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74-1504. Same; powers and duties; examinations; meetings. (a) The board shall administer and enforce the provisions of the optometry law, and the board is hereby granted such specific powers as are necessary for the purpose of administering and enforcing such law. In addition, the board may:

(1) Employ agents, attorneys and inspectors under such rules and regulations as the board may prescribe in accordance with the provisions of the optometry law, except that no state officer shall be eligible for employment by the board.

(2) Make all necessary disbursements, to carry out the provisions of this act, including payment for stationery supplies, acquire all necessary optical instruments to be used in the conducting of examination, print and distribute to all optometrists in the state a yearbook of the names and addresses of all optometrists licensed by the board.

(3) Grant all licenses as seem just and proper and to suspend, limit, revoke or refuse to renew any such licenses granted for any of the causes specified under K.S.A. 65-1506 and amendments thereto.

(4) Administer oaths and take testimony upon granting or refusing to grant, revoking, limiting or suspending licenses.

(5) Issue subpoenas, compel the attendance of witnesses and the production of any papers, books, accounts, documents and testimony, and to cause the deposition of witnesses, either residing within or without the state, to be taken in the manner prescribed by law for taking depositions in civil actions in the district courts. In case of disobedience on the part of any person to comply with any subpoena issued in behalf of the board, or on the refusal of any witness to testify to any matters regarding which such witness may be lawfully interrogated, the judge of the district court of any county, on application of a member of the board, may compel obedience by proceedings for contempt, as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify in such court. Each witness who appears before the board by the board's order or subpoena, other than a state officer or employee, shall receive for attendance the fees and mileage provided for witnesses in civil cases in courts of record which shall be audited and paid upon the presentation of proper vouchers sworn to by such witnesses and approved by the president and secretary-treasurer of the board.

(6) Adopt rules and regulations for the procedure and conduct of the board and for the administration of the optometry law, which rules and regulations shall not be inconsistent with the provisions of the optometry law.

(b) The board shall meet at least annually for the purpose of examining applicants for licensure. Such meetings shall be held in Topeka. At least 30 days prior to the examination, the board shall cause a special notice to be published in the Kansas register stating the date and hour for holding such examination. Special meetings shall be held at such times and places as the board may direct.

(c) The board shall preserve an accurate record of all meetings and proceedings of the board including receipts and disbursements with vouchers therefor and complete minutes of all prosecutions and violations of the optometry law and of examinations held under the provisions of the optometry law and an accurate inventory of all property of the board. All such records shall be kept in the office of the board and made accessible to the public.

History: L. 1923, ch. 220, § 7; R.S. 1923, 74-1504; L. 1939, ch. 240, § 8; L. 1943, ch. 269, § 15; L. 1953, ch. 366, § 1; L. 1967, ch. 434, § 27; L. 1990, ch. 223, § 11; July 1.

Source or Prior Law:

L. 1909, ch. 229, § 15.

Cross References to Related Sections:

Procedure for adoption and filing rules and regulations, see chapter 77, article 4.

Law Review and Bar Journal References:

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


1. 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.

2. Manner of appointment of board of examiners in optometry held constitutional. Marks v. Frantz, 179 Kan. 638, 642, 644, 646, 298 P.2d 316.

3. Order revoking license upheld; rules for determination of legality of order stated. Marks v. Frantz, 183 Kan. 47, 48, 50, 325 P.2d 368.

4. Cited in upholding validity of license revocation proceeding; conclusions of board supported by substantial competent evidence. Copeland v. Kansas State Board of Examiners in Optometry, 213 Kan. 741, 749, 518 P.2d 377.

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