The California Board of Optometry is the regulatory and control agency that oversees the practice of optometry and the licensing of optometrists. The board is responsible for maintaining safety and regulation standards for all optometrists. Typically, the board issues licenses, but it can also investigate you and determine if your license should be suspended under certain conditions. The San Francisco License Attorney can help you if your optometry license is at risk. Contact us today if you are under board investigation or facing disciplinary action.

Essential Services Offered By Optometrists

Optometrists handle patients who experience eye problems. The daily tasks of optometrists can vary depending on a medical facility and patients' needs. The crucial services optometrists provide include the following:

  • Development of appropriate and customized treatment plans.
  • Diagnosis of various eye diseases and
  • Prescription of glasses.

Optometrist work is highly demanding because it requires in-depth knowledge, practical experience, and the ability to use highly specialized equipment. The job description is broad, and some optometrists move into laser eye surgery.

Optometrists provide additional valuable services, including numerous tests.

You must undergo rigorous training and costly licensing to become a professional optometrist. However, despite an optometrist's crucial role, it is straightforward for you to lose your professional license. A minor error can lead to a license-threatening accusation and investigation. Sadly, sometimes, the allegations are not even valid. Misdiagnosis, deviation from the standard of care, or negligence could be a matter of unrealistic expectations and wrongful blame for results beyond your control. If this happens, consult a skilled attorney to defend your license and future career.

The Formal Claims That Could Be Made Against You

Usually, an investigation starts with a formal claim. A former or current patient can make a claim. This can compel the board to start a potential license revocation hearing. Some of the common accusations made against optometrists include:

  • Engagement in any behavior that could be deemed "unprofessional conduct."
  • Securing an optometrist license through fraud.
  • Having unlicensed assistants or support staff working at your practice.
  • Practicing without a valid professional license.
  • Failure to observe health and safety guidelines as well as infection control protocols.
  • Drug addiction or alcoholism, especially if the substances are consumed at the workplace.
  • Any action that could violate the terms of license probation or your disciplinary action.
  • Practicing while under disciplinary action by another regulatory agency.
  • Practicing in an unlawful location.
  • Advertising practices that are regarded as deceptive, false, or misleading.
  • Abuse or misuse of topical pharmaceutical agents.
  • Practicing beyond the limits or bounds of your optometry license.
  • Incompetence or negligence in the level and type of care that is provided.
  • Not being physically or mentally fit to carry out the job.
  • Any form of sexual misconduct, including sexual assault and sexual harassment.

The board will begin the investigation, and the administrative law judge will preside over the administrative hearing. Your license can be revoked if you are incapable of safe practice.

The board can impose a stayed revocation if your wrongdoing does not fall under the "incapable of safe practice." The stayed revocation will be coupled with supervised probation. In this case, your license can be temporarily suspended or limited until you meet certain conditions that the board and the judge impose.

Unprofessional Conduct Explained

Unprofessional conduct covers a broad spectrum of behavior. It can vary from one jurisdiction to another. In California, it constitutes:

  • Delegating optometric treatment to a person who has no proper license.
  • Being convicted of an offense which is related to your career or practice.
  • Prescribing drugs or medication without carrying out a proper examination in good faith.
  • Treatments or prescriptions that are deemed to be excessive, especially narcotics.
  • Failure to provide a patient with records when asked to do so.
  • Maintaining fraudulent patient records, as well as failure to maintain adequate patient records.
  • Fraudulent or dishonest behavior.
  • Failure to complete the necessary education requirements to continue practicing optometry.
  • Mental and physical abuse of a patient.
  • Failure to treat or recognize symptoms.

There is a fair amount of redundancy between what the board considers "unprofessional conduct" and the general list of potential complaints. Depending on the facts of your situation and the nature of your offense, the board can use specific parameters to revoke your license. The board's tactic also depends on the nature and specificity of the evidence.

In most cases, the board will pursue strictures on your professional license under "unprofessional conduct." The board can do this if the testimony or evidence against you is vague or you are accused of a broad spectrum of transgressions.

The board can also invoke the formal allegation of "unprofessional conduct" if it is trying to establish a pattern of problematic conduct, which limits your ability to offer good services. In this case, the board will attempt to paint the misconduct in broader strokes. This could be damaging to your good name and reputation.

The Potential Disciplinary Actions You Could Face

The severity of your punishment will vary tremendously depending on the type and nature of the misconduct or offense. Irreversible revocation of your optometry license is the maximum penalty you could face. The minimum penalties are more varied, and they include:

  • The board carries out regular monitoring at the work site for the duration of the probation.
  • Mandatory continuing education is meant to prevent you from committing another crime in the future.
  • A short license suspension period that does not exceed 30 days.
  • A stayed revocation with three to five years of license probation.
  • Other miscellaneous stipulations or conditions considered necessary by the administrative law judge or the board.

The board can post some or all disciplinary actions you face on their website as a matter of public record. The punishment can include:

  • Formal letter of censure.
  • Citation or fine.
  • Denial of your license application.
  • Probation.
  • Suspension.

You could suffer a loss of income even for minor disciplinary actions if the various disciplinary actions are posted online for the public to see. Most patients would be unwilling to work with an optometrist without any disciplinary action against them. Therefore, if your wrongdoings are available online, you might be unable to retain old patients or secure new ones. It can also affect your chances of securing a job at a larger clinic or practice. You should, therefore, fight or appeal any disciplinary procedure, even seemingly minor ones. You can increase the chances of defeating the allegations against you only if you hire a skilled attorney. An attorney will protect your good name and reputation, helping you protect your future business and capacity to make a living.

The Limits Of Optometry License

The second most common reason for disciplinary action or license revocation is operating beyond the limits of an optometry license. The board deems these actions as harmful to patients. This stipulation delineates the procedures you can perform and those you are not allowed to perform.

An optometry license in California allows you to do the following:

  • Diagnose and treat glaucoma in patients over 18 years old. However, patients should also not have angle closure glaucoma.
  • Order cultures, acid-fast stains, x-rays, urinalyses, complete blood counts, smears, and tear fluid analyses to help diagnose disorders of the eye and adnexa.
  • Administer an injection to treat an allergic response.
  • Administer oral fluorescein to patients with possible diabetic retinopathy.
  • Carry out lacrimal irrigation or debridement of the corneal epithelia.
  • Carry out a procedure called corneal scraping as well as taking culture.
  • Prescribe controlled medications, including hydrocodone, in Schedule II and Schedule III.
  • Prescribe oral medications, including codeine or acyclovir, for up to three days.
  • Prescribe topical medications, including steroids or antivirals.

On the other hand, an optometry license does not allow you to do the following:

  • Carry out a probing of the lacrimal tract in the nasal cavity.
  • Use any kind of razor for corrective surgery, including RLE, PRELEX, PRK, YAG, or LASIK.
  • Administer injections except when treating anaphylaxis.
  • Use scalpels or needles to remove any foreign body.

Following the above parameters is important when running your practice. If you are accused of operating beyond the limits of your license, the board will initiate an investigation. Your license could be revoked if you are guilty of committing this offense.

Mitigating And Aggravating Factors For Your Punishment

Your attorney will do everything possible to fight your punishment if a formal accusation has been made against you. An attorney does the following:

  • Cross-examine any witnesses against you to dismantle their testimony.
  • Invoke witness testimony, especially if it contradicts specific claims.
  • Summoning expert witnesses who will bolster your case.
  • Undermining and arguing against the arguments or evidence of the prosecution.
  • Presenting any evidence that is exculpatory in your favor.

Unfortunately, disciplinary action can be unavoidable if there is too much evidence or the witness testimonies are impenetrable. In this case, there are mitigating and aggravating factors that your attorney will have to address.

The mitigating factors that can enhance your chances of facing minimal punishment include the following:

  • A significant period has passed since you committed the offense, and you have not committed another offense.
  • No prior record of significant violations.
  • Open cooperation with the investigation.
  • A low probability that you will commit another crime.
  • Showing genuine regret for your behavior.
  • A full-fledged admission of the nature of your wrongdoing or transgressions.

The nature of your punishment will depend on how well the above mitigating factors are presented to the administrative law judge and the board. You should hire an experienced attorney even if you believe you cannot avoid disciplinary action. An attorney can still negotiate for a lesser punishment.

The aggravating factors that could enhance the severity of your punishment include:

  • Committing an offense in the presence of a minor.
  • Benefiting financially from any of the offenses, indicating that greed was the motive for your professional misbehavior.
  • Having any prior offense on your record indicating that this is your pattern of behavior.
  • A lack of remorse for your actions.
  • Any act that goes against the sacred trust between an optometrist and a patient.
  • Exposing patients to the danger of being harmed.
  • Harming the health of the patient.

Substance Abuse Cases

The Board of Optometry is concerned regarding the effects of substance abuse among practitioners. If you are an addict, it affects your performance and reduces the safety levels of patients. The board demands uniform standards in these cases. You will be ordered to undergo a clinical diagnostic evaluation if you are an addict. The board will suspend you from practicing during the evaluation process. While you wait, there could be two or more random weekly drug tests.

Whether You Are Required To Meet The Cost Of Investigation And Disciplinary Action

If you have faced disciplinary action, the board requires you to meet the costs accumulated throughout the process. This can include any expenses related to the investigations and monitoring the board imposes during probation. The board's policy is to recover the costs related to disciplinary actions. The board does this to make the license and other service expenses more affordable.

You should contact an attorney if you face financial hardship and cannot pay these official costs. Your attorney will help you bargain a solution to your problem. You can be given a payment plan that does not exceed one year. The board and the administrative law judge will only approve this plan if you comply with the probation requirements. It can be a probation violation if you miss paying during this period. Given your financial situation and income level, you should work closely with your legal team to set up a feasible payment plan.

Find a Professional License Attorney Near Me

You have worked too hard and invested heavily to acquire your optometry license. Therefore, you should not give up your license without a fight. When you learn that you are under investigation or someone files a complaint against you, your first step should be contacting an attorney. An attorney will examine the facts of your case and devise the most suitable way of defending your professional license. We have helped many optometrists defend their professional licenses at the San Francisco License Attorney. You can count on our unwavering support no matter how complex the allegations against you. We will do everything possible to acquire a favorable outcome for your case. Contact us at 415-919-6594 to talk to one of our attorneys.