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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 attorneys, 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, ch. 187, as amended by Acts 1935, ch. 38, § 14, reads: "An act to define and regulate the practice of optometry, providing for a state board of registration and examination in optometry, and defining its duties and powers, providing for the method of examination of applicants for certificates of registration, providing for the issuance of certificates of registration and licenses to practice and renewals thereof and issuance of certificates of registration by reciprocity, providing for the collection and disposition of fees and dues from optometrists, providing for certain exemptions from the law, providing for the filing of charges for the revocation of certificates of registration and/or licenses, and hearings on the same, providing for the procedure on hearings and appeals, and providing for the revocation of certificates of registration and/or licenses, defining unprofessional conduct and unlawful practices and acts, and providing for rights of injunction and procedure thereon, and defining certain misdemeanors and providing penalties therefor."

Amendments. The 1913 amendment substituted "optometrists, licensed under this act" for "opticians" in the second sentence between "resident" and "engaged in", and in the present fifth sentence "appointments" was changed to "appointment."

The 1919 amendment substituted "all" for "four" preceding "of whom shall have been resident optometrists" and deleted "and the fifth an oculist who in like manner has been engaged in the practice of his profession for five (5) years prior to his appointment" between "prior to his appointment" and "not more than three of whom" in the second sentence. This amendment changed "successors" to "successor" at the end of the present fourth sentence. In the present sixth sentence "the" was deleted in phrase "secretary of state" from between "of" and "state". And a proviso was added to what was the eighth sentence then causing it to read: "Any member of said board may be removed by the governor for cause; provided 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, unless removed by the governor for cause as herein provided."

The 1929 amendment inserted "that" to the proviso in what was then the eighth sentence between "provided" and "the members of such board." The following was also added to the end of the section: "Said board shall have authority

and it shall be its duty as far as the provisions of this act permit:

"(a) To make and promulgate rules and regulations governing the practice of optometry and such other rules as may be necessary to carry out the provisions of this act.

"(b) 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.

"(c) To assist in the prosecution of the violation of this act.

"(d) To authorize one or more members of the board to investigate all complaints as to violation of this act; and to engage the services of other persons, whenever deemed necessary and expedient, to carry out and enforce the provisions thereof. The compensation of a board member when acting as an investigator, shall be paid in the same manner and at the same rate as for at

tending board meetings."

The 1935 amendment deleted the then third sentence which read: "The appointments to this board shall be made by the governor within thirty days after this law goes into effect." This amendment also inserted "hereafter" in the present third sentence between "Of those" and "appointed"; the words "Any member of the said board may be removed by the governor for cause" was deleted from in front of the proviso in what was then the eighth sentence and said proviso was added onto the present sixth sentence and the phrase "unless removed by the governor for cause as herein provided" was deleted, with the phrase that begins "but the tenure of office" and ends "approved February 3, 1933" substituted in its place at the end of said proviso; and the subsections were changed to their present form.

Cross-Reference. Educational requirements for applicants for license, § 631022.

Comparative Legislation. Optometry: Ala. Code 1940, tit. 46, §§ 190-213. Ariz. Rev. Stat., §§ 32-1701-32-1759. Ark. Stat. 1947, §§ 72-801-72-819. Cal. Deering's Codes, Business and Professions Code, §§ 3000-3152.

Colo. Rev. Stat. 1953, §§ 102-1-1-1021-25.

Conn. Gen. Stat. 1958, §§ 20-12720-138a.

Del. Code Ann., tit. 24, §§ 2101-2119. Fla. Stat. Ann., §§ 463.01-463.20. Ga. Code Ann., §§ 84-1101-84-1111. Idaho. Code 1947, §§ 54-1501-54-1519. III. Rev. Stat. 1959, ch. 91, §§ 105.1105.29.

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, §§ 1-13. Md. Code 1957, Art. 43, §§ 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, §§ 8832-8846. Mont. Rev. Codes 1947, §§ 66-130166-1317.

Nebr. Rev. Stat. 1943, §§ 71-1,13371-1,136.

Nev. Rev. Stat., §§ 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, §§ 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, §§ 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. poration may not be criminally prosecuted for practicing optometry without a license. 1933, p. 492.

Cor

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. (2d) 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.

Organization

63-1002 [13811]. Meetings of board 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

[$2,000], with sureties to be approved by the governor, which bond shall be filed with the treasurer of state. The secretary of said board shall keep a full record of the proceedings of said board, which record shall at all reasonable times be open to public inspection. [Acts 1907, ch. 187, § 2, p. 311; 1935, ch. 38, § 2, p. 104.]

Amendment. The 1935 amendment deleted "who shall severally have the power during their term of office, 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" from the end of the first sentence; deleted "($2,000.00)” from between "thousand" and "dollars" in the third sentence; substituted "treasurer" for "auditor" at the end of the third sentence; and deleted the fifth, sixth and seventh sentences which read as follows: "Said board shall from time to time establish and record, in a record kept for

that purpose, a schedule of the minimum requirements which must be complied with by applicants for examination before they can be examined or receive a certificate. In like manner said board shall establish and put on record 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. But no rule or requirement shall be made that is unreasonable, or that contravenes any of the provisions of this act."

63-1003 [13812]. Examinations Fees, registration certificates Records Applicants presenting certificates from other states.-Every person, except those registered and licensed as optometrists in this state at this time, or those exempted from the provisions of this act [§§ 63-1001-63-1021], or those excepted from the taking of an examination under the provisions of this act, before beginning the practice of optometry in this state, after the passage of this act, shall pass an examination which shall be given by said Indiana state board of registration and examination in optometry. Any person desiring to be examined by the said board must fill out an application, furnished by the said board, which application must be verified by said applicant, and said applicant must file said verified application with the secretary of said board at least thirty [30] days prior to the holding of the examination, which the applicant is desirous of taking. The applicant shall pay to said board a fee of twenty-five dollars [$25.00], before taking the examination, and if he shall successfully pass said examination, shall pay to said board a further sum of five dollars [$5.00] on the issuance to him of a certificate. All persons successfully passing such examination, shall be registered in a record, which shall be kept by the secretary of said board, and shall also receive a certificate of such registration to be signed by the president and secretary of said board. Any applicant may at the discretion of said board be registered and given a certificate of registration if he shall present a certified copy of a certificate of registration or license, which has been issued to said applicant by any other state where the requirements for registration shall be deemed, by the unanimous opinion of said board, to be equivalent to the requirements for registration in this state, provided that said applicant has not previously failed at an examination given by the Indiana state board of registration and examination in optometry, and the fee for registering such applicant shall be twenty-five dollars [$25.00]. [Acts 1907, ch. 187, § 3, p. 311; 1919, ch. 207, § 2, p. 794; 1935, ch. 38, § 3, p. 104.]

Amendments. Prior to amendment this section read: "Every person before beginning the practice of optometry in this state after the passage of this act shall pass an examination before the state

board of examiners. Such examination shall be confined to such knowledge as is essential to the practice of optometry. Any person having signified to said board his desire to be examined shall appear

before such board at such time and place as they may designate, and before such examination shall pay to said board the sum of five ($5) dollars, and if he shall successfully pass said examination, shall pay to said board a further sum of ten ($10.00) dollars, on the issuance to him of a certificate. All persons successfully passing such examination shall be registered in a record which shall be kept by the secretary of said board, as licensed to practice optometry, and shall also

receive a certificate of such registration to be signed by the president and secretary of said board."

The 1919 amendment increased the first fee to $10.00, making the second fee $5.00.

The 1935 amendment placed the section in its present form.

Cross-Reference. Educational requirements for applicants for license, § 631022.

63-1004 [13813]. "Practice of optometry" defined.-The practice of optometry is hereby defined to be any one of the following acts, or any combination of, or part of the following acts:

(a) Diagnosis. The examination or diagnosis of the human eye, to ascertain the presence of abnormal conditions or functions which may be diagnosed, corrected, remedied or relieved, or the application or prescription of lenses, prisms, exercises, or any physical, mechanical, physiological or psychological therapy, or the employment of any means, for the purpose of detecting any diseased or pathological condition of the eye, or the effects of any diseased or pathological condition of the eye, which may have any significance in a complete optometric diagnosis of the eye or its associated structures.

(b) Examination Through Scientific and Professional Methods and Devices. The application, use, or adaption of physical, anatomical, physiological, psychological or any other principles through scientific professional methods and devices, to the examination of the eyes and vision, measuring their function for the purpose of determining the nature and degree of their departure from the normal, if any, and adopting optical, physiological and psychological measures and/or the furnishing or providing any prosthetic or therapeutic devices for the emendation thereof. [Acts 1907, ch. 187, § 4, p. 311; 1913, ch. 359, § 3, p. 958; 1919, ch. 207, § 3, p. 794; 1935, ch. 38, § 4, p. 104.]

Amendments. This section, prior to the 1913 amendment, read as follows: "That the practice of optometry be defined as follows: The employment of mechanical means for testing and measuring the refractive and accommodative conditions of the eye, without the employment of drugs or medicine, and the measuring or grinding of lenses, the fitting, bending and adjusting of spectacles and eyeglasses with lenses for the betterment of vision: Provided, That the fitting or peddling of spectacles and eye-glasses by itinerant opticians prior to this act shall not be construed to mean the practice of optometry in the meaning of this act."

Under the 1913 amendment, this section read: "That the practice of optometry be defined as follows: The employment of any means other than the use of drugs, for the measurement of the powers of vision, and the adaptation of lenses for the aid thereof."

Under the 1919 amendment, this section read: "The practice of optometry is

hereby defined as being either one or any combination or part of the following: (a) The examination of the human eye, without the use of drugs, medicine or surgery, to ascertain the presence of defects or abnormal conditions which may be corrected, remedied or relieved, or the effect of which may be corrected, remedied or relieved by the use of lenses or prisms. (b) The employment of subjective or objective mechanical means, without the use of drugs, medicine or surgery, to determine the accommodative or refractive conditions, or the range of powers of vision, or muscular equilibrium of the human eye. (c) The adaptation or the adjustment of lenses or prisms to correct, relieve or remedy any defect or abnormal condition, or to correct, relieve or remedy the effect of any defect or abnormal condition, of the human eye."

The 1935 amendment placed the section in its present form.

Opinions of Attorney-General. The fitting of contact lenses constitutes the

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