2005 West Virginia Code - §30-8-8. — Refusal to issue, suspension or revocation of certificate; false and deceptive advertising.

§30-8-8. Refusal to issue, suspension or revocation of certificate; false and deceptive advertising.

The board may either refuse to issue, or may refuse to renew, or may suspend or revoke any certificate of registration for any one, or any combination, of the following causes: Violation of a rule or regulation governing the ethical practice of optometry promulgated by the board under the authority granted by this article; conviction of a felony, as shown by a certified copy of the record of the court wherein such conviction was had; the obtaining of, or the attempt to obtain, a certificate of registration, or practice in the profession of optometry, or money, or any other thing of value, by fraudulent misrepresentation; gross malpractice; continued practice by a person knowingly having an infectious disease; alcohol or substance abuse; advertising, practicing, or attempting to practice under a name other than one's own; advertising by means of knowingly false or deceptive statements. All advertising, whether by means of newspapers, or in any manner, whatsoever, of the following statements, or statements of similar import, that are "false and deceptive" within the meaning of this law, shall be prohibited. False and deceptive advertising shall include, but not be limited to the following: (a) Advertising "free examination of eyes," or words of similar import and meaning; (b) advertising frames or mountings for glasses, contact lenses, or other optical devices which does not accurately describe the same in all its component parts.

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