Administrative Rule Review Report  #AR11-021

Legislative Service Office

04-May-11

AGENCY: Board of Optometry.

DATE SUBMITTED: May 3, 2011.

SUBJECT: Chapter 3, License Issuance and Renewal; and  Chapter 5, Standards of Practice.

NATURE OF RULES:                     Legislative and procedural.

STATUTORY AUTHORITY:         W.S. 33-23-116.

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:  Apparently complete to date.  No comments were received by the agency during the comment period.

SUMMARY OF RULES:  These rules amend Chapters 3 and 5 to clarify continuing education requirements, define unethical conduct and to clarify rules regarding advertising professional services.  Specifically, the rules clarify the time period for meeting continuing education requirements, specify the types of courses that will count toward continuing education requirements, prohibit duplication of courses, define unethical conduct to include the disclosure of optometry examination results, permit the advertisement of services only to the extent no specialization is indicated and make grammatical changes.

FINDINGS:  The rules appear to be within the scope of statutory authority and legislative intent.

STAFF RECOMMENDATION:  That the rules be placed on the Consent List and be approved by the Council as submitted by the agency.

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Ian Shaw

Staff Attorney

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Lynda G. Cook

Staff Attorney

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