1999 Legislation
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SENATE BILL NO. 1018 – Optometry license, fee

SENATE BILL NO. 1018

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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

Bill Text


S1018


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                                      IN 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 shall
19    be immediately available in the fiscal year 1972-1973 of the  1971-1973  bien-
20    nium,  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 exceed  seventy-five   one 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 rules  and regulations  for a fair
41    and wholly impartial method of examination of candidates to  practice  optome-


                                          2

 1    try.
 2        2.  To  make and prescribe rules  and regulations  defining 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.  To  pass upon the qualifications and fitness  of  applicants  for
16    reciprocal  licenses  to practice optometry in Idaho and to make and prescribe
17    rules governing the granting of reciprocal   establish by rule  the
18    qualifications  necessary  to grant a  license s  to 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 rules  and regulations 
27    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    rules  and regulations  or prescribe new rules    and  regula-
31    tions   in 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 rules  and regulations 
37    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 rules  and regulations 
40    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 rules  and  regulations  
45    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 rules   and  regula-


                                          3

 1    tions    required 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 / Fiscal Impact


                       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