(1) There is created an Optometrist Licensing Board consisting of five optometrists and two members from the general public who do not provide eye care services.

(2) The board shall be appointed and serve in accordance with Section 58-1-201.

(3) The board's duties and responsibilities shall be in accordance with Sections 58-1-202 and 58-1-203, and as provided under this Subsection (3).

(4) The board shall designate one of its members on a permanent or rotating basis to: (a) assist the division in reviewing complaints concerning the unlawful or unprofessional conduct of a licensee; and (b) advise the division in its investigation of these complaints.

(a) assist the division in reviewing complaints concerning the unlawful or unprofessional conduct of a licensee; and

(b) advise the division in its investigation of these complaints.

(5) A board member who has, under Subsection (4), reviewed a complaint or advised in its investigation may be disqualified from participating with the board when the board serves as a presiding officer in an adjudicative proceeding concerning the complaint. The board member may be disqualified: (a) on his own motion, due to actual or perceived bias or lack of objectivity; or (b) upon challenge for cause raised on the record by any party to the adjudicative proceeding.

(a) on his own motion, due to actual or perceived bias or lack of objectivity; or

(b) upon challenge for cause raised on the record by any party to the adjudicative proceeding.