2005 Idaho Code - 54-1509 — STATE BOARD OF OPTOMETRY -- POWERS AND DUTIES

                                  TITLE  54
                    PROFESSIONS, VOCATIONS, AND BUSINESSES
                                  CHAPTER 15
                                 OPTOMETRISTS
    54-1509.  STATE BOARD OF OPTOMETRY -- POWERS AND DUTIES. In order to
protect the public in the practice of optometry, better enable members of the
public to fix professional responsibility and further safeguard the
doctor-patient relationship, the state board of optometry shall have the
following powers and duties:
    1.  To make and prescribe rules for a fair and wholly impartial method of
examination of candidates to practice optometry.
    2.  To make and prescribe rules defining for the optometrists what shall
constitute a school, college or university or department of a university or
other institution reputable and in good standing and to determine the
reputability and good standing of a school, college or university or
department of a university or other institution by reference to a compliance
with such rules.
    3.  To make and prescribe rules to establish a standard of preliminary
education deemed requisite to admission to a school, college or university and
to require satisfactory proof of the enforcement of such standards by schools,
colleges and universities.
    4.  To make and prescribe rules governing the relicensing of persons
applying for a license to practice optometry in the state of Idaho after a
failure to maintain a license for a period in excess of five (5) years.
    5.  To establish by rule the qualifications necessary to grant a license
to practice optometry in Idaho by endorsement to persons licensed in other
states.
    6.  To conduct examinations to ascertain the qualifications and fitness of
applicants to practice optometry.
    7.  To make and prescribe rules governing the minimum amount and kind of
continuing education in optometry to be required annually of each optometrist
seeking relicense to practice optometry in the state of Idaho.
    8.  To make, prescribe and promulgate rules prescribing a code of ethics
and standards of professional conduct in practice for the purpose of
regulating and governing the practice of optometry by licensed optometrists
within the state of Idaho and to change and modify its rules or prescribe new
rules in order to improve the practice of optometry for the benefit of the
people of the state of Idaho.
    9.  To make, prescribe and promulgate rules governing the listing and
identification of charges for materials and for professional services provided
to members of the public by persons licensed to practice optometry in Idaho.
    10. To make, prescribe and promulgate rules regarding the establishment of
"branch offices" in the state of Idaho by persons licensed to practice
optometry.
    11. To make, prescribe and promulgate rules regarding advertising by
optometrists licensed to practice in Idaho.
    12. To make, prescribe and promulgate rules defining "gross incompetence"
as grounds for suspension or revocation of an optometrist's license as
provided in section 54-1510, Idaho Code.
    13. To make, prescribe and promulgate rules governing the verification by
an optometrist of the accuracy in compounding and the quality of the
workmanship and materials used by any person, firm or corporation in the
course of filling or compounding the optometrist's prescriptions for vision
aids of any type prior to delivery by the optometrist.
    14. To make, prescribe and promulgate rules governing the issuance and
release of prescriptions or copies of prescriptions by optometrists out of the
office of the optometrist.
    15. To make, prescribe and promulgate rules governing the type and kind of
records to be kept by each optometrist pertaining to all patients examined or
for whom he has adapted optical accessories.
    16. To make, prescribe and promulgate such other rules required by this
act or necessary or desirable for its enforcement and administration.
    17. The state board of optometry shall have the power to administer oaths,
take depositions of witnesses in and out of the state of Idaho in the manner
of civil cases, require the attendance of such witnesses and the production of
such books, records and papers as it may desire at any hearing before it or
deposition authorized by it, pertaining in any manner to any matters of which
it has authority to investigate and for that purpose the board may issue a
subpoena for any witness or a subpoena duces tecum to compel the production of
any books, records or papers directed to the sheriff of any county of the
state of Idaho, where such witness resides, or may be found, which shall be
served and returned in the same manner as a subpoena in a civil case is
returned. The fees and mileage of the witnesses shall be the same as that
allowed in the district courts in civil cases. In any case of disobedience to,
or neglect of, any subpoena or subpoena duces tecum served upon any person, or
the refusal of any witness to testify to any matter regarding which he may
lawfully be interrogated, it shall be the duty of the district court, or any
judge thereof, of any county in this state in which the proceeding is held
upon application of the board, to compel obedience in proceedings for contempt
as in the case of disobedience of the requirements of any subpoena issued from
such court or for refusal to testify therein. The licensed person accused in
such proceeding shall have the same right of subpoena upon making application
to the board as set out in this act.
    18. The state board of optometry shall have the power to hire attorneys,
investigators, hearing officers or other employees for carrying out the
purpose of this act or to promote the interests of the profession of optometry
in Idaho from funds available in the fund established by this act or from any
other available funds.
    19. To authorize, by written agreement, the bureau of occupational
licenses as agent to act in its interest.