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H0018...........................................................by MR. SPEAKER
Requested by: Bureau of Occupational Licenses
OPTOMETRISTS - Amends existing law relating to the Board of Optometry to
delete language setting forth the State Board of Optometry Fund; to provide
that fees shall be paid to the Bureau of Occupational Licenses; and to
increase the maximum amount for annual license renewal fees.
01/06 House intro - 1st rdg - to printing
Rpt prt - Health/Wel
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 18 BY MR. SPEAKER Requested by: Bureau of Occupational Licenses 1 AN ACT 2 RELATING TO THE BOARD OF OPTOMETRY; AMENDING SECTION 54-1506, IDAHO CODE, TO 3 PROVIDE DESCRIPTIVE LANGUAGE, TO DELETE LANGUAGE SETTING FORTH THE STATE 4 BOARD OF OPTOMETRY FUND AND THE ADMINISTRATION THEREOF, TO PROVIDE THAT 5 FEES SHALL BE PAID TO THE BUREAU OF OCCUPATIONAL LICENSES AND DEPOSITED IN 6 THE STATE TREASURY AND TO PROVIDE THAT ALL COSTS AND EXPENSES INCURRED 7 PURSUANT TO THE CHAPTER SHALL BE A CHARGE AGAINST THE FUND, TO INCREASE 8 THE MAXIMUM AMOUNT FOR ANNUAL LICENSE RENEWAL FEES AND TO PROVIDE CORRECT 9 TERMINOLOGY; AMENDING SECTION 54-1507, IDAHO CODE, TO PROVIDE DESCRIPTIVE 10 LANGUAGE, TO REMOVE LANGUAGE PROVIDING FOR ADDITIONAL LICENSE FEES AND TO 11 PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 54-1508, IDAHO CODE, TO 12 REMOVE LANGUAGE PROVIDING FOR THE COMPENSATION OF BOARD MEMBERS FROM 13 MONEYS APPROPRIATED FROM FEES AND TO PROVIDE CORRECT TERMINOLOGY; AMENDING 14 SECTION 54-1509, IDAHO CODE, TO REMOVE LANGUAGE PROVIDING FOR THE USE OF 15 FUNDS IN THE STATE BOARD OF OPTOMETRY FUND AND OTHER AVAILABLE FUNDS AND 16 TO PROVIDE CORRECT TERMINOLOGY; AND AMENDING SECTION 54-1523, IDAHO CODE, 17 TO PROVIDE DESCRIPTIVE LANGUAGE AND TO PROVIDE CORRECT TERMINOLOGY. 18 Be It Enacted by the Legislature of the State of Idaho: 19 SECTION 1. That Section 54-1506, Idaho Code, be, and the same is hereby 20 amended to read as follows: 21 54-1506.STATE BOARD OF OPTOMETRY FUND -- CREATIONFEES. (1) All fees of 22 any kind collected under the provisions of thisact and all fees collected23from optometrists in or out of the state of Idaho by law, except those fees24required by subsection (2) of this section and section 54-1523, Idaho Code,25 chapter shall be paid to the bureau of occupational licenses and deposited in 26 the state treasury to the credit ofa separate fund to be known as the state27board of optometry fund and all such moneys deposited into such fund are28hereby appropriated to carrying out the purpose and objects of this act and to29pay salaries, fees,the occupational licenses fund and all costs and expenses 30 incurredin connection with the purpose and objects of this act. The funds31collected shall remain perpetually in the state board of optometry fund from32one biennium to the next. The moneys and funds in the state board of optometry33fund shall be paid out upon warrants drawn by the state controller upon pre-34sentation of proper vouchers approved by the state board of optometry or its35executive secretary acting within his delegated authority. Moneys paid from36this fund are expressly exempted from the provisions of sections 67-2007 and3767-2008, Idaho Code (Standard Travel Pay and Allowance Act of 1949)pursuant 38 to this chapter shall be a charge against and paid from said fund. 39 (2) The annual fee for renewal of a license shall be established by board 40 rule, not to exceed one hundred seventy-five dollars ($10075), which shall be41paid to the bureau of occupational licenses, and to pay salaries, fees, costs42and expenses incurred in connection with the purposes and objects of this act. 2 1 SECTION 2. That Section 54-1507, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 54-1507.ADDITIONAL LICENSE FEESCANCELLATION.In addition to the fees4required by section 54-1506(2), Idaho Code, each person licensed to practice5optometry in the state of Idaho and each person who has been licensed to prac-6tice optometry in the state of Idaho within a period of five (5) years prior7to July 1 of each year following June 30, 1972, shall pay to the treasurer of8the state of Idaho a sum not to exceed seventy-five dollars ($75.00), as9established by board rule, on July 1 of each year.Failure to pay the fees 10 required by thisactchapter shall result in cancellation of the person's 11 license by the board.Upon application for reinstatement, all fees due and not12paid after the effective date of this act must be paid by the person making13such application for reinstatement.14 SECTION 3. That Section 54-1508, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 54-1508. STATE BOARD OF OPTOMETRY -- ORGANIZATION -- MEETINGS -- 17 EXPENSES. The board of optometry shall meet on or before September 15 of each 18 year and select from its members a chairman and a secretary who shall serve at 19 the pleasure of the board. The secretary shall keep the minutes of the meet- 20 ings of the board, maintain the files and records of the board, maintain a 21 roster of all persons licensed as optometrists under thisactchapter and on 22 or before October 1 of each year, forward to the bureau of occupational 23 licenses a certified list of those persons who have paid the fees required by 24 thisactchapter. 25 The board of optometry may meet at stated times and places and shall meet 26 upon the call of its chairman or upon written request of a majority of its 27 members. Three (3) members shall constitute a quorum and a majority of the 28 members present at a meeting at which a quorum is present shall determine the 29 action of the board. Each member of the board shall be notified of any meeting 30 called for any purpose. 31Out of the moneys appropriated to the bureau from fees paid under section3254-1506(2), Idaho Code, or otherwise appropriated from fees paid under section3354-1506(2), Idaho Code, and deposited in the occupational license account34established by section 67-2605, Idaho Code, tThe members of the board of 35 optometry shall be compensated as provided by section 59-509(h), Idaho Code. 36Out of moneys appropriated from fees paid under section 54-1507, Idaho37Code, the members of the board of optometry shall be compensated as provided38by section 59-509(h), Idaho Code, not otherwise paid from moneys appropriated39by the legislature.40 SECTION 4. That Section 54-1509, Idaho Code, be, and the same is hereby 41 amended to read as follows: 42 54-1509. STATE BOARD OF OPTOMETRY -- POWERS AND DUTIES. In order to pro- 43 tect the public in the practice of optometry, better enable members of the 44 public to fix professional responsibility and further safeguard the doctor- 45 patient relationship, the state board of optometry shall have the following 46 powers and duties: 47 1. To make and prescribe rules for a fair and wholly impartial method of 48 examination of candidates to practice optometry. 49 2. To make and prescribe rules defining for the optometrists what shall 50 constitute a school, college or university or department of a university or 3 1 other institution reputable and in good standing and to determine the 2 reputability and good standing of a school, college or university or depart- 3 ment of a university or other institution by reference to a compliance with 4 such rules. 5 3. To make and prescribe rules to establish a standard of preliminary 6 education deemed requisite to admission to a school, college or university and 7 to require satisfactory proof of the enforcement of such standards by schools, 8 colleges and universities. 9 4. To make and prescribe rules governing the relicensing of persons 10 applying for a license to practice optometry in the state of Idaho after a 11 failure to maintain a license for a period in excess of five (5) years. 12 5. To establish by rule the qualifications necessary to grant a license 13 to practice optometry in Idaho by endorsement to persons licensed in other 14 states. 15 6. To conduct examinations to ascertain the qualifications and fitness of 16 applicants to practice optometry. 17 7. To make and prescribe rules governing the minimum amount and kind of 18 continuing education in optometry to be required annually of each optometrist 19 seeking relicense to practice optometry in the state of Idaho. 20 8. To make, prescribe and promulgate rules prescribing a code of ethics 21 and standards of professional conduct in practice for the purpose of regulat- 22 ing and governing the practice of optometry by licensed optometrists within 23 the state of Idaho and to change and modify its rules or prescribe new rules 24 in order to improve the practice of optometry for the benefit of the people of 25 the state of Idaho. 26 9. To make, prescribe and promulgate rules governing the listing and 27 identification of charges for materials and for professional services provided 28 to members of the public by persons licensed to practice optometry in Idaho. 29 10. To make, prescribe and promulgate rules regarding the establishment of 30 "branch offices" in the state of Idaho by persons licensed to practice optome- 31 try. 32 11. To make, prescribe and promulgate rules regarding advertising by 33 optometrists licensed to practice in Idaho. 34 12. To make, prescribe and promulgate rules defining "gross incompetence" 35 as grounds for suspension or revocation of an optometrist's license as pro- 36 vided in section 54-1510, Idaho Code. 37 13. To make, prescribe and promulgate rules governing the verification by 38 an optometrist of the accuracy in compounding and the quality of the 39 workmanship and materials used by any person, firm or corporation in the 40 course of filling or compounding the optometrist's prescriptions for vision 41 aids of any type prior to delivery by the optometrist. 42 14. To make, prescribe and promulgate rules governing the issuance and 43 release of prescriptions or copies of prescriptions by optometrists out of the 44 office of the optometrist. 45 15. To make, prescribe and promulgate rules governing the type and kind of 46 records to be kept by each optometrist pertaining to all patients examined or 47 for whom he has adapted optical accessories. 48 16. To make, prescribe and promulgate such other rules required by this 49actchapter or necessary or desirable for its enforcement and administration. 50 17. The state board of optometry shall have the power to administer oaths, 51 take depositions of witnesses in and out of the state of Idaho in the manner 52 of civil cases, require the attendance of such witnesses and the production of 53 such books, records and papers as it may desire at any hearing before it or 54 deposition authorized by it, pertaining in any manner to any matters of which 55 it has authority to investigate and for that purpose the board may issue a 4 1 subpoena for any witness or a subpoena duces tecum to compel the production of 2 any books, records or papers directed to the sheriff of any county of the 3 state of Idaho, where such witness resides, or may be found, which shall be 4 served and returned in the same manner as a subpoena in a civil case is 5 returned. The fees and mileage of the witnesses shall be the same as that 6 allowed in the district courts in civil cases. In any case of disobedience to, 7 or neglect of, any subpoena or subpoena duces tecum served upon any person, or 8 the refusal of any witness to testify to any matter regarding which he may 9 lawfully be interrogated, it shall be the duty of the district court, or any 10 judge thereof, of any county in this state in which the proceeding is held 11 upon application of the board, to compel obedience in proceedings for contempt 12 as in the case of disobedience of the requirements of any subpoena issued from 13 such court or for refusal to testify therein. The licensed person accused in 14 such proceeding shall have the same right of subpoena upon making application 15 to the board as set out in thisactchapter. 16 18. The state board of optometry shall have the power to hire attorneys, 17 investigators, hearing officers or other employees for carrying out the pur- 18 pose of thisactchapter or to promote the interests of the profession of 19 optometry in Idaho.from funds available in the fund established by this act20or from any other available funds.21 19. To authorize, by written agreement, the bureau of occupational 22 licenses as agent to act in its interest. 23 SECTION 5. That Section 54-1523, Idaho Code, be, and the same is hereby 24 amended to read as follows: 25 54-1523. EXAMINATION FEES. Each applicant for examination or reexamina- 26 tion after failure in a former examination shall remit a fee as established by 27 boardregulationrule not to exceed two hundred fifty dollars ($250) with each 28 application to the board.
STATEMENT OF PURPOSE
RS 12372
54-1506 1. striking language creating a State board of optometry
fund and adding language that will provide for financial
transactions to be processed through the bureau of occupational
licenses fund.
54-1506 2. striking obsolete language and consolidating the fee cap
from the optometry fund and the bureau fund to create one cap.
54-1507 striking unnecessary language.
54-1508 striking unnecessary language.
54-1509.19 striking unnecessary language.
FISCAL IMPACT
The State Board of Optometry will realize a cost saving of
approximately $8,000 to $10,000 per year with the closing of this
special account. These costs are incurred through accounting
processes that include maintaining a separate account as well as
transferring of funds from this special account to the Bureau of
Occupational Licenses account for disbursements.
CONTACT
Name: Rayola Jacobsen
Agency: Occupational License, Bureau
Phone: 334-3233
Statement of Purpose/Fiscal Impact H18