65-1516. Professional incompetence; unprofessional conduct; defined.
65-1516
65-1516. Professional incompetence; unprofessional conduct; defined.As used in this act:
(a) "Professional incompetence" means:
(1) One or more instances involving failure to adhere to theapplicable standard of care to a degree which constitutes gross negligenceas determined by the board.
(2) Repeated instances involving failure to adhere to the applicablestandard of care to a degree which constitutes ordinary negligence, asdetermined by the board.
(3) A pattern of practice or other behavior which demonstrates amanifest incapacity or incompetence to practice optometry.
(b) "Unprofessional conduct" means:
(1) Using fraudulent or false advertisement.
(2) Engaging in the practice of optometry as an agent or employee of aperson not licensed under the optometry law.
(3) Conduct likely to deceive, defraud or harm the public.
(4) Making a false or misleading statement regarding the licensee'sskill or the efficacy or value of the drug, treatment or remedy prescribedby the licensee or at the licensee's direction.
(5) Aiding or abetting the practice of optometry by an unlicensed,incompetent or impaired person.
(6) Allowing another person or organization to use the licensee'slicense to practice optometry.
(7) Commission of any act of sexual abuse, misconduct or exploitationrelated to the licensee's professional practice.
(8) The use of any false, fraudulent or deceptive statement in anydocument connected with the practice of optometry.
(9) Obtaining any fee by fraud, deceit or misrepresentation.
(10) Directly or indirectly giving or receiving any fee, commission,rebate or other compensation for professional services not actually andpersonally rendered, other than through the legal functioning of lawfulprofessional partnerships, corporations or associations.
(11) Performing unnecessary tests, examinations or services which haveno legitimate optometric purpose.
(12) Charging an excessive fee for services rendered.
(13) Prescribing, dispensing, administering, distributing aprescription drug or substances, in an excessive, improper or inappropriatemanner or quantity or not in the course of the licensee's professional practice.
(14) Repeated failure to practice optometry with that level of care,skill and treatment which is recognized by a reasonably prudent similarpractitioner as being acceptable under similar conditions and circumstances.
(15) Failure to keep written optometry records which describe theservices rendered to the patient, including patient histories, pertinentfindings, examination results and test results.
(16) Delegating professional responsibilities to a person when thelicensee knows or has reason to know that such person is not qualified bytraining, experience or licensure to perform them.
(17) Using experimental forms of therapy without proper informedpatient consent, without conforming to generally accepted criteria orstandard protocols, without keeping detailed legible records or withouthaving periodic analysis of the study and results reviewed by a committee of peers.
(18) Allowing improper interference with the licensee's professionaljudgment in providing patient care.
(19) Allowing optometric services to be provided by a person or entitynot qualified to do so under state law.
(20) Failure to disclose to the patient the identity of the licenseewho performs optometric services before the time optometric services are performed.
(21) Failure to maintain minimum standards for ophthalmic goods andservices provided by the licensee determined by rules and regulations of theboard.
(22) Willful betrayal of a patient's confidence.
(23) Prescribing, purchasing, administering, selling or giving awayprescription drugs, including a controlled substance, for other than legal andlegitimate purposes.
History: L. 1990, ch. 223, § 12;L. 1999, ch. 23, § 6; Apr. 1.