OptometryRevocation and Suspension
Section § 3090
Section § 3090.5
This law states that the board can take away a professional's license if it's determined in a legal process that the licensee has either engaged in sexual misconduct with a patient or has been convicted of certain crimes. A detailed process is followed to reach such decisions, ensuring fairness and thorough examination.
Section § 3091
This law allows the board to deny a license to an optometrist who has behaved improperly. Alternatively, the board can issue a probationary license with specific conditions like working under supervision, limiting drug prescription rights, requiring medical or psychiatric treatment, participating in rehab, or completing further training. The board can also impose restrictions on practice types or demand abstinence from substances. A licensee can ask the board to change or end these probation terms, but only after a year from when the probation started.
Section § 3092
This law states that any actions taken against someone holding a license, or someone applying for a license in relation to this chapter, due to rule violations or unethical behavior, must follow the rules detailed in the Administrative Procedure Act. The Attorney General's office is responsible for handling these cases, unless stated otherwise in this chapter.
Section § 3093
If an optometrist's license is revoked or suspended, the board can make the person take the usual exam for new optometrists before their license is reinstated.
Section § 3094
This law allows the county court to stop someone from doing something that breaks the rules of this chapter. If someone's about to break these rules or already has, the court can step in with an injunction, which is like a legal order to stop. This can happen if the board, the Attorney General, the district attorney, or ten or more licensed people under this chapter ask for it. The process for these actions follows specific procedures outlined elsewhere, starting with Section 525 in another legal code.
Section § 3095
Section § 3096
If an optometrist in California is suspected of not being able to practice safely, the Board of Optometry can order them to take a test to check their professional skills. This can happen if there's evidence like a big mistake, bad prescribing habits, serious negligence, or ongoing poor care. The results from this test can be used as proof in future disciplinary actions.
Section § 3097
If you have a license to practice as an optometrist, you can't send someone to knock on doors to drum up business. Doing this could get your license taken away or suspended.
Section § 3098
This law says that if an optometrist uses "Doctor" or "Dr." without also saying they're an optometrist (by adding "optometrist," "Opt. D.," or "O.D." after their name), their license can be suspended or taken away unless they have the right diploma.
Section § 3099
Optometrists are not allowed to advertise themselves as specialists in eye diseases or the treatment of eye diseases.
Section § 3100
If someone with an optometry license claims to have special optometry knowledge that they don't actually have, their license can be suspended or revoked.
Section § 3101
This law makes it illegal for anyone to claim to be an optometrist, through signs or other advertisements, unless they have a current and valid license from the board.
Section § 3102
This law says it's illegal to advertise optometry services as free if you actually have to pay for something else to get them at no cost, unless the advertisement clearly explains this condition up front.
Section § 3103
This law makes it illegal for ads about selling goggles, sunglasses, colored glasses, or eye protection to claim or suggest they're offering eye care services like optometry. However, licensed optometrists are allowed to promote their services according to the law.
Section § 3104
Hiring people to find or direct clients to a business is considered unprofessional behavior.
Section § 3105
In California, if someone alters or creates fake medical records with the intention to deceive, it's considered unprofessional behavior. The California State Board of Optometry can also fine the violator $500 on top of other possible penalties.
Section § 3106
This law says that if someone knowingly creates or signs any document related to the practice of optometry that lies about facts, it's considered unprofessional behavior.
Section § 3107
Section § 3108
If someone has a contagious or infectious disease, their professional license can be temporarily suspended while they're sick.
Section § 3109
This section says that optometrists in California cannot accept jobs to practice optometry from people or companies without a valid optometry license, as it's considered unprofessional. Optometrists also can't form or join corporations to practice optometry unless allowed by certain rules. However, they can still see individual patients and can be employed by licensed physicians or certain healthcare plans.
Section § 3110
This section of the Business and Professions Code outlines the types of unprofessional conduct that can lead to disciplinary action against optometrists. Unprofessional actions include breaking laws or rules, gross negligence, incompetence, fraud, dishonesty, substance abuse, and sexual misconduct. It also covers issues like advertising violations, license fraud, and operating without a valid license. Further violations include failing to maintain patient records, improperly prescribing medications, and not referring patients to medical specialists when needed. The law emphasizes the importance of ethical practice and patient safety in the field of optometry.
Section § 3111
This law section states that anyone with a license under this chapter is committing unprofessional conduct if they break, try to break, help someone else break, or plan to break the Moscone-Knox Professional Corporation Act or any related regulation. This includes any actions that go against this specific chapter or related rules.
Section § 3112
This law states that optometrists in California can't provide services to patients if the patients made their appointments through a company or person that fills prescriptions but isn't registered with the California State Board of Optometry. Additionally, optometrists can't have a landlord-tenant relationship with such unregistered entities.