Board of optometry created--members, qualifications, terms,vacancies--officers, election, duties--rulemaking.
336.130. 1. The governor, with the advice and consent of the senate,shall appoint six members, five persons from among such practicingoptometrists of the state as have had not less than five years' practicalexperience in optometry as defined in section 336.010 and one voting publicmember, who shall constitute "The State Board of Optometry". Each membershall be a United States citizen and a resident of Missouri for one year.No member of any optical school or college, or instructor in optometry, orperson connected in any way therewith, nor any person who as owner,stockholder or employee is connected with any manufacturing, wholesale,dispensing or jobbing house dealing in spectacles or optical supplies orinstruments used by optometrists shall be eligible to appointment upon thestate board of optometry. The term of all members shall be for a period offive years and until their successors shall be appointed and qualified. Ifany person, other than the public member, so appointed shall discontinuethe active practice of optometry during the period of his or herappointment, such person's term shall thereupon cease and the person shallbe at once removed by the governor. All vacancies, however occurring,shall be filled by appointment by the governor, with the advice and consentof the senate, and appointments made when the senate is not in sessionshall be confirmed at its next ensuing session. The members of the stateboard of optometry, before entering upon the discharge of their duties,shall make and file with the secretary of state, the constitutional oath ofoffice.
2. The public member shall be at the time of his or her appointment acitizen of the United States; a resident of this state for a period of oneyear and a registered voter; a person who is not and never was a member ofany profession licensed or regulated pursuant to this chapter or the spouseof such person; and a person who does not have and never has had amaterial, financial interest in either the providing of the professionalservices regulated by this chapter, or an activity or organization directlyrelated to any profession licensed or regulated pursuant to this chapter.All members, including public members, shall be chosen from lists submittedby the director of the division of professional registration. The dutiesof the public member shall not include the determination of the technicalrequirements to be met for licensure or whether any person meets suchtechnical requirements or of the technical competence or technical judgmentof a licensee or a candidate for licensure.
3. The members of said board shall meet and organize by electing apresident, a vice president, and a secretary.
4. The board shall prescribe the duties of its officers and adoptrules and regulations, not inconsistent with this chapter, to govern itsproceedings; and also shall adopt a seal.
5. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in thischapter shall become effective only if it complies with and is subject toall of the provisions of chapter 536, RSMo, and, if applicable, section536.028, RSMo. All rulemaking authority delegated prior to August 28,1999, is of no force and effect and repealed. Nothing in this sectionshall be interpreted to repeal or affect the validity of any rule filed oradopted prior to August 28, 1999, if it fully complied with all applicableprovisions of law. This section and chapter 536, RSMo, are nonseverableand if any of the powers vested with the general assembly pursuant tochapter 536, RSMo, to review, to delay the effective date or to disapproveand annul a rule are subsequently held unconstitutional, then the grant ofrulemaking authority and any rule proposed or adopted after August 28,1999, shall be invalid and void.
Board of optometry created--members, qualifications, terms,vacancies--officers, election, duties--rulemaking.
336.130. 1. The governor, with the advice and consent of the senate,shall appoint six members, five persons from among such practicingoptometrists of the state as have had not less than five years' practicalexperience in optometry as defined in section 336.010 and one voting publicmember, who shall constitute "The State Board of Optometry". Each membershall be a United States citizen and a resident of Missouri for one year.No member of any optical school or college, or instructor in optometry, orperson connected in any way therewith, nor any person who as owner,stockholder or employee is connected with any manufacturing, wholesale,dispensing or jobbing house dealing in spectacles or optical supplies orinstruments used by optometrists shall be eligible to appointment upon thestate board of optometry. The term of all members shall be for a period offive years and until their successors shall be appointed and qualified. Ifany person, other than the public member, so appointed shall discontinuethe active practice of optometry during the period of his or herappointment, such person's term shall thereupon cease and the person shallbe at once removed by the governor. All vacancies, however occurring,shall be filled by appointment by the governor, with the advice and consentof the senate, and appointments made when the senate is not in sessionshall be confirmed at its next ensuing session. The members of the stateboard of optometry, before entering upon the discharge of their duties,shall make and file with the secretary of state, the constitutional oath ofoffice.
2. The public member shall be at the time of his or her appointment acitizen of the United States; a resident of this state for a period of oneyear and a registered voter; a person who is not and never was a member ofany profession licensed or regulated pursuant to this chapter or the spouseof such person; and a person who does not have and never has had amaterial, financial interest in either the providing of the professionalservices regulated by this chapter, or an activity or organization directlyrelated to any profession licensed or regulated pursuant to this chapter.All members, including public members, shall be chosen from lists submittedby the director of the division of professional registration. The dutiesof the public member shall not include the determination of the technicalrequirements to be met for licensure or whether any person meets suchtechnical requirements or of the technical competence or technical judgmentof a licensee or a candidate for licensure.
3. The members of said board shall meet and organize by electing apresident, a vice president, and a secretary.
4. The board shall prescribe the duties of its officers and adoptrules and regulations, not inconsistent with this chapter, to govern itsproceedings; and also shall adopt a seal.
5. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in thischapter shall become effective only if it complies with and is subject toall of the provisions of chapter 536, RSMo, and, if applicable, section536.028, RSMo. All rulemaking authority delegated prior to August 28,1999, is of no force and effect and repealed. Nothing in this sectionshall be interpreted to repeal or affect the validity of any rule filed oradopted prior to August 28, 1999, if it fully complied with all applicableprovisions of law. This section and chapter 536, RSMo, are nonseverableand if any of the powers vested with the general assembly pursuant tochapter 536, RSMo, to review, to delay the effective date or to disapproveand annul a rule are subsequently held unconstitutional, then the grant ofrulemaking authority and any rule proposed or adopted after August 28,1999, shall be invalid and void.
Board of optometry created--members, qualifications, terms,vacancies--officers, election, duties--rulemaking.
336.130. 1. The governor, with the advice and consent of the senate,shall appoint six members, five persons from among such practicingoptometrists of the state as have had not less than five years' practicalexperience in optometry as defined in section 336.010 and one voting publicmember, who shall constitute "The State Board of Optometry". Each membershall be a United States citizen and a resident of Missouri for one year.No member of any optical school or college, or instructor in optometry, orperson connected in any way therewith, nor any person who as owner,stockholder or employee is connected with any manufacturing, wholesale,dispensing or jobbing house dealing in spectacles or optical supplies orinstruments used by optometrists shall be eligible to appointment upon thestate board of optometry. The term of all members shall be for a period offive years and until their successors shall be appointed and qualified. Ifany person, other than the public member, so appointed shall discontinuethe active practice of optometry during the period of his or herappointment, such person's term shall thereupon cease and the person shallbe at once removed by the governor. All vacancies, however occurring,shall be filled by appointment by the governor, with the advice and consentof the senate, and appointments made when the senate is not in sessionshall be confirmed at its next ensuing session. The members of the stateboard of optometry, before entering upon the discharge of their duties,shall make and file with the secretary of state, the constitutional oath ofoffice.
2. The public member shall be at the time of his or her appointment acitizen of the United States; a resident of this state for a period of oneyear and a registered voter; a person who is not and never was a member ofany profession licensed or regulated pursuant to this chapter or the spouseof such person; and a person who does not have and never has had amaterial, financial interest in either the providing of the professionalservices regulated by this chapter, or an activity or organization directlyrelated to any profession licensed or regulated pursuant to this chapter.All members, including public members, shall be chosen from lists submittedby the director of the division of professional registration. The dutiesof the public member shall not include the determination of the technicalrequirements to be met for licensure or whether any person meets suchtechnical requirements or of the technical competence or technical judgmentof a licensee or a candidate for licensure.
3. The members of said board shall meet and organize by electing apresident, a vice president, and a secretary.
4. The board shall prescribe the duties of its officers and adoptrules and regulations, not inconsistent with this chapter, to govern itsproceedings; and also shall adopt a seal.
5. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in thischapter shall become effective only if it complies with and is subject toall of the provisions of chapter 536, RSMo, and, if applicable, section536.028, RSMo. All rulemaking authority delegated prior to August 28,1999, is of no force and effect and repealed. Nothing in this sectionshall be interpreted to repeal or affect the validity of any rule filed oradopted prior to August 28, 1999, if it fully complied with all applicableprovisions of law. This section and chapter 536, RSMo, are nonseverableand if any of the powers vested with the general assembly pursuant tochapter 536, RSMo, to review, to delay the effective date or to disapproveand annul a rule are subsequently held unconstitutional, then the grant ofrulemaking authority and any rule proposed or adopted after August 28,1999, shall be invalid and void.
