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

Minutes of October 6, 2006

ROLL CALL:                          John Rietz, Board Member, Board Chair

                                                Daniel Tiller, Board Member

                                                Michael Flandro, Board Member (absent)

                                                Donald James, Board Member

                                                Jack Zarybnisky, Board Member

      BUREAU STAFF:             Rayola Jacobsen, Bureau Chief

                                                Roger Hales, Administrative Attorney

                                                Cherie Simpson, Administrative Assistant II

            Carrie Gilstrap, Secretary

      ALSO PRESENT:             Nancy Kerr, Executive Director, Idaho Board of Medicine

                                                Jean Uranga, Board of Medicine

                                                Joyce Mc Roberts, Board of Medicine

            Kathy Lee, Idaho Society of Ophthalmology

            Kathy White, Idaho Society of Ophthalmology

            Ron Hodge, Idaho Medical Association

Roll Call established attendance at 8:35am

Introductions were made to the new Board member, Dr. Jack Zarybnisky.

Jean Uranga and Nancy Kerr, representatives from the Idaho Board of Medicine approached the Board to express their concern regarding a letter addressed to licensed Optometrists regarding scope of practice; they stated that in their opinion this far exceeds legislative authorization. The Idaho Board of Medicine (IBOM) representatives stated they want to come to a resolution and have appointed three lay members to meet with the board in a negotiation session.

The Optometry board commits to meeting with the IBOM representatives to resolve the issue of scope of practice.

Ron Hodge and Molly Steckel approached the board to introduce themselves as lobbyists for the Idaho Medical Association. The Board members have requested that Larry Benton also attend the negotiation session. Mr. Hodge expressed his gratitude towards the Optometry board and its members.

Nancy Kerr, the Executive Director for IBOM, stated she will contact the Bureau and schedule an available time to meet. 

Dr. Donald James made a motion to form a sub-committee with the names of who will serve at a later date. Seconded by Dr. Jack Zarybnisky, motion carried.


A motion was made by Dr. Daniel Tiller for the Board Chair to be Dr. John Rietz. Seconded by Dr. James, motion carried.

MINUTES for JULY 7, 2006

A motion was made by Dr. James to approve this set of minutes as amended. Dr. Tiller seconded, motion carried.


Ms. Jacobsen presented the financial report. A motion was made by Dr. Tiller to accept the financial report. Seconded by Dr. Zarybnisky, motion carried.


Ms. Jacobsen presented the investigative report. Discussion was held regarding open investigations. The board agreed to hold a conference call, if necessary, when board action was needed. A motion was made by Dr. Zarybnisky to accept the investigative report. Dr. James seconded, motion carried.

In regards to the negotiation session, Roger Hales, the Administrative Attorney, stated he would need some time to research information given by the IBOM as well as track any past legislation.

The Optometry Board has requested an equal number from each group for the negotiated rule making session.

Ms. Jacobsen, the Bureau Chief, suggested holding a conference call to discuss the CPT codes within their scope of practice.


54.1501.03 to add the language “including the use of an automated refracting device”

The Board approved the submission of two (2) separate legislative bills regarding the proposed law changes.

15.1501.08 to strike through the language “but shall not include the use of lasers for therapeutic purposes”

54.1525 to add the language: (1) The board may investigate any person engaged in optometry within the state of Idaho, or any person believed to have acted as an optometrist without being duly licensed as required by this chapter. Upon receipt of a written complaint, the board shall perform an investigation of the facts alleged. If the board investigation reveals that the alleged facts or received are sufficient to proceed with a formal action, the board may authorize the filing of an administrative complaint against a person and may seek injunctive relief prohibiting such person from engaging in the practice of optometry.  (2)  The board shall have the authority to impose a civil penalty in an amount not to exceed one thousand dollars ($1,000) for each violation of this chapter and to recover the costs and fees incurred in an investigation and prosecution against any unlicensed individual who violates any provision of this chapter.

The Board has requested a copy be distributed to each of the board members of the legislative bills once they have gone through.

The board discussed adding the language “entities” into their law. The Administrative Attorney, Roger Hales, pointed out the board only licenses individuals; therefore the board would not have the authority to put constraints on entities.

A motion was made by Dr. Tiller to accept the above law changes as amended. Dr. Zarybnisky seconded, motion carried.

The board has also requested the meeting minutes and the proposed law/rule changes be posted to the website within two (2) weeks.

A motion was made by Dr. Tiller to have the minutes distributed via e-mail to all members of the board as soon as they are approved for posting. Seconded by Dr. James, motion carried.

A motion was made by Dr. James to enter into executive session to discuss application files exempt from public disclosure. Seconded by Dr. Rietz, motion carried.

Moved by Dr. James to come out of executive session. Seconded by Dr. Tiller, motion carried.


OPTA-100120; OPTA-100121; OPTA-100123; OPTA-100126;

A motion was made by Dr. Zarybnisky to accept the above applications for endorsement. Seconded by Dr. Tiller, motion carried.

The board discussed having Dr. Zarybnisky become the new contact person for continuing education approval, Dr. Zarybnisky agreed.

A motion was made by Dr. James to allow two (2) board members to attend the annual Idaho Optometric Physicians board meeting as representatives for the state, to include expenses incurred for reimbursement. Dr. Zarybnisky seconded, motion carried.

A motion was made by Dr. Zarybnisky to reimburse the expenses incurred for a board member to attend the upcoming ARBO meeting in Portland, Oregon. Seconded by Dr. James, motion carried.

The next scheduled meeting is set for February 16, 2006 @ 8:30am

The board also requested discussion of level licensure during their next meeting.

A motion was made by Dr. Tiller to adjourn the meeting at 12:10 p.m. Seconded by Dr. Zarybnisky, motion carried.