2005 Idaho Code - 54-1510 — REVOCATION OF LICENSES -- GROUNDS

                                  TITLE  54
                    PROFESSIONS, VOCATIONS, AND BUSINESSES
                                  CHAPTER 15
                                 OPTOMETRISTS
    54-1510.  REVOCATION OF LICENSES -- GROUNDS. Every license issued under
the provisions of this chapter shall be subject to suspension, revocation or
other discipline upon any of the following grounds pursuant to the procedures
set forth in chapter 52, title 67, Idaho Code. All hearings conducted pursuant
to this section, whether before the board or a hearing officer, shall be held
in Ada county unless otherwise designated by the board.
    1.  Fraud or deception in procuring license.
    2.  Practicing optometry under a false or assumed name or as a
representative or agent of any person, firm or corporation other than another
licensed optometrist, a physician licensed to practice medicine and surgery
under chapter 18, title 54, Idaho Code, or a professional service corporation,
which has been incorporated under the authority of chapter 13, title 30, Idaho
Code, by persons licensed to practice optometry under chapter 15, title 54,
Idaho Code, or licensed to practice medicine and surgery under chapter 18,
title 54, Idaho Code.
    3.  Having been convicted or having received a withheld judgment or
suspended sentence in this or any other state of a felony, a crime involving
moral turpitude, or any act related to the qualifications, functions or duties
of an optometrist.
    4.  Gross incompetency.
    5.  Inability to practice optometry with reasonable skill and safety by
reason of:
    (a)  Mental illness; or
    (b)  Physical illness including, but not limited to, physical
    deterioration which adversely affects cognitive, motor or perceptive
    skills; or
    (c)  Habitual or excessive use or abuse of drugs defined in law as
    controlled substances, alcohol, or any other substances which impair
    ability; or
    (d)  Having a communicable, contagious or infectious disease which
    endangers the health of patients.
    6.  Failure to pay to the board or the bureau of occupational licenses
annual fee and to secure renewal license, whereupon after twenty (20) days'
notice by registered mail the license of such delinquent may be revoked; but
the payment of such fee at or before the time of hearing, with such additional
sum, not exceeding twenty-five dollars ($25.00) as may be fixed by the board
of optometry, shall excuse the default.
    7.  Any practice or behavior of a character likely to deceive or defraud
the public.
    8.  Obtaining of any fee or compensation by fraud, deceit or
misrepresentation.
    9.  Employing, either directly or indirectly, any suspended or unlicensed
optometrist to do optometric work.
    10. Advertising the practice of optometry in a false, misleading or
deceptive manner.
    11. Employment or use of what are known as "cappers" or "steerers."
    12. Consistently accepting referrals that violate the laws of the state of
Idaho.
    13. For wilfully permitting or allowing or causing a person who is not a
licensed optometrist or a licensed physician or surgeon to use the
optometrist's prescription or optometric finding to fit contact lenses upon a
person or member of the public, or supply contact lenses directly to a member
of the public.
    14. For violation of any of the provisions of this act or the rules or
code of ethics made and promulgated by the state board of optometry, as
authorized in section 54-1509, Idaho Code.
    15. For wilfully attempting to violate, directly or indirectly, conspiring
to violate, or assisting or participating in or abetting the violation of any
of the provisions of this act or the rules or code of ethics made, prescribed
or promulgated by the state board of optometry pursuant to the authority
granted in this act.
    16. Having engaged in any conduct which constitutes an abuse or
exploitation of a patient arising out of the trust and confidence placed in
the licensee by the patient.
    17. Having committed any act which constitutes a felony or has committed
any act which constitutes a crime involving moral turpitude.