O.C.G.A. § 43-30-5 (2019)
Adoption of rules and regulations by board generally; restrictions on practice locations for doctors of optometry
The board shall have the authority and power to adopt, establish, enforce, and maintain rules and regulations applicable to the practice of optometry adequate to put this chapter into effect and to regulate the practice of optometry as a profession in conformity with and in compliance with accepted professional standards; provided, however, the board shall not provide by rule to restrict the location of the practice of a licensed doctor of optometry, and any such rule now in effect shall be null and void.
History
Code 1933, § 84-1110A, enacted by Ga. L. 1963, p. 214, § 1; Ga. L. 1982, p. 1278, § 3; Ga. L. 1983, p. 3, § 32. Administrative rules and regulations. Rules of the profession, Official Compi-
lation of the Rules and Regulations of the State of Georgia, Rules of Georgia State Board of Examiners in Optometry, Chapter 430-1 et seq.
Annotations
JUDICIAL DECISIONS Delegation by legislature of rulemaking authority is constitutional. - Legislative department of state, wherein Constitution has lodged all legislative authority, will not be permitted to relieve itself by delegation thereof. It cannot confer on any person or body the power to
determine what the law shall be. But this constitutional inhibition does not prevent grant of legislative authority to some administrative board or other tribunal to adopt rules, by-laws, or ordinances for its government, or to carry out a particular purpose. Pearle Optical of Monroeville,
Inc. v. Georgia State Bd. of Exmrs. in Optometry, 219 Ga. 364, 133 S.E.2d 374, 1963 Ga. LEXIS 458 (1963). Scope of rule-making authority. - Rules promulgated by administrative boards must be within framework of act creating the boards and designed to accomplish purpose of the act. Pearle Optical of Monroeville, Inc. v. Georgia State Bd. of Exmrs. in Optometry, 219 Ga. 364, 133 S.E.2d 374, 1963 Ga. LEXIS 458 (1963). Rules promulgated hereunder have force of law. - When prescribed by proper action of the board, rules and regulations have all force and effect of statutes of the state. To disobey the rules and regulations is to violate the law. Pearle Optical of Monroeville, Inc. v. Georgia State Bd. of Exmrs. in Optometry, 219 Ga. 364, 133 S.E.2d 374, 1963 Ga. LEXIS 458 (1963). To safeguard public, state may regulate learned professions. - In order to safeguard the public, the state may make proper regulations concerning practice of medicine and surgery, dentistry, optometry, chiropody, chiropractic, and
nursing; the state may also regulate practice of law. Pearle Optical of Monroeville, Inc. v. Georgia State Bd. of Exmrs. in Optometry, 219 Ga. 364, 133 S.E.2d 374, 1963 Ga. LEXIS 458 (1963). Practice of optometry is subject to regulation for protection of public against ignorance, incapacity, deception, and fraud, equally with practice of ophthalmology and other learned professions, a category originally confined to theology, law, and medicine, but long since broadened in keeping with the diffusion of scientific learning and the need of specialized knowledge in functioning of the everexpanding and complex society. Pearle Optical of Monroeville, Inc. v. Georgia State Bd. of Exmrs. in Optometry, 219 Ga. 364, 133 S.E.2d 374, 1963 Ga. LEXIS 458 (1963). Inhibiting employment of licensed optometrist by unlicensed person or corporation is in keeping with public policy. Pearle Optical of Monroeville, Inc. v. Georgia State Bd. of Exmrs. in Optometry, 219 Ga. 364, 133 S.E.2d 374, 1963 Ga. LEXIS 458 (1963).
OPINIONS OF THE ATTORNEY GENERAL Neither board nor any member thereof should encourage voluntary contributions to assist in meeting expenses incurred in administration of board’s affairs. 1945-47 Ga. Op. Att’y Gen. 504. Board may require incorporated optometrists to use personal name
only. - State Board of Examiners in Optometry has the authority to require optometrists who incorporate under Ga. L. 1970, p. 243, § 1 (see now O.C.G.A. Ch. 7, T. 14) to use only their personal names in naming the professional corporation. 1971 Op. Att’y Gen. No. 71-180.