Grounds for Discipline, Complaint Handling, and Disciplinary Proceedings
Grounds
The board may discipline an optometrist for fraud or deceit in obtaining a license, incompetence or negligence in practice, unprofessional conduct, violation of the practice act or board rules, substance abuse impairing practice, failure to cooperate with an investigation, and conviction of certain crimes. Unprofessional conduct is broad and includes record falsification, improper prescribing, and abusive billing.
Complaint handling
Complaints may come from patients, other licensees, insurers, or the board's own review. Staff screen for jurisdiction and urgency, then investigate. The licensee is notified and given an opportunity to respond. If probable cause is found, the matter proceeds to a contested case. Minor matters may be resolved by a consent order or letter of concern.
Sanctions
Available sanctions include reprimand, probation with conditions, suspension, revocation, civil penalties, and required remedial education. The board considers aggravating and mitigating factors: harm to patients, prior discipline, cooperation, and remediation.
Worked example. An optometrist submits continuing education certificates for courses he did not attend. The board receives a tip from a provider. The investigator obtains registration records and finds no attendance. Because the conduct involves dishonesty, the board proposes suspension, a penalty, and a continuing education audit. The optometrist may contest the facts at hearing, but the falsified certificates are strong documentary evidence.
Traps. Assuming a dismissed malpractice suit automatically ends the board matter; ignoring a board inquiry, because failure to cooperate is itself a ground; treating a consent order as no discipline; believing HIPAA prevents responding to the board, which it does not.