Optometry Practice Act and Statutory Framework
The statutory hierarchy
North Dakota's Optometry Practice Act, NDCC ch. 43-13, is the primary law. It creates the board, defines optometry, sets licensure and renewal authority, lists disciplinary grounds, and authorizes rules. Board rules in the North Dakota Administrative Code implement the statute but cannot enlarge it. A board policy, newsletter, or FAQ may explain the law, but it is not a substitute for the statute or an adopted rule.
How to read a conflict
When a statute and a rule conflict, the statute controls. When a rule fills in detail the statute delegates, such as continuing education hours or application procedures, the rule is enforceable if it was adopted properly. The board's power is limited to what the legislature granted.
Worked example
The board adopts a rule requiring a specific number of continuing education hours. The statute authorizes the board to set continuing education requirements but does not state the number. The rule is valid if it was adopted under the rulemaking process and does not contradict a statutory cap. If the statute instead fixed a lower maximum, the rule could not exceed that maximum. The reasoning is that the board implements the Act; it does not amend it.
Traps that cost marks
Do not cite another state's optometry statute as if it were North Dakota law. Do not treat a board guidance document as a statute. Do not assume the board may regulate anything related to eyes; the authority must trace back to NDCC ch. 43-13. Do not ignore amendments: the jurisprudence exam tests the law as currently written.