Oklahoma § 59-585 - Revocation or suspension of certificate - Grounds Unprofessional and unethical conduct defined - Practice under own

§ 59-585. Revocation or suspension of certificate - Grounds Unprofessional and unethical conduct defined - Practice under own

name - Notice and hearing of revocation or suspension - Reissuance

of certificate - Out-of-state revocation or suspension.

A. The Board of Examiners in Optometry shall have the power to

revoke or suspend any certificate granted by it pursuant to the

provisions of this chapter, for fraud, conviction of crime,

unprofessional and unethical conduct, alcohol or narcotic

impairment, exorbitant charges, false representation of goods, gross

incompetency, contagious disease, any violation of any rule or

Oklahoma Statutes - Title 59. Professions and Occupations

regulation promulgated by the Board pursuant to the provisions of

this chapter or any violation of this chapter. The following acts

shall be deemed by the Board as unprofessional and unethical

conduct:

1. Employment by an Oklahoma-licensed optometrist of any person

to solicit from house to house the sale of lenses, frames,

spectacles, or optometric services or examinations;

2. Selling, advertising, or soliciting the sale of spectacles,

eyeglasses, lenses, frames, mountings, eye examinations, or

optometric services by house-to-house canvassing either in person or

through solicitors;

3. Acceptance of employment, either directly or indirectly, by

an Oklahoma-licensed optometrist from an unlicensed optometrist or

person engaged in any profession or business or owning or operating

any profession or business to assist it, him or her, or them in

practicing optometry in this state; provided that renting a separate

area or room within or adjacent to a retail store pursuant to

Section 944 of this title shall not be considered as direct or

indirect employment, but any signage and advertisement of the

optometric practice shall conform with Section 943.1 of this title;

4. Publishing or displaying, or knowingly causing or permitting

to be published or displayed by newspaper, radio, television, window

display, poster, sign, billboard, or any other advertising media any

statement or advertisement of any price or fee offered or charged by

an optometrist for any optometric services or materials including

lenses, frames, eyeglasses, or spectacles or parts thereof,

including statements or advertisements of discount, premium, or

gifts, if the statements or advertisements are fraudulent,

deceitful, misleading or in any manner whatsoever tend to create a

misleading impression or are likely to mislead or deceive because in

context the statements or advertisements make only a partial

disclosure of relevant facts;

5. Practicing optometry under any name other than the proper

name of the person, which shall be the same name as used in the

license issued by the Board to the person; provided that renting a

separate area or room and practicing optometry within or adjacent to

a retail store pursuant to Section 944 of this title shall not be

considered a violation of this section; and

6. Prescribing, dispensing or administering opioid drugs in

excess of the maximum limits authorized in Section 2-309I of Title

63 of the Oklahoma Statutes.

B. Before any certificate is revoked or suspended, the holder

thereof shall be provided with notice and hearing as provided for in

the Administrative Procedures Act, Sections 301 through 326 of Title

75 of the Oklahoma Statutes. The Board, after the expiration of the

period of three (3) months after the date of the revocation, may

entertain application for the reissuance of the revoked certificate

Oklahoma Statutes - Title 59. Professions and Occupations

and may reissue the certificate upon payment of a reinstatement fee

not to exceed three times the annual renewal fee. The Board shall

have the right to promulgate such rules and regulations as may be

necessary to put into effect the provisions of this chapter. The

rules may prescribe which acts are detrimental to the general public

health or welfare and may prescribe a minimum standard of

sanitation, hygiene, and professional surroundings, and which acts

constitute unprofessional or unethical conduct. The conduct shall

be grounds for revocation or suspension of the license or

certificate issued pursuant to the provisions of Section 584 of this

title.

C. If an out-of-state license or certificate of an optometrist

who also holds an Oklahoma license or certificate is suspended or

revoked for any reason, the optometrist's Oklahoma license may come

under review by the Board. Should the out-of-state suspension or

revocation be on grounds the same or similar to grounds for

suspension or revocation in Oklahoma, the Board, after notice and

hearing pursuant to the provisions of this section, may suspend or

revoke the certificate of the optometrist to practice in Oklahoma.

D. The following acts shall not be deemed by the Board as

unprofessional and unethical conduct:

1. An optometrist practicing optometry within or adjacent to a

retail store pursuant to Section 944 of this title, regardless of

whether the retail store derives income from the sale of

prescription optical goods and materials; and

2. An optometrist renting a separate area or room within a

retail store pursuant to Section 944 of this title to practice

optometry.

Added by Laws 1927, c. 80, p. 120, § 5, emerg. eff. March 22, 1927.

Amended by Laws 1937, p. 96, § 3, emerg. eff. April 2, 1937; Laws

1978, c. 37, § 1; Laws 1983, c. 14, § 1, emerg. eff. March 25, 1983;

Laws 2019, c. 427, § 1, eff. Nov. 1, 2019; Laws 2020, c. 161, § 40,

emerg. eff. May 21, 2020.

NOTE: Laws 2019, c. 428, § 10 repealed by Laws 2020, c. 161, § 41,

emerg. eff. May 21, 2020.