rules may be dismissed from the examination room by the Department representative or otherwise disciplined.

(1) No candidate shall enter the examination more than 45 minutes after the question papers have been distributed nor shall any candidate leave the examination until 45 minutes have elapsed.

(2) During the examination no candidate shall communicate with any other candidate in any way except upon the express permission of the Department representative.

(3) A candidate shall not bring books or help of any kind into the examination room unless directed to do so by the Department because of the character of the examination.

(4) After handing in his last paper in any examination each candidate shall make and subscribe to an affidavit to the effect that he has violated none

of the rules. (c) Rating and report. -- Upon the conclusion of each written examination the papers shall be sent to the proper examiner, who shall rate them immediately. Upon the conclusion of the rating he shall prepare a duplicate report thereon.

(1) Upon the conclusion of each practical examination the examiner in charge shall prepare a duplicate report thereon.

(2) For both the written and the practical examinations the examiner shall file one copy of the report with the secretary of his board and the other copy with the Department.

(3) The secretary of the board shall thereupon prepare his report, which shall be a compilation of the reports from each examiner on both the written and the practical examinations, and shall file the report promptly with the Department. The rating of the examination shall not be complete until the report of the secretary has been filed.

(4) The Department shall then notify cach candidate of his success or failure and advise him, if he had failed, when and on what basis he may be reexamined.

(d) Passing mark.-—The passing mark in the written examination shall be an average of 75 percent. However, in order to determine this average, no paper shall be accepted with a grade less than 65 percent and only one paper with a grade less than 75 percent. The practical examination shall be rated as either "satisfactory” or “unsatisfactory.” 2. Special requirements

(a) The examination shall be held twice each year, at times and places to be determined by the Commissioner. Applications shall be filed with the Department not less than 30 days before the examination. The written subjects of the examination shall be:

Group 1. Geometric and physical optics, anatomy and physiology, pathology.

Group 2. Optometric dispensing, physiologic optics, general practice of optometry, special practice of optometry. (b)(1) A candidate who fails in more than one subject in either group shall be reexamined in the entire group.

(2) A candidate may be conditioned in one subject of each group and may remove these conditions at any other subsequent examination.

(c) A practical examination shall also be given. The subjects of the practical examination shall be:

Practical optometry

Practical optometric dispensing (d) Each application must be verified by oath. It must show in a manner satisfactory to the Department that the applicant is

(1) More than 21 years of age, except that the subjects of Group 1 of the written examination may be taken by candidates 19 years of age who have completed the first two years of a curriculum in optometry registered by the Department.

(2) Has completed the preliminary education requirement above prescribed (3) Has completed the professional education requirement $ 73. ENDORSEMENT OF CERTIFICATE

1. In order to have his optometry certificate from another State or country endorsed the applicant must submit satisfactory evidence on blanks furnished by the Department that he has

(a) Met the New York State preliminary and professional requirements ?

(6) Been granted his certificate in such other State or country after passing an examination conducted by a regularly constituted board of examiners

(c) Been engaged in the practice of optometry for the five years immediately next preceding his application

(d) No certificate will be endorsed in this manner except upon the recommendations of the Board of Optometry Examiners of this State and each applicant for such endorsement must file two unmounted photographs of himself with his application.

(Subdivision 1 amended October 28, 1955)

ARTICLE VIII-A. OPHTHALMIC DISPENSING $ 76. OPHTHALMIC DISPENSING

i. Unprofessional conduct, fraud and deceit.-Unprofessional conduct, fraud, decit or misrepresentation in the practice of ophthalmic dispensing shall include but shall not be limited to the following:

(a) The use of the title "doctor” or any abbreviation thereof by an "ophthalmic dispenser," except by a person duly licensed to practice medicine in this State or by a person who holds an approved degree of doctor of optometry when followed by the qualification “optometrist"

(b) Any conduct or advertising of a character tending to deceive or mislead the public

(c) Advertising of any character which includes or contains any price whatsoever or any reference thereto, or any reference to cost, whether related to service or material, and notwithstanding the same may be neither fraudulent nor deceitful, shall be and is unprofessional conduct in the practice of ophthalmic dispensing;

(d) Advertising gratuitous services, bonuses, premiums, discounts or any other inducements

(e) Aiding or abetting, either directly or indirectly, in the conduct of advertising of any employer, firm or associate if such conduct or advertising conflicts with the

2 See section 7105 of the Education Law of 1947.

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