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 (referred
to in this chapter as the board), whose duty it shall be to carry out
this chapter. The board shall consist of six (6) members appointed by
the governor. Five (5) 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. The sixth 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 shall serve for a
term of three (3) years each, and each shall hold his office until his
successor is appointed. Appointment to fill vacancies from any cause
shall be made by the governor for the residue of the term. 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 his
office; 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.
IC 25-24-1-2 Meetings; quorum; record
Sec. 2. The board shall annually elect from its members a
president and secretary. The board shall meet at least once each year,
at Indianapolis, Indiana, and in addition thereto whenever and
wherever the president and secretary thereof shall call a meeting; a
majority of the board shall at all times constitute a quorum. The
secretary provided for the board shall keep a full record of the
proceedings of the board, which record shall at all reasonable times
be open to public inspection. (Formerly: Acts 1907, c.187, s.2; Acts 1935, c.38, s.2.) As amended
by 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 this
chapter, or those excepted from the taking of an examination under
this chapter, before beginning the practice of optometry in this state,
must pass an examination which shall be given or approved by the
board.
(b) Any person desiring to be licensed by the board must fill out
an application furnished by the board, which application must be
verified by the applicant, and the applicant must file the verified
application with the board. The applicant shall pay an application fee
set by the board under section 1 of this chapter. If the applicant meets
the requirements for licensure the applicant shall pay a further sum
set by the board under section 1 of this chapter before the board may
issue a license to the applicant.
(c) All persons successfully passing the examination and meeting
the requirements of the board shall be registered in a record and shall
also receive a license to be signed by the president and secretary of
the board.
(d) Any applicant may, at the discretion of the board, be licensed
if the applicant presents evidence that the applicant has been issued
a license by any other state where the requirements for licensure are,
in the opinion of the board, equivalent to the requirements for
licensure in this state, provided that the applicant has not previously
failed an examination given or approved by the board. The fee for
licensing such applicant shall be set by the board under section 1 of
this chapter.
(e) A license issued under this section is valid for the remainder
of 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 board
may issue or renew a limited license to practice optometry at the
Indiana University School of Optometry if the applicant:
(1) holds an active license in another jurisdiction; and
(2) meets the continuing education requirements under section
14.1 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 to
administer, dispense, or prescribe legend drugs unless the holder of
the 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 one
of the following acts, or any combination of, or part of the following
acts:
(a) The examination or diagnosis of the human eye, to ascertain
the presence of abnormal conditions or functions which may be
diagnosed, corrected, remedied or relieved, or the application or
prescription of lenses, prisms, exercises, or any physical, mechanical,
physiological or psychological therapy, or the employment of any
means, for the purpose of detecting any diseased or pathological
condition of the eye, or the effects of any diseased or pathological
condition of the eye, which may have any significance in a complete
optometric diagnosis of the eye or its associated structures.
(b) The application, use, or adaption of physical, anatomical,
physiological, psychological or any other principles through
scientific professional methods and devices, to the examination of
the eyes and vision, measuring their function for the purpose of
determining the nature and degree of their departure from the normal,
if any, and adopting optical, physiological and psychological
measures and/or the furnishing or providing any prosthetic or
therapeutic 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 to
physicians and surgeons who have been authorized to practice
medicine, surgery (as described in IC 25-22.5-1-1.1(a)(1)(C)), and
obstetrics under the laws of the state of Indiana. (Formerly: Acts 1907, c.187, s.6; Acts 1935, c.38, s.5.) As amended
by 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 article
shall display it in a conspicuous part of the office in which the
licensee practices optometry. Whenever practicing the profession of
optometry outside of, or away from, the office or place of business,
the licensee shall make available to each patient or person fitted with
ophthalmic materials the licensee's name, office address, and number
of 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 compensation
a salary per diem for each day actually engaged in the duties of his
office and necessary travel expenses incurred in attending the
meetings of the board in accordance with travel policies and
procedures established by the department of administration and the
state budget agency. All expenses shall be paid from the general fund
upon appropriation being made therefor in the manner provided by
law for the making of such appropriations. All fees and assessments
received under the provisions of this chapter shall be deposited with
the treasurer of the state of Indiana, and be deposited by him in the
general fund of the state. The treasurer shall pay the per diem
expenses as provided herein only on the itemized verified statement
of the person entitled thereto. In accordance with IC 25-1-5, said
board is expressly authorized to use any part of said appropriated
funds available for the purpose of assisting in prosecuting any person
violating any of the provisions of this chapter, or for the purpose of
enforcing 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 professional
licensing agency shall issue a sixty (60) day notice of expiration and
a license renewal application in accordance with IC 25-1-2-6 to each
optometrist licensed in Indiana. The application shall be mailed to
the last known address of the optometrist.
(b) The payment of the renewal fee must be made on or before the
date established by the licensing agency under IC 25-1-5-4. The
applicant's license expires and becomes invalid if the applicant has
not paid the renewal fee by the date established by the licensing
agency.
(c) The license shall be reinstated by the board not later than three
(3) years after its expiration if the applicant for reinstatement meets
the requirements under IC 25-1-8-6(c).
(d) Reinstatement of an expired license after the expiration of the
three (3) year period provided in subsection (c) is dependent upon
the applicant satisfying the requirements for reinstatement under
IC 25-1-8-6(d).
(e) The board may classify a license as inactive if the board
receives written notification from a licensee stating that the licensee
will not maintain an office or practice optometry in Indiana. The
renewal fee for an inactive license is one-half (1/2) the license
renewal fee set by the board under section 1 of this chapter.
(f) The holder of an inactive license is not required to fulfill
continuing education requirements set by the board. The board may
issue 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 this
chapter;
(2) pays the reinstatement fee set by the board under section 1
of this chapter; and
(3) subject to IC 25-1-4-3, attests that the applicant obtained the
continuing education required by the board under section 1 of
this chapter for each year, or portion of a year during which the
applicant'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; Acts
1981, 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 the
board until the applicant submits proof satisfactory to the board that
subsequent to the issuance of his license, or last renewal thereof, he
has completed continuing professional education, including
postgraduate studies, institutes, seminars, lectures, conferences,
workshops, and such other forms of continuing professional
education as may be approved by the board. The number of hours
and other requirements relating to this section shall be established by
the 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 this
chapter:
(1) For any person or persons to open an office for the purpose
of practicing optometry in this state, or to announce to the
public in any way an intention to practice optometry in any
county in this state, without first having obtained a license from
the board.
(2) For any person or persons, except a licensed optometrist or
optometrists under this chapter whose licenses have not been
revoked or lapsed, to hold himself out by the use of any sign,
newspaper, advertisement, pamphlet, circular, or any other
means as qualified to practice optometry.
(3) For any person or persons, except a licensed optometrist or
optometrists under this chapter whose licenses have not been
revoked or lapsed, to have possession of any trial lenses, trial
frames, graduated test cards, or other appliances or instruments
used in the practice of optometry for the purpose of rendering
assistance to patrons in the selection of contact lenses, lenses,
or eyeglasses, or to sell ophthalmic lenses or to replace broken
contact lenses or lenses in eyeglasses except upon the
prescription of a regularly licensed optometrist, or a physician
and surgeon exempted by this chapter. An ophthalmic lens,
within the meaning of this chapter, is any lens which has a
spherical or cylindrical or prismatic power or value and is
ground pursuant to a prescription.
(4) For any person, not licensed under this chapter or who has
not paid the annual renewal fee as in this chapter provided to be
paid, 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 B
misdemeanor. (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 or
persons are engaged in the illegal practice of optometry as defined by
this chapter, or that any person or persons are engaged in the practice
of optometry without a license as required by this chapter, or that any
person or persons are engaged in the practice of optometry in
violation of this chapter, then the board, may, in addition to any other
remedies provided for in this chapter, bring an action in the name of
the state, on the relation of the board, against such person or persons,
or against any other person or persons concerned in or in any way
participating in such illegal practice of optometry as defined by this
chapter, or against any person or persons engaged in the practice of
optometry without a license as required by this chapter, or against
any person or persons engaged in the practice of optometry in
violation of this chapter, to enjoin such person or persons, or such
other person or persons:
(1) from continuing the illegal practice of optometry as defined
by this chapter;
(2) from engaging in the practice of optometry without a license
as required by this chapter;
(3) from engaging in the practice of optometry in violation of
this chapter; or
(4) from doing any other act or acts in furtherance thereof.
(b) In an action under subsection (a), a judgment may be entered
awarding such injunction as may be proper. (Formerly: Acts 1907, c.187, s.19a; Acts 1935, c.38, s.13.) As
amended 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 of
registration 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 notices
sent for the practice of optometry in Indiana shall be for licenses and
not for certificates of registration. For the purposes of this chapter,
all certificates of registration and renewals for certificates of
registration 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.
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 (referred
to in this chapter as the board), whose duty it shall be to carry out
this chapter. The board shall consist of six (6) members appointed by
the governor. Five (5) 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. The sixth 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 shall serve for a
term of three (3) years each, and each shall hold his office until his
successor is appointed. Appointment to fill vacancies from any cause
shall be made by the governor for the residue of the term. 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 his
office; 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.
IC 25-24-1-2 Meetings; quorum; record
Sec. 2. The board shall annually elect from its members a
president and secretary. The board shall meet at least once each year,
at Indianapolis, Indiana, and in addition thereto whenever and
wherever the president and secretary thereof shall call a meeting; a
majority of the board shall at all times constitute a quorum. The
secretary provided for the board shall keep a full record of the
proceedings of the board, which record shall at all reasonable times
be open to public inspection. (Formerly: Acts 1907, c.187, s.2; Acts 1935, c.38, s.2.) As amended
by 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 this
chapter, or those excepted from the taking of an examination under
this chapter, before beginning the practice of optometry in this state,
must pass an examination which shall be given or approved by the
board.
(b) Any person desiring to be licensed by the board must fill out
an application furnished by the board, which application must be
verified by the applicant, and the applicant must file the verified
application with the board. The applicant shall pay an application fee
set by the board under section 1 of this chapter. If the applicant meets
the requirements for licensure the applicant shall pay a further sum
set by the board under section 1 of this chapter before the board may
issue a license to the applicant.
(c) All persons successfully passing the examination and meeting
the requirements of the board shall be registered in a record and shall
also receive a license to be signed by the president and secretary of
the board.
(d) Any applicant may, at the discretion of the board, be licensed
if the applicant presents evidence that the applicant has been issued
a license by any other state where the requirements for licensure are,
in the opinion of the board, equivalent to the requirements for
licensure in this state, provided that the applicant has not previously
failed an examination given or approved by the board. The fee for
licensing such applicant shall be set by the board under section 1 of
this chapter.
(e) A license issued under this section is valid for the remainder
of 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 board
may issue or renew a limited license to practice optometry at the
Indiana University School of Optometry if the applicant:
(1) holds an active license in another jurisdiction; and
(2) meets the continuing education requirements under section
14.1 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 to
administer, dispense, or prescribe legend drugs unless the holder of
the 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 one
of the following acts, or any combination of, or part of the following
acts:
(a) The examination or diagnosis of the human eye, to ascertain
the presence of abnormal conditions or functions which may be
diagnosed, corrected, remedied or relieved, or the application or
prescription of lenses, prisms, exercises, or any physical, mechanical,
physiological or psychological therapy, or the employment of any
means, for the purpose of detecting any diseased or pathological
condition of the eye, or the effects of any diseased or pathological
condition of the eye, which may have any significance in a complete
optometric diagnosis of the eye or its associated structures.
(b) The application, use, or adaption of physical, anatomical,
physiological, psychological or any other principles through
scientific professional methods and devices, to the examination of
the eyes and vision, measuring their function for the purpose of
determining the nature and degree of their departure from the normal,
if any, and adopting optical, physiological and psychological
measures and/or the furnishing or providing any prosthetic or
therapeutic 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 to
physicians and surgeons who have been authorized to practice
medicine, surgery (as described in IC 25-22.5-1-1.1(a)(1)(C)), and
obstetrics under the laws of the state of Indiana. (Formerly: Acts 1907, c.187, s.6; Acts 1935, c.38, s.5.) As amended
by 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 article
shall display it in a conspicuous part of the office in which the
licensee practices optometry. Whenever practicing the profession of
optometry outside of, or away from, the office or place of business,
the licensee shall make available to each patient or person fitted with
ophthalmic materials the licensee's name, office address, and number
of 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 compensation
a salary per diem for each day actually engaged in the duties of his
office and necessary travel expenses incurred in attending the
meetings of the board in accordance with travel policies and
procedures established by the department of administration and the
state budget agency. All expenses shall be paid from the general fund
upon appropriation being made therefor in the manner provided by
law for the making of such appropriations. All fees and assessments
received under the provisions of this chapter shall be deposited with
the treasurer of the state of Indiana, and be deposited by him in the
general fund of the state. The treasurer shall pay the per diem
expenses as provided herein only on the itemized verified statement
of the person entitled thereto. In accordance with IC 25-1-5, said
board is expressly authorized to use any part of said appropriated
funds available for the purpose of assisting in prosecuting any person
violating any of the provisions of this chapter, or for the purpose of
enforcing 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 professional
licensing agency shall issue a sixty (60) day notice of expiration and
a license renewal application in accordance with IC 25-1-2-6 to each
optometrist licensed in Indiana. The application shall be mailed to
the last known address of the optometrist.
(b) The payment of the renewal fee must be made on or before the
date established by the licensing agency under IC 25-1-5-4. The
applicant's license expires and becomes invalid if the applicant has
not paid the renewal fee by the date established by the licensing
agency.
(c) The license shall be reinstated by the board not later than three
(3) years after its expiration if the applicant for reinstatement meets
the requirements under IC 25-1-8-6(c).
(d) Reinstatement of an expired license after the expiration of the
three (3) year period provided in subsection (c) is dependent upon
the applicant satisfying the requirements for reinstatement under
IC 25-1-8-6(d).
(e) The board may classify a license as inactive if the board
receives written notification from a licensee stating that the licensee
will not maintain an office or practice optometry in Indiana. The
renewal fee for an inactive license is one-half (1/2) the license
renewal fee set by the board under section 1 of this chapter.
(f) The holder of an inactive license is not required to fulfill
continuing education requirements set by the board. The board may
issue 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 this
chapter;
(2) pays the reinstatement fee set by the board under section 1
of this chapter; and
(3) subject to IC 25-1-4-3, attests that the applicant obtained the
continuing education required by the board under section 1 of
this chapter for each year, or portion of a year during which the
applicant'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; Acts
1981, 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 the
board until the applicant submits proof satisfactory to the board that
subsequent to the issuance of his license, or last renewal thereof, he
has completed continuing professional education, including
postgraduate studies, institutes, seminars, lectures, conferences,
workshops, and such other forms of continuing professional
education as may be approved by the board. The number of hours
and other requirements relating to this section shall be established by
the 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 this
chapter:
(1) For any person or persons to open an office for the purpose
of practicing optometry in this state, or to announce to the
public in any way an intention to practice optometry in any
county in this state, without first having obtained a license from
the board.
(2) For any person or persons, except a licensed optometrist or
optometrists under this chapter whose licenses have not been
revoked or lapsed, to hold himself out by the use of any sign,
newspaper, advertisement, pamphlet, circular, or any other
means as qualified to practice optometry.
(3) For any person or persons, except a licensed optometrist or
optometrists under this chapter whose licenses have not been
revoked or lapsed, to have possession of any trial lenses, trial
frames, graduated test cards, or other appliances or instruments
used in the practice of optometry for the purpose of rendering
assistance to patrons in the selection of contact lenses, lenses,
or eyeglasses, or to sell ophthalmic lenses or to replace broken
contact lenses or lenses in eyeglasses except upon the
prescription of a regularly licensed optometrist, or a physician
and surgeon exempted by this chapter. An ophthalmic lens,
within the meaning of this chapter, is any lens which has a
spherical or cylindrical or prismatic power or value and is
ground pursuant to a prescription.
(4) For any person, not licensed under this chapter or who has
not paid the annual renewal fee as in this chapter provided to be
paid, 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 B
misdemeanor. (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 or
persons are engaged in the illegal practice of optometry as defined by
this chapter, or that any person or persons are engaged in the practice
of optometry without a license as required by this chapter, or that any
person or persons are engaged in the practice of optometry in
violation of this chapter, then the board, may, in addition to any other
remedies provided for in this chapter, bring an action in the name of
the state, on the relation of the board, against such person or persons,
or against any other person or persons concerned in or in any way
participating in such illegal practice of optometry as defined by this
chapter, or against any person or persons engaged in the practice of
optometry without a license as required by this chapter, or against
any person or persons engaged in the practice of optometry in
violation of this chapter, to enjoin such person or persons, or such
other person or persons:
(1) from continuing the illegal practice of optometry as defined
by this chapter;
(2) from engaging in the practice of optometry without a license
as required by this chapter;
(3) from engaging in the practice of optometry in violation of
this chapter; or
(4) from doing any other act or acts in furtherance thereof.
(b) In an action under subsection (a), a judgment may be entered
awarding such injunction as may be proper. (Formerly: Acts 1907, c.187, s.19a; Acts 1935, c.38, s.13.) As
amended 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 of
registration 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 notices
sent for the practice of optometry in Indiana shall be for licenses and
not for certificates of registration. For the purposes of this chapter,
all certificates of registration and renewals for certificates of
registration 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.
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 (referred
to in this chapter as the board), whose duty it shall be to carry out
this chapter. The board shall consist of six (6) members appointed by
the governor. Five (5) 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. The sixth 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 shall serve for a
term of three (3) years each, and each shall hold his office until his
successor is appointed. Appointment to fill vacancies from any cause
shall be made by the governor for the residue of the term. 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 his
office; 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.
IC 25-24-1-2 Meetings; quorum; record
Sec. 2. The board shall annually elect from its members a
president and secretary. The board shall meet at least once each year,
at Indianapolis, Indiana, and in addition thereto whenever and
wherever the president and secretary thereof shall call a meeting; a
majority of the board shall at all times constitute a quorum. The
secretary provided for the board shall keep a full record of the
proceedings of the board, which record shall at all reasonable times
be open to public inspection. (Formerly: Acts 1907, c.187, s.2; Acts 1935, c.38, s.2.) As amended
by 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 this
chapter, or those excepted from the taking of an examination under
this chapter, before beginning the practice of optometry in this state,
must pass an examination which shall be given or approved by the
board.
(b) Any person desiring to be licensed by the board must fill out
an application furnished by the board, which application must be
verified by the applicant, and the applicant must file the verified
application with the board. The applicant shall pay an application fee
set by the board under section 1 of this chapter. If the applicant meets
the requirements for licensure the applicant shall pay a further sum
set by the board under section 1 of this chapter before the board may
issue a license to the applicant.
(c) All persons successfully passing the examination and meeting
the requirements of the board shall be registered in a record and shall
also receive a license to be signed by the president and secretary of
the board.
(d) Any applicant may, at the discretion of the board, be licensed
if the applicant presents evidence that the applicant has been issued
a license by any other state where the requirements for licensure are,
in the opinion of the board, equivalent to the requirements for
licensure in this state, provided that the applicant has not previously
failed an examination given or approved by the board. The fee for
licensing such applicant shall be set by the board under section 1 of
this chapter.
(e) A license issued under this section is valid for the remainder
of 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 board
may issue or renew a limited license to practice optometry at the
Indiana University School of Optometry if the applicant:
(1) holds an active license in another jurisdiction; and
(2) meets the continuing education requirements under section
14.1 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 to
administer, dispense, or prescribe legend drugs unless the holder of
the 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 one
of the following acts, or any combination of, or part of the following
acts:
(a) The examination or diagnosis of the human eye, to ascertain
the presence of abnormal conditions or functions which may be
diagnosed, corrected, remedied or relieved, or the application or
prescription of lenses, prisms, exercises, or any physical, mechanical,
physiological or psychological therapy, or the employment of any
means, for the purpose of detecting any diseased or pathological
condition of the eye, or the effects of any diseased or pathological
condition of the eye, which may have any significance in a complete
optometric diagnosis of the eye or its associated structures.
(b) The application, use, or adaption of physical, anatomical,
physiological, psychological or any other principles through
scientific professional methods and devices, to the examination of
the eyes and vision, measuring their function for the purpose of
determining the nature and degree of their departure from the normal,
if any, and adopting optical, physiological and psychological
measures and/or the furnishing or providing any prosthetic or
therapeutic 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 to
physicians and surgeons who have been authorized to practice
medicine, surgery (as described in IC 25-22.5-1-1.1(a)(1)(C)), and
obstetrics under the laws of the state of Indiana. (Formerly: Acts 1907, c.187, s.6; Acts 1935, c.38, s.5.) As amended
by 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 article
shall display it in a conspicuous part of the office in which the
licensee practices optometry. Whenever practicing the profession of
optometry outside of, or away from, the office or place of business,
the licensee shall make available to each patient or person fitted with
ophthalmic materials the licensee's name, office address, and number
of 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 compensation
a salary per diem for each day actually engaged in the duties of his
office and necessary travel expenses incurred in attending the
meetings of the board in accordance with travel policies and
procedures established by the department of administration and the
state budget agency. All expenses shall be paid from the general fund
upon appropriation being made therefor in the manner provided by
law for the making of such appropriations. All fees and assessments
received under the provisions of this chapter shall be deposited with
the treasurer of the state of Indiana, and be deposited by him in the
general fund of the state. The treasurer shall pay the per diem
expenses as provided herein only on the itemized verified statement
of the person entitled thereto. In accordance with IC 25-1-5, said
board is expressly authorized to use any part of said appropriated
funds available for the purpose of assisting in prosecuting any person
violating any of the provisions of this chapter, or for the purpose of
enforcing 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 professional
licensing agency shall issue a sixty (60) day notice of expiration and
a license renewal application in accordance with IC 25-1-2-6 to each
optometrist licensed in Indiana. The application shall be mailed to
the last known address of the optometrist.
(b) The payment of the renewal fee must be made on or before the
date established by the licensing agency under IC 25-1-5-4. The
applicant's license expires and becomes invalid if the applicant has
not paid the renewal fee by the date established by the licensing
agency.
(c) The license shall be reinstated by the board not later than three
(3) years after its expiration if the applicant for reinstatement meets
the requirements under IC 25-1-8-6(c).
(d) Reinstatement of an expired license after the expiration of the
three (3) year period provided in subsection (c) is dependent upon
the applicant satisfying the requirements for reinstatement under
IC 25-1-8-6(d).
(e) The board may classify a license as inactive if the board
receives written notification from a licensee stating that the licensee
will not maintain an office or practice optometry in Indiana. The
renewal fee for an inactive license is one-half (1/2) the license
renewal fee set by the board under section 1 of this chapter.
(f) The holder of an inactive license is not required to fulfill
continuing education requirements set by the board. The board may
issue 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 this
chapter;
(2) pays the reinstatement fee set by the board under section 1
of this chapter; and
(3) subject to IC 25-1-4-3, attests that the applicant obtained the
continuing education required by the board under section 1 of
this chapter for each year, or portion of a year during which the
applicant'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; Acts
1981, 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 the
board until the applicant submits proof satisfactory to the board that
subsequent to the issuance of his license, or last renewal thereof, he
has completed continuing professional education, including
postgraduate studies, institutes, seminars, lectures, conferences,
workshops, and such other forms of continuing professional
education as may be approved by the board. The number of hours
and other requirements relating to this section shall be established by
the 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 this
chapter:
(1) For any person or persons to open an office for the purpose
of practicing optometry in this state, or to announce to the
public in any way an intention to practice optometry in any
county in this state, without first having obtained a license from
the board.
(2) For any person or persons, except a licensed optometrist or
optometrists under this chapter whose licenses have not been
revoked or lapsed, to hold himself out by the use of any sign,
newspaper, advertisement, pamphlet, circular, or any other
means as qualified to practice optometry.
(3) For any person or persons, except a licensed optometrist or
optometrists under this chapter whose licenses have not been
revoked or lapsed, to have possession of any trial lenses, trial
frames, graduated test cards, or other appliances or instruments
used in the practice of optometry for the purpose of rendering
assistance to patrons in the selection of contact lenses, lenses,
or eyeglasses, or to sell ophthalmic lenses or to replace broken
contact lenses or lenses in eyeglasses except upon the
prescription of a regularly licensed optometrist, or a physician
and surgeon exempted by this chapter. An ophthalmic lens,
within the meaning of this chapter, is any lens which has a
spherical or cylindrical or prismatic power or value and is
ground pursuant to a prescription.
(4) For any person, not licensed under this chapter or who has
not paid the annual renewal fee as in this chapter provided to be
paid, 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 B
misdemeanor. (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 or
persons are engaged in the illegal practice of optometry as defined by
this chapter, or that any person or persons are engaged in the practice
of optometry without a license as required by this chapter, or that any
person or persons are engaged in the practice of optometry in
violation of this chapter, then the board, may, in addition to any other
remedies provided for in this chapter, bring an action in the name of
the state, on the relation of the board, against such person or persons,
or against any other person or persons concerned in or in any way
participating in such illegal practice of optometry as defined by this
chapter, or against any person or persons engaged in the practice of
optometry without a license as required by this chapter, or against
any person or persons engaged in the practice of optometry in
violation of this chapter, to enjoin such person or persons, or such
other person or persons:
(1) from continuing the illegal practice of optometry as defined
by this chapter;
(2) from engaging in the practice of optometry without a license
as required by this chapter;
(3) from engaging in the practice of optometry in violation of
this chapter; or
(4) from doing any other act or acts in furtherance thereof.
(b) In an action under subsection (a), a judgment may be entered
awarding such injunction as may be proper. (Formerly: Acts 1907, c.187, s.19a; Acts 1935, c.38, s.13.) As
amended 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 of
registration 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 notices
sent for the practice of optometry in Indiana shall be for licenses and
not for certificates of registration. For the purposes of this chapter,
all certificates of registration and renewals for certificates of
registration 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.
