Your license is critical to your career, reputation, and livelihood as an optometrist. Losing it or subjecting it to severe discipline can harm all these aspects. Even a minor misconduct or misdemeanor conviction can lead to losing your license.

The good news is that misconduct need not lead to the end of your career. The California State Board of Optometry will allow you to defend yourself; a competent lawyer can help you. At San Luis Obispo License Attorney, we are the highest-rated optometry license defense lawyers in San Luis Obispo and beyond. We boast decades of experience and help you obtain the best potential outcome during the disciplinary process. Call us for a complimentary consultation at any time.

The California State Board of Optometry

The CA Board of Optometry is part of the California Department of Consumer Affairs (DCA). The board regulates optometry licensing in California. It investigates criminal matters and complaints involving licensed optometrists and imposes discipline where necessary. It also investigates optometry license applicants who have committed misconduct or those with a criminal record.

The board’s primary mission is to protect patients and the public from unsafe optometry care. It does this by regulating license issuance. The board also sets rules and regulations that every licensee must abide by to ensure patients' well-being. These rules ensure every licensed optometrist offers the required standard of care.

The board is notified if you breach the set standards of care or do other misconduct that may affect your capability to practice effectively. Usually, the board receives several complaints. Even though it dismisses most complaints after investigation, any complaint regarding your action or inaction may jeopardize your license.

If a board investigator contacts you about a complaint against you, you want to consult an attorney. An investigation might result in a formal accusation seeking discipline against your license. Disciplinary action can damage your career and reputation, no matter how minor. You can challenge a formal complaint against you via an administrative hearing.

The board may deny you a license if you are an applicant with a criminal record. In that case, you want to contact a license defense lawyer. They can help you with your application to avoid a Statement of Issues and denial of your application.

Common Grounds For Disciplinary Action By The CA Board of Optometry

Optometrists can face disciplinary action for various allegations. The following are prevalent grounds for disciplinary action by the CA Board of Optometry:

  • A conviction of an offense substantially related to the functions, duties, and qualifications of an optometrist: Examples of these crimes include sex crimes, DUI, drug crimes, fraud, and embezzlement. When the criminal court convicts you of an offense related to optometry practice, the board receives a notification. Based on how severe your crime is, the board can impose discipline against you.
  • Any action of dishonesty or making false statements on a license application: You must use the correct procedure to acquire a professional optometry license. This entails completing the necessary years of training and education. You must also undergo a board evaluation. Above all, you must be truthful when filling out your license application. Acquiring a license through dishonesty or fraud can lead to disciplinary action.
  • Sexual misconduct or sexual contact with a patient: Optometrists attend to vulnerable patients in need of help with their eye issues. The board anticipates these professionals to be ethical while interacting with any patient. Sexual misconduct with patients is grounds for board disciplinary action.
  • Incompetence, negligence, or gross negligence: The board has established rules for the standard of care licensed optometrists must comply with to ensure patients' well-being and safety. Disregarding these rules and engaging in incompetent or negligent behavior is grounds for discipline.
  • Abuse of alcohol or drugs, including prescription drugs: The board has concerns about the effect of alcohol and drug abuse on optometrists' ability to provide safe services. Drug and alcohol consumption may cloud a professional’s judgment, affecting their quality of service. Consequently, the board takes harsh measures on professionals found to abuse drugs or alcohol. If enough evidence exists to prove you are a drug or alcohol addict, the board could revoke your license.
  • Practicing beyond the license optometrist’s license scope: Optometrists offer crucial care for patients with eye problems. However, as an optometrist, you should always provide services within your license’s scope. Offering services your license does not cover may result in severe effects for patients. When the board learns you practice beyond the scope of your license, it can impose severe disciplinary action.

Other grounds for disciplinary action include:

  • Unlicensed practice of optometry.
  • Unauthorized disclosure of patient information.
  • Misleading, deceptive, or false advertising.
  • Falsifying records.
  • Theft, fraud, or fiscal dishonesty.
  • Misrepresenting a license status.
  • Professional misconduct.

What Do Optometrists Do?

Optometrists are healthcare professionals specializing in eye and vision care. They conduct eye exams, diagnose and treat eye diseases, and prescribe corrective lenses. Their roles include:

  • Conducting visual tests. These professionals use different devices to identify eye-related diseases. They include glaucoma, myopia, macular degeneration, and other illnesses. If they detect irregularities, they can do more tests.
  • Prescribing medications. There are several treatments for eye problems. Optometrists prescribe appropriate medication to treat these diseases or alleviate symptoms. They can prescribe analgesics, antibiotics, and anti-inflammatory medicines.
  • Independent prescriptions. After receiving the required certifications and licensing, optometrists can prescribe any licensed eye medication except injectables.
  • Patient reviews and counseling. Optometrists counsel patients undergoing treatment and testing for various eye disorders. Their counseling enables the patient to comprehend the treatment procedures they are about to undergo, plus their expectations for treatment.
  • Research and training. Optometrists actively research eye disorders and other neurological defects.
  • Collaborating with other healthcare professionals. Optometrists' evaluations allow other medical personnel to conduct different treatments on patients.

The Disciplinary Process

The disciplinary process for an optometry license starts when the board receives a complaint against you. Once the board receives a complaint against you, it will review, analyze, and process it. This entails:

  • Checking the allegations the complaint mentions,
  • Determining whether they are factual and
  • Establishing the complaint’s jurisdiction.

The board conducts the review to prevent the waste of more resources and time on unfounded accusations. At this point, it may need to look into more evidence in favor of the allegations. If the complaint falls outside of the board's jurisdiction, the board will close it. The board also closes complaints that do not have grounds for discipline. Such complaints include those involving personal conflicts.

Once the board has reviewed the complaint and does not close the case, it will rigorously investigate the allegations. An investigation is done to determine whether the case has merits. It entails:

  • Collecting more evidence about the accusations.
  • Interviewing you and
  • Determining the timeline of the misconduct or violation.

After the investigation, the board might determine that the accusations are unsubstantiated. Or it may deduce that the allegations are valid and resolve what further steps to take. The board may decide to:

  • Close the case on the basis that it has no merit.
  • Close the case despite determining the complaint had merit.
  • Handle the case internally and issue a fine, citation, private reprimand, et cetera.
  • Refer the case to the Office of the Attorney General for a formal Accusation. The deputy attorney general will pursue a license denial if you are an applicant. The deputy attorney general will pursue license revocation or suspension if you are a licensee. Alternatively, they may seek to place your license on probation and impose several terms.

If the board refers your case to the attorney general’s office, the deputy attorney will initiate formal proceedings. This entails filing a formal Accusation if you are a licensee or a Statement of Issues if you are an applicant. The deputy attorney general will then send you a notice of accusation or notice of statement of issues, whichever applies. This notice is often sent together with a Notice of Hearing.

You must file a Notice of Defense in response to the deputy attorney’s notice within 15 days. Failure to do so will result in a default disciplinary decision against your professional license by the board. However, you will be scheduled for an administrative hearing if you file your response. This hearing will occur in one of California's Offices of Administrative Hearings (OAH), and an administrative law judge (ALJ) will preside.

During this hearing, you will have the right to submit evidence and cross-examine board witnesses. Also, you can request discovery for the evidence the board means to present against you. Doing so will assist you in building a compelling defense strategy. The ALJ will rule on the case after you and the deputy attorney general present your cases.

If the ALJ rules that you committed a violation, they will write to the board recommending the disciplinary action it should impose. The board can adopt these recommendations and impose the mentioned discipline. It can also adjust or disregard them altogether and impose its own discipline.

In determining what discipline to impose, the board considers mitigating and aggravating factors in your case. Aggravating factors considered include:

  • The patient suffered an injury.
  • History of past disciplinary action.
  • Violation of employer's or patient’s trust through acts like embezzlement or fraud.
  • Actions that placed the patient's safety, health, and trust in jeopardy.
  • A violation of probation terms.
  • Not remorseful about your actions.
  • Having a past violation on your record, thus indicating that this is a pattern of behavior.

If aggravating factors are present in your case, the board will order harsher disciplinary action. Fortunately, your lawyer can help you mitigate these factors. Some of the mitigating factors the attorney can present include:

  • You admitted or recognized your wrongdoing.
  • Proving that the violation will unlikely reoccur.
  • Evidence of rehab.
  • Your cooperation during the investigations.
  • A lack of past disciplinary action or criminal conviction.
  • A substantial period has elapsed since the conviction or violation gapped.

Disciplinary Actions The Board Can Impose

Based on the facts of your case, the board can impose these disciplinary actions against you:

  • Fines and Citation. The board can impose a citation or fine if you committed a minor violation. The steepness of the fine will be based on the type of violation and its effect on the public. The board may also seek to recover investigation costs.
  • License revocation: the board revoking your license is the most severe disciplinary action you can be subject to. The board often imposes this punishment on licensees who commit severe violations. Revocation can also be imposed on license holders who have not shown any signs of rehab from previous misconduct. You will no longer practice optometry if the board revokes your license.
  • License suspension. If your violence is not too severe to justify a revocation, the board may suspend your professional license. The suspension may last up to five years, based on how severe the violation is. Once the period elapses, you can go back to practicing optometry. The board will not automatically reinstate your license after the suspension period elapses. You must request reinstatement and present evidence of rehab.
  • License probation. The board can place your license on probation. Probation can apply to violations of incompetence, drug abuse, and negligence. Even though dismissal is the most favorable outcome of board investigations, probation can be the best in certain situations as you will continue to practice. Your license could be on probation for three years, and you must comply with certain conditions.
  • Public reprimand: This is also called a reproval letter. The board imposes this discipline for minor violations. It is a favorable disciplinary action as it does not go on public record. Your license will also not be restricted.
  • License denial: If you are a new applicant or seeking renewal, the board may deny your request if it finds you committed a violation.

Find a Skilled Optometry License Defense Lawyer Near Me

As a practicing optometrist, your license is your livelihood. Thus, do not let a minor mistake jeopardize it. You should treat an investigation by the California State Board of Optometry very seriously and consult an experienced optometry license defense lawyer. At San Luis Obispo License Attorney, we are ready to assist you in successfully navigating the board investigation and the disciplinary process. We are available round the clock at 805-465-2766. Call us for a free case evaluation and consultation, and learn about our defense strategy.