Code of Massachusetts Regulations › 246 CMR - BOARD OF REGISTRATION IN OPTOMETRY › Title 246 CMR 3.00 - PRACTICE OF OPTOMETRY; DISCIPLINARY ACTIONS › Section 3.15 - Grounds for Disciplinary Action

Current through Register 1525, July 5, 2024
(1) The Board may, by majority vote after a
			 hearing conducted in accordance with M.G.L. c. 30A and
			 801 CMR 1.00:
Standard
			 Adjudicatory Rules of Practice and Procedure
, take disciplinary action
			 against any Optometrist who holds a License issued by the Board pursuant to
			 246 CMR 2.00:
Examination and Licensure; Certification for Use of Diagnostic and
			 Therapeutic Pharmaceutical Agents
. Grounds for such disciplinary
			 action shall include, but shall not be limited to:
(a) Engaging in, authorizing, or aiding or
			 abetting fraud, deceit, misrepresentation of material facts, the provision of
			 false or forged evidence, or bribery in connection with any application for any
			 License or certification which may be issued by the Board or in connection with
			 any application for reinstatement of a License or certification issued by the
			 Board;
(b) Violating any state,
			 federal, or local statute or law relating to the practice of Optometry, or any
			 rule or regulation adopted thereunder;
(c) Engaging in practice which is fraudulent
			 or beyond the authorized scope of practice for an Optometrist;
(d) Incompetence, negligence, or malpractice,
			 where such incompetence, negligence, or malpractice results in injury to a
			 patient or creates an unreasonable risk that a patient may be harmed. The use
			 of nontraditional treatment by itself shall not constitute unprofessional
			 conduct, provided that it does not result in injury to a patient or create an
			 unreasonable risk that a patient may be harmed;
(e) Practicing Optometry while the ability to
			 practice is impaired by alcohol, drugs, physical disability, or mental
			 instability;
(f) Being habitually
			 intoxicated by, or engaging in the current unlawful use of, alcohol, narcotics,
			 barbiturates, amphetamines, hallucinogens, or other drugs having similar
			 effects;
(g) Knowingly permitting,
			 aiding or abetting an unlicensed Person to perform activities requiring a
			 License for purposes of fraud, deception or personal gain, excluding activities
			 permissible under any provision of the laws of the Commonwealth relative to the
			 training of optometric providers in authorized health care institutions and
			 facilities;
(h) Having been
			 convicted of any criminal offense which reasonably calls into question his or
			 her fitness or ability to practice Optometry;
(i) Continuing to practice while his or her
			 registration is lapsed, suspended, or revoked;
(j) Failing to report suspected child abuse
			 or neglect as required by M.G.L. c. 119, § 51A;
(k) Suspension, revocation, or restriction of
			 the individual's license to practice any health care profession by competent
			 authority in any state, federal, or foreign jurisdiction, a certified copy of
			 the order, stipulation, or agreement being conclusive evidence of the
			 revocation, suspension, or restriction;
(l) Failure to cooperate with the Board by
			 not responding to subpoenas issued by the Board or its agent, whether or not
			 the recipient of the subpoena is the accused in the proceeding;
(m) Failure to comply with an order issued by
			 the Board or a consent agreement entered into with Board;
(n) Misrepresentation or fraud in any aspect
			 of the conduct of the business or practice of Optometry;
(o) Engaging in the practice of Optometry
			 involving contact with the public while suffering from a contagious or
			 infectious disease involving serious risk to public health;
(p) Promotion for personal gain of any
			 unnecessary or inefficacious drug, device, treatment, procedure, or service;
(q) Interference with an
			 investigation or disciplinary proceeding by willful misrepresentation of facts
			 before the Board or its authorized representative, or by the use of threats or
			 harassment against any patient or witness to prevent them from providing
			 evidence in a disciplinary proceeding or any other legal action, or by the use
			 of financial inducements to any patient or witness to prevent or attempt to
			 prevent him or her from providing evidence in a disciplinary
			 proceeding;
(r) Abuse of a client
			 or patient.