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

Minutes of February 18, 2005


ROLL CALL:   Gary Walker, Chair

                        Steven Snapp, Vice Chair

                        John Rietz, Board Member

                         Daniel Tiller, Board Member

                         Michael Flandro, Board Member


STAFF:           Rayola Jacobsen, Bureau Chief

                        Roger Hales, Administrative Attorney

                        Stephanie Guyon, Deputy Attorney General

                        Sandee Hitesman, Office Specialist II

Chairman, Gary Walker, called meeting to order at 1:00 p.m.

Motion was made by Dr. Rietz to approve the minutes of the October 29, 2004 board meeting as written.   Seconded by Dr. Tiller, carried.

Ms. Jacobsen gave the legislative report.  HB-42, regarding birth date renewals for this profession, went across the legislative floor today. There has not been any opposition to this bill. 

Ms. Jacobsen gave the financial report.  The board has a balance of $12,379.87 in appropriation with a negative cash balance of $8,434.44.  Review of financial status at the next meeting may indicate the need to transfer funds from the special account.

Ms. Jacobsen gave the investigative report.  There have been three complaints for fiscal year 2005.  Two of these are currently under investigation, and one is under legal review.  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.

OPT-P1-1-2004-8 was reviewed.  Administrative Attorney, Roger Hales, will follow up with Deputy Attorney General, Ken Stringfield, to determine what took place between Mr. Stringfield and the Prosecuting Attorney.  Mr. Hales will bring back the determination to the board at the next board meeting.

OPT-2005-2 was reviewed. 

Motion was made by Dr. Snapp, based upon present law; the board agrees to close this case.  The board will revaluate this issue once the legislation from the Federal Government goes into effect.  Seconded by Dr. Tiller, carried.  The board asked that a copy of the letter be E-mailed to the board.

The board reviewed documentation to upgrade licenses to include Therapeutic privileges.

Motion was made by Dr. Flandro to go into executive session to discuss matters exempt from disclosure as provided in chapter 3, title 9, Idaho Code.  Seconded by Dr. Snapp, carried.

Motion was made by Dr. Tiller to come out of executive session.  Seconded by Dr. Snapp, carried.

Continuing Education audits were reviewed.  Two licensees were found to not be in compliance.  Board asked Ms. Hitesman to send a letter to these licensees asking for correct documentation.

Adding an inactive status to Optometry licensing was discussed.  The board decided this would not be added at this time.

Carrying over of continuing education credits were discussed.  Board reviewed rule 300.04.  The board decided not to propose legislation to allow carry over of continuing education at this time.

Allowing Optometrists to use lights to treat the eye was discussed.  It was noted that the board would need the support of the medical association.  The board decided not to propose legislation to this effect at this time.

Commercial Practice was discussed.  A copy of the State of Tennessee’s Statutes was handed out to the board.  Administrative Attorney, Roger Hales, noted that this legislation was very well written.  The board may want the Optometry Association to run this bill.  Mr. Hales noted he would be willing to help the association with the language for this bill if needed. 

Motion was made by Dr. Tiller to request the Bureau to draft language for proposed legislation to delete the board’s special account, and bring to the next board meeting.  Seconded by Dr. Flandro, carried. 

Mr. Hales noted that he would research the legislative basis for the board’s special account, and bring to the next board meeting.  Ms. Jacobsen will give to the board a flow chart on their expenses and finances.  Mr. Hales noted that the special account language was in the original language of the act.

Diagnostic Education was discussed.  The board would like every licensee to have a minimum of diagnostic training.  It was noted that diagnostic training alone, is no longer available.  Diagnostics are included with the therapeutic training.  Attorney, Roger Hales, noted that the board would be required to propose a law and rule change.  The board will consider proposing a law and rule change to this effect when they run the rest of the proposed changes.

Correspondence from a licensee asking if any regulations would be violated by having their optometric office within the retail establishment, in a separate section and clearly defined as an independent Optometrist and not a “department” of the actual store.   

Motion was made by Dr. Tiller to direct administrative attorney, Roger Hales, to respond to the licensee with a copy of Idaho’s laws and rules, directing the licensee to the specific law and rule that pertains to the question, and that they notify Mr. Hales with any further questions.  Seconded by Dr. Snapp, carried.

Next board meeting was scheduled for May 06, 2005 at 1:00 p.m.

Motion was made by Dr. Tiller to adjourn at 3:35 p.m.  Seconded by Dr. Rietz, carried.


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Last Modified - May 23, 2006