Idaho State Board of Optometry
Minutes
of
May 21, 2004
ROLL CALL:
Scott Taylor, Chair
Gary Walker, Vice Chair
John Rietz, Board Member
Steven Snapp, Board Member
Daniel Tiller, Board Member
BUREAU
STAFF: Rayola
Jacobsen, Bureau Chief
Sandee Hitesman,
Office Specialist II
Ken Stringfield, Deputy Attorney General
ALSO PRESENT: Larry Benton, Executive Director Idaho Optometric Association
The meeting was called to order at 1:10
p.m. by Chair, Scott Taylor.
Motion was made by Dr. Tiller to approve
the minutes of the February 13, 2004 Board meeting minutes with the ARBO meeting
date changed from May to June. Seconded
by Dr. Snapp, carried.
Ms. Jacobsen gave the legislative report.
The Bureau is now providing services to the Board of Drinking Water &
Wastewater Professionals. They will have their first meeting in June.
The addition of this Board to the Bureau will reduce some of the expenses
for the Optometry Board. The
Bureau proposed legislation during the past session that would provide subpoena
power ability during investigations. This
bill did not pass. The Bureau will
propose this bill again next year.
Motion was made by Dr. Tiller to approve
the legislation report. Seconded by
Dr. Snapp, carried.
Ms. Jacobsen gave the financial report.
The Board has $11,328.86 remaining in appropriation, with a cash balance
of $1,739.59. The Board’s special account has a balance of $42,147.04
left in appropriation, with a cash balance of $49,814.61.
Motion was made by Dr. Walker to approve
the financial report. Seconded by
Dr. Snapp, carried.
Ms. Jacobsen gave the investigative report.
There were two complaints for fiscal year 2003.
One of those complaints is under investigation.
There have been eight complaints for fiscal year 2004.
Four of those are under investigation, and two are up for Board
determination.
The Board reviewed those complaints up for
Board determination.
OPT-P3A-2-2004-5: Motion
was made by Dr. Rietz to close this investigation.
Seconded by Dr. Snapp, carried.
OPT-P1-02B-04-4: Dr.
Taylor recused himself from participation and discussion of this case.
Motion was made by Dr. Tiller to recommend
the Attorney Generals Office to negotiate a stipulation with a stay; four years
probation; send a written letter of censure to the respondent; the respondent
must write a paper on ethics regarding practicing without a license and employee
relations; respondent must pay current cost and fee’s along with all costs and
fee’s accrued during the four year probationary period; respondent must pay a
$1000.00 fine. If probation is not
followed, the respondent’s occupational license will be suspended for one
year. Seconded by Dr. Rietz, carried.
License renewals were discussed. Dr. Taylor asked if anything is sent out to a licensee who
does not renew his/her Optometry license? It
was noted that once a renewal form is sent out, no further correspondence is
sent to the licensee regarding renewing that license.
Motion was made by Dr. Walker to have a
second letter of renewal sent out to licensee’s within 45 days, followed by a
90 day certified letter notifying the licensee that they do not have a current
license to practice, and they could be subject to possible suspension of their
license if they are practicing. Seconded
by Dr. Tiller, carried.
Ms. Jacobsen noted that the above request could be done with an upgrade to the Bureau’s database.
Dr. Taylor noted that Idaho Statute 54-1514
states that the Bureau of occupational licenses shall each year print a pamphlet
containing the names and addresses of all licensed optometrists of the state of
Idaho and a copy of this chapter and other laws applicable to the practice of
optometry and shall distribute a copy of such pamphlet to each licensed
optometrist. The Board asked that
the Bureau send out a pamphlet with each renewal license stating that Idaho’s
laws and rules and a list of Optometrists can be found on the Bureau’s
website, along with directions on how to obtain this information from the
website.
Applications for Endorsement were reviewed.
Motion was made by Dr. Walker to approve
both applications for endorsement. Seconded
by Dr. Tiller, carried.
Larry Benton addressed to the Board that
the State of Idaho Optometric Association appreciates all the work and support
the State Board of Optometry offers. The Idaho Optometric Association meets tomorrow.
This year’s association meeting is being held in Boise, ID.
They are planning to hold next years meeting in Idaho Falls.
The Board discussed if holding this meeting in Idaho Falls would be
financial feasible. Dr. Walker will
express the Boards concerns regarding this location at the Idaho Optometric
Association meeting tomorrow. The Idaho Optometric Association is hoping to
offer 6 hours of advanced continuing education on glaucoma presented by Dr.
Ludwig at the Doubletree Inn-Riverside Hotel in Boise on Thursday, October 28,
2004. If they are unable to get Dr.
Ludwig, they are hoping to have someone of equal National statute present
continuing education on Diagnostic and Therapeutic treatment of glaucoma. The
Idaho Optometric Association asked approval from the Idaho State Board of
Optometry and their continued sponsorship of $10,000.00 for this seminar.
Motion was made by Dr. Rietz to support
this seminar and approve sponsoring $10,000.00.
Seconded by Dr. Snapp, carried.
Commercial Practice was discussed.
It was noted that most commercial practices are in violation of Optometry
Rule 325, 04 (c-j). Until the Board
receives a complaint, an investigation of these practices cannot be done. It was noted that a Board member does have the right to file
a complaint. The Board discussed
proposing a rule change. Tennessee
has changed their rule to handle this issue.
Larry Benton will get a copy of Tennessee’s rule and give to the Board
for review. The Board discussed
having the licensee send in his lease agreement with the commercial entity for
Board review. It was noted that
Idaho Statute 54-1509 (17) gives the Board authorization to request records.
The Board would like to request these documents and determine if they
feel a violation of rule 325, 04 (c-j) has occurred.
The Board asked the Bureau to take the
following questions to Roger Hales, legal council.
(#1) Can the Board appoint a subcommittee to do the investigation
so that a portion of the Board would be able to conduct a decision if a
complaint came before the Board through an investigation?
(#2) Have Roger Hales contact Dr. Scott Taylor in reference to
rule 325, 04-unprofessional conduct, (c-j).
The Board reviewed the following questions
from the American Optometric Association.
1.
Can optometrists remove chalazions by excision?
2.
Can optometrists remove chalazions by cryotherapy?
3.
Can optometrists remove chalazions by injection?
The Board asked that a “yes” response
to all three questions be sent back to the American Optometric Association.
The Board received a $500.00 sponsorship
from ARBO to send a Board member to the ARBO/NBEO workshop on the “National
Boards” on June 20, 2004. The
Bureau noted that this money would be deposited in the Boards account.
The Board asked the Bureau to please fax the form accepting the
sponsorship for them.
The next Board meeting date will be set for
July 2004. Sandee will contact the
Board with dates that are open for the Bureau.
Dr. Walker made a motion to adjourn at 3:15
p.m. Seconded by Dr. Tiller,
carried.
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Last Modified - May 23, 2006