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63-1001. State board of optometry

Members Organization

Powers and duties. 63-1002. Meetings of board-Organiza

tion Officers Bond

Records. 63-1003. Examinations—Fees, registra

tion certificates-Records
Applicants presenting cer-

tificates from other states. 63-1004. "Practice of optometry" de


63-1005. [Repealed.]
63-1006. Application of act.
63-1007. Three years' practice-Certifi-

63-1008. Exemption from examination.
63-1009. Clerk to record certificates

Fee. 63-1010. Change of residence-New li

cense-Duty of clerk. 63-1011. Issuance of license Form

Rights under.
63-1012. Annual report to board.

63-1013. Forfeiture of rights.
63-1014. Display of certificate-Bill of

63-1015. Disposition of fees and funds

-Compensation of members

-Payment of expenses. 63-1016. Certificates of registration

Renewal - Blanks - Fees

Revocation. 63-1017. [Repealed.] 63-1018. Revocation of license--Grounds

Charges Procedure

Hearing-Appeals-Bond. 63-1018a. “Unprofessional conduct" fur

ther defined.

63-1019. Unlawful practice.
63-1019a. Unlawful practice-Action by

63-1020. Penalty for violation of act.
63-1021. Provisions severable.
63-1022. Minimum educational require-

ments for applicants for li

cense to practice optometry. 63-1023. Training program at state uni

versity. 63-1024. Additional annual registration

fee—Disposition and use Optometrical research by state university-Appropriation.

63-1001 [13810]. State board of optometry-Members Organization-Powers and duties.—There is hereby created a board which shall be known as the Indiana state board of registration and examination in optometry, whose duty it shall be to carry out the provisions of this act. Said board shall consist of five [5] members, all of whom shall have been resident optometrists, licensed under this act [$$ 63-1001– 63-1021), engaged in the actual practice of optometry in the state of Indiana for a period of five (5) years prior to their appointment, and not more than three [3] of whom shall belong to the same political party. Of those hereafter appointed two [2] shall serve for one [1] year, one [1] for two [2] years, and the other two [2] for three [3] years. The successors of all shall serve for a term of three [3] years each, and each shall hold his office until his successor be appointed. Appointment to fill vacancies from any cause shall be made by the governor for the residue of such term. The members of the board, before entering on their duties, shall each take and subscribe to the oath required to be taken by other state officers, which shall be administered by the secretary of state and filed in his office; and said board shall have a common seal: Provided, That the members of such board heretofore appointed by the governor shall serve out the terms for which they were respectively appointed, the same as if this amendment had not been made, but the tenure of office of the members of such board shall at all times be subject to the provisions of an act of the general assembly for the year 1933, entitled "An act concerning the executive including the administrative department of the government of the state of Indiana; repealing all acts and laws in conflict therewith; and declaring an emergency," approved February 3, 1933. Said board shall have authority and it shall be its duty as far as the provisions of this act permit:

(a) Witnesses-Subpoenas—Procedure. To administer such oaths and take such affidavits as are required by the provisions of this act, certifying thereto under their hand and the seal of the board, and to require the attendance of witnesses, the production of books, records and papers pertinent to any matters coming before the board, and for that purpose the secretary of the board shall have the power to issue a subpoena for any witness or a subpoena duces tecum to compel the production of any books, records, papers or documents, directed to the sheriff of the county where such witness resides or is to be found, which shall be served and returned in the same manner as subpoenas in civil actions in the circuit court are served and returned.

(b) Rules and Regulations. To make and promulgate rules and regulations, and to do any and all things not inconsistent with this act,

which it may deem necessary or expedient for the effective enforcement of this act, and for the full and efficient performance of its duties hereunder, and the reasonable regulation of the profession and practice thereof by persons licensed under this act.

(c) Applications for Registration or License-Rules and Regulations—Records. To make such rules and regulations not inconsistent with the provisions of this act, governing applicants and applications for registration or license under this act, and governing the examination of applicants before beginning the practice of optometry in this state, and to establish a schedule of qualifications of applicants, and a schedule of the minimum requirements with which applicants for examination must comply before they can be examined or receive a certificate of registration, which schedules of qualifications of applicants and of minimum requirements shall be kept in a record for that purpose by said board.

(d) Schools of Optometry-Records-Requirements-Rules. From time to time, to establish and record, in a record kept for that purpose, a schedule of the minimum requirements and rules for the recognition of schools of optometry, so as to keep the requirements of proficiency up to the average standard of other states.

(e) Determination of Unprofessional Conduct. To determine what acts on the part of any person licensed under this act, shall constitute unprofessional conduct as defined by this law.

(f) Assisting in Prosecution and Enforcement. To assist in the prosecution of any violation of this act, or to assist in the enforcement of any of the provisions of this act.

(g) Appointment of Inspector-Duties—Powers. To appoint, when and if it deems expedient, an agent whose title shall be inspector of said board, who shall hold office during the pleasure of said board, and who shall, while in office, be authorized to serve and execute any process or order issued by said board under the provisions of this act. Such agents shall have power to enter any optometrist's establishment or any place where said optometrist is located for the purpose of practicing his profession, to inspect said premises and the licenses and certificates of registration of all optometrists operating therein, and he shall also have the power to inspect all instruments used in the conduct of said profession, and all lenses, frames and mountings which are to be delivered to the public.

(h) Attorneys and Employees. To employ or retain the services of attorņeys, stenographers, and other necessary assistants in the carrying out of the provisions of this act.

(i) Certificates of Registration--Grant-Revocation. To grant or refuse to grant certificates of registration as hereinafter provided for, to revoke or suspend the certificate of registration as hereinafter provided for, of any optometrist, for any violation of this act or for a violation of any rule or regulation of said board.

(j) Annual Report. To make annually on or before the first day of September of each year a report to the governor of all of its official acts during the preceding fiscal year and of its receipts and disbursements.

(k) Additional Powers. To have such other powers and duties as may be provided in the provisions of this act. (Acts 1907, ch. 187, $ 1, p. 311; 1913, ch. 359, § 2, p. 958; 1919, ch. 207, § 1, p. 794; 1929, ch. 45, $ 1, p. 90; 1935, ch. 38, § 1, p. 104.)


Title of Act. The title of Acts 1907, and it shall be its duty as far as the proch. 187, as amended by Acts 1935, ch. visions of this act permit: 38, § 14, reads: "An act to define and

"(a) To make and promulgate rules regulate the practice of optometry, pro- and regulations governing the practice viding for a state board of registration

of optometry and such other rules as and examination in optometry, and de

may be necessary to carry out the profining its duties and powers, providing visions of this act. for the method of examination of ap

“(b) To administer such oaths and take plicants for certificates of registration,

such affidavits as are required by the providing for the issuance of certificates of registration and licenses to practice

provisions of this act, certifying there

to under their hand and the seal of the and renewals thereof and issuance of

board. certificates of registration by reciprocity, providing for the collection and disposi

"(c) To assist in the prosecution of the tion of fees and dues from optometrists,

violation of this act. providing for certain exemptions from "(d) To authorize one or more memthe law, providing for the filing of bers of the board to investigate all comcharges for the revocation of certificates plaints as to violation of this act; and of registration and/or licenses, and hear- to engage the services of other persons, ings on the same, providing for the whenever deemed necessary and procedure on hearings and appeals, and pedient, to carry out and enforce the proproviding for the revocation of certifi- visions thereof. The compensation of a cates of registration and/or licenses, de- board member when acting as an infining unprofessional conduct and un- vestigator, shall be paid in the same lawful practices and acts, and providing manner and at the same rate as for atfor rights of injunction and procedure tending board meetings." thereon, and defining certain misdemean

The 1935 amendment deleted the then ors and providing penalties therefor." third sentence which read: "The ap

Amendments. The 1913 amendment pointments to this board shall be made substituted “optometrists, licensed under

by the governor within thirty days after this act” for “opticians" in the second

this law goes into effect." This amendsentence between “resident" and "en

ment also inserted "hereafter" in the gaged in", and in the present fifth

present third sentence between “Of sentence "appointments” was changed to

those” and “appointed"; the words “Any

member of the said board may be re"appointment."

moved by the governor for cause" was The 1919 amendment substituted "all"

deleted from in front of the proviso in for “four” preceding "of whom shall

what was then the eighth sentence and have been resident optometrists” and de

said proviso was added onto the present leted "and the fifth an oculist who in

sixth sentence and the phrase "unless relike manner has been engaged in the

moved by the governor for cause practice of his profession for five (5)

herein provided" was deleted, with the years prior to his appointment” between

phrase that begins “but the tenure of "prior to his appointment” and “not

office" and ends "approved February 3, more than three of whom" in the second

1933" substituted in its place at the end sentence. This amendment changed

of said proviso; and the subsections were "successors" to "successor" at the end

changed to their present form. of the present fourth sentence. In the present sixth sentence "the" was de- Cross-Reference. Educational requireleted in phrase "secretary of state" from ments for applicants for license, $ 63between "of" and "state". And a proviso

1022. was added to what was the eighth sen- Comparative Legislation. Optometry: tence then causing it to read: "Any mem- Ala. Code 1940, tit. 46, SS 190-213. ber of said board may be removed by the Ariz. Rev. Stat., $$ 32-1701-32-1759. governor for cause; provided the mem- Ark. Stat. 1947, SS 72-801—72-819. bers of such board heretofore appointed Cal. Deering's Codes, Business and by the governor shall serve out the Professions Code, $$ 3000-3152. terms for which they were respectively Colo. Rev. Stat. 1953, 88 102-1-1-102appointed, the same as if this amend- 1-25. ment had not been made, unless removed Conn. Gen. Stat. 1958, SS 20-127– by the governor for cause as herein pro- 20-138a. vided.”

Del. Code Ann., tit. 24, SS 2101-2119. The 1929 amendment inserted "that" Fla. Stat. Ann., $8 463.01-463.20. to the proviso in what was then the Ga. Code Ann., $$ 84-1101-84-1111. eighth sentence between "provided” and Idaho. Code 1947, 88 54-1501-54-1519. “the members of such board." The fol- III. Rev. Stat. 1959, ch. 91, $$ 105.1lowing was also added to the end of the 105.29. section: “Said board shall have authority Iowa. Code Ann., $$ 154.1-154.9.


Kans. Gen. Stat. 1949, $$ 65-150165-1513, 74-1501-74-1504.

Ky. Rev. Stat., $$ 320.200-320.990.
La. Rev. Stat. 1950, 37:1041-37:1065.
Maine. Rev. Stat. 1954, ch. 76, 88 1-13.
Md. Code 1957, Art. 43, S$ 368-386.
Mass. Laws Ann., ch. 112, $$ 66-73B.
Mich. Stat. Ann., $$ 14.641-14.652.
Minn. Stat. Ann., $$ 148.52-148.62.
Miss. Code 1942, 88 8832-8846.

Mont. Rev. Codes 1947, 88 66-1301 66-1317.

Nebr. Rev. Stat. 1943, 88 71-1,133— 71-1,136.

Nev. Rev. Stat., 88 636.010-636.410.

N. J. Rev. Stat. Ann., $$ 45:12-145:12-26.

N. Mex. Stat. 1953, $$ 67-7-1-67-7-14.

N. Y. McKinney's Consol. Laws, Education Law, $$ 7101-7137.

N. Car. Gen. Stat., $$ 90-114–90-128.

N. Dak. Gen. Laws 1956, SS 43-13-0143-13-29.

Ohio. Page's Rev. Code, $$ 4725.014725.99.

Okla. Stat. Ann., tit. 59, $$ 581-592.
Ore. Rev. Stat., $$ 683.010-683.990.
Pa. Purdon's Stat., tit. 63, 88 231-244.

R. I. Gen. Laws 1956, $$ 5-35-15-35-30.

Tenn. Code Ann., $$ 63-801-63-824.

Tex. Vernon's Stat., Art. 4552—4566-1; Vernon's Pen. Code, Art. 735-738a.

Vt. Stat. Ann., tit. 26, $$ 1601-1696.
Va. Code 1950, $$ 54-368-54-398.
W. Va. Code 1955, $$ 2930-2938(1).
Wis. Stat. 1955, $$ 153.01-153.12.
Wyo. Stat. 1957, $$ 33-292-33-304.

Opinions of Attorney-General. Corporation may not be criminally prosecuted for practicing optometry without a license. 1933, p. 492.

Power of board to make regulations and limitation of such power; definition of “practice of optometry.” 1934, p. 239.

To extent that board rule limited study to college of optometry "connected with a university” rule was unconstitutional since it had no reasonable relation to study in a properly constituted school. 1948, No. 8, p. 37.

The state board is authorized to establish and adopt certain standards and approved schools during the period from

Jan. 1, 1946 to the effective date of the 1951 Optometry Act. 1951, No. 64, p. 183. Legislature's Power and Authority.

Subsections a, b, c, d, e, g, and i of this section are constitutional. Ritholz v, Indiana State Board of Registration and Examination in Optometry, 45 F. Supp. 423.

The practice of optometry, as the practice of medicine, directly affects public health, and is a proper subject for legislative regulation and control. Bennett v. Indiana State Board of Registration and Examination in Optometry, 211 Ind. 678, 7 N. E. (2d) 977.

The optometry statute is a proper exercise of the police power of the state, for the purpose of safeguarding public health, and does not amount to the taking of property without due process of law, or the denial of the equal protection of the law. Bennett v. Indiana State Board of Registration and Examination in Optometry, 211 Ind. 678, 7 N. E. (20) 977.

While a license to practice optometry may, to a certain degree, vest in the holder a property right, yet it is not such a contract right as will enable the holder to defeat the purpose of a legislative act passed under authority of the police power of the state, for the protection of health and the general welfare. Bennett v. Indiana State Board of Registration and Examination in Optometry, 211 Ind. 678, 7 N. E. (2d) 977. Collateral References.

Constitutionality and construction of statutes or ordinances regulating the practice of optometry and the sale of spectacles, eye-glasses, or lenses for the correction of vision. 73 L. ed. 722.

Constitutionality of statutes and validity of regulations relating to optometry. 98 A. L. R. 905; 22 A. L. R. (2d) 939.

Right of corporation or individual, not himself licensed, to practice optometry through licensed employee. 102 A. L. R. 343; 128 A. L. R. 585.

Validity of governmental regulation of optometry. 22 A. L. R. (2d) 939.

What constitutes practice of optometry. 141 A. L. R. 883.

63-1002 [13811). Meetings of board Organization - Officers Bond-Records.-Said board shall, at its first regular meeting, which shall be held within fifteen [15] days after their appointment, and annually thereafter, elect from its members a president, secretary, and treasurer. Said board shall meet at least once each year, at Indianapolis, Indiana, and in addition thereto whenever and wherever the president and secretary thereof shall call a meeting; a majority of said board shall at all times constitute a quorum. The treasurer and secretary shall each give bond in the sum of not less than two thousand dollars

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