CHAPTER 1. REGULATION OF OPTOMETRISTS . CREATION OF BOARD
IC 25-24
ARTICLE 24. OPTOMETRISTS
IC 25-24-1
Chapter 1. Regulation of Optometrists . Creation of Board
IC 25-24-1-1
Indiana optometry board; organization; powers and duties
Sec. 1. (a) There is created the Indiana optometry board (referredto in this chapter as the board), whose duty it shall be to carry outthis chapter. The board shall consist of six (6) members appointed bythe governor. Five (5) of these members must have been residentoptometrists, licensed under this chapter, engaged in the actualpractice of optometry in Indiana for a period of five (5) years priorto their appointment, and not more than three (3) of the optometristmembers may belong to the same political party. The sixth memberof the board, to represent the general public, shall be a resident ofthis state who has never been associated with optometry in any wayother than as a consumer. The appointed members shall serve for aterm of three (3) years each, and each shall hold his office until hissuccessor is appointed. Appointment to fill vacancies from any causeshall be made by the governor for the residue of the term. Themembers of the board, before entering on their duties, shall each takeand subscribe to the oath required to be taken by other state officers,which shall be administered by the secretary of state and filed in hisoffice; and the board shall have a common seal. The board:
(1) shall administer oaths and take affidavits as required by thischapter, certified under the hand and the seal of the board;
(2) shall require the attendance of witnesses and the productionof books, records, and papers pertinent to any matters comingbefore the board; and
(3) for that purpose may issue a subpoena for any witness or asubpoena duces tecum to compel the production of any books,records, papers, or documents, directed to the sheriff of thecounty where the witness resides or is to be found, which shallbe served and returned in the same manner as subpoenas in civilactions in the circuit court are served and returned.
(b) The board shall adopt rules, and do any and all things notinconsistent with this chapter which may be necessary or expedientfor the effective enforcement of this chapter, for the full and efficientperformance of its duties under this chapter, and for the reasonableregulation of the profession and practice thereof by persons licensedunder this chapter.
(c) The board shall adopt rules, not inconsistent with this chapter,governing applicants and applications for license under this chapterand governing the examination of applicants before beginning thepractice of optometry in this state, and shall establish a schedule ofqualifications of applicants, and a schedule of the minimumrequirements with which applicants for examination must comply
before they can be examined or receive a license, which schedules ofqualifications of applicants and of minimum requirements shall bekept in a record for that purpose by the board.
(d) The board shall establish and record, in a record kept for thatpurpose, a schedule of the minimum requirements and rules for therecognition of schools of optometry, so as to keep the requirementsof proficiency up to the average standard of other states.
(e) The board shall adopt rules establishing standards for thecompetent practice of optometry.
(f) The board shall assist in the prosecution of any violation ofthis chapter and assist in the enforcement of this chapter.
(g) The board shall utilize, when expedient, an agent whose titleshall be inspector of the board, who shall hold office during thepleasure of the board and who shall, while in office, serve andexecute any process or order issued by the board under this chapter.Such agents may enter any optometrist's establishment or any placewhere the optometrist is located for the purpose of practicing theoptometry profession to inspect the premises and the licenses of alloptometrists operating therein, and the inspector may inspect allinstruments and patient records used in the conduct of the professionand all ophthalmic materials which are to be delivered to the public.
(h) The board shall utilize the services of attorneys and othernecessary 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, ofany optometrist for any violation of this chapter or for aviolation of any rule of the board.
(j) The board has such other powers and duties as may beprovided 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 byActs 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.
IC 25-24-1-2
Meetings; quorum; record
Sec. 2. The board shall annually elect from its members apresident and secretary. The board shall meet at least once each year,at Indianapolis, Indiana, and in addition thereto whenever andwherever the president and secretary thereof shall call a meeting; amajority of the board shall at all times constitute a quorum. Thesecretary provided for the board shall keep a full record of theproceedings of the board, which record shall at all reasonable timesbe open to public inspection.
(Formerly: Acts 1907, c.187, s.2; Acts 1935, c.38, s.2.) As amendedby Acts 1981, P.L.222, SEC.178; Acts 1982, P.L.113, SEC.61.
IC 25-24-1-3
Examination; issuance of license; applicant licensed in other state;fees
Sec. 3. (a) Every person, except those exempted under thischapter, or those excepted from the taking of an examination underthis chapter, before beginning the practice of optometry in this state,must pass an examination which shall be given or approved by theboard.
(b) Any person desiring to be licensed by the board must fill outan application furnished by the board, which application must beverified by the applicant, and the applicant must file the verifiedapplication with the board. The applicant shall pay an application feeset by the board under section 1 of this chapter. If the applicant meetsthe requirements for licensure the applicant shall pay a further sumset by the board under section 1 of this chapter before the board mayissue a license to the applicant.
(c) All persons successfully passing the examination and meetingthe requirements of the board shall be registered in a record and shallalso receive a license to be signed by the president and secretary ofthe board.
(d) Any applicant may, at the discretion of the board, be licensedif the applicant presents evidence that the applicant has been issueda license by any other state where the requirements for licensure are,in the opinion of the board, equivalent to the requirements forlicensure in this state, provided that the applicant has not previouslyfailed an examination given or approved by the board. The fee forlicensing such applicant shall be set by the board under section 1 ofthis chapter.
(e) A license issued under this section is valid for the remainderof the renewal period in effect on the date of issuance.
(Formerly: Acts 1907, c.187, s.3; Acts 1919, c.207, s.2; Acts 1935,c.38, s.3; Acts 1973, P.L.258, SEC.1.) As amended by Acts 1977,P.L.172, SEC.32; Acts 1981, P.L.222, SEC.179; P.L.169-1985,SEC.80; P.L.149-1987, SEC.68; P.L.33-1993, SEC.43.
IC 25-24-1-3.1
Repealed
(Repealed by P.L.33-1993, SEC.74.)
IC 25-24-1-3.2
Issuance of limited license
Sec. 3.2. (a) Notwithstanding section 3 of this chapter, the boardmay issue or renew a limited license to practice optometry at theIndiana University School of Optometry if the applicant:
(1) holds an active license in another jurisdiction; and
(2) meets the continuing education requirements under section14.1 of this chapter.
(b) A limited license issued under this section is valid for two (2)years.
(c) A limited license issued under this section does not allow the
holder of the license to be granted or have renewed a certificate toadminister, dispense, or prescribe legend drugs unless the holder ofthe license meets the requirements of IC 25-24-3-12, IC 25-24-3-13,and IC 25-23-3-15.
As added by P.L.234-1995, SEC.19 and P.L.235-1995, SEC.9.Amended by P.L.157-2006, SEC.64.
IC 25-24-1-4
Practice of optometry defined
Sec. 4. The practice of optometry is hereby defined to be any oneof the following acts, or any combination of, or part of the followingacts:
(a) The examination or diagnosis of the human eye, to ascertainthe presence of abnormal conditions or functions which may bediagnosed, corrected, remedied or relieved, or the application orprescription of lenses, prisms, exercises, or any physical, mechanical,physiological or psychological therapy, or the employment of anymeans, for the purpose of detecting any diseased or pathologicalcondition of the eye, or the effects of any diseased or pathologicalcondition of the eye, which may have any significance in a completeoptometric diagnosis of the eye or its associated structures.
(b) The application, use, or adaption of physical, anatomical,physiological, psychological or any other principles throughscientific professional methods and devices, to the examination ofthe eyes and vision, measuring their function for the purpose ofdetermining the nature and degree of their departure from the normal,if any, and adopting optical, physiological and psychologicalmeasures and/or the furnishing or providing any prosthetic ortherapeutic devices for the emendation thereof.
(Formerly: Acts 1907, c.187, s.4; Acts 1913, c.359, s.3; Acts 1919,c.207, s.3; Acts 1935, c.38, s.4.)
IC 25-24-1-5
Application of chapter to physicians and surgeons
Sec. 5. Nothing in this chapter shall be considered to apply tophysicians and surgeons who have been authorized to practicemedicine, surgery (as described in IC 25-22.5-1-1.1(a)(1)(C)), andobstetrics under the laws of the state of Indiana.
(Formerly: Acts 1907, c.187, s.6; Acts 1935, c.38, s.5.) As amendedby Acts 1982, P.L.154, SEC.85; P.L.217-1993, SEC.3.
IC 25-24-1-6
Repealed
(Repealed by Acts 1977, P.L.172, SEC.56.)
IC 25-24-1-7
Repealed
(Repealed by Acts 1977, P.L.172, SEC.56.)
IC 25-24-1-8 Repealed
(Repealed by Acts 1977, P.L.172, SEC.56.)
IC 25-24-1-9
Repealed
(Repealed by Acts 1977, P.L.172, SEC.56.)
IC 25-24-1-10
Repealed
(Repealed by Acts 1977, P.L.172, SEC.56.)
IC 25-24-1-11
Repealed
(Repealed by Acts 1977, P.L.172, SEC.56.)
IC 25-24-1-12
Display of license
Sec. 12. Every person who is granted a license under this articleshall display it in a conspicuous part of the office in which thelicensee practices optometry. Whenever practicing the profession ofoptometry outside of, or away from, the office or place of business,the licensee shall make available to each patient or person fitted withophthalmic materials the licensee's name, office address, and numberof the license.
(Formerly: Acts 1907, c.187, s.14.) As amended by Acts 1977,P.L.172, SEC.33; P.L.169-1985, SEC.81.
IC 25-24-1-13
Compensation and expenses of board
Sec. 13. Each member of the board may receive as compensationa salary per diem for each day actually engaged in the duties of hisoffice and necessary travel expenses incurred in attending themeetings of the board in accordance with travel policies andprocedures established by the department of administration and thestate budget agency. All expenses shall be paid from the general fundupon appropriation being made therefor in the manner provided bylaw for the making of such appropriations. All fees and assessmentsreceived under the provisions of this chapter shall be deposited withthe treasurer of the state of Indiana, and be deposited by him in thegeneral fund of the state. The treasurer shall pay the per diemexpenses as provided herein only on the itemized verified statementof the person entitled thereto. In accordance with IC 25-1-5, saidboard is expressly authorized to use any part of said appropriatedfunds available for the purpose of assisting in prosecuting any personviolating any of the provisions of this chapter, or for the purpose ofenforcing by legal action, any of the provisions of this chapter.
(Formerly: Acts 1907, c.187, s.15; Acts 1913, c.359, s.5; Acts 1919,c.207, s.4; Acts 1935, c.38, s.8.) As amended by Acts 1976, P.L.119,SEC.17; Acts 1981, P.L.222, SEC.180.
IC 25-24-1-14
License renewal; fee; failure to renew; expiration of license;inactive license
Sec. 14. (a) In each even-numbered year, the Indiana professionallicensing agency shall issue a sixty (60) day notice of expiration anda license renewal application in accordance with IC 25-1-2-6 to eachoptometrist licensed in Indiana. The application shall be mailed tothe last known address of the optometrist.
(b) The payment of the renewal fee must be made on or before thedate established by the licensing agency under IC 25-1-5-4. Theapplicant's license expires and becomes invalid if the applicant hasnot paid the renewal fee by the date established by the licensingagency.
(c) The license shall be reinstated by the board not later than three(3) years after its expiration if the applicant for reinstatement meetsthe requirements under IC 25-1-8-6(c).
(d) Reinstatement of an expired license after the expiration of thethree (3) year period provided in subsection (c) is dependent uponthe applicant satisfying the requirements for reinstatement underIC 25-1-8-6(d).
(e) The board may classify a license as inactive if the boardreceives written notification from a licensee stating that the licenseewill not maintain an office or practice optometry in Indiana. Therenewal fee for an inactive license is one-half (1/2) the licenserenewal fee set by the board under section 1 of this chapter.
(f) The holder of an inactive license is not required to fulfillcontinuing education requirements set by the board. The board mayissue a license to the holder of an inactive license if the applicant:
(1) pays the renewal fee set by the board under section 1 of thischapter;
(2) pays the reinstatement fee set by the board under section 1of this chapter; and
(3) subject to IC 25-1-4-3, attests that the applicant obtained thecontinuing education required by the board under section 1 ofthis chapter for each year, or portion of a year during which theapplicant's license has been classified as inactive.
(Formerly: Acts 1907, c.187, s.16; Acts 1925, c.193, s.1; Acts 1929,c.45, s.2; Acts 1935, c.38, s.9; Acts 1972, P.L.187, SEC.1; Acts 1973,P.L.258, SEC.2.) As amended by Acts 1977, P.L.172, SEC.34; Acts1981, P.L.229, SEC.1; Acts 1981, P.L.222, SEC.181; P.L.169-1985,SEC.82; P.L.149-1987, SEC.70; P.L.48-1991, SEC.43;P.L.269-2001, SEC.24; P.L.1-2006, SEC.459; P.L.105-2008,SEC.45.
IC 25-24-1-14.1
Continuing professional education; renewal of license
Sec. 14.1. No biennial renewal license shall be issued by theboard until the applicant submits proof satisfactory to the board thatsubsequent to the issuance of his license, or last renewal thereof, hehas completed continuing professional education, including
postgraduate studies, institutes, seminars, lectures, conferences,workshops, and such other forms of continuing professionaleducation as may be approved by the board. The number of hoursand other requirements relating to this section shall be established bythe board.
(Formerly: Acts 1973, P.L.259, SEC.1.) As amended by Acts 1977,P.L.172, SEC.35; Acts 1981, P.L.229, SEC.2.
IC 25-24-1-15
Repealed
(Repealed by Acts 1981, P.L.222, SEC.296.)
IC 25-24-1-15.1
Repealed
(Repealed by P.L.152-1988, SEC.30.)
IC 25-24-1-16
Repealed
(Repealed by Acts 1981, P.L.222, SEC.296.)
IC 25-24-1-17
Specific violations
Sec. 17. The following are unlawful and a violation of thischapter:
(1) For any person or persons to open an office for the purposeof practicing optometry in this state, or to announce to thepublic in any way an intention to practice optometry in anycounty in this state, without first having obtained a license fromthe board.
(2) For any person or persons, except a licensed optometrist oroptometrists under this chapter whose licenses have not beenrevoked or lapsed, to hold himself out by the use of any sign,newspaper, advertisement, pamphlet, circular, or any othermeans as qualified to practice optometry.
(3) For any person or persons, except a licensed optometrist oroptometrists under this chapter whose licenses have not beenrevoked or lapsed, to have possession of any trial lenses, trialframes, graduated test cards, or other appliances or instrumentsused in the practice of optometry for the purpose of renderingassistance to patrons in the selection of contact lenses, lenses,or eyeglasses, or to sell ophthalmic lenses or to replace brokencontact lenses or lenses in eyeglasses except upon theprescription of a regularly licensed optometrist, or a physicianand surgeon exempted by this chapter. An ophthalmic lens,within the meaning of this chapter, is any lens which has aspherical or cylindrical or prismatic power or value and isground pursuant to a prescription.
(4) For any person, not licensed under this chapter or who hasnot paid the annual renewal fee as in this chapter provided to bepaid, to practice optometry as defined in this chapter.(Formerly: Acts 1907, c.187, s.18; Acts 1929, c.45, s.3; Acts 1935,c.38, s.12.) As amended by Acts 1977, P.L.172, SEC.38;P.L.252-1983, SEC.1.
IC 25-24-1-18
Violations
Sec. 18. A person who violates this chapter commits a Class Bmisdemeanor.
(Formerly: Acts 1907, c.187, s.19; Acts 1913, c.359, s.7; Acts 1929,c.45, s.4.) As amended by Acts 1978, P.L.2, SEC.2544.
IC 25-24-1-19
Injunction of violations
Sec. 19. (a) Whenever it appears to the board that any person orpersons are engaged in the illegal practice of optometry as defined bythis chapter, or that any person or persons are engaged in the practiceof optometry without a license as required by this chapter, or that anyperson or persons are engaged in the practice of optometry inviolation of this chapter, then the board, may, in addition to any otherremedies provided for in this chapter, bring an action in the name ofthe state, on the relation of the board, against such person or persons,or against any other person or persons concerned in or in any wayparticipating in such illegal practice of optometry as defined by thischapter, or against any person or persons engaged in the practice ofoptometry without a license as required by this chapter, or againstany person or persons engaged in the practice of optometry inviolation of this chapter, to enjoin such person or persons, or suchother person or persons:
(1) from continuing the illegal practice of optometry as definedby this chapter;
(2) from engaging in the practice of optometry without a licenseas required by this chapter;
(3) from engaging in the practice of optometry in violation ofthis chapter; or
(4) from doing any other act or acts in furtherance thereof.
(b) In an action under subsection (a), a judgment may be enteredawarding such injunction as may be proper.
(Formerly: Acts 1907, c.187, s.19a; Acts 1935, c.38, s.13.) Asamended by Acts 1977, P.L.172, SEC.39; P.L.169-1985, SEC.84.
IC 25-24-1-20
Certificates considered licenses
Sec. 20. All certificates issued by the Indiana state board ofregistration and examination in optometry issued prior to May 1,1977, shall be deemed to be licenses for the practice of optometry.All applications for the practice of optometry and all renewal noticessent for the practice of optometry in Indiana shall be for licenses andnot for certificates of registration. For the purposes of this chapter,all certificates of registration and renewals for certificates ofregistration for the practice of optometry shall be the same as
licenses and renewals for licenses issued subsequent to May 1, 1977.
As added by Acts 1977, P.L.172, SEC.40.