CHAPTER 1

GENERAL

Section 1. Authority . The following Rules and regulations, including all chapters have been adopted and promulgated by the Wyo- ming Board of Examiners in Optometry pursuant to their authority under the Wyoming Optometry Practice Act, W.S. 33-23-101 et seq. and pursu- ant to the Wyoming Administrative Procedures Act W.S. 16-3-101 et seq.

Section 2. Statement of Purpose . The Board of Examiners in Optometry rules and regulations are set forth for the purpose of in- terpreting and implementing W.S. 33-23-101 et seq., provide for the administration of this Act, promulgate rules and regulations providing for the licensure of optometrists, regulate the qualification and standards of education and performance required for licensure and licensure renewal, provide for enforcement and penalties, and the setting of fees.

Section 3. Severability . If any provision of these regulations or the application thereof to any person or circumstance is invalid, such invalidity shall not affect other provisions or application of these regulations which can be given effect without the invalid provi- sion or application, and to this end the provisions of these regula- tions are declared to be severable.

Section 4. Definitions . All definitions set forth in this Act shall be incorporated into these Rules in addition to the following:

1. (a) "Act" means Wyoming Optometry Practice Act W.S. 33-23-101 et seq.
2. (b) "Board" means the Wyoming Board of Examiners in Optometry.
3. (c) "Cappers" means anyone who acts as a decoy in order to gain financial profit.
4. (d) "Licensee" means an optometrist who has been properly li- censed by the Board, pursuant to this Act and these Rules, to practice optometry in the State of Wyoming.
5. (e) "Permissible removal of foreign bodies" means removal of superficial ocular foreign bodies not penetrating the intraocular spaces or tissues.
6. (f) "Pharmaceutical Agents" means those FDA approved pharmaceu- tical agents that are rational to the practice of optometry.
7. (g) "State" means the State of Wyoming.
8. (h) "Steerers" means anyone who physically directs a person in a way that results in financial profit.
9. (i) "Surgery" as prohibited in W.S. 33-23-101 shall mean the penetration by manual operation into the intraocular tissues or spaces for healing diseases, deformations, or injuries.
10. (j) Gross incompetence shall be considered a willful act or omis- sion which would present a danger to an individual's life, health, or safety which may cause death or injury.

Section 5. Board Meetings .

1. (a) The Board shall meet at least once (1) annually at a date, place and time established by the President with special meetings held as requested by the President or by a majority of the members.
2. (b) The Board shall elect annually from its membership a presi- dent, vice-president and secretary/treasurer.
3. (c) Notice of Board meetings shall be given to any person who requests such notice as specified by the Wyoming Administrative Proce- dures Act. The notice shall specify the time and place of the meeting and the business to be transacted.

4. (d) All meetings shall be open to the public; the Board may conduct executive sessions in accordance with W.S. 16-4-404(a). In addition, the Board may hold closed sessions:

   1. (i) To approve and review examinations;
   2. (ii) Upon the request of an applicant who has failed the examination, in order to respond to the reasons for applicant's fail- ure; or
   3. (iii) To consider allegations or investigations of possible violations of the Act or any of these Rules.
5. (e) A majority of the Board members constitutes a quorum for conducting a Board meeting. The act of the majority of members present at a meeting, which includes a quorum, shall be the act of the Board.
6. (f) A written record shall be kept of all meetings and such records shall be retained as the permanent record of the transactions of the Board.