1.    After an administrative hearing conducted in accordance with chapter 28-32, the board may restrict, revoke, or suspend any license granted by it under this chapter when the board determines the holder of the license:

Terms Used In North Dakota Code 43-13-22

  • Conviction: A judgement of guilt against a criminal defendant.
  • following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
  • Fraud: Intentional deception resulting in injury to another.
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49

a.    Has violated any provisions of this chapter, the rules and regulations of the board, or committed an offense determined by the board to have a direct bearing upon a holder’s ability to serve the public as an optometrist, or when the board     determines, following conviction of a holder for any other offense, that the holder is not sufficiently rehabilitated under section 12.1-33-02.1; b.    Has sold or distributed any drug legally classified as a controlled substance or as an addictive or dangerous drug; c.    Has been addicted to the excessive use of intoxicating liquor or a controlled substance for at least six months immediately prior to the filing of the charges; d.    Is afflicted with any contagious or infectious disease; e.    Is grossly incompetent to discharge the holder’s duties in connection with the practice of optometry; f.    Has employed fraud, deceit, misrepresentation, or fraudulent advertising in the practice of optometry; or

g.    Is engaged in the practice of optometry by being directly or indirectly employed by any person other than a licensed optometrist, a physician licensed under chapter 43-17, a hospital, or a clinic operated by licensed optometrists or by licensed physicians.

2.    Any person whose license has been revoked or suspended may have the same reinstated upon satisfactory proof that the disqualification has ceased or that the disability has been removed and upon such conditions as established by the board.