54-1501. PRACTICE OF OPTOMETRY DEFINED. Optometry is defined as the science which relates to the examination, diagnosis and treatment of conditions of or relating to the eyes and/or eyelids, the analysis of their function and the employment of preventive or corrective measures to ensure maximum vision and comfort. The practice of optometry is declared to be a learned profession. The practice of optometry affects the public health, welfare and safety and the public interest requires regulation and control of the practice of optometry and limitation of the practice to qualified persons. The "practice of optometry" means:

(1) To engage in the profession of examining, testing, measuring, treating, correcting, developing or improving the human visual apparatus;

(2) To display any sign, circular, advertisement or device offering to examine eyes, test eyes, fit glasses, adjust frames or prescribe lenses, or by any means or method set oneself forth as an optometrist, doctor of optometry, optometric physician, optical doctor, doctor of optical science, O.D., Opt. D., optician, optical specialist, eye specialist, or refractionist, or any other designation of like import;

(3) To employ in the examination, diagnosis or treatment of another, any means, including the use of diagnostic pharmaceutical agents and pharmaceutical agents for therapeutic use, for the measurement, improvement or development of any or all functions of human vision or the assistance of the powers of range of human vision or the determination of the accommodative or refractive status of human vision or the scope of its functions in general. The state board of optometry may, pursuant to rules adopted by it, issue a certificate to optometrists licensed in this state authorizing the optometrist to prescribe, administer and dispense such therapeutic pharmaceutical agents for the treatment of conditions of the eye and/or eyelid, as approved by the board of optometry and as identified in rules adopted by the board of optometry. Such certificate shall only be issued to an optometrist who:

(a) Has successfully passed the "treatment and management of ocular disease" section of the optometrist examination approved by the international association of boards of examiners in optometry, inc. or an equivalent examination as may be approved by the state board of optometry;

(b) Is the holder of a certificate for the use of diagnostic pharmaceutical agents issued by the state board of optometry; and

(c) Has completed such appropriate additional educational and clinical experience requirements as shall be established by the state board of optometry pursuant to section 54-1509, Idaho Code;

(4) To remove superficial foreign bodies and to diagnose and treat superficial conditions of the eye and eyelid. The practice of optometry shall not include the use of therapeutic lasers;

(5) To sell or offer for sale, otherwise than on prescription, any lens with spherical, prismatic or cylindrical power, including plano or cosmetic contact lenses;

(6) To prescribe or adapt lenses, including contact lenses, exercises, orthoptics, vision therapy or other physical means to correct defects or adjust human vision to the conditions of a special occupation; or

(7) To do or offer to do any of the foregoing with intent of receiving therefor, either directly or indirectly, any fee, gift, remuneration or compensation whatsoever.

History:

[54-1501, added 1972, ch. 91, sec. 2, p. 179; am. 1981, ch. 73, sec. 1, p. 105; am. 1987, ch. 210, sec. 1, p. 443; am. 1989, ch. 33, sec. 1, p. 38; am. 1990, ch. 299, sec. 1, p. 826; am. 1993, ch. 110, sec. 1, p. 280; am. 1997, ch. 300, sec. 1, p. 891; am. 2009, ch. 118, sec. 1, p. 376.]