§ 25-24-1-1 — Indiana optometry board; organization; powers and duties

Indiana § 25-24-1-1

• Jurisdiction: Indiana
• Title 25: PROFESSIONS AND OCCUPATIONS
• Art. 24: OPTOMETRISTS
• Ch. 1: Regulation of Optometrists ─ Creation of Board

Text

(a) There is created the Indiana optometry
board (referred to in this chapter as the board), whose duty it shall be
to carry out this chapter. The board shall consist of five (5) members
appointed by the governor. Subject to IC 25-1-6.5-3, four (4) of these
members must have been resident optometrists, licensed under this
chapter, engaged in the actual practice of optometry in Indiana for a
period of five (5) years prior to their appointment, and not more than
three (3) of the optometrist members may belong to the same political
party. Subject to IC 25-1-6.5-3, the fifth member of the board, to
represent the general public, shall be a resident of this state who has
never been associated with optometry in any way other than as a
consumer. The appointed members appointed before July 1, 2019, shall
serve for a term of three (3) years each, and each shall hold office until
a successor is appointed. The appointed members appointed after June
30, 2019, shall serve a term under IC 25-1-6.5. A member may be
removed under IC 25-1-6.5-4. The members of the board, before
entering on their duties, shall each take and subscribe to the oath
required to be taken by other state officers, which shall be administered
by the secretary of state and filed in the office of the secretary of state,
and the board shall have a common seal. The board:
(1) shall administer oaths and take affidavits as required by this
chapter, certified under the hand and the seal of the board;
(2) shall require the attendance of witnesses and the production
of books, records, and papers pertinent to any matters coming
before the board; and
(3) for that purpose may issue a subpoena for any witness or a
subpoena duces tecum to compel the production of any books,
records, papers, or documents, directed to the sheriff of the county
where the witness resides or is to be found, which shall be served
and returned in the same manner as subpoenas in civil actions in
the circuit court are served and returned.
(b) The board shall adopt rules, and do any and all things not
inconsistent with this chapter which may be necessary or expedient for
the effective enforcement of this chapter, for the full and efficient
performance of its duties under this chapter, and for the reasonable
regulation of the profession and practice thereof by persons licensed
under this chapter.
(c) The board shall adopt rules, not inconsistent with this chapter,
governing applicants and applications for license under this chapter
and governing the examination of applicants before beginning the
practice of optometry in this state, and shall establish a schedule of
qualifications of applicants, and a schedule of the minimum
requirements with which applicants for examination must comply
before they can be examined or receive a license, which schedules of
qualifications of applicants and of minimum requirements shall be kept
in a record for that purpose by the board.
(d) The board shall establish and record, in a record kept for that
purpose, a schedule of the minimum requirements and rules for the
recognition of schools of optometry, so as to keep the requirements of
proficiency up to the average standard of other states.
(e) The board shall adopt rules establishing standards for the
competent practice of optometry.
(f) The board shall assist in the prosecution of any violation of this
chapter and assist in the enforcement of this chapter.
(g) The board shall utilize, when expedient, an agent whose title
shall be inspector of the board, who shall hold office during the
pleasure of the board and who shall, while in office, serve and execute
any process or order issued by the board under this chapter. Such
agents may enter any optometrist's establishment or any place where
the optometrist is located for the purpose of practicing the optometry
profession to inspect the premises and the licenses of all optometrists
operating therein, and the inspector may inspect all instruments and
patient records used in the conduct of the profession and all ophthalmic
materials which are to be delivered to the public.
(h) The board shall utilize the services of attorneys and other
necessary assistants in carrying out this chapter.
(i) The board may:
(1) grant or refuse to grant licenses as provided in this chapter;
(2) place any licensee on probation; and
(3) revoke or suspend the license, as provided in this chapter, of
any optometrist for any violation of this chapter or for a violation
of any rule of the board.
(j) The board has such other powers and duties as may be provided
in this chapter.
Formerly: Acts 1907, c.187, s.1; Acts 1913, c.359, s.2; Acts
1919, c.207, s.1; Acts 1929, c.45, s.1; Acts 1935, c.38, s.1. As amended
by Acts 1977, P.L.172, SEC.31; Acts 1979, P.L.17, SEC.47; Acts 1981,
P.L.222, SEC.177; Acts 1982, P.L.113, SEC.60; P.L.169-1985,
SEC.79; P.L.249-2019, SEC.112.