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

Minutes of November 17, 2005


ROLL CALL:       Steven Snapp, Chair

                                  John Rietz, Board Member

                           Daniel Tiller, Board Member

                                  Michael Flandro, Board Member

                                  Donald James, Board Member


BUREAU STAFF:      Rayola Jacobsen, Bureau Chief

                                     Budd Hetrick, Deputy Bureau Chief

                                     Roger Hales, Administrative Attorney

 Sandee Hitesman, Administrative Assistant II 


Chairman, Dr. Steven Snapp, called meeting to order at 9:03 a.m. 

Motion was made by Dr. Tiller to approve the minutes of the August 05, 2005 board meeting as written.   Seconded by Dr. Rietz, carried. 

Ms. Jacobsen gave the legislative report.  Proposed legislation has been presented.  The Bureau of Occupational Licenses is currently processing Contractor Registration applications.  This is keeping the Bureau extremely busy.  The Bureau has taken on four new boards this year.  With the addition of these new boards, this board’s indirect costs should decrease.   

Mr. Hetrick gave the financial report.  As of 10-31-2005, the board has a balance of $23,581.84 in appropriation with a negative cash balance of -$15,775.61.  The board has an appropriation of $54,956.17 in the special account with a cash balance of $69,552.12.  The Bureau will transfer funds from the special account to the Bureau account to cover the negative cash balance.   

Mr. Hetrick noted that the Bureau has taken the non-secure pages of the website off of the secure site.  You can now access the Board’s web page without typing in the “https”. 

Mr. Hetrick gave the investigative report.  There have not been any complaints for fiscal year 2006. There were 5 complaints for fiscal year 2005.  Two of those complaints are under investigation, one complaint is closed, and 2 complaints are ready for board determination.  There were 7 complaints for fiscal year 2004.  Two of those complaints are closed, 2 are closed subsequent to legal review, and three are currently under investigation.  There were 2 complaints for fiscal year 2003.  One of those complaints is closed, and one is currently under investigation.  

The board reviewed the following cases for board determination: 

OPT-S4-3-2005-2:  Motion was made by Dr. Tiller to close this case, with a copy of the investigation being sent to the Board of Medicine.  Seconded by Dr. Rietz, carried. 

OPT-L6A-2-2005-5:  Motion was made by Dr. James to recommend the Bureau send a letter of acknowledgment of the discipline and authorize a continuing education audit.  Seconded by Dr. Tiller, carried. 

The board reviewed Statute 54-1510, Revocation of Licenses, and Statue 54-1512, Penalties and Reinstatement. 

Mr. Hales addressed the board regarding deletion of the TMOD requirement in the Optometry law.  It was noted that the National Board is deleting the TMOD examination, and therefore it will no longer be available.  Mr. Hales noted that the board may need to differentiate in the law the approach for those practitioners who have been licensed for awhile, and new practitioners.  The AOA is asking that States not reference the TMOD examination in their law and rule.  The board noted that the State of Wyoming has deleted all references to the TMOD in their law, and it may be useful to reference their law when writing language for Idaho to delete the TMOD examination.  The board decided that this bill should be proposed to Legislation by the IOA.  Dr. Snapp is attending the next IOA meeting, and will discuss this at that meeting. 

The board reviewed a letter inquiring on corporate practice.  The board directed administrative attorney, Roger Hales, to contact this individual regarding Idaho’s laws and rules on corporate practice.  Dr. Snapp directed Mr. Hales to proposed some language for a law change on corporate practice, and Dr. Snapp will submit this language at the IOA meeting.   

The expiration date for continuing education credits was discussed.  It was asked if a licensee takes a continuing education course a few days after his renewal, could this count for that years renewal of his license?  Mr. Hales noted that the board does not have discretion to allow continuing education that is taken after the renewal date.  The board discussed proposing a law or rule change that would allow carry over hours of continuing education.   

A letter was presented to the board asking if Optometrists can order lab tests?  The board noted that ordering lab tests is within an Optometrists scope of practice. 

Discussion was held on CELMO, (Council on Endorsed Licensure Mobility for Optometrists.)Attorney, Roger Hales, noted that the board may not want to change the law to where applicants are forced to go through CELMO before being issued licensure in the State of Idaho.  The board directed attorney, Roger Hales, to review CELMO’s procedure, and bring back information to the board.   

The board discussed proposing a law change that would delete Opticians being exempt from the Optometry law.  Mr. Hales noted that this issue would be better addressed by the Idaho Optometric Association. 

Uniform licensure was discussed.  It was noted that Idaho does have a group of licensee’s that only hold Diagnostic privileges.  The board discussed deleting all types of licensure except the therapeutic licensure.  The board would allow a maximum of 5-years for that licensee’s who do not have therapeutic privileges, to obtain the education needed to qualify for therapeutics.  Dr. Snapp will propose this law change at the IOA meeting. 

The board discussed that contacts are considered medical devices, and according to Federal law, these cannot be dispensed by anyone other than a licensed Optometrist.  The board discussed with administrative attorney what action the board can take with those entities that are dispensing contact lenses against this federal law?  Attorney, Mr. Hales, noted that the board would need to contact the Federal prosecutor, or file a civil law suit.  It was noted that finances for this would come out of the board’s budget.  The board would like a law change that would allow the board to discipline unlicensed persons.  Dr. Snapp will take this recommendation to the IOA meeting. 

Each board member will take a section of the Idaho Optometry law and review for outdated language that needs to be deleted.  The board chairman, Dr. Snapp, directed the following board members to review these sections of the law: 

Dr. Snapp will review 54-1501 through 54-1505

Dr. Flandro will review 54-1506 through 54-1512

Dr. Tiller will review 54-1513 through 54-1516

Dr. Rietz will review 54-1517 through 54-1521

Dr. James will review 54-1522 through 54-1525 

Each board member will E-mail administrative attorney, Roger Hales, with any proposed law changes found, and Mr. Hales will write up the proposed language. 

The board reviewed continuing education audits.  The board denied the continuing education audit for licensee OPT-RPW-11-17-05.  The board noted that CPR courses do not count toward continuing education credits. 

The board discussed if chelation should be added to the list of surgical procedures that may be done in an office.  It was decided not to add this to the list. 

The next board meeting was scheduled for February 10, 2006 @ 9:00 a.m. 

Motion was made by Dr. Tiller to adjourn the meeting at 11:40 a.m.  Seconded by Dr. James, carried. 

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