Montana Attorney General Opinion 15-30

Opinion No. 30 Optometry Gmtrd-Rules and Regulations. HI<:LD: No authority is g-ntnted by :-;tatute ·tu ma ke ruling requiring reg- istered optometrists to establish perma- nent officer or designating minimum l'Cluipment in sueh office. January 20, 11)33. You hlH'e submitted the followillg questioll: "'J;he optomctry board w'ishes .nHlr opinion regarding our authority to make board rulings. }'or example, ('QuId wc rule to the effect that every optome- trist l'cg-istel'ed in l\Iontnna establish a )lennanent office, prodding he w.ishes to practit:e in the state. Also ('Quid we legally designate the minimum eqnip- mcn t for an optometrie office?" I wish to advise that I have checked Sections 3155 to 3169, R. C. l\1. 1921, as amended by Chapter 171, Laws of 1925. 34 OPINIONS OF THE ATTORNEY GENERAL and by Chapter 44, Laws of 1927, and that I can find nothing therein which, in my opinion, gives the optometry board either express or implied author· ity to make the rulings you have men· tioned above, as desirable. The board has no power except as may be granted to it by the legislature.