August 6, 2007
Minutes of Public Hearing
Tieszen Law Office, Pierre, South Dakota
(See SDCL subdivision 1-26-4(9))
The South Dakota Board of Examiners in Optometry convened at 11:30 a.m. on Monday, August 6, 2007, at the Tieszen Law Office, Prof. L.L.C., 306 East Capitol, Suite 300, Pierre, South Dakota.
The purpose of the hearing was to conduct a public hearing on the proposed rules of the Board numbered ''20:50:06:01; 20:50:06:02; 20:50:02:07; 20:50:08:05; and 20:50:04 Appendix A.
The Hearing was called to order by President Michael Bartlett, OD. A majority of the Board were in attendance. Members of the Board present were Michael Bartlett, OD; Thomas Garrity, OD; Joseph Hartford, OD; and Donna Melvin. Others in attendance were Deni Amundson, Executive Secretary, and Naomi Cromwell, Esq.
Naomi Cromwell reported to the Board that notice of the public hearing was published pursuant to the requirements of SDCL 1-26-4(3) and 1-26-4.1.
Naomi Cromwell reported to the Board regarding BFM and LRC comments on the rules. BFM concurs with the assumptions and fiscal impact calculated. LRC provided suggested changes, which were reviewed with the Board. LRC further provided comment regarding rule making authority, suggesting that the Board consider legislative changes to provide more specific rule making authority. Further discussion on comments from LRC was held until general discussion on the individual rules took place.
Regarding 20:50:06:01, minimum office equipment, public comment was received telephonically prior to the hearing in support of the amendment from Jim Henderson of the Small Business Administration, which was discussed. Discussion was had on LRC’s comment that the new language gives the Board discretion without standards to be followed, and should be written so that the rule will be applied fairly, and so should be deleted. The Board approved the proposed amendments to the rule, as approved by LRC, by voice vote.
Regarding 20:50:06:02, inspection of office, no further comment was received. The Board approved the proposed amendment to 20:50:06:02 by voice vote.
Regarding 20:50:02:07, certificate of registration, discussion was had on LRC’s comment that the existing language of this rule is very broad and its indication that more clear language is advised. The Board withdrew this rule from the rules package and tabled the matter for possible future discussion.
Regarding 20:50:08:05, special requirements for inactive or out-of-state licenses, no further comments were received. The Board approved the proposed amendment to 20:50:08:05 by voice vote.
Regarding 20:50:04 Appendix A, procedural code list, no further comments were received. The Board approved the proposed amendments to 20:50:04 Appendix A by voice vote.
As there were no further comments on the proposed rules, it was announced that public comment will be accepted for ten days following this public hearing, or until August 16, 2007. The public hearing was adjourned at 12:10 p.m. o’clock.
