Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 92 - OPTOMETRISTS › Subchapter 11 - GROUNDS FOR REFUSAL TO ADMIT TO EXAMINATION, REFUSAL TO ISSUE LICENSE OR CERTIFICATE, REVOCATION, SUSPENSION, REFUSAL TO RENEW › Section 16-92-52 - Grounds for refusal to issue license or certificate, revocation, suspension, refusal to renew

Current through June, 2024
Failure of any licensee to comply with chapter
				  459,
				  HRS, or this chapter shall be grounds for the board to refuse to admit a person
				  to the examination, refuse to issue a license or certificate, suspend or revoke
				  a license or certificate, fine a licensee, or refuse to renew a license. In
				  addition, the following shall be grounds for the board to refuse to admit a
				  person to the examination, refuse to issue a license or certificate, suspend or
				  revoke a license or certificate, fine a licensee, or refuse to renew a
				  license:
(1) Presentation to the board
				of any certificate or testimony or information which was untrue in any material
				respect or illegally or fraudulently obtained, or when fraud or deceit has been
				practiced in obtaining any license or certificate under this chapter or in
				passing an examination;
(2) Conduct
				of a character likely to deceive or defraud the public, or habits of
				intemperance or drug addiction calculated to destroy the accuracy of the work
				of an optometrist, or professional misconduct, or gross carelessness or
				negligence, or manifest incapacity in the practice of optometry;
(3) Advertising by means of false and
				deceptive statements or by statements which tend to deceive or
				defraud;
(4) Directly or indirectly
				accepting or offering employment to practice optometry from, or to any person
				not having a valid, unrevoked, and unsuspended license or from any company or
				corporation, excepting health maintenance organizations;
(5) Soliciting or receiving, directly or
				indirectly, any price differential, rebate, refund, discount, commission,
				credit, kickback, or other allowance, whether in the form of money or
				otherwise, from a dispensing optician for or on account of referring or sending
				to the dispensing optician of any intended or prospective wearer or user of any
				article or appliance prepared or furnished by a dispensing optician, or for or
				on account of any service or article furnished by the dispensing optician to
				any intended or prospective wearer or user;
(6) Using any name in connection with the
				licensee's practice other than the name under which the licensee is licensed to
				practice, or using any advertising which fails to clearly identify the
				individual licensee or which is ambiguous or misleading as to the licensee's
				identity;
(7) Employing or
				utilizing any unlicensed individual to perform optometric services in
				connection with refraction or visual training without directly and personally
				supervising the individuals in the performance of the services;
(8) Utilizing pharmaceutical agents without
				first being certified by the board to do so, or utilizing pharmaceutical agents
				for purposes other than those as specified in chapter
				459,
				HRS;
(9) Failing to refer a patient
				to an appropriate licensed physician upon discovery, by history or examination,
				that the patient evidences an ocular abnormality or symptoms of systemic
				disease requiring further diagnosis and possible treatment by a licensed
				physician;
(10) Being convicted,
				whether by nolo contendere or otherwise, of a penal offense substantially
				related to the qualifications, functions or duties in the practice of optometry
				notwithstanding any statutory provision to the contrary; and
(11) Failing to report any disciplinary
				action taken against the licensee in another jurisdiction to the board within
				thirty days of the disciplinary action.