§ 1719 - Unprofessional conduct
§ 1719. Unprofessional conduct
(a) Unprofessional conduct is the conduct prohibited by this section and by section 129a of Title 3, whether or not taken by a license holder.
(b) Unprofessional conduct means:
(1) Conduct which evidences moral unfitness to practice the occupation.
(2) Any of the following except when reasonably undertaken in an emergency situation in order to protect life, health or property:
(A) Practicing or offering to practice beyond the scope permitted by law.
(B) Performing treatments or providing services which a licensee is not qualified to perform or which are beyond the scope of the licensee's education, training, capabilities, experience, or scope of practice.
(C) Performing occupational services which have not been authorized by the consumer or his or her legal representative.
(3) Any of the following with regard to the buyer's prescription or purchase of ophthalmic goods:
(A) Failure to give to the buyer a copy of the buyer's spectacle lens prescription immediately after the eye examination is completed. Provided, an optometrist may refuse to give the buyer a copy of the buyer's prescription until the buyer has paid for the eye examination but only if that optometrist would have required immediate payment from that buyer had the examination revealed that no ophthalmic goods were required. If the buyer requests his or her contact lens prescription before the prescription is complete, the optometrist shall furnish a copy of the buyer's contact lens prescription to the buyer, clearly marked to indicate that it is not a complete contact lens prescription.
(B) Conditioning the availability of an eye examination to any person on a requirement that person agree to purchase any ophthalmic goods from the optometrists.
(C) Charging the buyer any fee in addition to the optometrist's examination fee as a condition to releasing the prescription to the buyer. Provided, an optometrist may charge an additional fee for verifying ophthalmic goods dispensed by another seller when the additional fee is imposed at the time the verification is performed.
(D) Placing on the prescription or requiring the buyer to sign, or delivering to the buyer a form or notice waiving or disclaiming the liability or responsibility of the optometrist for the accuracy of the eye examination or the accuracy of the prescription for ophthalmic goods or services to be dispensed by another seller.
(c) After hearing, the board may take disciplinary action against a licensee or applicant found guilty of unprofessional conduct. (Added 1979, No. 158 (Adj. Sess.), § 1; amended 1983, No. 242 (Adj. Sess.), §§ 7-9; 1993, No. 108 (Adj. Sess.), § 8; 1997, No. 145 (Adj. Sess.), § 41; 2003, No. 108 (Adj. Sess.), § 2.)