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Call Now: 904-383-7448The 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.
(Code 1933, § 84-1110A, enacted by Ga. L. 1963, p. 214, § 1; Ga. L. 1982, p. 1278, § 3; Ga. L. 1983, p. 3, § 32.)
- Rules of the profession, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Georgia State Board of Examiners in Optometry, Chapter 430-1 et seq.
- 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).
- 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).
- 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).
- 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).
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 ever-expanding 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).
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).
Cited in Womble v. State Bd. of Exmrs., 221 Ga. 457, 145 S.E.2d 485 (1965); Wall v. American Optometric Ass'n, 379 F. Supp. 175 (N.D. Ga. 1974).
Neither board nor any member thereof should encourage voluntary contributions to assist in meeting expenses incurred in administration of board's affairs. 1945-47 Op. Att'y Gen. p. 504.
- 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.
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