State ex rel. Booth v. Beck Jewelry Enterprises, Inc., 220 Ind. 276, 41 N. E. (2d) 622, 141 A. L. R. 876.

The fact that persons selling eyeglasses sit at a table and hand the glasses to the customer instead of permitting them to select those which they will try, by which method the lenses with which the customers can best see are probably found more quickly than by starting at one end of a row and taking them in order, does not have the effect of converting sales of eye-glasses as merchandise into the practice of optometry, as defined by this section, since the "trial and error" method depends, not on the salesman's selection, but on the customer's choice after trial. State ex rel. Booth v. Beck Jewelry Enterprises, Inc., 220 Ind. 276, 41 N. E. (2d) 622, 141 A. L. R. 876.

Collateral Reference.

Liability of optician or optometrist for malpractice in eye treatment. 68 A. L. R. (2d) 426.

before practicing optometry, was repealed by Acts 1935, ch. 38, § 15.

63-1006 [13815]. Application of act.-Nothing in this act [§§ 631001-63-1021] shall be considered to apply to physicians and surgeons who are authorized to practice medicine, surgery and obstetrics under the laws of the state of Indiana. [Acts 1907, ch. 187, § 6, p. 311; 1935, ch. 38, § 5, p. 104.]

Amendment. Before the 1935 amendment this section read as follows: "Nothing in this act shall be considered to apply to physicians and surgeons authorized to practice under the laws of the state of Indiana, nor to resident merchants so long as they sell spectacles as any other piece of merchandise without

representation of [or] qualification on the part of the seller."

Opinions of Attorney-General. Other than those specifically exempted by this section, optometrists are the only other persons who may lawfully engage in the practice of fitting contact lenses. 1946, No. 69, p. 261.

63-1007 [13816]. Three years' practice-Certificate-Fee.-Every person who has been engaged in the actual and continuous practice of optometry, as defined by section four [§ 63-1004], in the state of Indiana, for three [3] years immediately prior to the time of the passage of this act [§§ 63-1001-63-1021] shall, within ninety [90] days thereafter, file affidavit in satisfactory proof thereof with said board, which shall make and keep a record of such persons, and shall, in the consideration in [of] the sum of five dollars [$5.00], issue to him a certificate of registration. [Acts 1907, ch. 187, § 7, p. 311.]

Compiler's Note. Bracketed word "of"

inserted by secretary of state.

63-1008 [13817]. Exemption from examination.-All persons entitled to a certificate of registration under the provisions of section

seven [§ 63-1007] of this act shall be exempt from the provisions of section three [§ 63-1003]. [Acts 1907, ch. 187, § 8, p. 311.]

63-1009 [13818]. Clerk to record certificates-Fee.-Every person receiving a certificate under the provisions of this act [§§ 63-1001-631021] shall present the same for record to the clerk of the circuit court in the county in which he intends to practice, and shall pay to such clerk fifty cents [50] for recording the same, which certificate shall be recorded by the clerk in a record to be provided by him for that purpose. [Acts 1907, ch. 187, § 9, p. 311.]

REPEALED IN 1964

. It

63-1011 [13820]. Issuance of license — Form Rights under. shall be the duty of the clerk of the circuit court of the county in which an applicant resides or proposes to locate, to issue to the person presenting such certificate or license, as hereinbefore provided, a license, over his official seal, in the following form:

state of Indiana, do hereby certify that

County, in the has complied with

the laws of Indiana relating to the practice of optometry in the county and state aforesaid.

Witness my hand and seal of said court this

day of

Clerk.

Said license shall give the right to the holder thereof to practice optometry only in the county in which said license is issued so long

as the same is in full force and effect. [Acts 1907, ch. 187, § 11, p. 311; 1935, ch. 38, § 7, p. 104.]

Amendment. The 1935 amendment added "of the county", "or license" and added the paragraph following the form. Cross-Reference. Clerk's fee for license is three dollars, § 49-1301.

The

Opinions of Attorney-General. board is authorized to take action against any licensee who is found practicing optometry in two different counties. 1955, No. 19, p. 57.

63-1012 [13821]. Annual report to board.-The clerk shall furnish annually, on the first day of January, to the Indiana state board of registration and examination in optometry, upon blanks furnished by such board, a duplicate list of all certificates received and licenses issued by him during the preceding year, and shall include therein the date of issue of such license, and the name and residence of the person receiving same. [Acts 1907, ch. 187, § 12, p. 311.]

63-1013 [13822]. Forfeiture of rights.-Any person entitled to a certificate, as provided for in section seven [§ 63-1007] of this act, who shall not, within ninety [90] days after the passage thereof, make written application to the board of examiners for a certificate of registration, accompanied by a written statement, signed by him, and duly verified before an officer authorized to administer oaths within this state, fully setting forth the grounds upon which he claims such certificate, shall be deemed to have waived his right to a certificate under the provisions of said section seven [§ 63-1007]. Any failure, neglect or refusal on the part of any person holding such certificate to file the same for record, as hereinbefore provided, for thirty [30] days after the issuance thereof, shall forfeit the same. [Acts 1907, ch. 187, § 13, p. 311.]

63-1014 [13823]. Display of certificate-Bill of sale.-Every person to whom a certificate of examination or registration is granted shall display the same in a conspicuous part of his office wherein the practice of optometry is conducted. And whenever practicing said profession of optometry outside of, or away from, said office or place of business, he shall deliver to each customer or person so fitted with glasses, a bill of sale, which shall contain his signature, home post-office address, and the number of his certificate of registration. [Acts 1907, ch. 187, § 14, p. 311.]

63-1015 [13824]. Disposition of fees and funds-Compensation of members-Payment of expenses.-Out of the funds coming into possession of said board, each member thereof may receive as compensation, not to exceed the sum of ten dollars [$10.00] for each day actually engaged in the duties of his office and actual expenses incurred in attending the meetings of the board. The secretary and treasurer shall be reimbursed for all necessary expenses incurred while discharging their duties to the board at their homes. Said expenses and all other expenses shall be paid from the fees and assessments received by the board under the provisions of this act [§§ 63-1001-63-1021], and no part of the salary or other expenses of the board shall ever be paid out of the state treasury. The treasurer shall pay the per diem expenses as provided herein only on the itemized verified statement of the person entitled thereto. Said board is expressly authorized to use any part of said funds available for the purpose of assisting in prosecuting any person violating any of the provisions of this act, or for the

purpose of enforcing by legal action, any of the provisions of this act. [Acts 1907, ch. 187, § 15, p. 311; 1913, ch. 359, § 5, p. 958; 1919, ch. 207, § 4, p. 794; 1935, ch. 38, § 8, p. 104.]

Compiler's Note. Under Acts 1925, ch. 28, p. 69, all license fees and other revenue collected by the board of optometry became a part of the general fund of the state, see § 61-202.

Amendments. The 1913 amendment added to the end of the former fifth sentence the words, "and said board is expressly authorized to use said funds for the purpose of prosecuting any person violating any of the provisions of this act."

The 1919 amendment substituted "not to exceed the sum of ten dollars ($10.00)" for "the sum of five ($5.00) dollars" in the first sentence; inserted "ever" in the third sentence; and substituted the last two sentences for one which read: "Said board shall make an annual report of its proceedings to the governor on the first Monday in January of each year, which report shall contain an account of all moneys received and disbursed by them, pursuant to this act: Provided, however, That all moneys in excess of five hundred ($500) dollars, as shown by such report, on hand and unexpended, shall be paid annually into the general school fund."

The 1935 amendment inserted "and all other expenses" in the third sentence;

inserted "the" between "pay" and "per diem" in the fourth sentence; deleted a phrase from the fifth sentence which read: "All moneys received over and above said per diem, allowance and expenses, as above provided for, shall be held by the treasurer as a special fund for meeting expenditures of said board, and carrying out the provisions of this act, and" and which preceded the present fifth sentence; inserted "any part of," "available," "assisting in" and "or for the purpose of enforcing by legal action, any of the provisions of this act" in the present fifth sentence; and deleted the former sixth and seventh sentences which read as follows: "Said board shall make an annual report of its proceedings to the governor on the first Monday in January of each year. Said board shall also make a report to the auditor of state on the last day of September of each year containing an account of all moneys received and disbursed by said board during the year preceding said date, and shall pay to the treasurer of state all money in excess of five hundred dollars ($500) as shown by such report on hand and unexpended on such date, which sum shall be by said treasurer paid into the general school fund."

Renewal Blanks

63-1016 [13825]. Certificates of registration Fees Revocation. Before the first day of January of each year, the secretary of said board shall mail to each optometrist registered in the state of Indiana, a blank application for renewal of his certificate of registration, addressing the same in accordance with the post-office address given at the last previous registration, which blank application shall contain spaces for the insertion of his name, office and post-office address, date and number of his license, and such other information and questions as the said board may deem necessary, and before the first day of April of said year, he shall fill out said blank, shall sign and forward said statement and application for renewal of his registration certificate to the secretary of the said board, together with a fee of eight dollars [$8.00]. Upon receipt of such application and fee, and upon the same being properly verified by the secretary of said board, the secretary of the said board shall issue a certificate of renewal of registration. Said payment of said renewal fee shall be so made prior to the first day of April in each year, and in the event of the failure to so make said payment by any person, his certificate of registration and/or license may be revoked by said board without further proceedings. [Acts 1907, ch. 187, § 16, p. 311; 1925, ch. 193, § 1, p. 456; 1929, ch. 45, § 2, p. 90; 1935, ch. 38, § 9, p. 104.]

Amendments. Prior to the 1925 amendment this section read: "Every registered optician shall in every year after 1907 pay to the said board of examiners the sum of two ($2.00) dollars as a license

fee for such year. Such payment shall be made prior to the first day of April in each and every year, and in case of default in such payment by any person his certificate may be revoked by the

63-1018 [13826]. Revocation of license-Grounds-Charges-Procedure-Hearing-Appeals-Bond.-Said board shall have the power to revoke any certificate of registration of any person and/or revoke any license to practice optometry of any person, who has been found guilty of the violation of any of the provisions of this act [§§ 63-100163-1021], or of any of the rules, orders or regulations established and promulgated by the said board, or who has been convicted of a felony, or of a misdemeanor involving moral turpitude, or for gross immorality, or who is found by the board to be grossly incompetent, or who is found by the board to be addicted to the use of intoxicating liquors or drugs or the use of narcotics to such degree as to render him unfit to practice optometry, or who is guilty of unprofessional conduct. The proceedings for revocation of a certificate of registration and/or a license, shall be begun by filing with the secretary of said board, a written statement of a charge or charges against the accused. The charge or charges may be preferred by any person. The said board, when a charge or charges are preferred, shall designate three [3] of their number to hear and determine said charge or charges. A time and place for the hearing of said charge or charges shall be fixed by the members of said board who are to conduct said hearing as soon as convenient, and a copy of said charge or charges, together with a written notice of the time and place when the same will be heard and determined, shall be served at least ten [10] days before the date fixed for said hearing upon the holder, accused or licensee, by leaving a copy thereof at his last and usual place of residence, if a resident of the state of Indiana. If the holder, accused or licensee shall not be a resident of Indiana, or shall have departed from the state of Indiana, then notice of the time and place of such hearing shall be published in a newspaper of general circulation in the county where said licensee or holder of such certificate shall have been last licensed to practice, one [1] time, three [3] weeks prior to such hearing, giving the time and place of such hearing. At least two [2] days before the time of the hearing, the respondent shall file with the secretary of the board his answer to the written charges theretofore served upon him. At such hearing, witnesses may be examined respecting said charge or charges. The said board or the accused or both shall have the power to require the attendance of witnesses, the production of books, records and papers pertinent to the issues, and for that purpose either or both may require the secretary of the board to issue a subpoena for any witness or a subpoena duces tecum to compel the production of any books, records, papers or docu