§ 17-90-305 - Revocation, suspension, or refusal to renew -- Grounds.

17-90-305. Revocation, suspension, or refusal to renew -- Grounds.

(a) The State Board of Optometry shall have the power to revoke, suspend, place a license on probation for such time as the board shall order and under such conditions as the board may impose, to ensure the health and safety of the citizens of Arkansas, impose a fine of up to one thousand dollars ($1,000) per violation, refuse to renew a license or reprimand the licensee, or any combination thereof, if the board finds that the individual has committed any of the following offenses:

(1) Perpetrating a fraud on the public;

(2) Presenting false information or documentation to the board in an attempt to obtain or to retain a license;

(3) Conviction of a felony or the conviction of a misdemeanor, if the misdemeanor conduct would denote an impairment in the ability to practice optometry;

(4) Habitual drunkenness;

(5) Habitual or excessive use of schedule medication or other habit-forming or mind-altering drugs that would impair the ability to practice optometry;

(6) Violation of the laws of the United States or the State of Arkansas regulating the possession, distribution, and prescribing of schedule medication;

(7) Flagrant overcharging or billing;

(8) False representation of materials;

(9) False or misleading advertising;

(10) Gross incompetency in the treatment of patients;

(11) Unprofessional conduct;

(12) Suffering from mental disease or defect rendering the licensee incompetent to practice optometry as a result of proof given by a licensed medical psychiatrist in the State of Arkansas and in combination with testimony of a licensed optometrist;

(13) Violation of any provision of the laws of Arkansas regulating the practice of optometry;

(14) Violation of any rule or regulation of the board;

(15) Violation of any term of probation or order rendered by the board; or

(16) Having been found in violation of a statute or a rule or regulation governing the practice of optometry by the optometry licensing authority or agency of another state.

(b) In addition to those acts which may be prescribed by the board as unprofessional conduct, the following shall be deemed by the board to be unprofessional:

(1) The violation of any provision of this chapter; or

(2) The acceptance of employment either directly or indirectly by a licensed optometrist from an optometrist not licensed in Arkansas or from an unlicensed person, firm, or corporation engaged in any business or profession to assist it, him or her, or them, in practicing optometry in this state.