then such surety may be discharged from any and all further liability as such for the subsequent acts or omissions or defaults of the trustee, committee, guardian, assignee, liquidator, receiver, executor or administrator after the date of such surety being so relieved or discharged, and the said court or a judge thereof may make an order to that effect. R.S.M. c. 127, s. 5. 6. The costs of all proceedings under this Act shall be Costs. in the discretion of the court or a judge thereof. R.S.M. c. 127, s. 6. PUBLICATION OF ORDERS-IN-COUNCIL. orders-in 7. Every order-in-council under the provisions of this Publication of Act shall, immediately after the making thereof, be lished in The Manitoba Gazette. R.S.M. c. 127, s. 7. pub-council in Manitoba CHAPTER 149. An Act to regulate the practice of Optometry. HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as fol lows: SHORT TITLE. 1. This Act may be cited as "The Optometry Act." 9 Ed. 7. c. 47, s. 1. DEFINITION. 2. The practice of optometry is hereby defined to be the employment of any means, other than drugs, medicine or surgery, for the measurement of the powers of vision and the adaptation of lenses for the aid thereof. 9 Ed. 7, c. 47, s. 2. Old board continued. Future appointments. Term of office. Qualifications. Removal of members. BOARD OF EXAMINERS. 3. The "board of examiners in optometry" for the Province of Manitoba heretofore appointed under the provisions of chapter 47 of 9 Edward 7 is hereby continued. (2) The present members of the said board shall continue to hold office until the expiration of the terms for which they were respectively appointed, and hereafter appointments of successors to those whose term of office is expiring shall be made by the Lieutenant-Governor-in-Council. (3) The term of office of each member shall be five years, or until his successor is appointed. Any vacancy occurring in the membership of the board shall be filled by the Lieutenant-Governor-in-Council for the unexpired term of the member vacating. (4) Only persons of reputable character, residents of the Province, who are practising, and who for at least three years have practised, optometry in the Province shall be appointed to the said board. (5) The Lieutenant-Governor-in-Council may remove any member of the said board for neglect of duty, incompetence or dishonorable conduct. 9 Ed. 7, c. 47, s. 3. regulations by board. 4. Said board of examiners shall, subject to the approval Rules and of the Lieutenant-Governor-in-Council, make such rules and may be made regulations, not inconsistent with the law, as may be necessary for the proper performance of its duties. 9 Ed. 7, c. 47, s. 4. of board. 5. Said board shall select one of its members as chairman Organization and one as secretary-treasurer, and shall meet at least twice in each year, once in February and once in July, and at such Meetings. other times as it may deem necessary, and at such places as it may determine. Three members of the board shall con- Quorum. stitute a quorum. 9 Ed. 7, c. 47, s. 5. REGISTRATION. and exemp former Act. 6. Every person who has received a certificate of registra- Registration tion or a certificate of exemption, under the provisions of said tion under chapter 47, shall continue to be entitled to practice optometry under this Act, subject to the provisions hereinafter contained. board for practise. 7. Every person hereafter desiring to commence the prac- Application to tice of optometry shall file with the secretary-treasurer of the right to board of examiners, upon blanks to be by him supplied, an application, duly verified, stating therein that such applicant is more than twenty-one years of age, of good moral character, has completed the equivalent of two years in a high school, has graduated from some school of optometry maintaining a standard satisfactory to the board, or has practised optometry for not less than one year under the supervision of a registered optometrist, and shall present himself before the Examination board and shall submit to an examination as to his qualifica- cations. tions for the practice of optometry. Every candidate suc- Registration. cessfully passing such examination shal be registered by said board as possessing the qualifications required by this Act, and shall receive from said board of examiners a certificate thereof. as to qualifi certificates. (2) Before any certificate is issued, it shall be numbered Recording and recorded in a book kept in the secretary's office, and its number shall be noted upon the certificate. A photograph Photographs of the person registered shall be filed with the record and a registered. duplicate thereof affixed to the certificate. 9 Ed. 7, c. 47, s. 6, part. of persons of exempts. 8. Every person who has received a certificate of exemp- Examination tion under the provisions of said chapter 47 shall, upon passing the examination mentioned in the next preceding section Use of title Recording certificate and upon payment of a fee of fifteen dollars, be granted a certificate of registration under this Act. 9 Ed. 7, c. 47, s. 6, part. 9. The use of the title "optometrist" shall be restricted in the Province of Manitoba to those who have been granted the certificate of registration under said chapter 47 of this Act. 9 Ed. 7, c. 47, s. 7. 10. Every person to whom a certificate of registration or with clerk of of exemption is issued shall immediately cause the same to be municipality. recorded in the clerk's office in the municipality of his residence, and also in the clerk's office of every other municipality wherein he shall then practice or thereafter commence to practice optometry. The fee to be paid the municipal clerk shall be one dollar. Fee. Display of certificate. Duty of optometrist (2) Every person practising optometry must display his certificate of registration or exemption in a conspicuous place in the office or place wherein he practices optometry, and whenever required shall exhibit such certificate to said board of examiners or its authorized representatives, and, whenever when practis practising optometry away from said place, he shall deliver ing away from to each customer or person fitted with glasses a bill of purchase, which shall contain his signature, his post office address and the number of his certificate of registration or exemption, together with a specification of the lenses and frames or mountings supplied, and the prices charged therefor. 7, c. 47, s. 8. home. Fees for examination and certificates. Annual fee payable to FEES AND EXPENSES. 9 Ed. 11. The fee for the examination prescribed by section 7 shall be fifteen dollars, payable in advance to the secretarytreasurer of the board. For certificate of registration the fee shall be ten dollars (except as specially provided in section 8). Each optometrist practising under any certificate shall board. pay annually to the secretary of said board of examiners the sum of four dollars as a fee for the renewal of his certificate, Revocation of and, in case of default of such payment by any person, his non-payment certificate may be revoked by the board of examiners upon thirty days' notice being given. Should such certificate be revoked for reasons herein given, the same may be reissued by the board of examiners upon payment of said fee, together with the sum of five dollars as a penalty. 9 Ed. 7, c. 47, s. 9. certificates for of fees. Expenses of board, how defrayed. 12. The actual expenses of said board shall be paid out of the funds received as herein mentioned, and in no event shall such expenses be a charge against the public treasury. After all necessary expenses of said board, including five dollars for each day's actual attendance to each member of said board, and three cents a mile for mileage (if there be funds for that purpose), have been paid by the secretary-treasurer thereof, Disposition of out of the moneys received from said fees and penalties, the received. balance of the moneys received by said board shall be placed in a chartered bank and shall constitute a fund for the use of the board. 9 Ed. 7, c. 47, s. 10. PROHIBITIONS. funds unauthorized 13. No person practising optometry shall be permitted Use of to use the prefix "doctor" unless he be a licensed graduate of titles. a recognized school of medicine, nor shall he advertise or represent himself in such manner as to lead the public to believe him to be other than an "optometrist" or "exempt" as defined in this Act. 9 Ed. 7, c. 47, s. 11. for revocation for tency or 14. Any certificate issued by said board of examiners Proceedings may be revoked by said board for violation of the law, in- of certificate competency, inebriety, fraud or misrepresentation; provided violation of that, before any certificate shall be revoked, the holder there- law, incompeof shall have notice in writing of the charge or charges misconduct. against him, and, at a day specified in said notice, and at least ten days after the service thereof by registered letter to his recorded address, be given a public hearing, and have ample opportunity to produce testimony in his behalf. Any Re-granting of person whose certificate has been revoked may, after ninety revoked days, apply to have the same re-granted, and, if certificate is re-granted by the board of examiners, he shall pay a penalty of five dollars forthwith. Any person practising optom- Practising etry after his certificate has been revoked shall be deemed tion forbidden to have practised optometry without registration. 9 Ed. 7, c. 47, s. 12. certificate. after revoca without forbidden. 15. No person, not a holder of a certificate of registra- Practising tion or exemption duly issued and recorded as herein pro-certificate vided, shall practice optometry within this Province. No person shall falsely personate a registered optometrist of a Personation. like or different name, nor buy, sell or fraudulently obtain a certificate of registration or exemption issued to another. Practising or offering to practice, or the public representation Evidence of of being qualified to practice, optometry as herein provided shall be sufficient evidence of a violation of this Act, and every person who violates the provisions of this section shall, for each offence, upon conviction, be liable to a fine of not Penalty. less than twenty-five dollars nor more than one hundred dollars, or to imprisonment for not more than three months, or both. practising. |