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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 113602
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I had a question regarding the Florida Optometry Board rule

Customer Question

Hello,
I had a question regarding the Florida Optometry Board rule of having to pass the NBEO within 7 years. Being licensed in another state for 8 years does not count even though I have completed double the amount of Continuing Education that is necessary for Florida. How is this not considered anti-trust when Optometrist currently licensed in Florida are not required to take the test every 7 years. The state board attorney even questioned the Rule saying it could be subject to Anti -trust. The ruling North Carolina was mentioned that state board can be liable for anit-trust. Can this be considered anti-trust since the reasoning behind this is for people not to retire in Florida and practice part time and effect the wages of the existing Optometrist. Thanks
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, the state of FL is very protective of their territory and licensing issues. It is possible for the state to be liable for anti-trust issues for not allowing people to come to the state to be licensed. If someone has been practicing for 8 years and they are seeking to make them pass the NBEO within 7 years without giving them credit at least for the fact they have been practicing and let them take the test then, it is likely grounds for suit against the state because they are prohibiting qualified optometrists from obtaining licensing and thus stopping competition.