Idaho State Board of Optometry
Bureau of Occupational Licenses
1109 Main Street, Suite 220
Boise, Idaho 83702-5642
(208) 334-3233

Minutes of August 01, 2003


ROLL CALL:     Scott Taylor, Chair

      Gary Walker, Vice Chair

                         John Rietz, Board Member

                         Steven Snapp, Board Member

                         Daniel Tiller, Board Member                       


ALSO PRESENT:      Rayola Jacobsen, Bureau Chief

                                   Budd Hetrick, Deputy Bureau Chief               

                                   Roger Hales, Administrative Attorney

                                   Sandee Hitesman, Office Specialist II

                                   Larry Benton, Executive Director Optometry Association


The meeting was called to order at 1:35 p.m. by Chair, Scott Taylor. 

Motion was made by Dr. Walker to accept the minutes of the May 05, 2003 board meeting as written.  Seconded by Dr. Snapp, carried. 

The board welcomed Dr. Daniel Tiller to the Board of Optometry. 

Ms. Jacobsen gave the legislative report.  Ms. Jacobsen welcomed Dr. Tiller as a new member of the board.  Ms. Jacobsen explained that there was a law change stating that no pre-filed bills could be submitted by agencies for this year.  All agencies can take RSís to the respective house or senate.  The house or senate will than present these to committees.  The committees will make the determination of which RSís get a number.  Proposed rule changes will be handled as always.  Proposed rule changes are due by August 20, 2003. 

Mr. Hetrick gave the financial report.  As of the end of June 2003 the board had $9425.10 left in appropriation.  At the end of fiscal year 2003 the board had $24,109.86 left in the special account.  There is a detail report link on the website for the bureau financial report and the special account report.  As of June 30, 2003, there were 346 current Optometry licensees. 

Mr. Hetrick gave the investigation report.  For fiscal year 2004 there is one complaint under investigation.  There were two complaints for fiscal year 2003.  Both of these are under investigation.  Mr. Hetrick explained the bureauís policy regarding complaints.  Complaints are investigated and than sent to the prosecutor at the Attorney Generals office.  The Bureau will bring recommendations to the board for the final determination of all cases.  The board will decide how to proceed at that time.  Mr. Hetrick explained that the identity of the persons involved would only show on the consent agreement or on a formal complaint.  The Prosecutor may not bring the complaint before the board if they feel a formal hearing is needed.  If this is the case, a hearing officer will be chosen for the hearing.  The hearing officer will determine what the facts are and will than make recommendations to the board for disciplinary action.  The board will than decide to accept the recommendations, or pursue other disciplinary action.  It was noted that the board only has jurisdiction over licensed Optometrists.  

The board reviewed a request for state approval of a continuing education course being offered by licensed California Optometrist, Monica Slivar.  The board reviewed the process to receive COPE approval.  Motion was made by Dr. Walker to approve the course offered by Monica Slivar for 2 years, with the suggestion she get COPE approval.  Dr. Slivar will than have to resubmit for approval after 2 years.  Seconded by Dr. Snapp, carried. 

Motion was made by Dr. Walker to amend the motion to approve the course offered by Monica Slivar for 3 years.  Seconded by Dr. Tiller, carried. 

The board discussed contact lens rule and law change.  Rule 54-1510 states it is unlawful for willfully permitting or allowing or causing a person who is not a licensed optometrist or a licensed physician or surgeon to use the optometrist's prescription or optometric finding to fit contact lenses upon a person or member of the public, or supply contact lenses directly to a member of the public.  Mr. Hales notes that someone who is not an Optometrist or Physician cannot fit contact lens for a patient.  The board discussed submitting a bill to Legislation changing the language in Idaho Statute 54-1510 and 54-1517.  The board would like some language stating that the doctor must release the prescription if the patient requests release.

Mr. Benton noted that the Optometry Association receives 3 to 4 phone calls a week from patients complaining that their Optometrist will not release their prescription.  Mr. Benton stated that the Optometric Association would be very interested in a law change.  The board discussed positively identifying the entities receiving these prescriptions.  It was noted that the entities receiving these prescriptions could be required to register with the Board of Pharmacy.  Mr. Hales noted this would require a law change.  It was determined that a rule change could be submitted for changing the language to allow a doctor to release a patientís prescription.  Mr. Benton noted that the association is working on a recommendation for a rule change to reflect allowing a doctor to release a patientís prescription.  The board asked the association to come up with a conclusion and submit to the board. Mr. Benton noted the association could have a conclusion within a few days. 

The board reviewed licensees coming in under endorsement.  According to the endorsement rule, licensees must have passed the TMOD examination.  The board noted that the TMOD examination did not exist before about 1988, so anyone coming in under endorsement, who took their national exams before this date would not have taken the TMOD exam.  Mr. Hales noted a rule change could be submitted stating that anyone who was licensed after the date the TMOD came into affect, would be required to take this exam.  He also noted that the board may want to add that anyone coming in under endorsement who was licensed before the TMOD exam existed, would have to submit verification of taking an equivalency exam approved by the board, or education attended for therapeutic privileges.  The board decided to submit proposed language to rule 275 stating; For those licensed in another state before the date of the TMOD exam, the applicant must document to the board for approval, the education, training and examination for therapeutic privileges obtained in the other state and return the state of Idaho law examination.  

The board discussed rule 300.05.  This rule states that every Optometrist renewing their license must submit a form on which each optometrist shall list the name of the courses, the location, date and hours of attendance, and shall submit the form prior to or with the renewal application for license filed each year.  The board decided to change this rule to say that each licensee must affirm that they have met the continuing education requirement, and the board may conduct audits to confirm that the continuing education requirements are being met. 

Motion was made by Dr. Walker to adopt the rules as amended and to direct the bureau to submit these rules to the governorís office and legislative branch for approval.  Seconded by Dr. Rietz, carried. 

The board discussed changing the law for the types of Optometry licensure.  The board may want to omit the OD licensure.  There are currently 26 licensed ODís.  The board discussed changing the law in the future to require a minimum of diagnostic privileges.  It would be to the benefit of the health of the public to require an Optometrist to at least be able to dilate. 

Dr. Taylor asked if someone else from the board would be willing to grade examinations.  Dr. Tiller volunteered to start grading the examinations.  Dr. Taylor will provide a copy of the test with the answers to Dr. Tiller.   

Dr. Rietz asked the bureau to automatically approve continuing education that meets the requirement of the law and rule. 

Discussion was held regarding a letter sent to the board regarding injections for chalazions.  The board discussed there was a list made up regarding an Optometrists scope of practice.  The board noted that an Optometrist is allowed to perform injections within the confines of the law.  The board asked the bureau to send out a copy of the approved Optometrist scope of practice to the Dr. who sent the letter. 

The board asked if the Association members who attended the dinner in Twin Falls with the board of Optometry could be reimbursed for their expenses to this dinner?  The bureau noted that compensation could only be given to board members.   

Ms. Jacobsen noted that the minutes are now in a different format.  The bureau is no longer using the minute books.  Each book cost about $150.00 to $175.00.  The bureau is now scanning the minutes electronically.  This is saving each board the cost of the books.   

Mr. Benton asked the board to consider sponsoring the Childrenís Vision for the Primary Care Optometrist program sponsored by the Idaho Optometric Association Congress and the Childrenís vision initiative.  This is a 6-hour clinical education program that is given.  All Idaho Optometrists are invited free of charge.  Motion was made by Dr. Snapp to approve $10,000.00 in sponsorship for the Childrenís Vision for the Primary Care Optometrist program.  Seconded by Dr. Tiller, carried.   

Ms. Jacobsen noted that the rules that were approved in todayís meeting would be submitted by Wednesday of next week. 

Ms. Jacobsen noted that the only cost for the Bureauís system generated wall certificates is the font used.  Printing the certificates in house is a money saving measure. 

The board discussed a request for an extension on continuing education hours for fiscal year 2003.  Motion was made by Dr. Walker to approve the request for an extension, and require that the licensee show verification of 33 hours of continuing education by their fiscal year 2004 license renewal.  Seconded by Dr. Snapp, carried. 

The board will contact the bureau with the date and time of the next board meeting. 

Motion was made by Dr. Tiller to adjourn at 5:00 p.m.  Dr. Walker seconded, carried. 

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Last Modified - June 30, 2006