Grounds for Disciplinary Action

The Board may, by majority vote after a hearing conducted in accordance with M.G.L. c. 30A and 801 CMR 1.00 et. seq., take disciplinary action against any licensed dispensing optician or registered apprentice optician. 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 a full license as a licensed dispensing optician or for registration as an apprentice optician; (b) Violating any provision of any state or federal law or regulation relating to the authorized practice of opticianry, as defined in 235 CMR 2.04, or the performance of opticianry functions or services; (c) Engaging in willful and/or gross misconduct in the practice of his or her profession as a dispensing optician or apprentice optician; (d) Engaging in practice which is fraudulent or beyond the authorized scope of practice for the level of license or registration held by the respondent; (e) Practicing with gross incompetence or gross negligence on a particular occasion, or with negligence on repeated occasions; (f) Practicing while his or her ability to practice is impaired by physical disability, or while he or she has been adjudged mentally ill or mentally incompetent by a court of competent jurisdiction; (g) Engaging in the current, unlawful use of, alcohol, narcotics, barbiturates, amphetamines, hallucinogens or other drugs having similar effects to an extent which impairs his or her ability to practice; (h) Knowingly permitting, or aiding or abetting, an unlicensed person to perform activities which require a license for purposes of fraud, deception or personal gain; (i) Having been convicted of any criminal offense which involves moral turpitude or which reasonably calls into question his or her fitness or ability to practice as a licensed dispensing optician or apprentice optician; (j) Having been denied or refused issuance of any license to practice as a dispensingopticianor apprentice optician by the applicable governmental licensing authority of another state, territory or political subdivision of the United States (including but not limited to the District of Columbia or the Commonwealth of Puerto Rico); (k) Having any license to practice as a dispensing optician or apprentice optician issued by the applicable governmental licensing authority of another state, territory or political subdivision of the United States (including but not limited to the District of Columbia or the Commonwealth of Puerto Rico) suspended, revoked, placed on probation, or otherwise subjected to disciplinaryaction, as defined elsewhere in this section; (l) Violating any provision of M.G.L. c. 112, §§ 73C through 73L or any chapter or section of 235 CMR 2.00 through 5.00. 5.08: continued For purposes of 235 CMR 5.08, the term "disciplinary action" shall include, but shall not be limited to: denial, revocation or suspension of a full license or provisional license; refusal to renew a full license or provisional license; issuance of a letter of censure; issuance of a written reprimand; or placement of a licensee on probation. 5:09: Requirement to Cooperate with the Board (1) A licensee shall respond within 30 days to a written communication from the Board or its designee and shall make available to the Board any relevant and authorized records with respect to an inquiry or complaint about the licensee’sprofessional conduct. The 30-day period commences on the date the Board sends the communication by registered or certified mail with return receipt requested to the licensee’s last known address. (2) A licensee shallcooperate withanyreasonable request from a Division agent or employee acting on behalf of the Board while investigatinga complaint or allegation regarding the licensee’s professional conduct as a Dispensing Optician. NON-TEXT PAGE