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Optometry

Obtaining an optometry license in California is virtually as demanding academically as becoming a medical doctor. It requires a minimum of 8 years of post-secondary education, passing the California State Board of Optometry (CSBO) exams, and completing a clinical residency. That is a substantial amount of time and money to invest in a career. And after you obtain your license, your whole livelihood revolves around the integrity of that license. That is why it can be highly overwhelming when you face allegations of a violation and are subject to a board investigation. A license revocation or suspension could hurt your career.

Luckily, that does not have to happen. Retaining an expert healthcare license defense lawyer can significantly lower the effect of a board investigation and is highly likely to save your career. At San Francisco License Attorney, we help professional license holders, including optometrists, who face the risk of losing their practice license, as well as those applying for a license for the first time. We strive to develop a compelling defense strategy to achieve the best possible outcome for our clients. If you learn that you are under investigation, do not hesitate to contact us for a consultation and case evaluation.

The CSBO Role In Optometry Practice In California

The CSBO is part of the California Department of Consumer Affairs (DCA). Its primary responsibility is to govern and regulate opticianry and optometry practice throughout California. The board works to safeguard consumers, both healthwise and financially. In California, Title 16 of the Business and Professions Code (BPC) governs optometry. The CSBO was established under this law to carry out the following roles:

  • License qualified optometrists
  • Enforcing the laws governing optometrists
  • Recommend registration criteria and standards for optometrist registration
  • Administer the exams that optometrists must sit for to qualify within the state
  • Prescribe and change regulations
  • Review disciplinary guidelines and impose sanctions against licensed opticians and optometrists.

Under California’s BPC, optometrists must adhere to certain rules and regulations to satisfy certain standards. If the board finds that you have broken any law governing your practice as an optometrist, including failing to meet the established professional code of conduct standards, it can subject you to disciplinary action. An experienced healthcare license defense lawyer can work rigorously to safeguard your rights.

The Roles of Optometrists In Healthcare

Optometrists play an essential role in the California healthcare system. They are independent primary medical care providers who care for patients with vision problems. These practitioners can practice in various settings. Most of them work in private practice. Others work in hospitals, clinics, corporate optometry, community health centers, teaching and administration, and research. The following are the responsibilities of optometrists in California:

  • Examine, diagnose, treat, manage, and prevent visual system, eye, and related structure health issues and injuries.
  • Working with other medical care practitioners to provide quality, integrated patient care.
  • Prescribing and fitting contact lenses and eyeglasses, as well as subnormal vision and safety eyewear devices
  • Prescribing drugs to treat specific eye diseases
  • Diagnosing ocular symptoms of systemic conditions like hypertension and diabetes, and complications of the aging process, like macular degeneration and cataracts.
  • Providing low-vision rehab and vision therapy
  • Educate patients on vision health and lifestyle choices to safeguard and enhance vision.
  • Promote advancement and conduct research in visual science.

Note that optometrists are different from ophthalmologists. Ophthalmologists are osteopathic physicians or medical doctors specializing in comprehensive surgical and medical eye care, including diagnosing and treating complex diseases and performing surgery. Optometrists, on the other hand, are primary eye care providers who focus on standard vision correction, exams, and the management of common eye conditions. In California, ophthalmologists are regulated by the Medical Board of California (MBC).

Optometry care is essential to community health and welfare, as optometrists provide a range of services and address eye-related issues. Unluckily, optometrists can face allegations and backlash from patients and clients who are unhappy with the care they receive.

Optometrists can be subject to allegations regarding their care and medical abilities; even their character may be questioned. These allegations may affect their livelihoods and profession and threaten their ability to provide for themselves and their loved ones. For that reason, you need to act quickly and consult a healthcare license defense lawyer if your optometry license is in danger due to someone else’s allegations of misconduct or violation.

Allegations that Could Threaten Your License

Most allegations that place an optometry license at risk are related to violations of the professional code of conduct set forth by the CSBO. Common reasons you may lose your optometry license include the following:

  • Substance abuse. Being addicted to alcohol or drugs or reporting to work while intoxicated can make the board doubt your capability to practice effectively.
  • Medication violations. Actions that constitute medication violations include diverting drugs for your own use and abusing prescription privileges.
  • Sexual misconduct. Instances of sexual misconduct include sexually harassing colleagues or patients and having inappropriate relationships with patients.
  • Insurance fraud. Fraudulent activities such as falsifying patient medical records and overbilling insurance may lead to disciplinary action.
  • Negligence, gross negligence, and competence. If you consistently overprescribe, misdiagnose, or otherwise neglect treating your patients properly, you may be in danger of losing your license.
  • Conviction or charges for a crime substantially related to the duties, functions, and qualifications of an optometrist, for example, sex crimes, DUI, drug possession, or theft
  • Unprofessional conduct
  • Failing to refer a patient
  • Misleading advertising
  • Lack of capacity to practice safely
  • Practicing without a license
  • Aiding and abetting an unlicensed optometry practice

The CSBO Disciplinary Process

The board’s disciplinary process often commences when a person files a formal complaint with the CSBO against a professional. This person could be a patient, a patient’s loved one, a supervisor, a colleague, or an insurance provider. The process may also start when the board receives a disciplinary referral from the police in cases where a license holder or applicant is facing prosecution for a crime.

Once the board receives a formal complaint against you, it will review it to establish whether it has jurisdiction. If the board lacks jurisdiction over the complaint, it will refer it to the relevant authority. If it has jurisdiction, the board will determine whether the complaint has merit and warrants investigation. If the complaint has merit, the board will forward it to its investigative division.

The Investigation

The investigative division initiates a probe to establish whether there is enough evidence to corroborate the complaint. The investigation might involve the investigator subpoenaing documents, requiring your written response to the allegations, and interviewing witnesses.

If a CSBO investigator contacts you, avoid talking to them or signing any documentation before you have spoken to an expert license defense attorney. That is because the board could use anything you tell the investigator against you. Also, if you face any possible criminal prosecution, the prosecutor could use any information you gave the board investigator against you.

If, after the investigation, the board finds that the complaint against you is not substantiated, it may close the case. If the investigation finds that you committed a minor violation, the board may resolve the complaint by imposing a fine and a citation. On the other hand, if the violation is severe, the board may send the case to the Attorney General’s (AG) Office. A deputy AG will assess the complaint thoroughly and file an Accusation if they deem it appropriate.

Filing of Accusation

The AG’s office may file an Accusation for any violation of the Business and Professions Code and other related regulations. An Accusation may also be filed when a license holder is accused of, or found guilty of, an offense.

After the AG’s office files an Accusation, the board will notify you. Once you receive this notice, you will have 15 days to file a Notice of Defense in response, informing the board that you intend to challenge the allegations you face. If you fail to respond to the notice, the board will issue a default order that will lead to the automatic revocation of your optometry license. However, if you respond, the AG’s office will schedule an administrative hearing.

Before the hearing date, the board may offer to enter a stipulated settlement with you rather than an administrative hearing. A stipulated settlement is an agreement between the board and you, in which you agree to have committed a violation and voluntarily face disciplinary action. In many instances, an experienced license defense attorney may work a favorable stipulated agreement, which means you will not be subject to a hearing.

The Hearing

If the board does not offer a stipulated agreement or the deal is unfavorable, you will be subject to a hearing before an Administrative Law Judge (ALJ). The judge will hear arguments and evidence from both parties before issuing their decision. The CSBO will then modify or approve the judge’s decision.

Board Disciplinary Actions

Disciplinary proceedings may lead to severe consequences for an optometrist. Based on the severity of the claims, any mitigating elements, and any previous history of wrongdoing, a disciplinary proceeding may subject you to the following:

  • Public reprimand
  • License suspension
  • License probation
  • License revocation
  • License surrender

Revocation is the most severe form of discipline, as it will lead to you losing your license and being unable to practice indefinitely. If your violation is still severe but not severe enough, you may face discipline such as a license suspension. In certain cases, the suspension can be stayed, thus foregoing the actual suspension. Probation and a formal reprimand may be imposed for cases that are not so severe but which warrant disciplinary action. If the board imposes probation, it may require you to adhere to certain conditions for you to continue practicing optometry.

In certain instances, for example, those involving substance abuse, the board may order you to undergo mandatory treatment as an alternative to disciplinary action. Whatever alternatives the board presents, note that even the most lenient disciplinary action can still negatively impact your career since disciplinary actions reflect on your public record. Should a prospective employer, patient, or clinic search your professional record and view disciplinary marks, they may discourage them from coming to you.

Remember, if you deal with the board alone, you might be at their mercy as they scrutinize the evidence against you. Hiring an experienced healthcare license defense lawyer can raise your odds for the best possible outcome. In many instances, a lawyer can help prevent a result that negatively impacts your practice record.

Petition to Reinstate Your License or Reduce Penalties

If the CSBO has revoked your license, it does not necessarily mean you will never practice again. After a specific period has passed, you may qualify to request the board to reinstate your license. Additionally, if you are sentenced to probation, you can typically request that the board modify the terms or terminate the sentence early. Your lawyer can help you file a reinstatement petition or a petition to terminate probation early. They can present mitigating evidence and proof of rehabilitation to the board to have you back to practicing your profession as soon as possible.

What a Lawyer Can Do to Help Defend Your License

Retaining a healthcare license defense lawyer can significantly lower the odds of the complaint against you damaging your career. They can implement strategies that range from having the board dismiss the complaint to negotiating minimal penalties. A skilled lawyer will:

  • Assist you in understanding the severity of the allegations you face and their potential effect on your license and career
  • Collect evidence to disprove the allegations
  • Be your legal representative during any interactions with the CSBO
  • Negotiate at various stages of the board disciplinary process in an attempt to have the complaint dismissed, have specific evidence disallowed, or persuade the CSBO to impose a lesser disciplinary action so you can retain your license.
  • Help you have your practice license reinstated (if the board has already revoked or suspended it)

Contact a Competent Healthcare License Defense Lawyer Near Me

Your optometry license is your key to advancing your career and gaining a fulfilled livelihood. Unfortunately, a simple allegation of a violation against you may place the livelihood and career you have worked so hard to advance at risk. The stakes are too high for you to leave your professional future to chance. Seeking professional legal assistance is the best you can do to reduce the damage an allegation can cause. At San Francisco License Attorney, we have successfully helped save the careers of many optometrists and other professionals. If your practice license is at risk, call us at 415-707-6383 today.

The Individuals We Represent

At San Francisco License Attorney, we represent the following groups of professionals:

Architect

Behavioral Sciences

Chiropractic

College Disciplinary and Title IX Proceedings

Contractor and General Contractor

Criminal Defense

Dentists, Dental Assistants & Dental Hygienists

Landscape Architect

Occupational Therapy

Optometry

Osteopathic

Paramedics and Emergency Medical Technicians

Pharmacists & Pharmacy Technicians

Registered Nursing

Respiratory Care Practitioner

Speech-Language Pathology, Audiology, & Hearing Aid Dispensers

Vocational Nursing & Psychiatric Technicians

If you’re facing issues with your professional license, contact us immediately. We’re here to help!

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Testimonials

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I was facing serious charges that could have cost me my license. San Francisco License Attorney provided expert guidance and defense that ultimately saved my career.

Lily M.

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The team at San Francisco License Attorney truly cares about their clients. They fought for me every step of the way and helped me retain my professional license.

James K.

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Professional, reliable, and knowledgeable. San Francisco License Attorney handled my case with the utmost care, and I couldn’t be more satisfied with the outcome.

Tina R.

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I can’t thank San Francisco License Attorney enough for their support. They took my case seriously, answered all my questions, and made sure I kept my license.

Eric B.

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I was so stressed about losing my license, but San Francisco License Attorney’s team gave me hope and delivered outstanding results. Highly recommended!

Catherine D.

Frequently Asked Questions

The common questions we are asked at San Francisco License Attorney include:

Most license discipline issues in California are determined through a formal hearing process according to the Administrative Procedure Act (APA). This law provides for basic due process through a hearing and written notices. This often happens if demanded by the person denied a license or the licensee before an administrative law judge. It usually takes place at the office of the Administrative Hearings. Some administrative issues are addressed informally through other procedures, like an informal citation or investigation.

Unlike other forms of trials, in a formal administrative disciplinary hearing, the bureau, board, or licensing agency makes the final ruling on the case. The department, bureau, board, or licensing agency can reverse the ruling of the administrative judge even if the judge finds in a licensee’s favor.

Most attorneys have licenses, but only a few have the competency to handle professional licensing administrative cases. An attorney must frequently attend the administrative hearings to be competent to handle licensing administrative cases. He/she must also have handled several professional licensing issues.

Professional licensing administrative cases can take many years from the initial incident to a final ruling. Only a competent attorney has the knowledge of the process. An attorney who does not attend administrative hearings or appeals of adverse rulings might not have the confidence, insight, or ability to deliver on a case.

There are provisions for license reinstatement. You can restore your revoked license upon showing rehabilitation. A defendant is required to wait for a period that does not exceed three years to file a petition for reinstatement. You will not have to requalify for the license. You only need to attend an administrative hearing or appear before a licensing board at a board meeting to ask for reinstatement. Other licensing agencies can ask you to reapply for the license.

The license applicant can request the agency to look into its ruling before the ruling becomes final. Reconsideration is often a chance to review the weakness in the administrative ruling. This allows new evidence and legal arguments to draw the licensing agency’s attention. It also gives an opportunity for objections before the administrative case ends. Sometimes, the agency can stay or delay the ruling for a short period to review the petition for reconsideration. The agency can request written or verbal arguments if reconsideration is granted. This can happen before a new ruling is issued, either changing or affirming the prior ruling.

Some license denials or formal punishments result in a stipulated settlement that can inform a plea bargain. The licensing agency will drop severe disciplinary action or outright denial of a license in a stipulated settlement. This can help achieve a faster resolution of the case. The license applicant is also allowed to waive their right to a hearing to avoid potentially more severe punishment or an outright license denial after the hearing. Stipulated settlements often result from negotiation between the defendant’s attorney and the agency’s attorney.

The terms of a stipulated settlement vary depending on the agency, department, bureau, or board. Certain cases can be settled for a reprimand, but many cases are settled for probation. Often, probation involves some suspended or stayed punishment and specific duties, like treatment, community service, or classes. You risk facing a previous suspension or stay of punishment if you commit a new violation during the probationary period.

A formal administrative hearing is more of a trial. It is presided over by a judge, a court reporter, and attorneys who present the cases. A highly trained attorney represents the state agency. He/she will handle licensing issues professionally throughout the whole process. The environment is usually less formal than the superior court because a jury is not allowed. The rules of evidence, which strictly apply in civil and criminal cases, are not as strict. The following will happen during an administrative hearing:

  • The evidence will be tabled.
  • The witnesses are cross-examined and asked questions
  • Making of closing factual and legal arguments

You will receive a flat fee or an hourly fee when you consult the San Francisco Licensing Attorney. We accept many forms of payment. This includes checks, cash, debit cards, and credit cards. We can bill your insurance company directly for your legal fees if you have license defense coverage on your errors and omissions insurance policy. Our company will do this if your carrier extends coverage to your licensing case. We will also ask your insurance company to reimburse you for your legal fees at the end of your case.

Most appeals of administrative rulings are made in the Superior Court. Also known as an appeal for writ of administrative mandamus, this process is extremely complicated. The Superior Court will demand written legal arguments and preparation of the administrative hearing record. The court will set a hearing after the written argument process. In most cases, the case will be sent back to the administrative agency with guidance from the Superior Court if the defendant wins the appeal.

Like in most criminal cases, a person denied a license or a licensee has a right to testify during the hearing, unless the Fifth Amendment rights are invoked. The licensing agency attorney will call you to serve as a witness if you fail to voluntarily testify on your own behalf. You should have a skilled license law attorney to prepare you for the hearing if you have an administrative hearing. Our San Francisco License Attorney team will take you through the questions during testimony. We will also protect you from improper or unfair questions from the prosecutor.

Find A Dependable License Defense Attorney Near Me

If you risk losing your professional license or the licensing board denies you a license, you should not give up. Our team at the San Francisco License Attorney has the knowledge and experience to handle your case, no matter how intricate. We understand every step of the license defense process, and you can count on our unwavering support. Our attorney helps a wide range of professionals to achieve the best possible outcomes for their license defense cases. For reliable legal representation, contact us at (415) 707-6383 to speak to our attorney.