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if any surplus remains the members of the Board shall be paid such reasonable compensation out of the funds in the custody of the Board as the Commissioners of the District of Columbia may determine: Provided, however, That said compensation and expenses shall not exceed the amount received by the Board under the provisions of this Act.
The Board shall adopt an official seal and license of suitable design and shall have an office in the District of Columbia where examinations shall be held and where all of the permanent records shall be kept. It shall keep a record of its proceedings, of all licenses issued and licenses by it revoked. Its records shall be open to public inspection between the hours of nine and three o'clock of any business day, and it shall keep on file all examination papers for a period of one year after each examination. A transcript of an entry in such records, certified by the secretary-treasurer, under the seal of the Board, shall be prima facie evidence of the facts therein stated. The Board shall on or before the 10th day of July in each year make a report to the Commissioners of the District of Columbia of its official acts during the preceding twelve months ending June 30, and of its receipts and disbursements, and a full and complete report of the conditions pertaining to optometry in the District of Columbia.
SEC. 5. That every person desiring to practice optometry in the District of Columbia shall be required to pass the licensing examination given by the Board of Optometry. The applicant shall file with the secretary-treasurer of the Board an application blank to be furnished by said secretary-treasurer accompanied by the recommendation of two reputable citizens, verified by oath, settirg forth the facts and information hereinafter required. The Board shall admit to the examination any applicant who pays the fee of $25 and submits satisfactory evidence to it that he is over the age of 21 years; is of good moral character; is a citizen of the United States or has duly declared his intention of becoming such citizen; has had a preliminary education equivalent to a four-year course in a first-grade high school (which shall be determined either by examination or by certificate acceptable to the Board as to the work done in such approved institution), and who has attended and graduated from a school or college of optometry which is approved by the said Board of Optometry.
The said Board of Optometry shall from time to time establish minimum standards of pre-professional and professional education in the science of optometry and may from time to time establish minimum standards for schools or colleges of optometry in the District of Columbia. It may determine whether pre-professional and professional schools or colleges of optometry in the District of Columbia, attain such standards. The said Board of Optometry shall give no credit for any certificate, diploma, or degree emanating from any school not approved by the said Board; all with the approval of the Commissioners of the District of Columbia. The Board, with the approval of the Commissioners of the District of Columbia, is authorized and empowered to alter, amend, and otherwise change the educational requirements at any time, but in altering, amending, or changing said requirements the Board shall not lower the same. In case of failure, the applicant, after the expiration of six months and within two years, shall have the privilege of taking a second examination without the payment of an additional fee.
An applicant for a license who has been examined by the Board of Optometry in any of the States of the United States which, through reciprocity, similarly accredits the holder of a license issued by the Board of Optometry of the District of Columbia to the full privileges of practice within such State may, on the payment of a fee of $25, to the said Board, and on filing in the office of the Board a true and attested copy of said license, certified by the president and secretary-treasurer of the said Board, showing the same and also showing that the standard of requirements adopted and enforced by said Board is equal to that provided by this Act, shall, without further examination, receive the license: Provided, That such applicant has not previously failed at any examination held by the Board of Optometry of the District of Columbia : And provided further, That the Board of Optometry of the District of Columbia is hereby not required to issue any such reciprocity license, if in its discretion such applicant does not meet all the requirements of other applicants for licenses to practice optometry in the District of Columbia : And provided further. That before an applicant from another State can make application for a reciprocity license he shall have been in reputable and personal practice at least five years prior to his application.
Sec. 6. Every applicant who shall pass the examination and who shall otherwise comply with the provisions of this Act shall receive from the said Board under its seal a license entitling him to practice optometry in the District of Columbia, which license shall be duly registered in a record book to be properly kept by the secretary-treasurer of the Board for that purpose, which shall be open to public inspection. A duly certified copy of said record shall be recorded in the Clerk's Office of the District Court of the United States for the District of Columbia and shall be admitted as prima facie evidence in all courts of the District of Columbia in the trial of any cause, and it shall be the duty of the clerk of the District Court of the United States for the District of Columbia to keep a special book for the purpose of recording said licenses, and shall, upon application and the payment of a fee of 50 cents, deliver to any person applying therefor a certificate that the license has been recorded in compliance with the provisions of this Act. Each person to whom a certificate of license shall be issued by said Board shall keep the same displayed in a conspicuous place in his office wherein said person shall practice optometry, and shall, whenever required, exhibit the said certificate to any member or agent of the Board.
SEC. 7. That every registered optometrist who desires to continue the practice of optometry shall annually, on or before the 10th day of January of each year, pay to the secretary-treasurer of the Board a renewal registration fe to be fixed annually by the Board, not to exceed $15, for which he shall receive a renewal of his certificate. In case of neglect to pay the renewal registration fees as herein provided, the Board shall have authority to revoke such license and the holder thereof may be reinstated by complying with the conditions specified in this section, but no license may be revoked without giving sixty days' notice to the delinquent. The Board shall only have the right to renew such license on the payment of a renewal fee for each year a renewal fee has not been paid by such applicant, and with penalty of $5 for each such year: Provided, That retirement from practice for a period of five years or more shall deprive the holder of said license of the right to renew the same.
Sec. 8. That the Board of Optometry may in its discretion refuse to grant a license to any applicant and may cancel, revoke, or suspend the operation of any license by it granted for any of the following reasons:
(a) That said licensee is guilty of gross immorality;
(b) That said licensee is guilty of any fraud, deceit, or misrepresentation in the practice of optometry or in his admission to such practice;
(c) That said licensee is unfit or incompetent by reason of negligence;
(d) That said licensee has been convicted in a court of competent jurisdiction of a crime involving moral turpitude ;
(e) That said licensee is an habitual drunkard or is addicted to the use of morphine, cocaine, or other drugs having similar effect or has become insane;
(f) that said licensee is directly or indirectly employed by or associated for the practice of optometry with any person, partnership, or corporation unless it be with a person or partnership all of whose members are licensed to practice optometry under this article, or that said licensee directly or indirectly enters into any contract, agreement, or other arrangement whatsoever, express or implied, to share the proceeds or benefits of whatever nature resulting or accruing from the practice of optometry with any other person, partnership, or corporation unless it be with a person or partnership all of whose members are licensed to practice optometry under this article ;
(g) that said licensee has employed, hired, procured, or induced a person not licensed to practice optometry in the District of Columbia to so practice;
(h) that said licensee aids or abets in the practice of optometry any person rot duly licensed to practice optometry under this article;
(i) that said licensee advertises professional superiority or the performance of professional services in a superior manner; advertises prices for, a discount on, or terms of payment for professional service, eyeglasses, spectacles, ophthalmic lenses, frames, mountings, or optometric devices; advertises by means of large display, glaring light signs, or signs containing as part thereof an eve a pair of eyes, eyeglasses, spectacles, lenses, frames, or mountaings; advertises free optometric service, or free examination, or any words or phrases which would imply to the public that optometric services or examination of the eyes was free; advertises to guarantee any optometric service or any eyeglasses, spectacles, lenses, frames, or mountings; or advertises for patronage by means of handbills, posters, circulars, stereoptician slides, motion pictures, radio, or periodicals;
(j) that said licensee directly or indirectly employs solicitors, canvassers, or agents for the purpose of obtaining patronage;
(k) that said licensee practices optometry or holds himself out to the public as practicing optometry under any name other than his own proper name as is set forth on his license;
(1) that said licensee lends, leases, rents, or in any other manner places his license at the disposal or in the service of any person not licensed to practice optometry in the District of Columbia ;
(m) that said licensee has willfully or repeatedly violated any of the provisions of this Act or of the rules enacted in accordance therewith regulating the practice of optometry; or
(n) that said licensee has been guilty of unprofessional conduct.
Proceedings under this section shall be begun by filing charges with the Board in writing and under oath. Said charges may be preferred by any person or association. The Board shall fix a time and place for a hearing and shall cause a copy of the charges together with a notice of the time and place fixed for the hearing to be served on the respondent or his counsel at least ten days prior thereto. When personal service cannot be effected, the Board shall cause to be published once a week for two successive weeks a notice of the hearing in a newspaper published in the District of Columbia and shall mail a copy of the charges and of such notice to the respondent at his last known address. When publication of the notice is necessary, the date of hearing shall be not less than ten days after the last date of the publication of the notice. At said hearings the respondent shall have the right to appear either personally or by counsel, or both, to produce witnesses and evidence on his own behalf, to cross-examine witnesses, and to have subpenas issued by the Board. The Board shall thereupon determine the charges upon their merits.
In case any license to practice optometry is revoked, suspended, or refused, the licensee or the applicant may, within ten days after the order of revocation or the order of suspension or any such refusal to grant such a license, is entered or made, appeal in writing to the Commissioners of the District of Columbia to review said action of the Board of Optometry, the hearings on said appeal to be submitted either orally or in writing at the direction of said Commissioners, and said Commissioners shall not be required to take evidence, either oral, written, or documentary. The decision of said Commissioners on any question of fact involved in such appeal shall be final and conclusive; but no such appeal or other action as may be taken by any such licensee or applicant shall stay, enjoin, or suspend any such order of revocation, suspension, or refusal pending any such appeal.
Upon application, the Board may reissue a license to practice optometry that has been revoked but such application shall not be made prior to one year after the revocation and shall be made in such manner and form as the Board may require.
SEC. 9. That is, shall be unlawful for any person to
(b) Buy, sell, or fraudulently obtain any optometry diploma, license, record, or registration or aid or abet therein;
(c) Practice optometry in violation of this Act or the rules and regulations made pursuant to the provisions of this Act regulating the practice of optometry;
(d) Practice, offer or hold himself out as authorized to practice optometry or use in connection with his name any designation tending to imply that he is a practitioner of optometry if not licensed to practice under the provisions of this article;
(e) Practice optometry during the time his license or certificate of annual registration shall be suspended or revoked ;
(f) Peddle spectacles, eyeglasses, or ophthalmic lenses or to practice optometry from house to house or on the streets or highways notwithstanding any laws for the licensing of peddlers. This shall not be construed as prohibiting an optometrist or physician from attending, prescribing for and furnishing spectacles, eyeglasses, or ophthalmic lenses to a person who is confined to his abode by reason of illness or physical or mental infirmity ;
(g) Sell, dispense, furnish, or supply any spectacles, eyeglasses, or ophthalmic lenses for the aid or correction of vision except on prescription from a duly licensed physician or duly licensed optometrist, and except replacement of broken lenses originally so prescribed ;