Georgia Code|§ 43-30-8. Biennial Registration; Educational Programs for Optometrists; Forfeiture of Certificate Upon Failure to Comply; Reinstatement of Certificate

                                                
 
 Each person practicing optometry shall register biennially with the division director by completing and filing a form to be furnished by the board. 
 
 The board may approve educational programs to be held within or outside this state. The board shall approve only such educational programs as are available to all persons practicing optometry in the state on a reasonable nondiscriminatory fee basis. Any request for board approval of an educational program shall be submitted in a timely manner with due regard for the necessity of investigation and consideration by the board. The board may contract with institutions of higher learning, professional organizations, or qualified individuals for the providing of programs that meet this requirement; and such programs shall be self-sustaining by the individual fees set and collected by the provider of the program. The minimum number of hours of continuing education required shall be fixed by the board by February 1 of each calendar year. In no instance may the board require a greater number of hours of study than are available at approved courses held within the state; and the board is authorized to waive this requirement in cases of certified illness or undue hardship. 
 
 Failure to register, to pay the registration fee, or to submit satisfactory proof of training shall forfeit the certificate of the delinquent optometrist; but a practitioner's certificate may be restored upon payment of all delinquent registration fees, a penalty as established by the board, and the submission of satisfactory proof of training. 
 
 
 (Ga. L. 1933, p. 202, § 1; Code 1933, § 84-1109; Ga. L. 1956, p. 691, § 7; Ga. L. 1960, p. 961, § 2; Ga. L. 1971, p. 234, § 1; Ga. L. 1976, p. 185, § 2; Ga. L. 1988, p. 34, § 2; Ga. L. 2000, p. 1706, § 19; Ga. L. 2013, p. 639, § 2/HB 235.) 
  OPINIONS OF THE ATTORNEY GENERAL  
  Statute applied only to persons actively engaged in practice of optometry.  1945-47 Op. Att'y Gen. p. 496. 
  "Practice of optometry" defined.  
 - Practice of optometry refers to frequent or habitual exercising of calling by one who habitually holds self out to public as being a practicing optometrist. 1945-47 Op. Att'y Gen. p. 496. 
 
  Phrase "practice of optometry" is distinguishable from that of "licensed to practice optometry."  1945-47 Op. Att'y Gen. p. 496. 
 
  What actually constitutes "practice of optometry" is a matter of fact in each situation.  1945-47 Op. Att'y Gen. p. 496. 
  One allowing license to lapse not entitled to automatic reinstatement.  
 - Persons who for some years have not practiced or who are not presently practicing optometry and who have not maintained payment of required registration fees, thus forfeiting their certificates to practice, are not entitled to reinstatement as a matter of right by tendering all past due registration fees plus prescribed penalty. It is within the discretion of the board to promulgate reasonable rules and regulations concerning reissuing licenses to such persons. 1945-47 Op. Att'y Gen. p. 496. 
  Loss of privilege by nonuse.  
 - One who is or has been licensed to practice optometry, but who nevertheless is not now engaged in the practice, or who for a period of years has been licensed but has not practiced, is excluded from privilege of annually (now biennially) registering and paying proper fee, or in case of delinquency, from securing a license to practice by paying back fees plus penalty prescribed. 1945-47 Op. Att'y Gen. p. 496. 
  Board may require proof of practice at time of application.  
 - It is within the discretion of the board to require proof by the applicant that the applicant is actually in practice at time of tendering an application or that the applicant has been in active practice within a reasonable time prior thereto. 1945-47 Op. Att'y Gen. p. 496.