A. After notice and a hearing the board in its discretion may censure, impose a civil penalty, prescribe probation, suspend or revoke the license of a doctor of optometry or refuse to issue or renew a license, certificate or registration for any of the following reasons:

Terms Used In Arizona Laws 32-1743

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Board: means the state board of optometry. See Arizona Laws 32-1701
  • doctor of optometry: means a person who has graduated from an accredited college of optometry. See Arizona Laws 32-1701
  • Fraud: Intentional deception resulting in injury to another.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Licensee: means a person licensed to practice the profession of optometry pursuant to this chapter. See Arizona Laws 32-1701
  • Moral turpitude: means an offense, whether a misdemeanor or felony, that is related to extortion, burglary, larceny, bribery, embezzlement, robbery, racketeering, money laundering, forgery, fraud, murder, voluntary manslaughter or a sexual offense that requires the individual to register pursuant to section 13-3821. See Arizona Laws 1-215
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
  • pharmaceutical agent: means a prescription or nonprescription substance or a schedule III controlled substance used for examination, diagnosis or treatment of conditions of the human eye and its adnexa. See Arizona Laws 32-1701
  • Practice of the profession of optometry: means :

    (a) The examination or refraction of the human eye and its appendages and the employment of any objective or subjective means or methods other than surgery for the purpose of diagnosing or treating any visual, muscular, neurological or anatomical anomalies of the eye. See Arizona Laws 32-1701

  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
  • Unprofessional conduct: means :

    (a) Wilful betrayal of a professional secret or wilful violation of a privileged communication except as otherwise required by law. See Arizona Laws 32-1701

1. Being convicted of a felony or any offense involving moral turpitude.

2. Procuring or attempting to procure a license to practice optometry or a certificate to use pharmaceutical agents by fraud, deceit, misrepresentation or knowingly taking advantage of the mistake of another person or agency.

3. Committing conduct likely to deceive or defraud the public.

4. Committing unprofessional conduct.

5. Employing a solicitor to solicit business or soliciting from house to house or person to person.

6. Obtaining a fee or compensation by fraud or misrepresentation.

7. Employing a person to engage in the practice of the profession of optometry who does not hold a license to practice the profession of optometry in this state.

8. Using any device to evade or defeat the provisions of this chapter, such as a profit sharing plan or partnership with a person not licensed to practice the profession of optometry in this state.

9. Committing the practice of the profession of optometry under a false or assumed name.

10. Violating any provision of this chapter or any board order.

11. Violating any of the rules adopted by the board pursuant to this chapter.

12. Violating any statutes, laws or rules regulating the practice of optometry in this state or any other jurisdiction in the United States.

13. Providing any controlled substance or pharmaceutical agent that is not authorized by this chapter or providing any controlled substance or prescription-only drug for other than accepted therapeutic purposes for diagnosis and treatment of conditions of the human eye and its adnexa.

14. Dispensing a schedule II controlled substance that is an opioid.

15. Committing gross malpractice or repeated acts constituting malpractice.

16. Failing to maintain or submit records as required by this chapter.

B. To determine the appropriate disciplinary action pursuant to this section, the board may consider any previous nondisciplinary and disciplinary actions against a licensee.

 

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