Article 5 - Revocation and Suspension

California Business and Professions Code — §§ 3090-3112

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Sections (24)

Amended by Stats. 2021, Ch. 219, Sec. 3. (SB 509) Effective September 22, 2021.

Except as otherwise provided by law, the board may take action against all persons guilty of violating this chapter or any of the regulations adopted by the board. The board shall enforce and administer this article as to licenseholders, including those who hold a retired license, a license with a retired volunteer designation, an inactive license issued pursuant to Article 9 (commencing with Section 700) of Chapter 1, or a temporary license, and the board shall have all the powers granted in this chapter for these purposes, including, but not limited to, investigating complaints from the public, other licensees, health care facilities, other licensing agencies, or any other source suggesting that an optometrist may be guilty of violating this chapter or any

of the regulations adopted by the board.

Added by Stats. 2013, Ch. 516, Sec. 17. (SB 305) Effective January 1, 2014.

The board may revoke a license issued to a licensee upon a decision, made in a proceeding as provided in Section 3092, that contains a finding of fact of either of the following:

(a)The licensee has engaged in an act of sexual abuse, misconduct, or relations with a patient, as described in paragraph (2) of subdivision (m) of Section 3110.
(b)The licensee has been convicted of a crime described in paragraph (3) of subdivision (m) of Section 3110.

Added by Stats. 2005, Ch. 393, Sec. 6. Effective January 1, 2006.

(a)The board may deny an optometrist license to any applicant guilty of unprofessional conduct or of any cause that would subject a licensee to revocation or suspension of his or her license; or, the board in its sole discretion, may issue a probationary license to an applicant subject to terms and conditions, including, but not limited to, any of the following conditions of probation:
(1)Practice limited to a supervised, structured environment in which the licensee’s activities shall be supervised by another optometrist licensed by the board.
(2)Total or partial restrictions on drug prescribing privileges for controlled substances.
(3)Continuing medical or psychiatric treatment.
(4)Ongoing participation in a specified rehabilitation program.
(5)Enrollment and successful completion of a clinical training program.
(6)Abstention from the use of alcohol or drugs.
(7)Restrictions against engaging in certain types of optometry practice.
(8)Compliance with all provisions of this chapter.
(9)Any other terms and conditions deemed appropriate by the board.
(b)The board may modify or terminate the terms and conditions imposed on the probationary license if the licensee petitions for modification or termination of terms and conditions of probation. A licensee shall not petition for modification or termination of terms and conditions until one year has passed from the effective date of the decision granting the probationary license.

Added by Stats. 2005, Ch. 393, Sec. 7. Effective January 1, 2006.

All proceedings against a licensee for any violation of this chapter or any of the regulations adopted by the board, or against an applicant for licensure for unprofessional conduct or cause, shall be conducted in accordance with the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code) except as provided in this chapter, and shall be prosecuted by the Attorney General’s office.

Amended by Stats. 2013, Ch. 473, Sec. 11. (SB 821) Effective January 1, 2014.

Before setting aside the revocation or suspension of any optometrist license, the board may require the applicant to pass the regular examination given for applicants for an optometrist license.

Added by renumbering Section 3131 by Stats. 2005, Ch. 393, Sec. 37. Effective January 1, 2006.

In addition to other proceedings provided for in this chapter, whenever any person has engaged, or is about to engage, in any acts or practices that constitute, or will constitute, an offense against this chapter, the superior court in and for the county wherein the acts or practices take place, or are about to take place, may issue an injunction, or other appropriate order, restraining that conduct on application of the board, the Attorney General, the district attorney of the county, or on application of 10 or more persons holding licenses issued under this chapter.

The proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure.

Added by renumbering Section 3135 by Stats. 2005, Ch. 393, Sec. 38. Effective January 1, 2006.

In accordance with Section 125.9, the board may establish a system for the issuance of citations, and the assessment of administrative fines, as deemed appropriate by the board.

Added by renumbering Section 3090.1 by Stats. 2005, Ch. 393, Sec. 5. Effective January 1, 2006.

(a)A licensee may be ordered to undergo a professional competency examination if, after investigation and review by the Board of Optometry, there is reasonable cause to believe that the licensee is unable to practice optometry with reasonable skill and safety to patients. Reasonable cause shall be demonstrated by one or more of the following:
(1)A single incident of gross negligence.
(2)A pattern of inappropriate prescribing.
(3)An act of incompetence or negligence causing death or serious bodily injury.
(4)A pattern of substandard care.
(b)The results of a competency examination shall be admissible as direct evidence and may be considered relevant in any subsequent disciplinary or interim proceeding against the licensee taking the examination, and, assuming those results are determined to be relevant, shall be considered together with other relevant evidence in making a final determination.

Added by renumbering Section 3096 by Stats. 2005, Ch. 393, Sec. 10. Effective January 1, 2006.

The sending of a solicitor from house to house or the soliciting from house to house by the holder of an optometrist license constitutes a cause to revoke or suspend his or her license.

Amended by Stats. 2013, Ch. 473, Sec. 12. (SB 821) Effective January 1, 2014.

When the holder uses the title of “Doctor” or “Dr.” as a prefix to his or her name, without using the word “optometrist” as a suffix to his or her name or in connection with it, or, without holding a diploma from an accredited school of optometry, the letters “Opt. D.” or “O.D.” as a suffix to his or her name, it constitutes a cause to revoke or suspend his or her optometrist license.

Added by renumbering Section 3096.5 by Stats. 2005, Ch. 393, Sec. 11. Effective January 1, 2006.

No optometrist shall advertise or otherwise hold himself or herself out to be a specialist in eye disease and the treatment thereof.

Added by renumbering Section 3099 by Stats. 2005, Ch. 393, Sec. 15. Effective January 1, 2006.

The holding out as having a special knowledge of optometry, as defined in this chapter, by the holder of a license, constitutes a cause to revoke or suspend his or her license.

Added by renumbering Section 3128 by Stats. 2005, Ch. 393, Sec. 34. Effective January 1, 2006.

It is unlawful to advertise by displaying a sign or otherwise or hold himself or herself out to be an optometrist without having at the time of so doing a valid unrevoked license from the board.

Amended by Stats. 2006, Ch. 302, Sec. 4. Effective January 1, 2007.

It is unlawful to advertise as being free or without cost the furnishing of optometric services where these services are contingent upon payment or other exchange of consideration for goods or other services offered by the provider, unless that contingency is fully disclosed in the same advertisement.

Amended by Stats. 2013, Ch. 473, Sec. 13. (SB 821) Effective January 1, 2014.

It is unlawful to include in any advertisement relating to the sale or disposition of goggles, sunglasses, colored glasses, or occupational eye-protective devices, any words or figures that advertise or have a tendency to advertise the practice of optometry.

This section does not prohibit the advertising of the practice of optometry by a licensed optometrist in the manner permitted by law.

Added by renumbering Section 3100 by Stats. 2005, Ch. 393, Sec. 16. Effective January 1, 2006.

The employing of what are known as “cappers” or “steerers” to obtain business constitutes unprofessional conduct.

Amended by Stats. 2021, Ch. 630, Sec. 86. (AB 1534) Effective January 1, 2022.

Altering or modifying the medical record of any person, with fraudulent intent, or creating any false medical record, with fraudulent intent, constitutes unprofessional conduct. In addition to any other disciplinary action, the California State Board of Optometry may impose a civil penalty of five hundred dollars ($500) for a violation of this section.

Amended by Stats. 2013, Ch. 473, Sec. 14. (SB 821) Effective January 1, 2014.

Knowingly making or signing any license, certificate, or other document directly or indirectly related to the practice of optometry that falsely represents the existence or nonexistence of a state of facts constitutes unprofessional conduct.

Amended by Stats. 2013, Ch. 473, Sec. 15. (SB 821) Effective January 1, 2014.

It is unlawful to use or attempt to use any license or certificate issued by the board that has been purchased, fraudulently issued, counterfeited, or issued by mistake, as a valid license or certificate.

Added by renumbering Section 3097 by Stats. 2005, Ch. 393, Sec. 14. Effective January 1, 2006.

When the holder is suffering from a contagious or infectious disease, it constitutes a cause to suspend his or her license during the period of continuance of that disease.

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