HAR §16-92-46. Repealed

[R 5/19/89] SUBCHAPTER 10 PROFESSIONAL MISCONDUCT §16-92-49 Actions which constitute professional misconduct, gross carelessness or negligence, or manifest incapacity in the practice of optometry. Professional misconduct, gross carelessness or negligence, or manifest incapacity in the practice of optometry includes, but shall not be limited to, any of the following: (1) Fraudulent or deceptive procurement or use of a license or certificate; (2) Making or filing a false report or records in the practice of optometry, wilfully impeding or obstructing the proper making and filing of reports or records, or wilfully failing to file the proper report or record; 92-16 §16-92-52 (3) Exercising undue influence on a person using the licensee's services, or promoting the sale or use of services or goods in a manner which exploits a person for the financial gain of the practitioner or third party; (4) Failure to comply with provisions of federal law or state statute governing the practice of optometry; (5) Conviction of a crime related to the practice of optometry; (6) Failing to make available, upon request of a person using the licensee's services, or the person's designee, copies or summaries of documents in the possession and under the control of the licensee, when those documents have been prepared by the licensee relating to the licensee's services performed for the person; (7) Practicing optometry when medically unfit to do so; and (8) Malpractice, or an act or acts below the standard of care held by practitioners in the same community. [Eff and comp 10/31/86; comp 5/19/89; am and comp 4/21/97; am and comp 7/23/99; comp 6/3/02; comp 11/1/10] (Auth: HRS §459-4) (Imp: HRS §459-9) SUBCHAPTER 11 GROUNDS FOR REFUSAL TO ADMIT TO EXAMINATION, REFUSAL TO ISSUE LICENSE OR CERTIFICATE, REVOCATION, SUSPENSION, REFUSAL TO RENEW §16-92-52 Grounds for refusal to issue license or certificate, revocation, suspension, refusal to renew. 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; 92-17 §16-92-52 (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 92-18 §16-92-67 (11) Failing to report any disciplinary action taken against the licensee in another jurisdiction to the board within thirty days of the disciplinary action. [Eff and comp 10/31/86; am and comp 5/19/89; am and comp 4/21/97; am and comp 7/23/99; comp 6/3/02; comp 11/1/10] (Auth: HRS §459-4) (Imp: HRS §§459-1, 459-4, 459-9) SUBCHAPTER 12 TRADE NAMES