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

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