Sections amended. Board of examiners in optometry, etc. [No. 164.] AN ACT to amend sections one, three, seven and eight of act number seventy-one of the public acts of nineteen hundred nine, as amended, entitled "An act to provide for the examination, regulation, licensing and registration of optometrists practicing optometry and for the punishment of offenders against this act," being sections six thousand seven hundred ninety-five, six thousand seven hundred ninety-seven, six thousand eight hundred one and six thousand eight hundred two of the compiled laws of nineteen hundred fifteen, as amended by act number two hundred twenty-five of the public acts of nineteen hundred nineteen. The People of the State of Michigan enact: SECTION 1. Sections one, three, seven and eight of act number seventy-one of the public acts of nineteen hundred nine, entitled "An act to provide for the examination, regulation, licensing and registration of optometrists practicing optometry, and for the punishment of offenders against this act," being sections six thousand seven hundred ninety-five, six thousand seven hundred ninety-seven, six thousand eight hundred one and six thousand eight hundred two of the compiled laws of nineteen hundred fifteen, as amended by act number two hundred twenty-five of the public acts of nineteen hundred nineteen. are hereby amended, said amended sections to read as follows: SEC. 1. The governor shall appoint on or before November first, nineteen hundred nine, five electors of the state who appointment, shall constitute a board of examiners in optometry. All persons so appointed shall have been actively engaged in the practice of optometry in harmony with sections seven and eight of this act for at least five years preceding the time of such appointment. The secretary and treasurer of said board shall furnish the governor whenever requested to do so, a complete and correct list of the registered optometrists under the provisions of this act who are severally holders of a certificate of registration issued upon examination and the appointments of the members of said board shall at all times be made from the list of registered optometrists so furnished to the governor. The persons so appointed shall hold office respectively, two for six years, two for four years, and one for two years, beginning with the first day of November, nineteen hundred nine, and thereafter the governor shall appoint, before the first day of November of each biennial period, such number of persons as there are terms expiring, qualified as aforesaid to hold the office, for six years from the first day of November next ensuing. The governor shall also fill vacancies occasioned by death or otherwise, and may re Terms of office. Vacancies, how filled. move any member for the continued neglect of the duties required by this act. Vacancies in said board shall be filled in accordance with the provisions of this act for the appointment of the original board, and any person appointed to fill a vacancy shall hold office during the unexpired term of the member whose place he fills. No member of any optical school or college or an instructor in optometry or connected in any way therewith, nor any person connected with any manufacturing, wholesale or jobbing house of optical supplies or instruments used by optometrists shall be eligible to an appointment upon said board. The business of said board shall be transacted by and receive the concurrent vote of at least three members. instruction. SEC. 3. From and after the first day of May, nineteen hun- Examination. dred ten, any applicant for registration under this act shall be required to pass an examination, as hereinafter provided. Such applicant shall be twenty-one years of age, of good moral character, and shall be possessed of an education equal to a four years' high school course, Michigan standard: Pro- Proviso. vided, That should the applicant be unable to prove four years' actual attendance at a high school, then the board may determine the applicant's qualifications by proper preliminary examination, the fees for which shall be five dollars, to be paid by the applicant. After May first, nineteen hundred twentyfive, the applicant shall be any person of good moral character who is a graduate of an optometric school or college teaching optometry and giving a course of at least two years of six months each. The said board is hereby empowered to Clinical fix from time to time, the number of hours of actual clinical instruction and recitation necessary to constitute a year's attendance course at an optometric school or college, to comply with the requirements herein stated. The educational requirements provided for in this act shall not apply to any registered optometrist now practicing within this state. The Subjects. said board shall examine all applicants shown to have the necessary qualifications as above set forth, in normal, and abnormal, refractive, accommodative and muscular conditions and co-ordination of the eye, and subjective and objective optometry, the principles of lens grinding, frame adjusting, and such other subjects as may be deemed necessary by said board to determine the applicant's qualifications to practice optometry. The examination shall be deemed satisfactorily when certifipassed and the applicant registered and given a certificate of cate given. registration, if he shall attain an average standing of not less than seventy-five per cent on all subjects submitted. The applicant shall apply for his certificate of registration within six months after he shall satisfactorily have passed said examination. Otherwise the examination shall be considered and held void and of no effect. On all certificates awarded on examination there shall be printed or stamped the words "Awarded on examination." Said board of examiners shall Fees. charge the following fees for examination, registration and Proviso. renewal of certificates: The sum of twenty-five dollars for the standard examination; five dollars for the preliminary examination; ten dollars for initial registration, and five dollars annually for the renewal of certificate of registration. However, where applicant has been duly registered in another state as hereinafter provided, no initial registration fee shall be required, but said applicant shall be required to pay the Renewal fee. standard examination fee. Every registered optometrist who desires to continue the practice of optometry shall annually on or before the first day of January pay to the secretary of the board a renewal registration fee of five dollars per annum, for which he shall receive a renewal of his certificate. In case of neglect to pay the renewal registration fee the board may revoke such certificate and the holder thereof may be reinstated by complying with the conditions specified in this act. But no certificate shall be revoked without giving sixty days' notice to the delinquent who within such period shall have the right to renewal of such certificate on the payment of the renewal fee, with a penalty of five dollars: Provided, That retirement from practice for a period not exceeding five years shall not deprive the holder of said certificate of the right to renew his certificate on payment of the lapsed fees, and the five dollar penalty above provided. An applicant for certificate of registration who has been examined and granted a certificate of registration upon examination by the state board of optometrical examiners of another state which through reciprocity, similarly accredits the holder of a certificate issued by the board of examiners in optometry of this state, to full privileges of practice within said state, shall on the payment of a fee of twenty-five dollars to said board as herein before provided, and on filing in the office of said board a true copy of said certificate duly attested by the president and secretary of the state board issuing the same, and showing that the standard of educational requirements adopted and enforced by said board is equal to that provided by this act, shall, without further examination, receive a certificate of registration: Provided, That such applicant has not previously failed at an examination held by the board of examiners in optometry of this state. Proviso. Optometry, what deemed practice of. SEC. 7. The practice of optometry is hereby defined as being either one or any combination or part of the following: (a) The examination of the human eye to ascertain the presence of defects or abnormal conditions which may be corrected, remedied or relieved, or the effects of which may be corrected, remedied or relieved by the use of lenses or prisms; (b) The employment of objective or subjective physical means to determine the accommodative or refractive conditions or the range or powers of vision or muscular equilibrium of the human eye; (c) The adaptation or the adjustment of the lenses or prisms to correct, relieve or remedy any defect or abnormal condition or to correct, relieve or remedy the effect of any defect or abnormal condition of the human eye, or (d) The employment of objective and subjective means for the examination of the human eye for the purpose of ascertaining any departure from the normal, measuring the powers of vision, and adapting lenses for the aid thereof: Provided, That the provisions of this act shall not be con- Proviso. sidered or construed to apply to physicians and surgeons duly licensed to practice medicine or surgery within the provisions of act number two hundred thirty-seven of the public acts of eighteen hundred ninety-nine, or acts amendatory thereto, nor to prevent persons selling spectacles or eye glasses on prescription from any duly qualified optometrist or physician; nor to prevent any person or persons selling glasses as an article of merchandise and not trafficking or attempting to traffic upon assumed skill. tices. SEC. 8. Nothing in this act shall be construed as con- Titles not ferring on the holder of any certificate of registration issued conferred. by said board, the title doctor, oculist or ophthalmologist, or any other word or abbreviation indicating that he is engaged in the practice of medicine or surgery, or the treatment or diagnosis of diseases of or injuries to the human eye, or to the right to use drugs or medicines in any form for the treatment or examination of the human eye. It shall be un- Illegal praclawful for any person registered under this act to practice medicine or surgery within the provisions of act number two hundred thirty-seven of the public acts of eighteen hundred ninety-nine, or acts amendatory thereto, or to use any title or appellation used in a sense to indicate the practice of medicine or to use the title doctor or the prefix "Dr." unless such title has been properly conferred upon said person by a state university or legally chartered college or school of optometry legally empowered to confer such title of doctor or a doctorate degree. It shall also be unlawful for any optometrist registered under this act to advertise in any manner whatsoever, the services of an oculist or ophthalmologist in conjunction with his or her practice of optometry unless such oculist or ophthalmologist be actually employed in the office of such optometrist to practice medicine or surgery within the provisions of act number two hundred thirtyseven of the public acts of eighteen hundred ninety-nine. It shall also be unlawful for any person except physicians and surgeons as hereinbefore provided, not registered under the provisions of this act and not being the possessor of a certificate of registration in force and not lapsed or revoked or who has not paid the annual renewal fee in this act provided to be paid to practice optometry as defined in section seven of this act. It shall also be unlawful for any person except registered optometrists under the provisions of this act, whose certificate of registration has 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. It shall also be unlawful for any person except those registered under the provisions of this act and whose certificate of registration has not been revoked, to have in his possession any trial lenses, trial frames, graduated test cards or other appliances or instruments for the purpose of rendering assistance to his patrons in the selection of lenses, spectacles or eye glasses, or to use in testing the eyes for the sale of spectacles or eye glasses, lenses other than the lenses actually sold, or to sell precision lenses or replace broken lenses in spectacles or eye glasses except upon prescription of a regularly licensed optometrist or physician. Any person making a sworn statement or affidavit in connection with any matter relating to this act proved to be false, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished as provided in section nine of this act. Approved May 10, 1923. Section amended. Salary. [No. 165.] AN ACT to amend section thirty-five of act number one hundred eighty-three of the public acts of eighteen hundred ninety-seven, entitled "An act to provide for the appointment and to fix the term of office, duties and compensation of circuit court stenographers in the state of Michigan," being compiler's section fourteen thousand five hundred two of the compiled laws of nineteen hundred fifteen, as amended by act number three hundred eighty-one of the public acts of nineteen hundred twenty-one. The People of the State of Michigan enact: SECTION 1. That section thirty-five of act number one hundred eighty-three of the public acts of eighteen hundred ninety-seven, entitled "An act to provide for the appointment and to fix the term of office, duties and compensation of circuit court stenographers in the state of Michigan," being compiler's section fourteen thousand five hundred two of the compiled laws of nineteen hundred fifteen, as last amended by act number three hundred eighty-one of the public acts of nineteen hundred twenty-one, is amended to read as follows: SEC. 35. In the twenty-second circuit the stenographer shall be paid an annual salary of three thousand dollars. Approved May 10, 1923. |