SECTION 505:10-5-13. Acts constituting unprofessional conduct

(a)   Pursuant to 59 O.S. 1991, Section 585, the Board has authority to reprimand a licensee or to revoke or suspend a license to practice optometry for unprofessional or unethical conduct. The Board also has authority pursuant to this Section to enact rules stating what acts constitute unprofessional or unethical conduct.

(b)   It shall be unprofessional conduct for an Optometrist to:

(1)   Administer, dispense and/or prescribe dangerous drugs for purposes other than generally accepted treatment for the relief of ocular abnormalities.

(2)   Prescribe controlled dangerous substances to immediate family members.

(3)   Prescribe controlled dangerous substances for a period exceeding 7 days of supply and/or reissue refills without sufficient patient examination.

(4)   Sell samples of medication.

(5)   Indiscriminately or excessively prescribe, dispense or administer controlled dangerous substances.

(6)   Prescribe, dispense, or administer controlled dangerous substances in excess of the amount considered good optometric practice or prescribing, dispensing or administering controlled dangerous substances without medical need in accordance with published standards.

(7)   Habitually or excessively use any drug which impairs the ability to practice optometry with reasonable skill and safety to the patient.

(8)   Disburse or prescribe any controlled dangerous substance for optometric physician's personal use.

(9)   Dispense, prescribe or administer controlled dangerous substances without medical need.

(10)   Delegate authority to another person for the signing of prescriptions for either controlled dangerous substances or drugs.

(11)   Commit fraud or to misrepresent facts in applying for or procuring an optometric license or in connection with applying or procuring periodic re-registration of an optometric license.

(12)   Cheat on or attempt to subvert the optometric licensing examinations.

(13)   Be convicted of a felony or any offense involving moral turpitude whether or not related to the practice of optometry.

(14)   Be guilty of conduct likely to deceive, defraud or harm the public.

(15)   Make a false or misleading statement regarding skill or the efficacy or value of the medicine, treatment of remedy prescribed by an optometrist or at an optometrist 's direction in the treatment of any ocular abnormality.

(16)   Represent to the patient that an incurable condition, sickness, disease or injury can be cured.

(17)   Willfully or negligently violate the confidentiality between an optometric physician and patient to the detriment of a patient except as required by law.

(18)   Grossly or repeatedly commit negligence in the practice of optometry.

(19)   Be found mentally incompetent by any court of competent jurisdiction; involuntary commitment to a mental institution shall be considered prima facia evidence of inability of any optometrist to practice optometry until such optometrist satisfies the Board of his or her ability to safely practice optometry.

(20)   Be physically or mentally unable to practice optometry with reasonable skill and safety.

(21)   Practice or commit other behavior that demonstrates an incapacity or incompetence to practice optometry.

(22)   Use any false or fraudulent deceptive statement in any document connected with the practice of optometry.

(23)   Practice optometry under a false or assumed name.

(24)   Aid or abet the practice of optometry by an unlicensed, incompetent or impaired person.

(25)   Allow another person or organization to use an optometrist license to practice optometry.

(26)   Commit any act of sexual abuse, misconduct, or exploitation related to or unrelated to the licensee's practice of optometry.

(27)   Violate any state or federal regulation relating to controlled substances.

(28)   Obtain any fee by fraud, deceit or misrepresentation, including fees from Medicare, Medicaid, or insurance.

(29)   Have disciplinary action taken by another state or jurisdiction against a licensee to practice optometry based upon acts of conduct by the licensee similar to acts or conduct that would constitute grounds for action as defined by these files, with a certified copy of the record of the action taken by the other state or jurisdiction being conclusive evidence thereof.

(30)   Fail to report to the Board any adverse action taken against the optometrist by another licensing jurisdiction (United States or foreign), by any governmental agency, by any law enforcement agency, or conduct that would constitute grounds for action as defined in these rules.

(31)   Fail to report to the Board surrender of a license to practice optometry in another state or jurisdiction, or surrender of membership in any medical or professional association or society while under disciplinary investigation by any of those authorities or bodies for acts or conduct similar to acts of conduct that would constitute grounds for actions as defined in these rules.

(32)   Improperly manage optometric records.

(33)   Fail to furnish the Board, its investigators or representatives, information lawfully requested by the Board, or to fail to comply with an order of the Board.

(34)   Fail to cooperate with a lawful investigation conducted by the Board.

(35)   Be unable to practice optometry with reasonable skill and safety to patients by reason of age, illness, drunkenness, excessive use of drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition. To enforce this paragraph, the Board, may upon probable cause, request an optometric physician to submit to a mental or physical examination by physicians designated by it. If the optometrist refused to submit to the examination, the Board shall issue an order requiring the optometrist to show cause why he will not submit to the examination and shall schedule a hearing on the order within 30 days after notice is served on the optometrist. The optometrist shall be notified by either service or by certified mail with return receipt requested. At the hearing, the optometrist and his attorney are entitled to present any testimony and other evidence to show why the optometrist should not be required to submit to the examination. After a complete hearing, the Board shall issue an order either requiring the optometrist to submit to the examination or withdrawing the request for examination. The optometric license of the optometrist ordered to submit to examination may be suspended until the results of the examination are received and reviewed by the Board.

[Source: Amended at 11 Ok Reg 4733, eff 9-6-94 (emergency); Amended at 12 Ok Reg 1803, eff 6-12-95; Amended at 34 Ok Reg 1876, eff 9-11-17]