State Codes and Statutes

Statutes > Wyoming > Title33 > Chapter23

CHAPTER 23 - OPTOMETRISTS

 

33-23-101. Definitions and exceptions.

 

(a) As used in this act:

 

(i) "Board" means the Wyoming state board ofexaminers in optometry;

 

(ii) "License" means a current license to practiceoptometry in this state issued by the board;

 

(iii) "Licensee" means a person licensed by the boardunder this act;

 

(iv) "Optometrist" or "doctor of optometry"means a person licensed by the board under this act;

 

(v) "Physician" means a person holding a validlicense issued by the Wyoming state board of medicine under the MedicalPractice Act;

 

(vi) "Controlled substance" means any drug, substanceor immediate precursor listed in schedules I through V of article III of theWyoming Controlled Substances Act of 1971;

 

(vii) "Ophthalmic lenses" means any type of spectacleor contact lenses;

 

(viii) "Contact lenses" shall include contact lenseswith or without power;

 

(ix) "This act" means W.S. 33-23-101 through33-23-117.

 

(b) The practice of optometry is the employment of any meansother than the use of therapeutic lasers or surgery for diagnosing and treatingocular pathology and for the measurement of the powers or range of human visionor the determination of the accommodative and refractive status of the humaneye or the scope of its functions in general or the adaptation of lenses orframes for the aid thereof.

 

(c) The provisions of this chapter do not prevent a physicianfrom treating or fitting glasses to the human eye, or a physician oroptometrist from filling prescriptions or orders. Nor do the provisions of thischapter prevent the replacing, duplicating or repairing of ophthalmic lenses orthe frames or fittings thereof by persons qualified to write or fillprescriptions or orders under the provisions of this act, nor prevent the doingof the merely mechanical work upon such lenses or upon the frames or fittingsthereof.

 

(d) It is unlawful for any person to dispense, replace orduplicate ophthalmic lenses or any contact lenses without a prescription ororder from a physician or optometrist. A contact lens prescription shallspecifically state that it is intended for contact lenses and include the typeand specification of the contact lenses being prescribed. An optometrist shallprovide, at no additional cost to the patient, a written copy of his contactlens prescription. The prescription shall only be released after the contactlenses have been adequately fitted and no more follow-up visits are necessaryto assure the contact lenses fit the patient. The essential informationnecessary to duplicate the prescription shall be defined by rules adopted bythe board. All contact lens prescriptions shall have an expiration date afterwhich it shall be unlawful to fill such prescription. The prescribingoptometrist shall not be liable for any injury or condition to a patientresulting from negligence in packaging, manufacturing or dispensing lenses byanyone other than the prescribing optometrist. Any person may file a complaintwith the board seeking disciplinary action concerning any violation of thissubsection. The board shall investigate or cause to be investigated and shall resolvea complaint on its own motion or upon receipt of a written complaint asprovided by W.S. 33-23-110. No person shall improperly fill a contact lensprescription or fill an expired prescription.

 

(e) The provisions of this chapter do not prohibit the sale ofgoggles, sunglasses, colored glasses or occupational eye-protective devices ifthey do not have refractive values, nor do the provisions of this act prohibitthe sale of complete ready-to-wear eyeglasses as merchandise by any person notholding himself out as competent to examine, test or prescribe for the humaneye or its refractive errors.

 

(f) Nothing in this act shall prevent an optometrist fromusing assistants in his practice under his general supervision as defined inboard rule.

 

33-23-102. Optometrist's use of certain drugs; limitation.

 

An optometrist shall be allowed toadminister and prescribe pharmaceutical agents related to the practice ofoptometry, excluding the following categories of oral medications:immunosuppressives, steroids, anti-fungals, sedative-hypnotics, and schedule Iand II narcotics. No medication shall be given by injection. Oralanti-glaucoma medications may be administered for a period not to exceedforty-eight (48) hours. An optometrist who administers or prescribespharmaceutical agents for examination or for treatment shall provide the samestandard of care to patients as that provided by a physician utilizing the samepharmaceutical agents for examination or treatment.

 

33-23-103. License required; civil suit; damages.

 

(a) It is unlawful for any person in the state of Wyoming topractice or attempt to practice optometry or to advertise, or hold himself outas qualified to fit or adjust any lenses or lens in any manner or form as anaid to human eyesight, without first obtaining a license to practice optometry.

 

(b) A person who is damaged by another person who violates thissection may in addition to other remedies provided by law, institute suit inthe county where the violation occurred to require enforcement by injunctiveprocedures and to recover damages plus court costs and reasonable attorney'sfees.

 

(c) A person who is attending an optometry school accredited bya regional or professional accreditation organization which is recognized orapproved by the United States Department of Education (USDE) or the Council onHigher Education Accreditation (CHEA), or their successor agencies, maypractice optometry while doing an externship for said school under the directsupervision of an optometrist or physician licensed in this state.

 

33-23-104. Board of examiners in optometry; created; composition;designation; duties generally; appointment; qualifications and terms ofmembers; vacancies; oath.

 

The Wyoming state board of examiners inoptometry is created to carry out the purposes and enforce the provisions ofthis act. The board shall consist of three (3) members appointed by thegovernor. In 2005, one (1) board member shall be appointed for a term of three(3) years, one (1) board member shall be appointed for a term of two (2) yearsand one (1) board member shall be appointed for a term of one (1) year. Thereafter, the terms of the office of the members appointed shall be three (3)years or until their successors have qualified. Each member of the board shallbe a resident of the state of Wyoming and shall have been engaged in the actualpractice of optometry in the state for at least one (1) year prior toappointment. The governor shall make all appointments to fill vacancies causedby death, resignation or removal. The governor may remove any member asprovided in W.S. 9-1-202. The members of the board, before entering upon theirduties, shall take and subscribe to the oath required to be taken by stateofficers and shall file the oath in the office of the secretary of state.

 

33-23-105. Board of examiners in optometry; officers; powers ofmembers; meetings; quorum; records.

 

The board shall annually elect officers. Each member of the board shall have the power, during his term of office toadminister oaths and take affidavits, certifying thereto under his hand andseal provided and kept by the board. The board shall meet at least once ineach year, for the purpose of holding an examination, and in addition thereto,upon the call of the president or request of a majority of its members. Amajority of the board shall constitute a quorum. The secretary shall keep acomplete record of the proceedings of the board, which record shall be open topublic inspection at all reasonable times.

 

33-23-106. Board of examiners in optometry; per diem and expenses ofmembers; disposition of funds.

 

(a) Each member of the board may receive as compensation thesum paid each day to members of the state legislature for each day spent inboard meetings and per diem and mileage as is paid state employees. Expensesshall be paid from the fees, fines and assessments received under theprovisions of this act. All fees, fines, assessments and other monies receivedunder the provisions of this act, may be used for meeting the expenses of theboard and in carrying out the provisions of this act. In no event shall anyexpenses be charged against the state.

 

(b) All money shall be received and collected as provided bylaw. The state treasurer shall credit the money to a separate account.

 

33-23-107. Board of examiners in optometry; report to governor.

 

Theboard shall, as required by W.S. 9-2-1014, report to the governor.

 

33-23-108. Board of examiners in optometry; seal.

 

Theboard shall provide a seal which shall contain the words, "Wyoming StateBoard of Examiners in Optometry, Official Seal".

 

33-23-109. Examinations required of applicants for licensure;qualifications; existing practitioners, passing grade; reexamination; fees;renewal of license; retirement.

 

(a) Any applicant for licensure under this act is required topass the examination series administered by the National Board of Examiners inOptometry, or its successor agency, and any other examination specified by theboard in rule. The applicant shall be a graduate of an optometric school orcollege accredited by a regional or professional accreditation organizationwhich is recognized or approved by the council on postsecondary accreditationor the United States Department of Education (USDE) or the Council on HigherEducation Accreditation (CHEA), or their successor agencies. Examinations shallcover subjects designated by the board. Any currently licensed person intendingto employ diagnostic or therapeutic pharmaceutical agents in his practice is requiredto complete and pass a board approved course pertaining to the use of thoseagents.

 

(b) No applicant shall be passed by the board who fails toobtain a grade of seventy-five percent (75%) in every subject upon which he isexamined. If any applicant fails to pass any examination, he shall be examinedat the next or any succeeding examination only in the subject in which hefailed to obtain a grade of eighty-five percent (85%). The applicant shallapply for his license within six (6) months after he has satisfactorily passedthe examination or the examination shall be of no effect. Before engaging inthe practice of optometry, and after the license has been delivered to him,each licensed optometrist shall notify the board in writing of the place wherehe intends to begin practice and of any subsequent changes of his officelocation. Notices given to him by the board shall be given by mailing to thataddress.

 

(c) In addition to subsections (a) and (b) of this section, anapplicant for licensure under this act shall provide the board fingerprints andother information necessary for a criminal history record background check asprovided under W.S. 7-19-201.

 

(d) The board of examiners, pursuant to W.S. 33-1-201, shallestablish fees for the standard examination, initial license and the annualrenewal of the license. Every optometrist who desires to continue the practiceof optometry shall annually, on or before April 1, pay the board the requiredrenewal fee. A license which has expired due to failure to renew may bereinstated by the board upon receipt of the renewal fee and reinstatement andlate fees set by the board in accordance with W.S. 33-1-201 provided therequest for reinstatement is received in the board office no later than June 30of the year in which the license expired. An optometrist who previouslynotified the board that he had retired may renew his license by submittingrenewal fees for each year in which no license was issued and a reinstatementfee within three (3) years of the expiration date of the last license held. Upon retirement from active practice, an optometrist shall notify the board inwriting.

 

(e) The board may issue a license by endorsement to engage inthe practice of optometry to an applicant who is currently licensed in anotherUnited States or Canadian jurisdiction with substantially equivalentrequirements as Wyoming and who meets Wyoming requirements for licensure byendorsement. Applicants for licensure by endorsement shall comply withstandards set forth in board rules.

 

33-23-110. Refusal, suspension or revocation of license.

 

(a) The board may suspend, revoke or refuse to issue a licenseto any person who has been guilty of unprofessional and dishonest conduct,unethical conduct, conduct likely to deceive the public or failure to timelysubmit a renewal application.

 

(b) "Unprofessional and dishonest conduct" as used inthis act means:

 

(i) The loaning of his license by any licensed optometrist toany person; the employment of "cappers" or "steerers" toobtain business, "splitting" or dividing a fee with any person orpersons, the advertising by any means whatsoever of optometric practice ortreatment or advice in which untruthful, improbable, misleading or impossiblestatements are made;

 

(ii) Repealed by Laws 1995, ch. 42, 2.

 

(iii) Being guilty of offenses involving moral turpitude,habitual intemperance, or being habitually addicted to the use of morphine,opium, cocaine, or other drugs having a similar effect;

 

(iv) The obtaining of any fee by intentional fraud orintentional misrepresentation or false pretenses;

 

(v) The use of any other term by a person licensed under thisact except the term "optometrist" or "doctor of optometry"to designate his profession;

 

(vi) Employing either directly or indirectly any suspended orunlicensed optometrist to perform any work covered by the practice ofoptometry;

 

(vii) Incompetence, malpractice or unethical conduct;

 

(viii) Knowingly making any false statement of any material factin any application or other instrument required by law to be filed with theboard;

 

(ix) The board may clarify definitions stated in this subsectionby properly promulgated rules and regulations.

 

(c) Board disciplinary proceedings will be conducted inaccordance with the Wyoming Administrative Procedure Act and the rules andregulations of the board.

 

(d) Repealed by Laws 2005, ch. 59, 2.

 

(e) Repealed By Laws 2005, ch. 59, 2.

 

(f) Upon receipt from the department of family services of acertified copy of an order from a court to withhold, suspend or otherwiserestrict a license issued by the board, the board shall notify the party namedin the court order of the withholding, suspension or restriction of the licensein accordance with the terms of the court order. No appeal under the WyomingAdministrative Procedure Act shall be allowed for a license withheld, suspendedor restricted under this subsection.

 

33-23-111. Limitation on rights conferred by license; prohibited acts.

 

(a) Nothing in this act shall be construed as conferring on theholder of a license issued by the board, the title "doctor ofmedicine," "ophthalmologist," or any other word or abbreviationindicating that he is engaged in the practice of medicine.

 

(b) It is unlawful:

 

(i) For any person to approach any place of employment eitherin person or through agents for the purpose of selling ophthalmic lenses, eyeexaminations or optometric services;

 

(ii) For any person to advertise prescription eyeglasses orcontact lenses, which correct visual deficiencies or defects, frames or theirsupporting accessories or professional services in a false, deceptive ormisleading manner;

 

(iii) For any person to make a sworn statement or affidavit inconnection with any matter relating to this act proven to be false;

 

(iv) For any person not holding a license to practice optometry.

 

33-23-112. Repealed by Laws 1995, ch. 42, 2.

 

 

33-23-113. License to be displayed.

 

Every person holding a license to practiceoptometry in the state of Wyoming shall display the license, in its entirety,in a conspicuous place in his office, wherein the practice of optometry isconducted.

 

33-23-114. Continuing education courses required.

 

Alloptometrists shall take courses of study in subjects relating to the practiceof the profession of optometry for the utilization and application of newtechniques, scientific and clinical advances, and achievements of researchwhich will assure expansive and comprehensive care to the public. The boardshall prescribe the length of study. Attendance shall be at a course or coursesapproved by the board. Attendance at any course or courses of study is to becertified to the board upon a form provided by the board and submitted by eachoptometrist to the board. The board may use up to one-half (1/2) of its annualrenewal fees for the purposes of contracting with institutions of higherlearning, professional organizations, or qualified individuals to provideeducational programs that meet this requirement. The board may also treat fundsset aside for the purpose of continuing education as state funds for thepurpose of accepting any funds made available under federal law on a matchingbasis for the programs of continuing education. In no instance may the boardrequire a greater number of hours of study than are available at approvedcourses held within this state. The board may waive the requirements of thissection in cases of certified illness or undue hardship.

 

33-23-115. Penalty; injunction; civil penalty; jury trial.

 

(a) Any person who violates any provision of W.S. 33-23-101through 33-23-117 is guilty of a misdemeanor and upon conviction shall be finednot more than seven hundred fifty dollars ($750.00) or imprisoned not more thansix (6) months in the county jail, or both.

 

(b) Any person aggrieved by a violation of W.S. 33-23-101through 33-23-117, the Wyoming state board of examiners of optometry, theattorney general or the district or county attorney may institute suit in thecounty in which a violation of W.S. 33-23-101 through 33-23-117 occurred torequire enforcement by injunctive procedures and to recover a civil penalty notto exceed ten thousand dollars ($10,000.00) per violation, plus costs.

 

(c) Where a civil penalty is sought the defendant shall beentitled to a jury trial.

 

33-23-116. Rules and regulations.

 

The board may promulgate rules andregulations in accordance with the Wyoming Administrative Procedure Act.

 

33-23-117. Optometry volunteer license.

 

(a) As used in this section, "low income uninsuredperson" and "nonprofit health care facility" have the samemeanings as in W.S. 33-15-131(a).

 

(b) For purposes of this section, a person shall be consideredretired from practice if the person's license or certificate has expired.

 

(c) The state board of optometry may issue, with or withoutexamination, a volunteer certificate to a person who is retired from practiceso that the person may provide optometry services to low income uninsuredpersons at nonprofit health care facilities. The board shall deny issuance of avolunteer's certificate to a person who is not qualified under this section tohold a volunteer's certificate.

 

(d) An application for a volunteer's certificate shall includeall of the following:

 

(i) A copy of the applicant's optometry degree;

 

(ii) One (1) of the following, as applicable:

 

(A) A copy of the applicant's most recent license orcertificate authorizing the practice of optometry issued by a jurisdiction inthe United States that licenses persons to practice optometry; or

 

(B) A copy of the applicant's most recent license equivalent toa license to practice optometry in one (1) or more branches of the UnitedStates armed services that the United States government issued.

 

(iii) Evidence of one (1) of the following, as applicable:

 

(A) That the applicant has maintained for at least ten (10)years immediately prior to retirement full licensure in good standing in anyjurisdiction in the United States that licenses persons to practice optometry;or

 

(B) That the applicant has practiced for at least ten (10)years immediately prior to retirement in good standing as an optometrist in one(1) or more of the branches of the United States armed services; and

 

(iv) A notarized statement from the applicant, on a formprescribed by the board, that the applicant:

 

(A) Will not accept any form of remuneration for any optometricservices rendered while in possession of a volunteer certificate;

 

(B) Will devote his practice exclusively and totally toproviding medical services to low income uninsured persons at a nonprofithealth care facility in this state; and

 

(C) Will provide any other documentation that the boardreasonably may require.

 

(e) The holder of a volunteer's certificate may provideoptometric services only on the premises of a nonprofit health care facility inthis state and only to low income uninsured persons. The holder shall notaccept any form of remuneration for providing optometric services while inpossession of the certificate. The board may revoke a volunteer's certificateon receiving proof satisfactory to the board that the holder has engaged inpractice in this state outside the scope of the certificate.

 

(f) A volunteer's certificate shall be valid for a period ofone (1) year, unless earlier revoked under subsection (e) of this section orpursuant to title 33, chapter 23 of the Wyoming statutes. A volunteer'scertificate may be renewed upon the application of the holder. The board shallmaintain a register of all persons who hold volunteer's certificates. The boardshall not charge a fee for issuing or renewing a certificate pursuant to thissection.

 

(g) To be eligible for renewal of a volunteer's certificate,the holder of the certificate shall certify to the board completion of anycontinuing education required under this act as if the holder of thecertificate were in active practice. The board shall not renew a certificate ifthe holder has not complied with the continuing education requirements. Thenonprofit health care facility in which the holder provides optometric servicesmay pay for or reimburse the holder for any costs incurred in obtaining therequired continuing education.

 

(h) The board shall issue to each person who qualifies underthis section a volunteer's certificate that states the certificate holder isauthorized to provide optometric services pursuant to the laws of this state.

 

(j) Except as provided in this section, any person holding avolunteer certificate issued by the board under this section shall be subjectto the requirements of this act and the jurisdiction of the board as if he werelicensed to practice optometry under this act.

 

(k) The board shall adopt rules to administer and enforce thissection.

 

State Codes and Statutes

Statutes > Wyoming > Title33 > Chapter23

CHAPTER 23 - OPTOMETRISTS

 

33-23-101. Definitions and exceptions.

 

(a) As used in this act:

 

(i) "Board" means the Wyoming state board ofexaminers in optometry;

 

(ii) "License" means a current license to practiceoptometry in this state issued by the board;

 

(iii) "Licensee" means a person licensed by the boardunder this act;

 

(iv) "Optometrist" or "doctor of optometry"means a person licensed by the board under this act;

 

(v) "Physician" means a person holding a validlicense issued by the Wyoming state board of medicine under the MedicalPractice Act;

 

(vi) "Controlled substance" means any drug, substanceor immediate precursor listed in schedules I through V of article III of theWyoming Controlled Substances Act of 1971;

 

(vii) "Ophthalmic lenses" means any type of spectacleor contact lenses;

 

(viii) "Contact lenses" shall include contact lenseswith or without power;

 

(ix) "This act" means W.S. 33-23-101 through33-23-117.

 

(b) The practice of optometry is the employment of any meansother than the use of therapeutic lasers or surgery for diagnosing and treatingocular pathology and for the measurement of the powers or range of human visionor the determination of the accommodative and refractive status of the humaneye or the scope of its functions in general or the adaptation of lenses orframes for the aid thereof.

 

(c) The provisions of this chapter do not prevent a physicianfrom treating or fitting glasses to the human eye, or a physician oroptometrist from filling prescriptions or orders. Nor do the provisions of thischapter prevent the replacing, duplicating or repairing of ophthalmic lenses orthe frames or fittings thereof by persons qualified to write or fillprescriptions or orders under the provisions of this act, nor prevent the doingof the merely mechanical work upon such lenses or upon the frames or fittingsthereof.

 

(d) It is unlawful for any person to dispense, replace orduplicate ophthalmic lenses or any contact lenses without a prescription ororder from a physician or optometrist. A contact lens prescription shallspecifically state that it is intended for contact lenses and include the typeand specification of the contact lenses being prescribed. An optometrist shallprovide, at no additional cost to the patient, a written copy of his contactlens prescription. The prescription shall only be released after the contactlenses have been adequately fitted and no more follow-up visits are necessaryto assure the contact lenses fit the patient. The essential informationnecessary to duplicate the prescription shall be defined by rules adopted bythe board. All contact lens prescriptions shall have an expiration date afterwhich it shall be unlawful to fill such prescription. The prescribingoptometrist shall not be liable for any injury or condition to a patientresulting from negligence in packaging, manufacturing or dispensing lenses byanyone other than the prescribing optometrist. Any person may file a complaintwith the board seeking disciplinary action concerning any violation of thissubsection. The board shall investigate or cause to be investigated and shall resolvea complaint on its own motion or upon receipt of a written complaint asprovided by W.S. 33-23-110. No person shall improperly fill a contact lensprescription or fill an expired prescription.

 

(e) The provisions of this chapter do not prohibit the sale ofgoggles, sunglasses, colored glasses or occupational eye-protective devices ifthey do not have refractive values, nor do the provisions of this act prohibitthe sale of complete ready-to-wear eyeglasses as merchandise by any person notholding himself out as competent to examine, test or prescribe for the humaneye or its refractive errors.

 

(f) Nothing in this act shall prevent an optometrist fromusing assistants in his practice under his general supervision as defined inboard rule.

 

33-23-102. Optometrist's use of certain drugs; limitation.

 

An optometrist shall be allowed toadminister and prescribe pharmaceutical agents related to the practice ofoptometry, excluding the following categories of oral medications:immunosuppressives, steroids, anti-fungals, sedative-hypnotics, and schedule Iand II narcotics. No medication shall be given by injection. Oralanti-glaucoma medications may be administered for a period not to exceedforty-eight (48) hours. An optometrist who administers or prescribespharmaceutical agents for examination or for treatment shall provide the samestandard of care to patients as that provided by a physician utilizing the samepharmaceutical agents for examination or treatment.

 

33-23-103. License required; civil suit; damages.

 

(a) It is unlawful for any person in the state of Wyoming topractice or attempt to practice optometry or to advertise, or hold himself outas qualified to fit or adjust any lenses or lens in any manner or form as anaid to human eyesight, without first obtaining a license to practice optometry.

 

(b) A person who is damaged by another person who violates thissection may in addition to other remedies provided by law, institute suit inthe county where the violation occurred to require enforcement by injunctiveprocedures and to recover damages plus court costs and reasonable attorney'sfees.

 

(c) A person who is attending an optometry school accredited bya regional or professional accreditation organization which is recognized orapproved by the United States Department of Education (USDE) or the Council onHigher Education Accreditation (CHEA), or their successor agencies, maypractice optometry while doing an externship for said school under the directsupervision of an optometrist or physician licensed in this state.

 

33-23-104. Board of examiners in optometry; created; composition;designation; duties generally; appointment; qualifications and terms ofmembers; vacancies; oath.

 

The Wyoming state board of examiners inoptometry is created to carry out the purposes and enforce the provisions ofthis act. The board shall consist of three (3) members appointed by thegovernor. In 2005, one (1) board member shall be appointed for a term of three(3) years, one (1) board member shall be appointed for a term of two (2) yearsand one (1) board member shall be appointed for a term of one (1) year. Thereafter, the terms of the office of the members appointed shall be three (3)years or until their successors have qualified. Each member of the board shallbe a resident of the state of Wyoming and shall have been engaged in the actualpractice of optometry in the state for at least one (1) year prior toappointment. The governor shall make all appointments to fill vacancies causedby death, resignation or removal. The governor may remove any member asprovided in W.S. 9-1-202. The members of the board, before entering upon theirduties, shall take and subscribe to the oath required to be taken by stateofficers and shall file the oath in the office of the secretary of state.

 

33-23-105. Board of examiners in optometry; officers; powers ofmembers; meetings; quorum; records.

 

The board shall annually elect officers. Each member of the board shall have the power, during his term of office toadminister oaths and take affidavits, certifying thereto under his hand andseal provided and kept by the board. The board shall meet at least once ineach year, for the purpose of holding an examination, and in addition thereto,upon the call of the president or request of a majority of its members. Amajority of the board shall constitute a quorum. The secretary shall keep acomplete record of the proceedings of the board, which record shall be open topublic inspection at all reasonable times.

 

33-23-106. Board of examiners in optometry; per diem and expenses ofmembers; disposition of funds.

 

(a) Each member of the board may receive as compensation thesum paid each day to members of the state legislature for each day spent inboard meetings and per diem and mileage as is paid state employees. Expensesshall be paid from the fees, fines and assessments received under theprovisions of this act. All fees, fines, assessments and other monies receivedunder the provisions of this act, may be used for meeting the expenses of theboard and in carrying out the provisions of this act. In no event shall anyexpenses be charged against the state.

 

(b) All money shall be received and collected as provided bylaw. The state treasurer shall credit the money to a separate account.

 

33-23-107. Board of examiners in optometry; report to governor.

 

Theboard shall, as required by W.S. 9-2-1014, report to the governor.

 

33-23-108. Board of examiners in optometry; seal.

 

Theboard shall provide a seal which shall contain the words, "Wyoming StateBoard of Examiners in Optometry, Official Seal".

 

33-23-109. Examinations required of applicants for licensure;qualifications; existing practitioners, passing grade; reexamination; fees;renewal of license; retirement.

 

(a) Any applicant for licensure under this act is required topass the examination series administered by the National Board of Examiners inOptometry, or its successor agency, and any other examination specified by theboard in rule. The applicant shall be a graduate of an optometric school orcollege accredited by a regional or professional accreditation organizationwhich is recognized or approved by the council on postsecondary accreditationor the United States Department of Education (USDE) or the Council on HigherEducation Accreditation (CHEA), or their successor agencies. Examinations shallcover subjects designated by the board. Any currently licensed person intendingto employ diagnostic or therapeutic pharmaceutical agents in his practice is requiredto complete and pass a board approved course pertaining to the use of thoseagents.

 

(b) No applicant shall be passed by the board who fails toobtain a grade of seventy-five percent (75%) in every subject upon which he isexamined. If any applicant fails to pass any examination, he shall be examinedat the next or any succeeding examination only in the subject in which hefailed to obtain a grade of eighty-five percent (85%). The applicant shallapply for his license within six (6) months after he has satisfactorily passedthe examination or the examination shall be of no effect. Before engaging inthe practice of optometry, and after the license has been delivered to him,each licensed optometrist shall notify the board in writing of the place wherehe intends to begin practice and of any subsequent changes of his officelocation. Notices given to him by the board shall be given by mailing to thataddress.

 

(c) In addition to subsections (a) and (b) of this section, anapplicant for licensure under this act shall provide the board fingerprints andother information necessary for a criminal history record background check asprovided under W.S. 7-19-201.

 

(d) The board of examiners, pursuant to W.S. 33-1-201, shallestablish fees for the standard examination, initial license and the annualrenewal of the license. Every optometrist who desires to continue the practiceof optometry shall annually, on or before April 1, pay the board the requiredrenewal fee. A license which has expired due to failure to renew may bereinstated by the board upon receipt of the renewal fee and reinstatement andlate fees set by the board in accordance with W.S. 33-1-201 provided therequest for reinstatement is received in the board office no later than June 30of the year in which the license expired. An optometrist who previouslynotified the board that he had retired may renew his license by submittingrenewal fees for each year in which no license was issued and a reinstatementfee within three (3) years of the expiration date of the last license held. Upon retirement from active practice, an optometrist shall notify the board inwriting.

 

(e) The board may issue a license by endorsement to engage inthe practice of optometry to an applicant who is currently licensed in anotherUnited States or Canadian jurisdiction with substantially equivalentrequirements as Wyoming and who meets Wyoming requirements for licensure byendorsement. Applicants for licensure by endorsement shall comply withstandards set forth in board rules.

 

33-23-110. Refusal, suspension or revocation of license.

 

(a) The board may suspend, revoke or refuse to issue a licenseto any person who has been guilty of unprofessional and dishonest conduct,unethical conduct, conduct likely to deceive the public or failure to timelysubmit a renewal application.

 

(b) "Unprofessional and dishonest conduct" as used inthis act means:

 

(i) The loaning of his license by any licensed optometrist toany person; the employment of "cappers" or "steerers" toobtain business, "splitting" or dividing a fee with any person orpersons, the advertising by any means whatsoever of optometric practice ortreatment or advice in which untruthful, improbable, misleading or impossiblestatements are made;

 

(ii) Repealed by Laws 1995, ch. 42, 2.

 

(iii) Being guilty of offenses involving moral turpitude,habitual intemperance, or being habitually addicted to the use of morphine,opium, cocaine, or other drugs having a similar effect;

 

(iv) The obtaining of any fee by intentional fraud orintentional misrepresentation or false pretenses;

 

(v) The use of any other term by a person licensed under thisact except the term "optometrist" or "doctor of optometry"to designate his profession;

 

(vi) Employing either directly or indirectly any suspended orunlicensed optometrist to perform any work covered by the practice ofoptometry;

 

(vii) Incompetence, malpractice or unethical conduct;

 

(viii) Knowingly making any false statement of any material factin any application or other instrument required by law to be filed with theboard;

 

(ix) The board may clarify definitions stated in this subsectionby properly promulgated rules and regulations.

 

(c) Board disciplinary proceedings will be conducted inaccordance with the Wyoming Administrative Procedure Act and the rules andregulations of the board.

 

(d) Repealed by Laws 2005, ch. 59, 2.

 

(e) Repealed By Laws 2005, ch. 59, 2.

 

(f) Upon receipt from the department of family services of acertified copy of an order from a court to withhold, suspend or otherwiserestrict a license issued by the board, the board shall notify the party namedin the court order of the withholding, suspension or restriction of the licensein accordance with the terms of the court order. No appeal under the WyomingAdministrative Procedure Act shall be allowed for a license withheld, suspendedor restricted under this subsection.

 

33-23-111. Limitation on rights conferred by license; prohibited acts.

 

(a) Nothing in this act shall be construed as conferring on theholder of a license issued by the board, the title "doctor ofmedicine," "ophthalmologist," or any other word or abbreviationindicating that he is engaged in the practice of medicine.

 

(b) It is unlawful:

 

(i) For any person to approach any place of employment eitherin person or through agents for the purpose of selling ophthalmic lenses, eyeexaminations or optometric services;

 

(ii) For any person to advertise prescription eyeglasses orcontact lenses, which correct visual deficiencies or defects, frames or theirsupporting accessories or professional services in a false, deceptive ormisleading manner;

 

(iii) For any person to make a sworn statement or affidavit inconnection with any matter relating to this act proven to be false;

 

(iv) For any person not holding a license to practice optometry.

 

33-23-112. Repealed by Laws 1995, ch. 42, 2.

 

 

33-23-113. License to be displayed.

 

Every person holding a license to practiceoptometry in the state of Wyoming shall display the license, in its entirety,in a conspicuous place in his office, wherein the practice of optometry isconducted.

 

33-23-114. Continuing education courses required.

 

Alloptometrists shall take courses of study in subjects relating to the practiceof the profession of optometry for the utilization and application of newtechniques, scientific and clinical advances, and achievements of researchwhich will assure expansive and comprehensive care to the public. The boardshall prescribe the length of study. Attendance shall be at a course or coursesapproved by the board. Attendance at any course or courses of study is to becertified to the board upon a form provided by the board and submitted by eachoptometrist to the board. The board may use up to one-half (1/2) of its annualrenewal fees for the purposes of contracting with institutions of higherlearning, professional organizations, or qualified individuals to provideeducational programs that meet this requirement. The board may also treat fundsset aside for the purpose of continuing education as state funds for thepurpose of accepting any funds made available under federal law on a matchingbasis for the programs of continuing education. In no instance may the boardrequire a greater number of hours of study than are available at approvedcourses held within this state. The board may waive the requirements of thissection in cases of certified illness or undue hardship.

 

33-23-115. Penalty; injunction; civil penalty; jury trial.

 

(a) Any person who violates any provision of W.S. 33-23-101through 33-23-117 is guilty of a misdemeanor and upon conviction shall be finednot more than seven hundred fifty dollars ($750.00) or imprisoned not more thansix (6) months in the county jail, or both.

 

(b) Any person aggrieved by a violation of W.S. 33-23-101through 33-23-117, the Wyoming state board of examiners of optometry, theattorney general or the district or county attorney may institute suit in thecounty in which a violation of W.S. 33-23-101 through 33-23-117 occurred torequire enforcement by injunctive procedures and to recover a civil penalty notto exceed ten thousand dollars ($10,000.00) per violation, plus costs.

 

(c) Where a civil penalty is sought the defendant shall beentitled to a jury trial.

 

33-23-116. Rules and regulations.

 

The board may promulgate rules andregulations in accordance with the Wyoming Administrative Procedure Act.

 

33-23-117. Optometry volunteer license.

 

(a) As used in this section, "low income uninsuredperson" and "nonprofit health care facility" have the samemeanings as in W.S. 33-15-131(a).

 

(b) For purposes of this section, a person shall be consideredretired from practice if the person's license or certificate has expired.

 

(c) The state board of optometry may issue, with or withoutexamination, a volunteer certificate to a person who is retired from practiceso that the person may provide optometry services to low income uninsuredpersons at nonprofit health care facilities. The board shall deny issuance of avolunteer's certificate to a person who is not qualified under this section tohold a volunteer's certificate.

 

(d) An application for a volunteer's certificate shall includeall of the following:

 

(i) A copy of the applicant's optometry degree;

 

(ii) One (1) of the following, as applicable:

 

(A) A copy of the applicant's most recent license orcertificate authorizing the practice of optometry issued by a jurisdiction inthe United States that licenses persons to practice optometry; or

 

(B) A copy of the applicant's most recent license equivalent toa license to practice optometry in one (1) or more branches of the UnitedStates armed services that the United States government issued.

 

(iii) Evidence of one (1) of the following, as applicable:

 

(A) That the applicant has maintained for at least ten (10)years immediately prior to retirement full licensure in good standing in anyjurisdiction in the United States that licenses persons to practice optometry;or

 

(B) That the applicant has practiced for at least ten (10)years immediately prior to retirement in good standing as an optometrist in one(1) or more of the branches of the United States armed services; and

 

(iv) A notarized statement from the applicant, on a formprescribed by the board, that the applicant:

 

(A) Will not accept any form of remuneration for any optometricservices rendered while in possession of a volunteer certificate;

 

(B) Will devote his practice exclusively and totally toproviding medical services to low income uninsured persons at a nonprofithealth care facility in this state; and

 

(C) Will provide any other documentation that the boardreasonably may require.

 

(e) The holder of a volunteer's certificate may provideoptometric services only on the premises of a nonprofit health care facility inthis state and only to low income uninsured persons. The holder shall notaccept any form of remuneration for providing optometric services while inpossession of the certificate. The board may revoke a volunteer's certificateon receiving proof satisfactory to the board that the holder has engaged inpractice in this state outside the scope of the certificate.

 

(f) A volunteer's certificate shall be valid for a period ofone (1) year, unless earlier revoked under subsection (e) of this section orpursuant to title 33, chapter 23 of the Wyoming statutes. A volunteer'scertificate may be renewed upon the application of the holder. The board shallmaintain a register of all persons who hold volunteer's certificates. The boardshall not charge a fee for issuing or renewing a certificate pursuant to thissection.

 

(g) To be eligible for renewal of a volunteer's certificate,the holder of the certificate shall certify to the board completion of anycontinuing education required under this act as if the holder of thecertificate were in active practice. The board shall not renew a certificate ifthe holder has not complied with the continuing education requirements. Thenonprofit health care facility in which the holder provides optometric servicesmay pay for or reimburse the holder for any costs incurred in obtaining therequired continuing education.

 

(h) The board shall issue to each person who qualifies underthis section a volunteer's certificate that states the certificate holder isauthorized to provide optometric services pursuant to the laws of this state.

 

(j) Except as provided in this section, any person holding avolunteer certificate issued by the board under this section shall be subjectto the requirements of this act and the jurisdiction of the board as if he werelicensed to practice optometry under this act.

 

(k) The board shall adopt rules to administer and enforce thissection.

 


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title33 > Chapter23

CHAPTER 23 - OPTOMETRISTS

 

33-23-101. Definitions and exceptions.

 

(a) As used in this act:

 

(i) "Board" means the Wyoming state board ofexaminers in optometry;

 

(ii) "License" means a current license to practiceoptometry in this state issued by the board;

 

(iii) "Licensee" means a person licensed by the boardunder this act;

 

(iv) "Optometrist" or "doctor of optometry"means a person licensed by the board under this act;

 

(v) "Physician" means a person holding a validlicense issued by the Wyoming state board of medicine under the MedicalPractice Act;

 

(vi) "Controlled substance" means any drug, substanceor immediate precursor listed in schedules I through V of article III of theWyoming Controlled Substances Act of 1971;

 

(vii) "Ophthalmic lenses" means any type of spectacleor contact lenses;

 

(viii) "Contact lenses" shall include contact lenseswith or without power;

 

(ix) "This act" means W.S. 33-23-101 through33-23-117.

 

(b) The practice of optometry is the employment of any meansother than the use of therapeutic lasers or surgery for diagnosing and treatingocular pathology and for the measurement of the powers or range of human visionor the determination of the accommodative and refractive status of the humaneye or the scope of its functions in general or the adaptation of lenses orframes for the aid thereof.

 

(c) The provisions of this chapter do not prevent a physicianfrom treating or fitting glasses to the human eye, or a physician oroptometrist from filling prescriptions or orders. Nor do the provisions of thischapter prevent the replacing, duplicating or repairing of ophthalmic lenses orthe frames or fittings thereof by persons qualified to write or fillprescriptions or orders under the provisions of this act, nor prevent the doingof the merely mechanical work upon such lenses or upon the frames or fittingsthereof.

 

(d) It is unlawful for any person to dispense, replace orduplicate ophthalmic lenses or any contact lenses without a prescription ororder from a physician or optometrist. A contact lens prescription shallspecifically state that it is intended for contact lenses and include the typeand specification of the contact lenses being prescribed. An optometrist shallprovide, at no additional cost to the patient, a written copy of his contactlens prescription. The prescription shall only be released after the contactlenses have been adequately fitted and no more follow-up visits are necessaryto assure the contact lenses fit the patient. The essential informationnecessary to duplicate the prescription shall be defined by rules adopted bythe board. All contact lens prescriptions shall have an expiration date afterwhich it shall be unlawful to fill such prescription. The prescribingoptometrist shall not be liable for any injury or condition to a patientresulting from negligence in packaging, manufacturing or dispensing lenses byanyone other than the prescribing optometrist. Any person may file a complaintwith the board seeking disciplinary action concerning any violation of thissubsection. The board shall investigate or cause to be investigated and shall resolvea complaint on its own motion or upon receipt of a written complaint asprovided by W.S. 33-23-110. No person shall improperly fill a contact lensprescription or fill an expired prescription.

 

(e) The provisions of this chapter do not prohibit the sale ofgoggles, sunglasses, colored glasses or occupational eye-protective devices ifthey do not have refractive values, nor do the provisions of this act prohibitthe sale of complete ready-to-wear eyeglasses as merchandise by any person notholding himself out as competent to examine, test or prescribe for the humaneye or its refractive errors.

 

(f) Nothing in this act shall prevent an optometrist fromusing assistants in his practice under his general supervision as defined inboard rule.

 

33-23-102. Optometrist's use of certain drugs; limitation.

 

An optometrist shall be allowed toadminister and prescribe pharmaceutical agents related to the practice ofoptometry, excluding the following categories of oral medications:immunosuppressives, steroids, anti-fungals, sedative-hypnotics, and schedule Iand II narcotics. No medication shall be given by injection. Oralanti-glaucoma medications may be administered for a period not to exceedforty-eight (48) hours. An optometrist who administers or prescribespharmaceutical agents for examination or for treatment shall provide the samestandard of care to patients as that provided by a physician utilizing the samepharmaceutical agents for examination or treatment.

 

33-23-103. License required; civil suit; damages.

 

(a) It is unlawful for any person in the state of Wyoming topractice or attempt to practice optometry or to advertise, or hold himself outas qualified to fit or adjust any lenses or lens in any manner or form as anaid to human eyesight, without first obtaining a license to practice optometry.

 

(b) A person who is damaged by another person who violates thissection may in addition to other remedies provided by law, institute suit inthe county where the violation occurred to require enforcement by injunctiveprocedures and to recover damages plus court costs and reasonable attorney'sfees.

 

(c) A person who is attending an optometry school accredited bya regional or professional accreditation organization which is recognized orapproved by the United States Department of Education (USDE) or the Council onHigher Education Accreditation (CHEA), or their successor agencies, maypractice optometry while doing an externship for said school under the directsupervision of an optometrist or physician licensed in this state.

 

33-23-104. Board of examiners in optometry; created; composition;designation; duties generally; appointment; qualifications and terms ofmembers; vacancies; oath.

 

The Wyoming state board of examiners inoptometry is created to carry out the purposes and enforce the provisions ofthis act. The board shall consist of three (3) members appointed by thegovernor. In 2005, one (1) board member shall be appointed for a term of three(3) years, one (1) board member shall be appointed for a term of two (2) yearsand one (1) board member shall be appointed for a term of one (1) year. Thereafter, the terms of the office of the members appointed shall be three (3)years or until their successors have qualified. Each member of the board shallbe a resident of the state of Wyoming and shall have been engaged in the actualpractice of optometry in the state for at least one (1) year prior toappointment. The governor shall make all appointments to fill vacancies causedby death, resignation or removal. The governor may remove any member asprovided in W.S. 9-1-202. The members of the board, before entering upon theirduties, shall take and subscribe to the oath required to be taken by stateofficers and shall file the oath in the office of the secretary of state.

 

33-23-105. Board of examiners in optometry; officers; powers ofmembers; meetings; quorum; records.

 

The board shall annually elect officers. Each member of the board shall have the power, during his term of office toadminister oaths and take affidavits, certifying thereto under his hand andseal provided and kept by the board. The board shall meet at least once ineach year, for the purpose of holding an examination, and in addition thereto,upon the call of the president or request of a majority of its members. Amajority of the board shall constitute a quorum. The secretary shall keep acomplete record of the proceedings of the board, which record shall be open topublic inspection at all reasonable times.

 

33-23-106. Board of examiners in optometry; per diem and expenses ofmembers; disposition of funds.

 

(a) Each member of the board may receive as compensation thesum paid each day to members of the state legislature for each day spent inboard meetings and per diem and mileage as is paid state employees. Expensesshall be paid from the fees, fines and assessments received under theprovisions of this act. All fees, fines, assessments and other monies receivedunder the provisions of this act, may be used for meeting the expenses of theboard and in carrying out the provisions of this act. In no event shall anyexpenses be charged against the state.

 

(b) All money shall be received and collected as provided bylaw. The state treasurer shall credit the money to a separate account.

 

33-23-107. Board of examiners in optometry; report to governor.

 

Theboard shall, as required by W.S. 9-2-1014, report to the governor.

 

33-23-108. Board of examiners in optometry; seal.

 

Theboard shall provide a seal which shall contain the words, "Wyoming StateBoard of Examiners in Optometry, Official Seal".

 

33-23-109. Examinations required of applicants for licensure;qualifications; existing practitioners, passing grade; reexamination; fees;renewal of license; retirement.

 

(a) Any applicant for licensure under this act is required topass the examination series administered by the National Board of Examiners inOptometry, or its successor agency, and any other examination specified by theboard in rule. The applicant shall be a graduate of an optometric school orcollege accredited by a regional or professional accreditation organizationwhich is recognized or approved by the council on postsecondary accreditationor the United States Department of Education (USDE) or the Council on HigherEducation Accreditation (CHEA), or their successor agencies. Examinations shallcover subjects designated by the board. Any currently licensed person intendingto employ diagnostic or therapeutic pharmaceutical agents in his practice is requiredto complete and pass a board approved course pertaining to the use of thoseagents.

 

(b) No applicant shall be passed by the board who fails toobtain a grade of seventy-five percent (75%) in every subject upon which he isexamined. If any applicant fails to pass any examination, he shall be examinedat the next or any succeeding examination only in the subject in which hefailed to obtain a grade of eighty-five percent (85%). The applicant shallapply for his license within six (6) months after he has satisfactorily passedthe examination or the examination shall be of no effect. Before engaging inthe practice of optometry, and after the license has been delivered to him,each licensed optometrist shall notify the board in writing of the place wherehe intends to begin practice and of any subsequent changes of his officelocation. Notices given to him by the board shall be given by mailing to thataddress.

 

(c) In addition to subsections (a) and (b) of this section, anapplicant for licensure under this act shall provide the board fingerprints andother information necessary for a criminal history record background check asprovided under W.S. 7-19-201.

 

(d) The board of examiners, pursuant to W.S. 33-1-201, shallestablish fees for the standard examination, initial license and the annualrenewal of the license. Every optometrist who desires to continue the practiceof optometry shall annually, on or before April 1, pay the board the requiredrenewal fee. A license which has expired due to failure to renew may bereinstated by the board upon receipt of the renewal fee and reinstatement andlate fees set by the board in accordance with W.S. 33-1-201 provided therequest for reinstatement is received in the board office no later than June 30of the year in which the license expired. An optometrist who previouslynotified the board that he had retired may renew his license by submittingrenewal fees for each year in which no license was issued and a reinstatementfee within three (3) years of the expiration date of the last license held. Upon retirement from active practice, an optometrist shall notify the board inwriting.

 

(e) The board may issue a license by endorsement to engage inthe practice of optometry to an applicant who is currently licensed in anotherUnited States or Canadian jurisdiction with substantially equivalentrequirements as Wyoming and who meets Wyoming requirements for licensure byendorsement. Applicants for licensure by endorsement shall comply withstandards set forth in board rules.

 

33-23-110. Refusal, suspension or revocation of license.

 

(a) The board may suspend, revoke or refuse to issue a licenseto any person who has been guilty of unprofessional and dishonest conduct,unethical conduct, conduct likely to deceive the public or failure to timelysubmit a renewal application.

 

(b) "Unprofessional and dishonest conduct" as used inthis act means:

 

(i) The loaning of his license by any licensed optometrist toany person; the employment of "cappers" or "steerers" toobtain business, "splitting" or dividing a fee with any person orpersons, the advertising by any means whatsoever of optometric practice ortreatment or advice in which untruthful, improbable, misleading or impossiblestatements are made;

 

(ii) Repealed by Laws 1995, ch. 42, 2.

 

(iii) Being guilty of offenses involving moral turpitude,habitual intemperance, or being habitually addicted to the use of morphine,opium, cocaine, or other drugs having a similar effect;

 

(iv) The obtaining of any fee by intentional fraud orintentional misrepresentation or false pretenses;

 

(v) The use of any other term by a person licensed under thisact except the term "optometrist" or "doctor of optometry"to designate his profession;

 

(vi) Employing either directly or indirectly any suspended orunlicensed optometrist to perform any work covered by the practice ofoptometry;

 

(vii) Incompetence, malpractice or unethical conduct;

 

(viii) Knowingly making any false statement of any material factin any application or other instrument required by law to be filed with theboard;

 

(ix) The board may clarify definitions stated in this subsectionby properly promulgated rules and regulations.

 

(c) Board disciplinary proceedings will be conducted inaccordance with the Wyoming Administrative Procedure Act and the rules andregulations of the board.

 

(d) Repealed by Laws 2005, ch. 59, 2.

 

(e) Repealed By Laws 2005, ch. 59, 2.

 

(f) Upon receipt from the department of family services of acertified copy of an order from a court to withhold, suspend or otherwiserestrict a license issued by the board, the board shall notify the party namedin the court order of the withholding, suspension or restriction of the licensein accordance with the terms of the court order. No appeal under the WyomingAdministrative Procedure Act shall be allowed for a license withheld, suspendedor restricted under this subsection.

 

33-23-111. Limitation on rights conferred by license; prohibited acts.

 

(a) Nothing in this act shall be construed as conferring on theholder of a license issued by the board, the title "doctor ofmedicine," "ophthalmologist," or any other word or abbreviationindicating that he is engaged in the practice of medicine.

 

(b) It is unlawful:

 

(i) For any person to approach any place of employment eitherin person or through agents for the purpose of selling ophthalmic lenses, eyeexaminations or optometric services;

 

(ii) For any person to advertise prescription eyeglasses orcontact lenses, which correct visual deficiencies or defects, frames or theirsupporting accessories or professional services in a false, deceptive ormisleading manner;

 

(iii) For any person to make a sworn statement or affidavit inconnection with any matter relating to this act proven to be false;

 

(iv) For any person not holding a license to practice optometry.

 

33-23-112. Repealed by Laws 1995, ch. 42, 2.

 

 

33-23-113. License to be displayed.

 

Every person holding a license to practiceoptometry in the state of Wyoming shall display the license, in its entirety,in a conspicuous place in his office, wherein the practice of optometry isconducted.

 

33-23-114. Continuing education courses required.

 

Alloptometrists shall take courses of study in subjects relating to the practiceof the profession of optometry for the utilization and application of newtechniques, scientific and clinical advances, and achievements of researchwhich will assure expansive and comprehensive care to the public. The boardshall prescribe the length of study. Attendance shall be at a course or coursesapproved by the board. Attendance at any course or courses of study is to becertified to the board upon a form provided by the board and submitted by eachoptometrist to the board. The board may use up to one-half (1/2) of its annualrenewal fees for the purposes of contracting with institutions of higherlearning, professional organizations, or qualified individuals to provideeducational programs that meet this requirement. The board may also treat fundsset aside for the purpose of continuing education as state funds for thepurpose of accepting any funds made available under federal law on a matchingbasis for the programs of continuing education. In no instance may the boardrequire a greater number of hours of study than are available at approvedcourses held within this state. The board may waive the requirements of thissection in cases of certified illness or undue hardship.

 

33-23-115. Penalty; injunction; civil penalty; jury trial.

 

(a) Any person who violates any provision of W.S. 33-23-101through 33-23-117 is guilty of a misdemeanor and upon conviction shall be finednot more than seven hundred fifty dollars ($750.00) or imprisoned not more thansix (6) months in the county jail, or both.

 

(b) Any person aggrieved by a violation of W.S. 33-23-101through 33-23-117, the Wyoming state board of examiners of optometry, theattorney general or the district or county attorney may institute suit in thecounty in which a violation of W.S. 33-23-101 through 33-23-117 occurred torequire enforcement by injunctive procedures and to recover a civil penalty notto exceed ten thousand dollars ($10,000.00) per violation, plus costs.

 

(c) Where a civil penalty is sought the defendant shall beentitled to a jury trial.

 

33-23-116. Rules and regulations.

 

The board may promulgate rules andregulations in accordance with the Wyoming Administrative Procedure Act.

 

33-23-117. Optometry volunteer license.

 

(a) As used in this section, "low income uninsuredperson" and "nonprofit health care facility" have the samemeanings as in W.S. 33-15-131(a).

 

(b) For purposes of this section, a person shall be consideredretired from practice if the person's license or certificate has expired.

 

(c) The state board of optometry may issue, with or withoutexamination, a volunteer certificate to a person who is retired from practiceso that the person may provide optometry services to low income uninsuredpersons at nonprofit health care facilities. The board shall deny issuance of avolunteer's certificate to a person who is not qualified under this section tohold a volunteer's certificate.

 

(d) An application for a volunteer's certificate shall includeall of the following:

 

(i) A copy of the applicant's optometry degree;

 

(ii) One (1) of the following, as applicable:

 

(A) A copy of the applicant's most recent license orcertificate authorizing the practice of optometry issued by a jurisdiction inthe United States that licenses persons to practice optometry; or

 

(B) A copy of the applicant's most recent license equivalent toa license to practice optometry in one (1) or more branches of the UnitedStates armed services that the United States government issued.

 

(iii) Evidence of one (1) of the following, as applicable:

 

(A) That the applicant has maintained for at least ten (10)years immediately prior to retirement full licensure in good standing in anyjurisdiction in the United States that licenses persons to practice optometry;or

 

(B) That the applicant has practiced for at least ten (10)years immediately prior to retirement in good standing as an optometrist in one(1) or more of the branches of the United States armed services; and

 

(iv) A notarized statement from the applicant, on a formprescribed by the board, that the applicant:

 

(A) Will not accept any form of remuneration for any optometricservices rendered while in possession of a volunteer certificate;

 

(B) Will devote his practice exclusively and totally toproviding medical services to low income uninsured persons at a nonprofithealth care facility in this state; and

 

(C) Will provide any other documentation that the boardreasonably may require.

 

(e) The holder of a volunteer's certificate may provideoptometric services only on the premises of a nonprofit health care facility inthis state and only to low income uninsured persons. The holder shall notaccept any form of remuneration for providing optometric services while inpossession of the certificate. The board may revoke a volunteer's certificateon receiving proof satisfactory to the board that the holder has engaged inpractice in this state outside the scope of the certificate.

 

(f) A volunteer's certificate shall be valid for a period ofone (1) year, unless earlier revoked under subsection (e) of this section orpursuant to title 33, chapter 23 of the Wyoming statutes. A volunteer'scertificate may be renewed upon the application of the holder. The board shallmaintain a register of all persons who hold volunteer's certificates. The boardshall not charge a fee for issuing or renewing a certificate pursuant to thissection.

 

(g) To be eligible for renewal of a volunteer's certificate,the holder of the certificate shall certify to the board completion of anycontinuing education required under this act as if the holder of thecertificate were in active practice. The board shall not renew a certificate ifthe holder has not complied with the continuing education requirements. Thenonprofit health care facility in which the holder provides optometric servicesmay pay for or reimburse the holder for any costs incurred in obtaining therequired continuing education.

 

(h) The board shall issue to each person who qualifies underthis section a volunteer's certificate that states the certificate holder isauthorized to provide optometric services pursuant to the laws of this state.

 

(j) Except as provided in this section, any person holding avolunteer certificate issued by the board under this section shall be subjectto the requirements of this act and the jurisdiction of the board as if he werelicensed to practice optometry under this act.

 

(k) The board shall adopt rules to administer and enforce thissection.

 

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