MT Optometry Jurisprudence study materials
MT Optometry Jurisprudence study resources

MT Optometry Jurisprudence: Montana Optometry Statutes and Administrative Rules (Title 37, Chapter 10, MCA; ARM 24.168)

MT Optometry Jurisprudence · Work through your exam, one topic at a time.

All guide sections

Montana Optometry Statutes and Administrative Rules (Title 37, Chapter 10, MCA; ARM 24.168)

Statutory and rule framework

The exam tests whether you can locate authority in the right layer: Title 37, chapter 10, MCA creates the Board of Optometry and sets the statutory definition of optometry, licensing and discipline powers; ARM 24.168 supplies the Board's operational rules for applications, examinations, CE, standards of practice and procedure. Read the statute for authority and the rule for details.

Core rules

  • The Board regulates the practice of optometry, including examination, diagnosis, treatment and management of conditions of the visual system within statutory scope.
  • The Board adopts rules, sets fees, approves applications, investigates complaints and imposes discipline.
  • Administrative rules cannot exceed the statute; if a rule and statute conflict, the statute controls.
  • Scope questions are answered by the statute's definition plus any endorsement rule, not by what another state allows.

Worked example

A licensee asks whether a new diagnostic procedure is permitted. Reasoning: first check the statutory definition of optometry and any explicit inclusion or exclusion; then check ARM 24.168 for a standard or endorsement; then check Board guidance and the license's scope. If the procedure is not authorized, the licensee must not perform it merely because equipment is available.

Traps

  • Treating ARM as advisory; it is enforceable.
  • Assuming the statute lists every detail; most procedures are in rules.
  • Confusing optometry's scope with ophthalmology's medical and surgical scope.
  • Relying on a bill's title without reading the enacted text.