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S1018.................................................by HEALTH AND WELFARE
OPTOMETRY - LICENSE - Amends existing law relating to licensure to practice
optometry to authorize an increase in the fee for licensure and to clarify
authority to govern licensure by endorsement for those persons licensed in
other states.
01/21 Senate intro - 1st rdg - to printing
01/22 Rpt prt - to Health/Wel
02/10 Rpt out - rec d/p - to 2nd rdg
02/11 2nd rdg - to 3rd rdg
02/15 3rd rdg - PASSED - 24-3-8
AYES--Andreason, Boatright, Bunderson, Burtenshaw, Crow, Darrington,
Davis, Deide, Dunklin, Geddes, Keough, Lee, McLaughlin, Noh,
Richardson, Risch, Sandy, Schroeder, Sorensen, Stegner, Thorne,
Twiggs, Wheeler, Whitworth
NAYS--Cameron, Frasure, Hawkins
Absent and excused--Branch, Danielson, Ingram, Ipsen, King, Parry,
Riggs, Stennett
Floor Sponsor - Crow
Title apvd - to House
02/16 House intro - 1st rdg - to Health/Wel
03/09 Rpt out - rec d/p - to 2nd rdg
03/10 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 58-8-4
AYES -- Barraclough, Bell, Bieter, Black, Boe, Bruneel, Callister,
Campbell, Chase, Clark, Crow, Cuddy, Deal, Denney, Ellsworth,
Field(13), Field(20), Gagner, Gould, Hadley, Hammond, Hansen(23),
Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton,
Kendell, Kunz, Lake, Limbaugh, Loertscher, Mader, Marley, Montgomery,
Mortensen, Moyle, Pischner, Pomeroy, Reynolds, Ridinger, Ringo,
Robison, Smith, Smylie, Stevenson, Stone, Tilman, Tippets, Trail,
Watson, Wheeler, Williams, Zimmermann, Mr Speaker
NAYS -- Barrett, Geddes, McKague, Sali, Schaefer, Stoicheff, Taylor,
Wood
Absent and excused -- Alltus, Linford, Meyer(Duncan), Sellman
Floor Sponsor - Boe
Title apvd - to Senate
03/17 To enrol - rpt enrol - Pres signed
03/18 Sp signed
03/19 To Governor
03/23 Governor signed
Session Law Chapter 151
Effective: 07/01/99
S1018|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1018 BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO THE STATE BOARD OF OPTOMETRY; AMENDING SECTION 54-1506, IDAHO 3 CODE, TO AUTHORIZE AN INCREASE IN THE FEE FOR LICENSE RENEWAL AND TO 4 STRIKE OBSOLETE LANGUAGE; AND AMENDING SECTION 54-1509, IDAHO CODE, TO 5 CLARIFY AUTHORITY OF THE BOARD TO GOVERN LICENSURE BY ENDORSEMENT TO PER- 6 SONS LICENSED IN ANOTHER STATE AND TO MAKE TECHNICAL CORRECTIONS. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 54-1506, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 54-1506. STATE BOARD OF OPTOMETRY FUND -- CREATION. (1) All fees of any 11 kind collected under the provisions of this act and all fees collected from 12 optometrists in or out of the state of Idaho by law, except those fees 13 required by subsection (2) of this section and section 54-1523, Idaho Code, 14 shall be deposited in the state treasury to the credit of a separate fund to 15 be known as the state board of optometry fund and all such moneys deposited 16 into such fund are hereby appropriated to carrying out the purpose and objects 17 of this act and to pay salaries, fees, costs and expenses incurred in connec- 18 tion with the purpose and objects of this act.The funds collected shall19be immediately available in the fiscal year 1972-1973 of the 1971-1973 bien-20nium, the provisions of the budget law notwithstanding.The funds col- 21 lected shall remain perpetually in the state board of optometry fund from one 22 biennium to the next. The moneys and funds in the state board of optometry 23 fund shall be paid out upon warrants drawn by the state controller upon pre- 24 sentation of proper vouchers approved by the state board of optometry or its 25 executive secretary acting within his delegated authority. Moneys paid from 26 this fund are expressly exempted from the provisions of sections 67-2007 and 27 67-2008, Idaho Code (Standard Travel Pay and Allowance Act of 1949). 28 (2) The annual fee for renewal of a license shall be established by board 29 rule, not to exceedseventy-fiveone hundred dollars 30 ($75.1 00), which shall be paid to the bureau of 31 occupational licenses, and to pay salaries, fees, costs and expenses incurred 32 in connection with the purposes and objects of this act. 33 SECTION 2. That Section 54-1509, Idaho Code, be, and the same is hereby 34 amended to read as follows: 35 54-1509. STATE BOARD OF OPTOMETRY -- POWERS AND DUTIES. In order to pro- 36 tect the public in the practice of optometry, better enable members of the 37 public to fix professional responsibility and further safeguard the doctor- 38 patient relationship, the state board of optometry shall have the following 39 powers and duties: 40 1. To make and prescribe rulesand regulationsfor a fair 41 and wholly impartial method of examination of candidates to practice optome- 2 1 try. 2 2. To make and prescribe rulesand regulationsdefining for 3 the optometrists what shall constitute a school, college or university or 4 department of a university or other institution reputable and in good standing 5 and to determine the reputability and good standing of a school, college or 6 university or department of a university or other institution by reference to 7 a compliance with such rules .and regulations.8 3. To make and prescribe rules to establish a standard of preliminary 9 education deemed requisite to admission to a school, college or university and 10 to require satisfactory proof of the enforcement of such standards by schools, 11 colleges and universities. 12 4. To make and prescribe rules governing the relicensing of persons 13 applying for a license to practice optometry in the state of Idaho after a 14 failure to maintain a license for a period in excess of five (5) years. 15 5. Topass upon the qualifications and fitness of applicants for16reciprocal licenses to practice optometry in Idaho and to make and prescribe17rules governing the granting of reciprocalestablish by rule the 18 qualifications necessary to grant a licensesto practice 19 optometry in Idaho by endorsement to persons licensed in other 20 states. 21 6. To conduct examinations to ascertain the qualifications and fitness of 22 applicants to practice optometry. 23 7. To make and prescribe rules governing the minimum amount and kind of 24 continuing education in optometry to be required annually of each optometrist 25 seeking relicense to practice optometry in the state of Idaho. 26 8. To make, prescribe and promulgate rulesand regulations27 prescribing a code of ethics and standards of professional conduct in practice 28 for the purpose of regulating and governing the practice of optometry by 29 licensed optometrists within the state of Idaho and to change and modify its 30 rulesand regulationsor prescribe new rulesand regula-31tionsin order to improve the practice of optometry for the benefit of 32 the people of the state of Idaho. 33 9. To make, prescribe and promulgate rules governing the listing and 34 identification of charges for materials and for professional services provided 35 to members of the public by persons licensed to practice optometry in Idaho. 36 10. To make, prescribe and promulgate rulesand regulations37 regarding the establishment of "branch offices" in the state of Idaho by per- 38 sons licensed to practice optometry. 39 11. To make, prescribe and promulgate rulesand regulations40 regarding advertising by optometrists licensed to practice in Idaho. 41 12. To make, prescribe and promulgate rules defining "gross incompetence" 42 as grounds for suspension or revocation of an optometrist's license as pro- 43 vided in section 54-1510, Idaho Code. 44 13. To make, prescribe and promulgate rulesand regulations45 governing the verification by an optometrist of the accuracy in compounding 46 and the quality of the workmanship and materials used by any person, firm or 47 corporation in the course of filling or compounding the optometrist's pre- 48 scriptions for vision aids of any type prior to delivery by the optometrist. 49 14. To make, prescribe and promulgate rules governing the issuance and 50 release of prescriptions or copies of prescriptions by optometrists out of the 51 office of the optometrist. 52 15. To make, prescribe and promulgate rules governing the type and kind of 53 records to be kept by each optometrist pertaining to all patients examined or 54 for whom he has adapted optical accessories. 55 16. To make, prescribe and promulgate such other rulesand regula-3 1tionsrequired by this act or necessary or desirable for its enforce- 2 ment and administration. 3 17. The state board of optometry shall have the power to administer oaths, 4 take depositions of witnesses in and out of the state of Idaho in the manner 5 of civil cases, require the attendance of such witnesses and the production of 6 such books, records and papers as it may desire at any hearing before it or 7 deposition authorized by it, pertaining in any manner to any matters of which 8 it has authority to investigate and for that purpose the board may issue a 9 subpoena for any witness or a subpoena duces tecum to compel the production of 10 any books, records or papers directed to the sheriff of any county of the 11 state of Idaho, where such witness resides, or may be found, which shall be 12 served and returned in the same manner as a subpoena in a civil case is 13 returned. The fees and mileage of the witnesses shall be the same as that 14 allowed in the district courts in civil cases. In any case of disobedience to, 15 or neglect of, any subpoena or subpoena duces tecum served upon any person, or 16 the refusal of any witness to testify to any matter regarding which he may 17 lawfully be interrogated, it shall be the duty of the district court, or any 18 judge thereof, of any county in this state in which the proceeding is held 19 upon application of the board, to compel obedience in proceedings for contempt 20 as in the case of disobedience of the requirements of any subpoena issued from 21 such court or for refusal to testify therein. The licensed person accused in 22 such proceeding shall have the same right of subpoena upon making application 23 to the board as set out in this act. 24 18. The state board of optometry shall have the power to hire attorneys, 25 investigators, hearing officers or other employees for carrying out the pur- 26 pose of this act or to promote the interests of the profession of optometry in 27 Idaho from funds available in the fund established by this act or from any 28 other available funds. 29 19. To authorize, by written agreement, the bureau of occupational 30 licenses as agent to act in its interest.
STATEMENT OF PURPOSE
RS08456
Amend existing statute to increase the annual renewal fee not
to exceed $100.00 in the bureau of occupational licenses fund;
delete qualifications for licensure by reciprocity: and
establish qualifications for licensure in Idaho by
endorsement.
FISCAL IMPACT
There is no fiscal impact to the General Fund.
It is necessary to increase the annual renewal fee by $25.00
in order to implement the Patient Freedom of Information Act
that will be effective January, 2000.
Anticipated revenue from the $25.00 increase:
310 licensed optometrists X $25.00 = $7,750.00
CONTACT
Name: Carmen Westberg
Agency: Bureau of Occupational 1icenses; Idaho Board of
Optometry
Phone: 334-3233
Statement of Purpose/Fiscal Impact S1018