THE CALIFORNIA STATE BOARD OF OPTOMETRY DISCIPLINES OPTOMETRISTS AND OPTICIANS
The California State Board of Optometry files accusations and, or, cites Optometrists, Opticians, and Registered Dispensing Ophthammic Businesses (RDO). The enforcement activity of the California State Board of Optometry varies greatly from year to year. Nevetheless, when enforcement proceedings have been initiated, the California Board of Optometry takes them seriously. If you are reading this you may have been served with an accusation. If so, Malakauskas Law APC can help.
COMMON CAUSES OF DISCIPLINE FOR OPTOMETRISTS AND OPTICIANS
Optometrists and opticians can face board discipline based upon a wide variety of conduct. The California State Board of Optometry has discretion to discipline individuals on a case-by-case basis. Nevertheless, certain conduct appears to show up in disciplinary proceedings more than others. Common causes of discipline for optometrists and opticians include:
- Driving Under the Influence: Driving under the influence of alcohol is one of the greatest causes of discipline for optometrists.
- Negligence or Incompetence: Being medical professionals, optometrists are held to a high standard of care. Falling below the standard will often results in discipline.
- Inadequate Record Keeping: Similar to other professionals, Optometrists often face discipline for inproper record keeping. This includes record keeping concerning procedures and examinations, as well as controlled substances.
- Practicing Without A License: Another common manner in which optometrists and opticians may face discipline is by practicing without a valid license. This often occurs when individuals begin practicing before they have properly obtained their license or registered their business (or during a lapse of such license).
- Assisting The Unlawful Practice: An optometrist may ask an individual who does not have a proper license to engage in certain work related acts. If these work related acts require a license, the optometrist may be disciplined.
- Deceptive Advertising or Practice: Optometrists have frequently been disciplined for deceptive advertising practices. This includes operating under an unregistered false or fictitious name.
- Regulatory Violations: More minor violations, although common, such as failing to complete continuing education requirements or failing to display the required certification at a RDO usually result in fines.
WHAT SHOULD YOU DO IF YOU ARE BEING INVESTIGATED BY THE CALIFORNIA STATE BOARD OF OPTOMETRY?
If you are being investigated by the California State Board of Optometry you will likely be contacted by them or one of their agents. An instinctive reaction to being investigated is to become dismissive or unresponsive to the Board. However, this would be a mistake as the Board is deliberate, diligent, and thorough in their actions. Rather than be passive during the investigation you may want an attorney by your side.
Having an attorney by your side during the investigation can help you:
- Feel More Confident: As this will probably be a new experience for you, you will likely feel overwhelmed. Having an attorney by your side will help you feel more confident as the process is explained to you.
- Understand the Investigator’s Intentions: Based upon the actions of the investigator, an attorney may be able to figure out the investigator’s intentions and what conduct you will likely be accused of.
- Prevent Self-Incrimination: Having an attorney by your side will help you from accidently self-incriminating yourself.
- Prevent Perjury Traps: Dishonesty is a form of professional misconduct for which you can be disciplined. If an investigator believes that you have been dishonest, they may add that allegation to your accusation. Having an attorney help you can prevent the investigator from accusing you of dishonesty.
- Help with Exonerating Evidence: An attorney conducting their own investigation into the facts may result in uncovering evidence that exonerates you or portrays the facts from a more favorable perspective.
- Potentially Resolve the Case: An attorney may be able to convince the investigator that you have not violated any laws and steer the investigator towards evidence or facts which allow the investigator to reach the proper conclusion.
WHAT LAWS ARE OPTOMETRISTS AND OPTICIANS DICIPLINED UNDER?
If the California State Board of Optometry determines that you have violated the law, you will be served with an accusation at a later date. If you are an optometrist, when you are served with an accusation, it will most likely reference California Business and Professions Code §§3090 through 3112. By contrast if you are a dispensing optician, the accusation will likely reference Business and Professions Code §§2550 through 2568.
POSSIBLE OUTCOMES AFTER FACING AN ACCUSATION
When confronted with an accusation, you are faced with a variety of possible outcomes. The outcomes range from being inconvenienced by the whole process to losing your license and owing thousands of dollars. Below is a list of the outcomes you may face:
- Win/Accusation Withdrawn: You may win at the administrative hearing and, or, have the accusation against you withdrawn.
- Revocation: You may face losing your license and losing your career.
- Voluntary Surrender: In some circumstances, you may decide that voluntarily surrendering your license is the best resolution of the matter.
- Suspension: You may face being prevented from practicing your career for a fixed amount of time.
- Probation: You may be put on probation subject to certain conditions.
- Public Reproval: You may face being publicly reproved on your permanent record.
- Fines: You may be required to pay the costs of the investigation and enforcement of the accusation.
Obviously, the best possible outcome is to win your case and, or, have the accusation withdrawn. However, depending on the facts of the case and the evidence presented, that may not be possible. Some of the other outcomes should still be seen as victories depending on the circumstances.
Hearings before the California State Board of Optometry can occur quickly relative to the Court system. If you wish to challenge or contest the Accusation, you must file a Notice of Defense with the California State Board of Optometry within fifteen (15) days of being served with the Accusation. California Government Code §11506(c). Failure to file a notice of defense will constitute a waiver of your right to a hearing. Therefore, it is imperative that you act quickly to protect your rights. Malakauskas Law, APC, can get started on filing your Notice of Defense today.
WHAT IF YOU MISSED THE DEADLINE TO FILE A NOTICE OF DEFENSE?
If you missed the deadline to file a Notice of Defense, you may still be able to have a hearing. The California State Board of Optometry may “in its discretion” grant you a hearing. Nevertheless, the more prudent action is to file your Notice of Defense within the fifteen (15) days.
WHAT IF YOUR ACCUSATION HAS ALREADY BEEN LITIGATED AND YOU ARE ON PROBATION? WHAT IF YOUR PROBATION HAS BEEN THREATENED? CAN YOU END YOUR PROBATION EARLY?
The information above has explained the investigative process and accusations. However, what if you are far past the accusation process and have already received a disciplinary order. Perhaps you are on probation. If you are on probation, you must diligently follow all of your probation requirements. The California State Board of Optometry will file yet another accusation or a petition to revoke your probation if you violate probationary terms. However, regardless of whether an accusation or a petition is filed, you will have a right to a hearing. You are also entitled to have an attorney represent you at the hearing. Imagine the comfort and confidence you will feel in having a strong advocate at your side.
However, what if you have not violated any of the terms of probation but rather desire to end probation prematurely or change its terms? California Business and Professions Code §1686 allows you to petition the California State Board of Optometry for an early termination of your probation or to modify the conditions of probation. Malakauskas Law, APC, can evaluate your case to see if you qualify for either. If you do qualify, Malakauskas Law, APC, can start the process today.
IF YOU ALREADY LOST YOUR LICENSE, CAN YOU REINSTATE YOUR LICENSE?
What if you surrendered your license or your license has already been revoked? Perhaps you deeply regret losing your license. Visualize how amazing it will feel to get it back. Do you wish you could get it back? If so, you may be able to file a petition to reinstate your license. You are allowed to petition to the California State Board of Optometry under Government Code §1686 to reinstate your license. Similar to the accusation process, your petition will likely be determined by a hearing in front of an administrative law judge. You will have to prepare the petition and provide testimony. Malakauskas Law, APC, can get started on your petition today and advocate for you during the hearing. Fighting to help you reclaim your license.
You are already reading this as you desire more information, but why browse endless web pages looking for answers? Get the answers now. Call 866-790-2242 now for your free consultation.
(c)Malakauskas Law, APC. Attorney Advertisement. This website shall not be construed as legal advice and is for informational purposes only. Each and every case is different and requires an attorney to examine the specific case in question to arrive at an adequate legal conclusion. Consult with your own personal attorney for more information on the subject matters.