CO Code § 12-275-122 (2021)
2021 Colorado Code|Title 12 - Professions and Occupations|Article 275 - Optometrists|§ 12-275-122. Discipline - Procedure - Professional Review - Immunity - Reconsideration and Review of Action by Board - Rules

     With respect to licenses issued pursuant to this article 275, the board may:   Impose probation, with or without supervision, on a licensee, or take disciplinary or other action as authorized in section 12-20-404, for any reason stated in section 12-275-120 or for violating any term of probation of the board;    Summarily suspend a license upon the failure of the licensee to comply with any condition of a stipulation or order imposed by the board until the licensee complies with the condition, unless compliance is beyond the control of the licensee; and    Impose a fine not to exceed five thousand dollars on a licensee for a violation of this article 275 or a rule promulgated pursuant to this article 275 other than a violation related to a standard of practice. The board shall, by rule, promulgate a fining schedule with lesser amounts for first violations and increasing amounts for subsequent violations of this subsection (1)(a)(III).       Upon its own motion or upon a signed complaint, an investigation may be made if there is reasonable cause to believe that an optometrist licensed by the board has committed an act of unprofessional conduct pursuant to section 12-275-120 or, while under probation, has violated the terms of the probation.    If a licensee requests a hearing to dispute formal board action or if the board finds such probability great and a hearing is conducted, the hearing shall be conducted in accordance with the provisions of sections 12-20-403 and 24-4-105.    The board may revoke, suspend, deny, issue, reissue, or reinstate licenses granted pursuant to this article 275 or under the previous laws of this state, and the board may take other intermediate action deemed necessary under the circumstances of each case pursuant to this section.       Section 12-20-408 governs judicial review of an action of the board in refusing to grant or renew, revoking, or suspending a license, issuing a letter of admonition, or placing a licensee on probation or under supervision pursuant to subsection (1)(a)(I) of this section.    The board may send a letter of admonition by certified mail to a licensee under the circumstances specified in and in accordance with section 12-20-404 (4).    The board may send a confidential letter of concern to a licensee under the circumstances specified in section 12-20-404 (5).    In addition to the persons specified in section 12-20-402, any member of a professional review committee authorized by the board, any member of the committee's staff, and any person acting as a witness or consultant to the committee is granted the same immunity, and is subject to the same conditions for immunity, as specified in section 12-20-402.      The board, on its own motion or upon application, at any time after the refusal to grant a license, the imposition of any discipline, or the ordering of probation, as provided in this section and section 12-20-404, may reconsider its prior action and grant, reinstate, or restore the license, terminate probation, or reduce the severity of its prior disciplinary action. The taking of any further action, or the holding of a hearing with respect thereto, rests in the sole discretion of the board.    Upon the receipt of the application, it may be forwarded to the attorney general for such investigation as may be deemed necessary. The proceedings shall be governed by the applicable provisions governing formal hearings in disciplinary proceedings. The attorney general may present evidence bearing upon the matters in issue, and the burden shall be upon the applicant seeking reinstatement to establish the averments of the application as specified in section 24-4-105 (7). No application for reinstatement or for modification of a prior order shall be accepted unless the applicant deposits with the board all amounts unpaid under any prior order of the board.       Upon dismissal of a complaint that has gone to hearing, the board shall notify the complainant that he or she may receive a copy of the investigation report and the response of the optometrist or other person alleged to have violated the act upon payment of costs of copying and mailing such information.    The board may issue cease-and-desist orders under the circumstances and in accordance with the procedures specified in section 12-20-405.      History. Source: L. 2019: Entire title R&RE with relocations,(HB 19-1172), ch. 136, p. 1425, § 1, effective October 1.    Editor's note:   This section is similar to former § 12-40-119 as it existed prior to 2019.   ANNOTATION   Annotator's note. The following annotations include cases decided under former provisions similar to this section.   The contention of counsel for the optometrist that the terms, “immoral”, “unprofessional”, and “dishonorable” are so vague and indefinite as to unconstitutionally deprive the holder of a license of his right to be fully apprised of charges against him, is without merit. Cardamon v. State Bd. of Optometric Colo., 165 Colo. 520 , 441 P.2d 25 (1968).   Double notice not required. In a proceeding to revoke an optometrist's license, neither due process considerations nor the statute require double notice that license revocation proceedings have been initiated, as well as a separate notice of the hearing itself. Dixon v. State Bd. of Optometric Colo., 39 Colo. App. 200, 565 P.2d 960 (1977).   Revocation was not excessive penalty. Where a licensed optometrist permitted two unlicensed employees to practice optometry, the penalty of revocation of his license was not excessive, even though there was no proof that his actions resulted in injury to patients and there was no evidence from which it might be inferred that he was incompetent to practice optometry. Dixon v. State Bd. of Optometric Colo., 39 Colo. App. 200, 565 P.2d 960 (1977).   The supreme court could not say as a matter of law that there was an abuse of discretion by the board in revoking a license under the uncontradicted evidence of immoral and unprofessional conduct. Cardamon v. State Bd. of Optometric Colo., 165 Colo. 520 , 441 P.2d 25 (1968).   Applied in People v. Lee Optical Co., 168 Colo. 345 , 452 P.2d 21 (1969).