Optometrists play a critical role in the medical field, working with other professionals to diagnose and manage vision problems. The California State Board of Optometry regulates the practice and conduct of optometrists. The main goal of the CSBO is to protect consumers' health and financial well-being from misconduct by licensed professionals.

If you commit a violation or fail to act by the regulations of the CSOB, you can be reported for a violation. This will result in an investigation and potential discipline against you. When a complaint is filed against you, you will be notified and have a chance to defend your license.

The thought of losing your license and the career you have worked hard to build can be nerve-wracking. At Kern County License Attorney, we will offer the legal guidance and representation you need to defend your optometry license in Kern County, CA.

The Critical Role of Optometrists

An optometrist is a highly trained professional who works with other healthcare professionals to diagnose and treat vision disorders. Optometrists often undergo specialized education and training before receiving the license to practice in the field. The roles of optometrists include:

  • Manage, correct, and treat visual disorders.
  • Detects and manages vision-related conditions.
  • Diagnose and treat perceptual and binocular vision disorders.
  • Prescribe oral and topical medications for eye care.
  • Removal of foreign objects from the eye
  • Management of diabetic retinopathy, macular degeneration, and glaucoma

California State Board of Optometry (CSBO)

The CSBO is a part of the Consumer Protection Board and oversees optometry practice in California. This board's primary goal is to protect clients seeking optometry services from misconduct that could cause injury or financial losses. The role of the California State Optometry Board includes:

Prescribe Qualifications for Optometrists and Licensing

The CSBO has a list of requirements you need to meet to become an optometrist in California. This includes education and training. After you have completed the relevant training, you can apply for a license. The Board will administer a license examination in which you are issued an optometry license upon passing.

Set Regulations for Licensed Professionals

Another role of the CSBO is to set standards of practice for licensed professionals. This involves rules on what is professionally and ethically acceptable for professionals while they offer their services to the public.

Investigate Violations and Impose Punishment.

Violations committed by licensed optometrists are reported to the California State Board of Optometry. The board will perform further investigations regarding the alleged violation and hold an administrative hearing. The board will impose appropriate disciplinary action against your license if you are found liable for the misconduct.

License Reinstatement

If your optometry license is suspended or revoked for a violation, the board will recommend the right course of action you need to take before license reinstatement. This could include rehabilitation and continued education. After meeting the requirements, you can petition the CSBO to reinstate your license.

Violations Committed by Licensed Optometrists in California

The violations committed by licensed optometrists are often related to the regulations and standards set by the CSBO or violations of California criminal law. You can be reported to the board for conduct such as:

  • Incompetent. Optometrists who constantly engage in acts like misdiagnosis, overprescription, and failure to care for patients properly risk losing their licenses.
  • Insurance fraud. Sometimes, the role of an optometrist could include billing patients for the services provided. Committing or attempting to commit healthcare insurance fraud could land you in trouble with the CSBO.
  • Substance. Although the choice to use drugs or alcohol is personal, being addicted to these substances could result in the loss of your license. This could be the case, especially in instances where attending to patients while intoxicated or your substance abuse impacts your ability to offer effective services.
  • Criminal convictions. Your optometry license could be under investigation if you are arrested and charged with a criminal offense in California. Offenses that can result in severe licensing discipline include DUI (VC 23152), robbery (PC 211), child abuse (PC 273), and possession of a controlled substance (HSC 11350).
  • Sexual misconduct. Your relationship with your patients must be strictly professional. Engaging in a sexual relationship with a patient is a severe violation that can cost you your license.

Optometry License Disciplinary Process in California

Due to the strict regulations set by the California State Board of Optometry, a complaint against you can quickly turn into disciplinary action that affects your career and livelihood. The disciplinary process against your optometry license will take the following steps:

Complaint

An investigation against your action begins when a complaint is filed against you with the CSBO. In this case, a complaint can be filed by a patient or the family of a patient who has suffered under your care, colleagues, or employer. The law enforcement department files the complaint in cases of criminal conviction.

After the complaint has been filed, the board will assess it to determine its basis and whether it falls within the CSBO's jurisdiction. If it does not, it will be transferred to the relevant department.

Investigation

An investigation will be conducted if the complaint against you is valid and falls under the CSBO’s jurisdiction. The investigation of a complaint begins with the appointment of an investigator to handle the case. An investigation involves:

  • Interviewing of witnesses, including the complainant
  • Reviewing evidence and documents relevant to the case
  • Checking through your criminal history

Consent Decree

You have a right to be notified of a complaint and investigation against you. When you receive a notice of investigation, you will have up to fifteen days to respond. You can inform the board of your intentions to fight the allegations in the response.

If, after the investigation, the board finds sufficient evidence to prove that you committed the alleged violations, a consent decree or stipulated agreement will be offered. A consent decree is where you accept the liability, misconduct, or violation instead of undergoing a formal hearing.

In this case, you will accept the disciplinary action that the CSBO chooses to impose. Although this removes your right to fight the allegations, you can negotiate a less severe disciplinary action that will not include losing your license.

Formal Hearing

If insufficient evidence warrants a consent decree or you decline the offer, your case will proceed to a formal trial. Before you attend the formal hearing, you have a right to discovery. At this stage of the disciplinary case, you can learn about the evidence the board seeks to present against you. Under California GC 11507.6, you can obtain the contact information, including the addresses of the witnesses that the board aims to present.

After the allegations against you are presented, you are entitled to present your defense. This includes cross-examination of the board’s witnesses and presenting your witnesses. The Administrative Law Judge will assess the evidence presented by both sides of the case and make a ruling within thirty days of the hearing.

Final Decision

The ALJ's decision in your case is not final. Under GC 11517 (c) (2), the board members can modify, accept, or reject it.

Appeal

If you are not satisfied with the decision made by the board after your administrative hearing, you can file an appeal. You will have up to thirty days after the decision is issued to file an appeal. When your appeal is received, the board will hold a closed-door meeting to determine whether you deserve to have your case reviewed.

Optometry License Discipline

If you are found to have committed the violations for which you were reported, the board will impose appropriate disciplinary action against you. The board considers the following factors when determining the right discipline:

  • The nature and seriousness of your violations
  • The time that has passed since you committed the violation
  • The potential or actual harm you caused to your clients
  • Presence of aggravating or mitigating evidence in your case
  • The number of violations for which you were cited
  • Your criminal history
  • Presence of prior disciplinary action on your record

Common forms of discipline that the CSBO can impose include:

  • Reprimand. A reprimand is a less serious punishment imposed for professionals found liable for minor offenses. A reprimand is a warning to avoid similar conduct and does not impact your ability to practice as an optometrist.
  • License probation. When your license is placed on probation by the CSBO, you can continue to offer optometry services. However, you will be under strict supervision. The board will impose conditions that you must follow during professional probation.
  • Administrative fines. If you engage in a violation that results in financial loss to another person, the board can order you to pay fines ranging from $500 to tens of thousands of dollars.
  • License suspension. Having your license suspended means you cannot practice optometry during the suspension period. The length of your license suspension will vary depending on the nature of your violations. After the suspension period has ended, you could petition the board to reinstate your license.
  • License Revocation. A license revocation is the most severe form of disciplinary action the CSBO can impose against your license. Often, this could mean an end to your career. License revocation is imposed on professionals with a long rap sheet of violations or one facing allegation for severe violations.

Optometry License Reinstatement in California

A suspension of your optometry license by the CSBO does not mean the end of your career. Although you will not be allowed to practice during the suspension period, you can have the license reinstated when this period elapses. The process of reinstating your optometry license takes the following steps:

Meet the Eligibility Criteria

Before you file a petition to reinstate your professional license in California, you must ensure that you meet the following criteria:

  • You have completed your suspension. Your optometry license could be suspended for up to five years, depending on the nature and severity of your violation. You will be eligible for a license reinstatement if the suspension period has ended.
  • You should not be serving a sentence for a criminal offense. You cannot petition the CSOB to reinstate your optometry license if you are serving a sentence or are on probation for a criminal offense.

File a Petition

After determining that you meet the above eligibility criteria, you can file a reinstatement petition with the CSOB. To do so, you will download the petition forms from the CSOB website, complete them, and send them to the board.

You can add more weight to your petition by attaching evidence of rehabilitation and continued education. Additionally, you can submit character testimony letters to your intuition.

Attend the Reinstatement Hearing

The CSBO will hold a license reinstatement hearing where you and our attorney can convince the board to reinstate your license. The main purpose of this hearing is to show the board that you have been rehabilitated from the conduct that resulted in the license suspension.

A license reinstatement hearing is less formal than a disciplinary hearing. In addition to proving that you have been rehabilitated, the court will need an explanation of how you earned a living while your license was suspended.

The Boards Decision

After giving your testimony at the reinstatement hearing, you can wait for the board to decide on your license reinstatement, which is done within forty-five days of the hearing. If your petition is granted, you can continue to practice as an optometrist in California.

Find a Competent License Defense Lawyer Near Me

Obtaining an optometry license takes years of dedication to your studies and financial investment. Unfortunately, the effort could go down the drain if your license is suspended or revoked by the California State Board of Optometry. As a licensed optometrist, you must adhere to a specific code of conduct in your practice.

If you are cited for violations like professional conduct, drug dependency, criminal conviction, or practicing without a license, you can face an investigation by the CSBO. If you are found to have committed the alleged violations, you can face disciplinary action ranging from reprimand to suspension or revocation of your professional license.

You can avoid disciplinary action by hiring a skilled attorney to guide you through the disciplinary process. At Kern County License Attorney, we offer expert legal insight for our clients battling professional license discipline in Kern County, CA. Contact us at 805-702-8560 to discuss your case.