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

Minutes of October 29, 2004


ROLL CALL:       Gary Walker, Chair

                             Steven Snapp, Vice Chair

                             John Rietz, Board Member

                             Daniel Tiller, Board Member

                             Michael Flandro, Board Member


BUREAU STAFF:      Rayola Jacobsen, Bureau Chief

                                  Roger Hales, Administrative Attorney

     Sandee Hitesman, Office Specialist II


Chairman, Gary Walker, called meeting to order at 2:55 p.m.

Chairman added “Continuing Education-AAO”, to #4 under new business, on the agenda.

Motion was made by Dr. Rietz to approve the minutes of the July 09, 2004 board meeting minutes as written.   Seconded by Dr. Snapp, carried.

Ms. Jacobsen gave the legislative report.  The Bureau has submitted legislation for increased investigative authority.  This would allow the Bureau’s investigation unit to be able to issue subpoenas. 

Ms. Jacobsen gave the financial report.  The board has a balance of $20,924.00 in appropriation with a negative cash balance of $8,317.90.  The board has an appropriation of $53,689.46 in the special account with a cash balance of $57,014.79.  The board may access their financial report from their website at any time.  The board may also use this report to review the board’s past financial status. 

Ms. Jacobsen gave the investigative report.  There have been two complaints for fiscal year 2005.  Both of these are currently under investigation.  There were eight complaints for fiscal year 2004.  Two of these complaints have been closed, one is closed pending disciplinary action, and three are under investigation.  There were two complaints for fiscal year 2003.  One of these complaints is currently under investigation.  The board asked what had happened with the last disciplinary action the board had received from the Attorney General’s office?  Roger noted that the paperwork was still being put together on this, and he would contact the Attorney General’s office regarding this complaint.  Ms. Jacobsen discussed with the board the possibility of holding conference calls in between scheduled board meetings for disciplinary actions that need board action.  The board agreed that this should be done.

The board reviewed the contract between the State Board of Optometry and the State of Idaho Bureau of Occupational Licenses.  Motion was made by Dr. Tiller to approve the contract between the State Board of Optometry and the State of Idaho Bureau of Occupational Licenses, and have the chairman sign the contract for the board.  Seconded by Dr. Flandro, carried.

The board discussed requiring a minimum of Diagnostic education for all licensees.  There have been questions as to where the board is on this discussion?  The board asked that all board members research the past minutes regarding this discussion and bring back findings to the next scheduled board meeting.  It was noted that there are currently 23 licensed Optometrists without Diagnostic privileges.  The board noted that some of the licensee’s, who are licensed without Diagnostic privileges, have gotten their Diagnostic training since licensure.  Ms. Hitesman will check into this.   

Dr. Snapp notified the treasure’s office regarding their notification that deposits made to the board’s special account will now have to be made separately from those deposited to the Bureau account.  The board does not want to open up their law just to delete the special account.  The treasure’s office told Dr. Snapp that the board does not have to delete this special account if they do not wish to.  They also stated that a separate check from licensee’s to be deposited into this account would not be required.  Dr. Snapp will contact the treasure’s office and request a letter be written to the board stating the information that Dr. Snapp received.  The board asked about the origin of the special account.  Mr. Hales noted that he would do some research into the legislative basis for the special account, and bring to the next board meeting.

The board discussed proposed legislation for next fiscal year.  It was asked that this be added to each agenda until the August 01st deadline, to give the board ample time to discuss any legislation they would like to propose. 

Commercial Practice was discussed.  Dr. Tiller was able to get a copy of the State of Tennessee’s law regarding Commercial Practice.  The board discussed requiring a copy of the agreement between the commercial practice and the Optometrist.  It was noted that the State of Tennessee’s law does not allow for this.  Mr. Hales noted that the board would be required to request a copy of the agreement between every Commercial Practice and Optometrist in the State of Idaho.   Mr. Hales will analyze Tennessee’s statute regarding Commercial Practice, and work with a board member to draft some language for legislation, and bring back to the board at the next board meeting.   Board members, Dr. Tiller and Dr. Rietz, will notify the National Association and look at other State’s Statute’s, to see if they are addressing these issues.  Mr. Hales will follow up with the National Associations attorney.

The board reviewed continuing education audits and reinstatements. 

Motion was made by Dr. Flandro to approve the continuing education verifications submitted.  Seconded by Dr. Snapp, carried.

Motion was made by Dr. Tiller to start requiring verification of current CPR training with all continuing education audits.  Seconded by Dr. Snapp, carried.

The board discussed allowing continuing education not used for current year, to be carried over for the next year.  The board decided to discuss this under proposed legislation at the next board meeting.

The board discussed continuing education given by the American Academy of Ophthalmologists.  The American Academy of Ophthalmologists are refusing to give Optometrists taking their continuing education courses a signed receipt stating that the Optometrist has attended.  Since a signed receipt is required by the State of Idaho for verification of attendance, Optometrists are unable to use these hours toward their continuing education requirements.  Mr. Hales noted that because Optometry rule #300.07 states that the Optometrist must verify attendance by signature or documentation from the instructor, the board would not be able to accept anything else as verification of attendance. 

Dr. Rietz gave the ARBO report.  ARBO is starting a new process of keeping track of Optometrists continuing education that has been obtained.  Every Optometrist will receive a card called an OE Tracker.  The licensee will scan this card going into and out of seminars.  This information will be stored on a website, that the public will have access to.  The board noted the downfall of this card is that ARBO would require that most education was COPE approved.   

The Veterans Association has requested a special examination to be given by ARBO for VA Optometrists.  They are requesting the opinions of this action from the State Boards.  It was decided that the Idaho State Board of Optometry is against this, as this could separate Optometrists and VA Optometrists into two separate professional categories.

The board discussed the costs to the public regarding contact lens fraud.  Data is being compiled that shows an increase in contact lens fraud. 

The board discussed proposing legislation to allow Optometrists to use light such as lasers and chemicals, to treat the eyes.  This will be discussed under proposed legislation at the next board meeting.

Ms. Jacobsen presented the annual board budget form.  This form is used for the board to complete should they foresee the need for additional monies.  The board noted that they would like to send two board members to the next ARBO meeting.  It was suggested that someone from the board should attend these meetings each year.

Motion was made by Dr. Snapp to request additional monies, and have the chairman sign the annual board budget form.  Seconded by Dr. Rietz, carried.

The next board meeting was scheduled for February 18, 2005 @ 1:00 p.m.

Motion was made by Dr. Tiller to adjourn at 5:10 p.m.  Seconded by Dr. Snapp, carried. 


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Last Modified - May 23, 2006