The work of an optometrist is to care for the eyesight needs of the patients. You must undergo rigorous training and education before earning the title of optometrist. The California State Board of Optometry is the organization that ensures optometrists follow safety and regulation standards in this healthcare profession. Simply put, the board issues licenses and investigates complaints against your license. The board suspends or revokes your optometry permit if investigations show you breached the licensing agency’s rules or engaged in misconduct.

Thankfully, not all accusations lead to disciplinary measures. The licensing organization investigates the case and gives you time to respond or defend yourself in an administrative proceeding. Challenging the allegations is complex, which is why you require an attorney. At San Bernardino License Attorney, we can guide you through this process and defend you in the administrative process.

Notable Responsibilities of Optometry Licensees

Your optometry permit allows you to perform the following responsibilities in your clinical settings:

  • Conduct visual testing by special devices to identify eye-related illnesses like glaucoma.

  • Authorize the use of topical medication.

  • Authorize oral medications like codeine for no more than three days.

  • Authorize the use of controlled drugs like schedule II and III drugs.

  • Administer procedures like corneal scraping and culture.

  • Prescribe oral fluorescein for inpatients with diabetic retinopathy.

  • Administer injections only treating symptoms of allergic reaction.

  • Order X-rays, taking of cultures, smears, urinalyses, tear fluid, and full blood count for proper diagnosis of eye conditions.

You should know the scope of your responsibilities is limited. The optometry license body bars you from:

  • Utilizing needles or scalpels to extract foreign materials from the eye.

  • Administer any injections apart from the ones intended to treat allergic reactions.

  • Utilizing any kind of laser, like LASIK or PRELEX, for eye surgery.

  • Probe the lacrimal tract in the nasal cavity.

When operating an optometry practice, you should abide by these guidelines by performing duties that you are authorized and trained to perform. Performing a prohibited procedure could jeopardize the license that you worked so hard to acquire.

The slightest mistake in this practice can attract a complaint and subsequent investigation by the licensing agency if the claim can be substantiated. An alleged misdiagnosis, deviation from the standard of care, or negligence accusation could stem from unrealistic expectations from a patient, leading to wrongful allegations because of an issue outside your control. Even the best optometrists in the industry are susceptible to some mistakes, leading to complaints, investigations, and possible disciplinary actions.

As an optometrist, you have undergone numerous tests, lengthy education and training, and an expensive licensure procedure to acquire your license. Therefore, when attending to your patients, you do your best to address their eye conditions within the board’s stipulations. Unfortunately, you still risk false or out-of-proportion allegations. Also, you are human and prone to make errors. However, a single mistake should not be why you lose your license.

At San Bernardino License Attorney, we understand mistakes happen and will not judge you. Our attorneys will work tirelessly to defend your reputation and profession.

California State Board of Optometry Mission

The California Optometry Board protects eye patients from compromised and unsafe optometry services. The body maintains high standards in the industry by managing the licensure of optometrists and setting rules that licensees must adhere to when practicing. The agency also enforces its rules by canceling or withdrawing licenses of optometrists who they deem to have breached the state or board regulations governing the practice.

It sounds like the board exists to serve optometrists. Nevertheless, it is in place to serve the public. The licensing body is not against you either. If you face a complaint or investigation, you need someone to protect your rights and interests. A healthcare professional license defense lawyer will be by your side to safeguard your interests in the case. Your attorney can approach the board or investigators for negotiations and a favorable settlement.

A breach of the profession’s standards of care or rules impacts your capacity to provide uncompromised optometry services. Therefore, the licensing agency is notified in the form of a complaint. Your patients or colleagues report these complaints. While most are dismissed for lack of merit, a few that can be substantiated are assigned investigators who collect more evidence before lodging a formal complaint.

Common Formal Allegations Reported Against Optometrists

The first phase of an investigation is lodging a complaint by a claimant or plaintiff. The accuser can be a fellow optometrist, an eye patient, a patient’s family, or a member of the public. The most prevalent allegations reported against optometrists include:

  • Unprofessional conduct.

  • Negligence.

  • Excessive prescription.

  • Incompetent care.

  • False advertisement.

  • Mental or physical incapacity.

  • Practicing optometry without a valid license.

  • Operating an optometry business in an illegal location.

  • Administering medication without a proper diagnosis.

  • Operating beyond your optometry’s license scope.

  • Not maintaining adequate patient records.

  • Breaching license probation condition.

  • Running your business while under disciplinary action from another licensing body.

  • Obtaining a criminal conviction significantly related to optometry.

  • Hiring unlicensed assistants.

  • Disregarding patient requests for their medical records.

  • Fraudulently obtaining your license.

  • Alcoholism or substance addiction on the job.

  • Maintaining fraudulent patient records.

  • Misuse of topical pharmaceutical medication or agents.

Any of these violations, if substantiated, can attract the board’s full investigation. When the investigators discover solid evidence to back the claim, the licensing body lodges a formal allegation against you, which goes to the Administrative Law Judge’s (ALJ) desk if no settlement is reached. If the ALJ recommends to the organization that you cannot practice, they will cancel or revoke your permit. A revocation means the licensing board cannot guarantee the public an exceptionally high standard of care and safety.

Nonetheless, when there is room for you to correct your mistakes or your violation does not entirely make you incapable of providing safe optometry service, the organization can stay your revocation and put your permit on probation. That way, the agency can suspend or withdraw your license for a given period or allow you to practice under harsh restrictions.

Unprofessional Conduct Definition

The most common accusation optometrists face is that of unprofessional conduct. The phrase refers to several behaviors. In California, unprofessional conduct comprises of:

  • Dishonest or fraudulent conduct.

  • Impaired capacity to provide safe optometry services due to mental or bodily impairment.

  • Not maintaining proper patient medical records.

  • Not providing patients with their medical records after request

  • Delegating your duties to an unlicensed assistant.

  • A conviction for a criminal violation with a significant relationship to optometry.

  • Prescribing treatments considered excessive.

  • Keeping fraudulent patient records or not maintaining any at all.

  • Failure to complete continuing education programs to allow you to continue practicing optometry.

From this list of behaviors that comprise unprofessional conduct, you will notice a redundancy of common violations versus what the licensing body deemed as unprofessional behavior. Depending on your specific violation and your case’s circumstances, the entity can be more exact on your violation to impose disciplinary measures like cancellation or suspension. The specificity of the board’s approach also depends on your case’s evidence and nature.

Nevertheless, the board's most formal accusations against you will be based on the broader parameter, 'unprofessional conduct,’ even though the phrase prescribes a spectrum of conduct.

Also, the licensing body can accuse you of unprofessional conduct if they establish a pattern of misconduct that limits your capacity to offer patients safe and quality optometry care. They will broadly mention your violation with the intent of denting your reputation.

Whatever tactic the board approaches to invoke professional misconduct accusations, an experienced attorney can defend you for a fair outcome. Your attorney will fight all allegations that threaten your permit, including unprofessional behavior.

Steps the Case Follows

The board’s investigation begins with lodging a claim by a complainant. After the complaint, the phases your case goes through before the disciplinary measures include:

  1. Preliminary Evaluation

The first stage in the investigation is the preliminary evaluation or review. In this phase, the agency opens the complaint and reviews the information provided to determine if the accusations are valid and worth pursuing. The stage is necessary to prevent time and resource wastage by following up on complaints with no merit. In this stage, the licensing body can request more proof from the complainant or drop the case.

  1. Thorough Investigations

If preliminary review establishes that the complaint against you can be substantiated, they will assign the matter investigators for thorough investigations. Investigations involve conducting sting operations, collecting more information on the alleged violation, interviewing witnesses, and gathering all evidence relevant to the case.

  1. Administrative Proceeding

After investigations by the licensing organization, you are entitled to an administrative hearing. The proceeding allows you and your defense attorney to submit evidence, cross-examine witnesses, and submit mitigating factors. Before proceeding, you will have ample time to analyze the evidence against you and craft viable defenses. The hearing is presided over by an ADL, who makes recommendations to the optometry board after listening to the evidence provided. The organization then has the final say on whether to adopt the ALJ’s suggestions.

  1. Penalties Determination

When the board establishes that you engaged in a violation, they will decide on the right disciplinary measures depending on the judge’s recommendations. Factors influencing the organization’s decisions include your mitigating circumstances, proof of rehabilitation, the investigators’ proof, the gravity of your violation, and your criminal record.

Common Disciplinary Measures

If there is adequate proof to demonstrate you engaged in a violation, the licensing organization will impose these penalties:

Public Reprimand

Also called a reproval letter, a public reprimand is a disciplinary measure imposed on minor breaches. The penalty is lenient, as it never imposes restrictions on your license. Additionally, it does not remain in your record, allowing you to leave your mistakes in the past. Nonetheless, it is made public on the board’s website, which could harm your reputation.

Professional or License Probation

Incompetence, negligence, and substance abuse commonly result in license probation. The best result in a hearing is case dismissal. Nevertheless, license probation can be deemed favorable if you could have resulted in license cancellation or withdrawal. The probationary period is usually thirty-six months. In this period, you must adhere to strict conditions, including:

  • Adherence to the law.

  • Practice while under supervision.

  • Submitting regular written reports to your supervisor.

License Suspension

Another penalty the organization can impose is license suspension or withdrawal. The withdrawal bars you from practicing for thirty-six to sixty months, after which you must apply for license reinstatement to resume practice. The penalty is severe because, for this duration, you cannot secure a job or operate a business using your optometry title.

Do not assume the permit will automatically be reinstated after the suspension lapses. You should request reinstatement and attach rehabilitation evidence.

License Cancellation of Revocation

The harshest punishment you can attract for violating Optometry Board rules is the cancellation or revocation of your permit. The punishment is imposed on optometrists who do not show rehabilitation signs or have engaged in severe breaches. Unlike a suspension, a revocation is permanent, and you can never practice optometry again. All your hard work, sacrifice, time, and money spent obtaining the permit will be lost, and you will have to start another career afresh.

Citation and Monetary Fines

Payment of fines and citations are other lenient penalties the licensing organization imposes for minor violations. The fine to be paid depends on your violation and its effects on the victim. For formal punishments, you must compensate the organization for the administrative hearing and supervision costs during probation.

The fine helps lower license application costs. If you do not have the funds upfront, you can ask the board for a repayment plan that usually lasts twelve months.

License Denial

You become an optometrist by applying for a license with your licensing organization. However, your application will be rejected if you have a criminal conviction for a crime significantly related to optometry or if you have a drug or alcohol addiction history.

Even if the board rejects your license, you can still apply afresh, but with the help of an attorney. A lawyer will ensure all the evidence the board could require during evaluation is present, including proof of rehabilitation, to ensure your application is successful and that your career dreams come true.

Find a Proficient Healthcare Professional License Lawyer Near Me

Many people take sight for granted until they experience eye problems. Eyesight is very valuable, hence the need for quality eye care for the public. One must obtain an optometry permit from the Optometry Board of California to assist people with sight issues. Before the board issues you with a license, you must complete education, training, and tests to ensure you maintain the high standards to keep your patients safe.

Unfortunately, a simple violation can threaten your license despite the resources and years invested in obtaining the title optometrist. If you are under investigation by your agency for a breach, the San Bernardino License Attorney can defend you for a dismissal or fair outcome. Call us at 909-966-4095 to start preparing your defenses.