Print Friendly HOUSE BILL NO. 18 – Optometry, license fees
HOUSE BILL NO. 18
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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 - 2003
IN 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 -- CREATION FEES. (1) All fees of
22 any kind collected under the provisions of this act and all fees collected
23 from optometrists in or out of the state of Idaho by law, except those fees
24 required 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 of a separate fund to be known as the state
27 board of optometry fund and all such moneys deposited into such fund are
28 hereby appropriated to carrying out the purpose and objects of this act and to
29 pay salaries, fees, the occupational licenses fund and all costs and expenses
30 incurred in connection with the purpose and objects of this act. The funds
31 collected shall remain perpetually in the state board of optometry fund from
32 one biennium to the next. The moneys and funds in the state board of optometry
33 fund shall be paid out upon warrants drawn by the state controller upon pre-
34 sentation of proper vouchers approved by the state board of optometry or its
35 executive secretary acting within his delegated authority. Moneys paid from
36 this fund are expressly exempted from the provisions of sections 67-2007 and
37 67-2008, 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 ($1 0075) , which shall be
41 paid to the bureau of occupational licenses, and to pay salaries, fees, costs
42 and expenses incurred in connection with the purposes and objects of this act.
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 FEES CANCELLATION. In addition to the fees
4 required by section 54-1506(2), Idaho Code, each person licensed to practice
5 optometry in the state of Idaho and each person who has been licensed to prac-
6 tice optometry in the state of Idaho within a period of five (5) years prior
7 to July 1 of each year following June 30, 1972, shall pay to the treasurer of
8 the state of Idaho a sum not to exceed seventy-five dollars ($75.00), as
9 established by board rule, on July 1 of each year. Failure to pay the fees
10 required by this act chapter shall result in cancellation of the person's
11 license by the board. Upon application for reinstatement, all fees due and not
12 paid after the effective date of this act must be paid by the person making
13 such 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 this act chapter 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 this act chapter.
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.
31 Out of the moneys appropriated to the bureau from fees paid under section
32 54-1506(2), Idaho Code, or otherwise appropriated from fees paid under section
33 54-1506(2), Idaho Code, and deposited in the occupational license account
34 established 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.
36 Out of moneys appropriated from fees paid under section 54-1507, Idaho
37 Code, the members of the board of optometry shall be compensated as provided
38 by section 59-509(h), Idaho Code, not otherwise paid from moneys appropriated
39 by 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
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
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-
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
49 act chapter 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
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 this act chapter.
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 this act chapter or to promote the interests of the profession of
19 optometry in Idaho. from funds available in the fund established by this act
20 or 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 board regulation rule not to exceed two hundred fifty dollars ($250) with each
28 application to the board.
STATEMENT OF PURPOSE
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
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.
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.
Name: Rayola Jacobsen
Agency: Occupational License, Bureau
Statement of Purpose/Fiscal Impact H18