North Dakota Administrative Code › Title 56 - Optometry, Board of › Article 56-02 - Optometrist Licensure › Chapter 56-02-06 - Disciplinary Action - Procedure › Section 56-02-06-04 - Disciplinary grounds

Current through Supplement No. 393, July, 2024
Without limiting the disciplinary powers of the board or
				  grounds for discipline by the board, disciplinary action may be imposed against
				  an optometrist upon any of the following grounds:
1. The use of any false, fraudulent, or
				forged statement, document, or information or the use of any fraudulent,
				deceitful, dishonest, or immoral practice in connection with the application
				for issuance or renewal of a license.
2. Violating or attempting to violate,
				directly or indirectly, or assisting in or abetting in the violation of, or
				conspiring to violate any provision of the law or the rules adopted by the
				board.
3. The willful or grossly
				negligent failure to comply with the provisions of federal, state, or local
				laws, rules, or regulations governing the practice of the profession.
4. The making of false or
				misleading statements about the optometrist's skill or the efficacy of any
				medicine, treatment, or remedy.
5.
				The making of or filing a report or record which an optometrist knows to be
				false; intentionally or negligently failing to file a report or record required
				by federal or state law or rules; willfully impeding or obstructing such
				filing; or inducing another person to do so. Such reports or records include
				only those which the optometrist is required to make or file as a licensed
				optometrist.
6. The submission of
				fraudulent billing or reports to a third-party payer or obtaining any fee by
				fraud, deceit, or misrepresentation.
7. Failing to maintain a patient record and a
				billing record for each patient which accurately reflects the evaluation or
				treatment of the patient and the bills charged to the patient. Unless otherwise
				provided, all patient records must be retained for at least six years from the
				last contact with the patient.
8.
				Knowingly making or signing any false certificate or other document relating to
				the practice of optometric care which falsely represents the existence or
				nonexistence of a state of facts.
9. The performance of any dishonorable,
				unethical, or unprofessional conduct which has or is likely to deceive,
				defraud, or harm the public or endanger the public health, welfare, or safety.
10. Participation in any act of
				fraud or misrepresentation.
11.
				The publication or circulation of false, misleading, or otherwise deceptive
				statements concerning the practice of optometry.
12. The practice of optometry under a false
				name or under an unauthorized assumed name.
13. Conviction of a crime which is
				substantially related to the qualifications, functions, or duties of an
				optometrist.
14. Conviction of a
				felony or any offense involving moral turpitude, dishonesty, or corruption.
15. The commission of any act
				involving moral turpitude or dishonesty, whether the act is committed in the
				course of the individual's activities as an optometrist or otherwise.
16. The inability to practice
				optometry with reasonable skill and safety by reason of illness, use of drugs,
				narcotics, chemicals, or any other type of material, or as a result of any
				mental or physical condition.
17.
				The violation of any state or federal statute or regulation relating to
				controlled substances.
18. The
				unlawful prescription, sale, administration, distribution, or gift of any drug
				legally classified as a controlled substance or as an addictive or dangerous
				drug.
19. The lack of appropriate
				documentation in medical records for diagnosis, testing, and treatment of
				patients.
20. The failure to
				transfer medical records to another optometrist or to supply copies thereof to
				the patient or to the patient's representative when requested to do so in
				writing by the patient or the patient's designated representative. A reasonable
				charge for record copies may be assessed.
21. The willful or negligent violation of the
				confidentiality between doctor and patient, except as required by law.
22. A continued pattern of
				inappropriate care.
23. Gross
				negligence in the practice of optometry.
24. The administration of treatment or the
				use of diagnostic or therapeutic procedures which are clearly excessive
				according to customary practices and standards.
25. Aiding or abetting the practice of
				optometry by an unlicensed, incompetent, or impaired person or the failure to
				properly monitor an assistant.
26.
				Practicing or offering to practice beyond the scope permitted by law, or
				accepting and performing professional responsibilities which a licensee knows
				or has reason to know that the licensee is not competent to perform, or
				performing without adequate consultation professional services which a licensee
				is authorized to perform only in consultation with a licensed optometrist or
				medical doctor, except in an emergency situation where a person's life or
				health is in danger.
27. The
				representation to a patient that a manifestly incurable condition, sickness,
				disease, or injury can be cured.
28. Physical or verbal harassment, abuse,
				misconduct, or exploitation related to the licensee's practice of optometry.
29. The payment or receipt,
				directly or indirectly, of any fee, commission, rebate, or other compensation
				for optometric services not actually or personally rendered, or for patient
				referrals; this prohibition does not affect the lawful distributions of
				professional partnerships, corporations, limited liability companies, or
				associations.
30. The offering,
				delivering, receiving, or accepting of any rebate, refund, commission,
				preference, patronage, dividend, discount, or other consideration as
				compensation or inducement for referring patients to any person.
31. The employment or use of persons known as
				cappers or steerers to obtain business.
32. Participation in agreements or
				arrangements with any person, corporation, limited liability company,
				partnership, association, firm, or others involving rebates, kickbacks,
				fee-splitting, or special charges in exchange for professional optometric
				services, including the giving, selling, donating, or otherwise furnishing or
				transferring, or the offer to give, sell, donate, or otherwise furnish or
				transfer money, goods, or services free or below cost to any person as
				compensation or inducement for placement of business with that optometric
				office or optometrist.
33.
				Advertising or soliciting for patronage that is not in the public interest,
				which includes:
a. Advertising or soliciting
				which is false, fraudulent, deceptive, or misleading.
b. Advertising or soliciting which guarantees
				any service or result.
c.
				Advertising or soliciting which makes any claim relating to professional
				services or products or the cost or price thereof which cannot be substantiated
				by the licensee.
d. Advertising or
				soliciting which makes claims of professional superiority which cannot be
				substantiated by the licensee.