32-1704

32-1704. Powers and duties of the
board

A. The board shall adopt, and may amend, rules consistent with this chapter
governing the practice of the profession of optometry, for the performance of its duties
under this chapter and for the examination of applicants for licenses. The board shall
adopt and use a seal, administer oaths and take testimony concerning any matter within
its jurisdiction.

B. The board may not adopt a rule that:

1. Regulates a licensee's fees or charges to a patient.

2. Regulates the place in which a licensee may practice.

3. Prescribes the manner or method of accounting, billing or collection of fees.

4. Prohibits advertising by a licensee unless the advertising is inconsistent with
section 44-1481.

C. The board shall maintain its records in accordance with a retention schedule
approved by the Arizona state library, archives and public records.

D. The board shall adopt rules for criteria it must use to approve continuing
education programs for licensees. Programs shall be designed to assist licensees to
maintain competency, to become aware of new developments in the practice of the
profession of optometry and to increase management skills and administrative efficiency.
The board shall approve programs that meet these criteria.

E. The board may hire an executive director as an employee of the board. The
executive director is responsible for the performance of the regular administrative
functions of the board and such other administrative duties as the board may direct. The
executive director is eligible to receive compensation in an amount as determined
pursuant to section 38-611.

F. The board may hire or contract with investigators to assist in the investigation
of violations of this chapter, hire other employees required to carry out this chapter
and contract with other state agencies when required to carry out this chapter.

G. The board may:

1. Appoint advisory committees.

2. Issue subpoenas for the attendance of witnesses and the production of books,
records, documents and other evidence it deems relevant to an investigation or hearing.

3. Charge reasonable fees for materials it has printed at its own expense.

4. Delegate to the executive director, board staff and persons with whom the board
contracts the board's licensing and regulatory duties. The board shall adopt rules for
each specific licensing and regulatory duty the board delegates pursuant to this
paragraph.

H. The board may hire consultants and professional and clerical personnel as
required to perform its duties.

I. The board may contract with other state or federal agencies as required to carry
out this chapter.

J. Subject to the limitations of section 41-2544, the executive director may enter
into agreements to allow licensees to pay fees by alternative methods, including credit
cards, charge cards, debit cards and electronic funds transfers.

K. A person who is aggrieved by an action taken by the executive director, board
staff or person with whom the board contracts may request the board to review that action
by filing with the board a written request within thirty days after that person is
notified of the action by personal delivery or certified mail to that person's last known
residence or place of business. At the next regular board meeting, the board shall
review the action and approve, modify or reject the action.