54-1502A. NONLICENSED PERSONS — PENALTIES AND REMEDIES. (1) The board may investigate any person engaged in the practice of optometry within the state of Idaho or any person believed to have acted as an optometrist without being duly licensed as required by this chapter. Upon receipt of a written complaint, the board shall perform an investigation of the facts alleged. If the board investigation reveals that the facts alleged or received are sufficient to proceed with formal action, the board may authorize the filing of an administrative complaint against the person and may seek injunctive relief prohibiting such person from engaging in the practice of optometry. In addition or alternatively, the board may refer violators of the provisions of this chapter for prosecution pursuant to section 54-1513, Idaho Code.
(2) Each violation of the provisions of section 54-1502, Idaho Code, shall, upon conviction, result in a fine in an amount not to exceed one thousand dollars ($1,000), or imprisonment in the county jail for not less than thirty (30) days but not more than ninety (90) days, or by both such fine and imprisonment.
(3) The assessment of costs and fees incurred in the investigation and prosecution or defense of a person under this section shall be governed by the provisions of section 12-117(5), Idaho Code.
History:
[54-1502A, added 2009, ch. 118, sec. 3, p. 378; am. 2018, ch. 348, sec. 6, p. 803.]
Structure Idaho Code
Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES
Section 54-1501 - PRACTICE OF OPTOMETRY DEFINED.
Section 54-1502 - LICENSE A PREREQUISITE TO PRACTICE.
Section 54-1502A - NONLICENSED PERSONS — PENALTIES AND REMEDIES.
Section 54-1503 - STATE BOARD OF OPTOMETRY ESTABLISHED — QUALIFICATIONS.
Section 54-1506 - LICENSE FEES.
Section 54-1508 - STATE BOARD OF OPTOMETRY — ORGANIZATION — MEETINGS — EXPENSES.
Section 54-1509 - STATE BOARD OF OPTOMETRY — POWERS AND DUTIES.
Section 54-1510 - REVOCATION OF LICENSES — GROUNDS.
Section 54-1512 - PENALTIES AND REINSTATEMENT.
Section 54-1513 - DUTY OF PROSECUTING ATTORNEY — DUTY OF ATTORNEY GENERAL.
Section 54-1514 - PUBLICATION OF DIRECTORY AND LAW.
Section 54-1515 - LIMITATIONS ON APPLICATION OF CHAPTER.
Section 54-1516 - LIMITATION ON APPLICATION OF CHAPTER — NURSES, SCHOOL TEACHERS OR WELFARE WORKERS.
Section 54-1518 - DIVISION OF OCCUPATIONAL AND PROFESSIONAL LICENSES — POWERS AND DUTIES.
Section 54-1519 - EXAMINATIONS — APPLICATIONS.
Section 54-1520 - LICENSE — QUALIFICATIONS OF APPLICANTS — ISSUANCE.
Section 54-1521 - CONDUCT OF EXAMINATIONS — SUBJECT INCLUDED.
Section 54-1522 - LICENSE — RENEWAL AND REINSTATEMENT — CERTIFICATION REQUIREMENT.