Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 105 - BOARD OF OPTOMETRY › Chapter 20 - REGULATIONS GOVERNING THE PRACTICE OF OPTOMETRY › Section 18VAC105-20-40 - Standards of conduct

Current through Register Vol. 40, No. 24, July 15, 2024
The board has the authority to refuse to issue or renew a
				  license, suspend, revoke, or otherwise discipline a licensee for a violation of
				  the following standards of conduct. A licensed optometrist shall:
1. Use in connection with the optometrist's
				name wherever it appears relating to the practice of optometry one of the
				following: the word "optometrist," the abbreviation "O.D.," or the words
				"doctor of optometry."
2. Notify
				the board of any disciplinary action taken by a regulatory body in another
				jurisdiction.
3. Post in an area of
				the optometric office that is conspicuous to the public, a chart or directory
				listing the names of all optometrists practicing at that particular
				location.
4. Maintain patient
				records, perform procedures or make recommendations during any eye examination,
				contact lens examination, or treatment as necessary to protect the health and
				welfare of the patient and consistent with requirements of
				18VAC105-20-45.
5. Notify patients in the event the practice
				is to be terminated or relocated, giving a reasonable time period within which
				the patient or an authorized representative can request in writing that the
				records or copies be sent to any other like-regulated provider of the patient's
				choice or destroyed in compliance with requirements of §
									54.1-2405
				of the Code of Virginia on the transfer of patient records in conjunction with
				closure, sale, or relocation of practice.
6. Ensure his access to the practice location
				during hours in which the practice is closed in order to be able to properly
				evaluate and treat a patient in an emergency.
7. Provide for continuity of care in the
				event of an absence from the practice or, in the event the optometrist chooses
				to terminate the practitioner-patient relationship or make his services
				unavailable, document notice to the patient that allows for a reasonable time
				to obtain the services of another practitioner.
8. Comply with the provisions of §
									32.1-127.1:03
				of the Code of Virginia related to the confidentiality and disclosure of
				patient records and related to the provision of patient records to another
				practitioner or to the patient or his personal representative.
9. Treat or prescribe based on a bona fide
				practitioner-patient relationship consistent with criteria set forth in §
									54.1-3303
				of the Code of Virginia. A licensee shall not prescribe a controlled substance
				to himself or a family member other than Schedule VI as defined in §
									54.1-3455 of the Code
				of Virginia. When treating or prescribing for self or family, the practitioner
				shall maintain a patient record documenting compliance with statutory criteria
				for a bona fide practitioner-patient relationship.
10. Comply with provisions of statute or
				regulation, state or federal, relating to the diversion, distribution,
				dispensing, prescribing, or administration of controlled substances as defined
				in §
									54.1-3401 of the Code
				of Virginia.
11. Not enter into a
				relationship with a patient that constitutes a professional boundary violation
				in which the practitioner uses his professional position to take advantage of
				the vulnerability of a patient or his family to include actions that result in
				personal gain at the expense of the patient, a nontherapeutic personal
				involvement, or sexual conduct with a patient. The determination of when a
				person is a patient is made on a case-by-case basis with consideration given to
				the nature, extent, and context of the professional relationship between the
				practitioner and the person. The fact that a person is not actively receiving
				treatment or professional services from a practitioner is not determinative of
				this issue. The consent to, initiation of, or participation in sexual behavior
				or involvement with a practitioner by a patient does not change the nature of
				the conduct nor negate the prohibition.
12. Cooperate with the board or its
				representatives in providing information or records as requested or required
				pursuant to an investigation or the enforcement of a statute or
				regulation.
13. Not violate or
				cooperate with others in violating any of the provisions of Chapters 1 (§
									54.1-100
				et seq.), 24 (§
									54.1-2400
				et seq.) or 32 (§
									54.1-3200 et seq.) of
				Title 54.1 of the Code of Virginia or regulations of the board.
Statutory Authority: §
											54.1-2400
					 of the Code of Virginia.