§ 7105. Exempt persons. Nothing in this article shall be construed to
affect or prevent:

a. A student actively enrolled in a school of optometry with
accreditation acceptable to the department from engaging in clinical
practice under the supervision of a licensed and currently registered
optometrist or physician; or

b. A person licensed to practice optometry from using a degree
conferred in course after resident study by an educational institution
lawfully authorized by the state in which it is located to confer such a
degree.

c. An optometrist licensed in another state or country who is employed
on a full-time basis by a registered school of optometry as a faculty
member with the rank of assistant professor or higher from conducting
research and clinical demonstrations as part of such employment, under
the supervision of a licensed optometrist and on the premises of the
school. No fee may be charged for the practice of optometry authorized
by this subdivision.

d. 1. A person in training or appropriately trained and deemed
qualified by the supervising licensed optometrist, to assist a licensed
optometrist in the care of a patient for the purpose of instilling
mydriatic or cycloplegic eye drops and anesthetic eye drops in
conjunction with such dilating drops to the surface of the eye of a
patient, provided that the person instilling such eye drops is:

(i) under the on-site supervision of a supervising licensed
optometrist;

(ii) at least eighteen years of age; and

(iii) complies with standards issued by the department.

2. The supervising licensed optometrist shall submit a form prescribed
by the department, detailing the identity of each person instilling
mydriatic or cycloplegic eye drops and anesthetic eye drops in
conjunction with such dilating drops to the surface of the eye of a
patient, under his or her supervision, attesting to compliance with the
above requirements.

3. The supervising licensed optometrist's use of any such person
pursuant to the terms of this subdivision shall be undertaken with
professional judgment in order to ensure the safety and well-being of
the patient. Such use shall subject the licensed optometrist to the full
disciplinary and regulatory authority of the board of regents and the
department pursuant to this title. The licensed optometrist must notify
the patient or the patient's designated health care surrogate that the
licensed optometrist may utilize the services of an individual to
administer certain eye drops and must provide the patient or the
patient's designated health care surrogate the opportunity to refuse the
licensed optometrist's plan to utilize such person.