(1) Each of the following acts constitutes a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084:
(a) Practicing or attempting to practice optometry without a valid active license issued pursuant to this chapter.
Terms Used In Florida Statutes 463.015
- Certified optometrist: means a licensed practitioner authorized by the board to administer and prescribe ocular pharmaceutical agents. See Florida Statutes 570.051
- Felony: A crime carrying a penalty of more than a year in prison.
- Licensed practitioner: means a person who is a primary health care provider licensed to engage in the practice of optometry under the authority of this chapter. See Florida Statutes 570.051
- Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
- oath: includes affirmations. See Florida Statutes 88.6011
- Optometry: means the diagnosis of conditions of the human eye and its appendages; the employment of any objective or subjective means or methods, including the administration of ocular pharmaceutical agents, for the purpose of determining the refractive powers of the human eyes, or any visual, muscular, neurological, or anatomic anomalies of the human eyes and their appendages; and the prescribing and employment of lenses, prisms, frames, mountings, contact lenses, orthoptic exercises, light frequencies, and any other means or methods, including ocular pharmaceutical agents, for the correction, remedy, or relief of any insufficiencies or abnormal conditions of the human eyes and their appendages. See Florida Statutes 570.051
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 88.6011
(b) Attempting to obtain or obtaining a license to practice optometry by fraudulent misrepresentation.
(c) Using or attempting to use a license to practice optometry which has been suspended or revoked.
(2) Each of the following acts constitutes a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083:
(a) Identifying one’s activity by using the name or title “optometrist,” “licensed practitioner,” “certified optometrist,” “Doctor of Optometry,” or “O.D.” in a manner which represents to the public that the person is a licensed practitioner or certified optometrist when the person has not been licensed or certified pursuant to this chapter.
(b) Knowingly employing unlicensed persons in the practice of optometry, except as specifically authorized by this chapter.
(c) Knowingly concealing information relating to violations of this chapter.
(d) Willfully making any false oath or affirmation when required to make an oath or affirmation pursuant to this chapter.