Grounds for Disciplinary Action

(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; 3.15: continued (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. (2) For purposes of 246 CMR 3.16, the term "disciplinary action" shall include, but shall not be limited to: (a) denial, revocation or suspension of any License or certification which may lawfully be issued by the Board; (b) refusal to renew any such License or certification; issuance of a letter of censure; (c) issuance of a written reprimand; (d) placement of an Optometrist on probation; or (e) other such sanctions as provided for under M.G.L. c.112, §§ 66 through 73B or M.G.L. c. 112, § 61.