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qualifications.

of the present war in Europe and of every other war in which the United States of America has been a participant, shall be preferred for appointment and employment; age, loss of limb or other physical impairment which does not, in fact, incapacitate, shall not be deemed to disqualify them: Pro- Proviso, vided, however, That the applicant shall be of good moral character and shall have been a resident of the State for at least two years and of the county in which the office or position is located for at least one year, and possesses other requisite qualifications.

SEC. 2. No veteran or other soldier, sailor or marine as indicated in the preceding section holding an office or employment in any public department or public works of the State, or of any county, city, township or village of the State shall be removed or suspended or shall, without his consent, be transferred from such office or employment except after a full hearing before the circuit court of the county where he is employed, and at such hearing the veteran shall have the right to be present and to be represented by counsel. Such removal, suspension or transfer shall be made only upon a written order of the circuit court. Approved May 12, 1919.

No removal

except on

hearing.

Order of

court.

[No. 225.]

AN ACT to amend sections three, four, six, seven, eight and nine of act number seventy-one of the Public Acts of nineteen hundred nine, entitled "An act to provide for the examination, regulation, licensing and registration of optometrists practicing optometry and for the punishment of offenders against this act," being sections six thousand seven hundred ninety-seven, six thousand seven hundred ninety-eight, six thousand eight hundred, six thousand eight hundred one, six thousand eight hundred two and six thousand eight hundred three of the Compiled Laws of nineteen hundred fifteen, and to add thereto two new sections to stand as sections ten and eleven.

The People of the State of Michigan enact:

amended.

SECTION 1. Sections three, four, six, seven, eight and nine Sections of act number seventy-one of the Public Acts of nineteen hundred nine, entitled "An act to provide for the examination, regulation, licensing and registration of optometrists practicing optometry and for the punishment of offenders against this act," being sections six thousand seven hundred ninetyseven, six thousand seven hundred ninety-eight, six thousand

Sections added.

Examination.

of applicant.

Proviso, pre

liminary examination.

eight hundred, six thousand eight hundred one, six thousand eight hundred two and six thousand eight hundred three of the Compiled Laws of nineteen hundred fifteen are hereby amended, and two new sections are added to said act to stand as sections ten and eleven thereof, said amended and added sections to read as follows:

SEC. 3. From and after the first day of May, nineteen hundred ten, any applicant for registration under this act shall be required to pass an examination, as hereinafter provided. Qualifications Such applicant shall be twenty-one years of age, of good moral character, and shall be possessed of an education equal to a four years' high school course, Michigan standard: Provided, That should the applicant be unable to prove four years actual attendance at a high school, then the board may determine the applicant's qualifications by proper preliminary examination, the fees for which shall be five dollars, to be paid by the applicant. The applicant shall have been employed in the office of an optometrist, registered under this act, as an assistant, for a period of not less than two years, or shall be a graduate of an optometric school or college approved by this board, requiring an attendance of not less than one year's course. The said board shall examine all applicants shown to have the necessary qualifications, as above set forth, in normal and abnormal refractive, accommodative and muscular conditions and co-ordination of the eye, and subjective and objective optometry, including the fitting of glasses, the principles of lens grinding, frame adjusting and such other subjects as may be deemed necessary by said board to determine the applicant's qualifications to practice optometry. When certifi The examination shall be deemed satisfactorily passed and the applicant registered and given a certificate of registration, if he shall attain an average standing of not less than seventy-five per cent on all subjects submitted. On all certificates awarded on examination there shall be printed or stamped the words, "Awarded on Examination."

Scope of examination.

cate issues.

Fees.

Revocation of certificate.

Said board of examiners shall charge the following fees for examination, registration and renewal of certificates: The sum of twenty-five dollars for the standard examination, five dollars for the preliminary examination, ten dollars for initial registration and two dollars annually for the renewal of certificate of registration. However, where applicant has been duly registered, as hereinafter provided, in another state, no initial registration fee shall be required but said applicant shall be required to pay the standard examination fee. Every registered optometrist who desires to continue the practice of optometry shall annually, on or before the first day of January, pay to the secretary of the board a renewal registration fee of two dollars per annum, for which he shall receive a renewal of his certificate. In case of neglect to pay the renewal registration fee the board may revoke such certificate and the holder thereof may be reinstated by complying

delinquency.

with the conditions specified in this act. But no certificate Notice of or permit shall be revoked without giving sixty days' notice to the delinquent, who within such period shall have the right to renewal of such certificate on the payment of the renewal fee, with a penalty of five dollars: Provided, That Proviso. retirement from practice for a period not exceeding five years shall not deprive the holder of said certificate of the right to renew his certificate on the payment of the lapsed fees. An applicant for certificate of registration who has been Reciprocal provisions. examined by the State Board of Optometrical Examiners of another state, which through reciprocity, similarly accredits the holder of a certificate issued by the Board of Examiners in Optometry of this State, to full privileges of practice within said State, shall on the payment of a fee of twentyfive dollars to said board, as hereinbefore provided, and on filing in the office of said board a true and attested copy of said certificate duly attested by the president and secretary of the State board issuing the same, and 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 a certificate of registration: Provided, Proviso. That such applicant has not previously failed at an examination held by the Board of Examiners in Optometry of this State.

SEC. 4. The Board of Examiners in Optometry shall refuse to issue the certificate of registration provided for in this act to any person who shall have been guilty of grossly unprofessional and dishonest conduct of a character likely to deceive the public; and said board after due notice and hearing, in accordance with the provisions of section ten of this act shall revoke the certificate issued to any optometrist who shall have become addicted to the drug habit or who is an habitual drunkard or whose certificate of registration was obtained or issued through error, fraud or perjury or who shall have been guilty of grossly unprofessional and dishonest conduct of a character likely to deceive the public or who shall be guilty of an offense involving moral turpi tude, when such offense shall have been established in a court of competent jurisdiction.

When board

to refuse or

revoke

certificate.

of fees.

SEC. 6. All fees and charges of said board shall be paid to Disposition the secretary, who shall deposit the same with the State Treasurer as required by law. From the fees paid to said board, the said board shall cause to be paid all necessary expenses incurred in the administration of this act, including reasonable compensation of the examiners for their services, which compensation to each examiner shall not exceed eight of examiner. dollars per day for each day actually engaged in the duties of his office, and the necessary actual expenses incurred by him in the discharge of such duties, and no salary or other fees whatever shall be paid any member thereof except the

Compensation

Salary of

secretary and treasurer.

Proviso.

"Optometry" defined.

Proviso, exceptions.

Limitation of certificate.

Registrant prohibited from practicing medicine, etc., when.

secretary and treasurer. The salary of the secretary and treasurer shall be fixed by the board biennially at the meeting by which said board shall organize: Provided, That all compensation and expenses of the members of said board or made necessary for the carrying out of the provisions of this act shall be paid out of the fees received by said board under the provisions of this act from applicants and registrants, and from no other fund or source whatsoever.

SEC. 7. The practice of optometry is hereby defined as being either one or any combination or part of the following:

(a). The examination of the human eye to ascertain the presence of defects or abnormal conditions which may be corrected, remedied or relieved or the effects of which may be corrected, remedied or relieved by the use of lenses or prisms;

(b). The employment of objective or subjective physical means to determine the accommodative or refractive conditions or the range or powers of vision or muscular equilibrium of the human eye;

(c). The adaptation or the adjustment of the lenses or prisms to correct, relieve or remedy any defect or abnormal condition or to correct, relieve or remedy the effect of any defect or abnormal condition of the human eye, or

(d). The employment of objective and subjective means for the examination of the human eye for the purpose of ascer taining any departure from the normal, measuring the powers of vision and adapting lenses for the aid thereof: Provided, That the provisions of this act shall not be considered to apply to physicians and surgeons duly licensed to practice medicine under the laws of this State, nor to prevent persons selling spectacles or eye-glasses on prescription from any duly qualified optometrist or physician, nor to prevent any person or persons selling glasses as an article of merchandise and not trafficking or attempting to traffic upon assumed skill.

SEC. 8. Nothing in this act shall be construed as conferring on the holder of any certificate of registration issued by said board, the title doctor, oculist or ophthalmologist, or any other word or abbreviation indicating that he is engaged in the practice of medicine or surgery, or the treatment or diagnosis of diseases of or injuries to the human eye, or to the right to use drugs or medicines in any form for the treatment or examination of the human eye.

It shall be unlawful for any person registered under this act to practice medicine or surgery within the provisions of act number two hundred thirty-seven of the Public Acts of eighteen hundred ninety-nine, or acts amendatory thereto, or use any title or appellation used in a sense to indicate the practice of medicine, or to use the title doctor or the prefix "Dr." unless such title has been properly conferred upon said person by a State university or legally chartered college or school of optometry, legally empowered to confer such title

practice with

tation.

tices.

of doctor or a doctorate degree. It shall also be unlawful for Illegal to any person, except physicians and surgeons, as hereinbefore out certifi provided, not registered under the provisions of this act, and cate. not being the possessors of a certificate of registration in force, and not lapsed or revoked, or who has not paid the annual renewal fee in this act provided to be paid, to practice optometry as defined in section seven of this act. It shall Misrepresenalso be unlawful for any person, except registered optometrists under the provisions of this act, whose certificate of registration has not been revoked or lapsed, to hold himself out by the use of any sign, newspaper advertisement, pamphlet, circular or the use of any sign "Eyes tested here" or similar words as qualified to practice optometry. It shall legal prac also be unlawful for any person, except those registered under the provisions of this act and whose certificate of registration has not been revoked, to have in his possession any trial lenses, trial frames, graduated test cards, or other appliances or instruments for the purpose of rendering assistance to his patrons in the selection of lenses, spectacles or eyeglasses, or who shall use in testing the eyes for the sale of spectacles or eyeglasses, lenses other than the lenses actually sold or who shall sell precision lenses or replace broken lenses in spectacles or eyeglasses except upon prescription of a regularly licensed optometrist or physician. Any person making False a sworn statement or affidavit in connection with any matter relating to this act, proven to be false, shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punished as provided in section nine of this act.

affidavit.

SEC. 9. Any person violating any of the provisions of Penalty. this act shall be deemed guilty of misdemeanor, and upon conviction thereof shall be punished by a fine of not more than three hundred dollars or imprisonment in the county jail, not to exceed four months, or by both such fine and imprisonment in the discretion of the court.

SEC. 10. Any person who is a holder of a certificate of Hearing. registration or who is an applicant for examination for certificate of registration, against whom is preferred any charge, shall be furnished by the board with a copy of the complaint and shall have a hearing before the board, at which hearing he may be represented by counsel. At such hearing wit nesses may be examined for and against the accused respecting the charges, which examination shall be conducted in the manner usually followed in the taking of testimony before commissions in this State. The suspension of certificate of Reinstateregistration by reason of the use of stimulants or narcotics may be revoked when the holder thereof shall have been adjudged by said board to be cured and capable of practicing optometry.

ment.

SEC. 11. Every provision of this act, every section and Saving clause. every part of every section is hereby declared to be independent, in so far as this relation shall be necessary to the

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