Board Complaint, CE Attestation, and an Unreported Conviction
An optometrist receives a certified letter from the Kansas Board of Examiners in Optometry. A former patient alleges that the optometrist failed to refer for a retinal detachment after seeing flashes and a new floater. The letter requires a written response within 20 days and asks for the complete record. The same week, the optometrist renews the license online and attests to 20 continuing education hours: 14 hours of clinical lectures, 2 hours of ethics, and 4 hours of practice-management webinars from a vendor not approved by the Board. Eight months earlier, the optometrist was convicted of a misdemeanor DUI. The optometrist has not reported the conviction. The record contains an addendum written two days after the patient's last visit that says "I told patient to return if worse," but the original note does not mention that instruction.
1. How should the optometrist respond to the Board letter and the record request?
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Respond in writing within the deadline, truthfully and completely. Provide the requested record, but do not alter it; the late addendum should be identified as a late entry with its date and author, not presented as part of the original note. Spoliation or alteration can aggravate discipline. The response should address the clinical facts, the referral decision, and any corrective action, without admitting or denying legal conclusions prematurely. Consult malpractice counsel and, if appropriate, notify the carrier. Cooperate with the investigation; failure to cooperate can itself be treated as a separate violation.
2. What are the continuing education and conviction-reporting issues?
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The 14 clinical and 2 ethics hours may count if Board-approved; the 4 practice-management webinars count only if the Board accepts that category and the vendor is approved. The optometrist must verify the rules rather than rely on the attestation. If hours are deficient, obtain qualifying CE and correct the renewal before the Board discovers it. The DUI conviction may trigger a self-reporting duty under Kansas law or Board rule, depending on the offense and timing; the optometrist should report promptly and not wait for the Board. Failure to report can be treated as separate misconduct, and a false CE attestation can compound the original complaint.