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74-1501. Board of examiners in optometry; appointment; qualifications; vacancies; removal. The governor shall appoint a board of examiners in optometry for the state of Kansas, consisting of five members. Four members shall be selected after consideration of a list of four or more names for each appointment, submitted by the Kansas optometric association, or its successor. One member shall be a representative of the general public. No person other than the member representing the general public shall be eligible for appointment as a member of the board unless such person has been engaged in the actual practice of optometry in the state of Kansas continuously for five years and is a resident thereof. All members shall serve for a term of three years, but in no case shall any member be appointed for more than three successive three-year terms. In the case of a vacancy in the membership of the board for any reason, the governor shall appoint a successor of like qualifications to fill the unexpired term, and in making such appointment the governor shall give consideration to the list of persons last submitted. Each member of the board shall hold office until a successor is duly appointed and qualified. The governor shall have the power to remove from office any member of the board for neglect of duty, incompetency, improper or unprofessional conduct.

History: L. 1923, ch. 220, § 4; R.S. 1923, 74-1501; L. 1975, ch. 318, § 9; L. 1978, ch. 308, § 56; L. 1981, ch. 299, § 52; L. 1996, ch. 95, § 4; April 4.

Source or Prior Law:

L. 1909, ch. 229, §§ 3, 4.

Law Review and Bar Journal References:

"Written Testimony of Richard E. Levy Before the House Agriculture Committee, State of Kansas," Richard E. Levy, 42 K.L.R. 265, 280 (1994).

"The Private Nondelegation Doctrine in Kansas and the Kansas State High School Activities Association," Eric Theroff, 44 K.L.R. 633, 640 (1996).

"Reconsidering the Regulation of Health Professionals in Kansas," Lisa E. Bartra, 5 Kan. J.L. & Pub. Pol'y, No. 3, 155, 159, 167, 171, 173 (1996).

CASE ANNOTATIONS

1. Act cited in distinguishing practicing of medicine and surgery and osteopathy. State, ex rel., v. Gleason, 148 Kan. 1, 8, 79 P.2d 911. Rehearing denied: 148 Kan. 458, 84 P.2d 48. Opinion on postdecision motions: 148 Kan. 459, 83 P.2d 425.

2. Chapter 74, article 15 and chapter 65, article 15 construed as single act. Marks v. Frantz, 179 Kan. 638, 643, 644, 298 P.2d 316.

3. Manner of appointment not unconstitutional as delegation of governmental power to private corporation. Marks v. Frantz, 179 Kan. 638, 643, 644, 647, 298 P.2d 316.

4. Order revoking license upheld; rules for determination of legality of order stated. Marks v. Frantz, 183 Kan. 47, 48, 325 P.2d 368.

5. Act cited in holding administrative procedure for revocation of license was not arbitrary, capricious or unreasonable. Copeland v. Kansas State Board of Examiners in Optometry, 213 Kan. 741, 744, 518 P.2d 377.


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