The Texas Optometry Board (the Board) licenses and regulates professionals in Texas. These agencies ensure that optometrists comply with state and federal rules and laws that govern their profession. As a result, disciplinary proceedings may result if someone alleges that you have violated a rule or law related to your profession. An optometrist license defense attorney can help if you are facing disciplinary proceedings. Contact the offices of Bertolino LLP at (512) 980-3751 or visit us online today to schedule an appointment.
Grounds for Discipline Against Optometrists
22 Tex. Admin. Code §277.12 provides the grounds for the Board to take disciplinary action against optometrists. These grounds include the following:
- Fraud, deceit, dishonesty, or misrepresentation in the practice of optometry or in seeking a license;
- Negligence that causes the lack of fitness or incompetence of the licensee;
- Conviction of a misdemeanor involving moral turpitude or a felony;
- Incapacity that prevents or could prevent the licensee from practicing with reasonable skill, competence, and safety to the public;
- Direct or indirect employment, hiring, procurement, or inducement of a person to practice without a license;
- Directly or indirectly aiding or abetting an unlicensed person to practice;
- Placement of one’s license at the disposal or service of an unlicensed person;
- Willful or repeated violations of the applicable rules and laws;
- Willful or repeated representations to the public that a licensee is authorized or competent to cure or treat an eye disease;
- Suspension or revocation of a license by a federal agency, if warranted;
- Deceit, fraud, or harm to the public;
- Gross incompetence in the practice of optometry or therapeutic optometry;
- A pattern of practice or other behavior demonstrating a willful provision of substandard care;
- An act of sexual abuse, misconduct, or exploitation with a patient or unethical or immoral abuse of the doctor-patient relationship;
- Prescribing, selling, administering, distributing, or giving a controlled substance or as an addictive or dangerous drug for other than an accepted diagnostic or therapeutic purpose;
- Failure to report to the Board the relocation of an office not later than the 30th day after the date of relocation, whether in or out of this state;
- Practice or attempted practice while under a license suspension;
- Violation of a state law or a rule of another licensing board; or
- Violation of the provisions of the Board’s disciplinary order or agreement.
Complaints Before the Texas Optometry Board
Under Tex. Admin. Code §277.1, anyone can file complaints against optometrists with the Board. Upon receipt, the Board will determine whether the complaint falls within its jurisdiction. If the complaint is non-jurisdictional, then the Board will refer the complaint to the appropriate agency, if applicable. If the complaint is jurisdictional, then the Board will decide whether the complaint merits the expertise of a licensee board member or concerns other matters.
Next, the Board classifies the complaint as High Priority or Normal Priority. The Board evaluates High Priority complaints for an emergency temporary license suspension, and they include:
- Professional misconduct
- Qualifications of applicants or licensees
- Unauthorized practice
- Other acts or the failure to act that potentially threatens public health
- A violation of the professional standard of care
The Board classifies the following as complaints of Normal Priority:
- Advertising violations
- Violations of state law or Board rules that result in economic harm
- Violations of state laws on notice that do not potentially threaten the public health
Board Disposition of Complaints
The Investigation-Enforcement Committee of the Board determines whether a violation of state law or Board rules has occurred, as well as the disposition of complaints that require the expertise of Board members. Potential disposition of complaints under 22 Tex. Admin. Code §277.1 includes:
- Dismissal of the complaint, with no further action taken;
- Conducting further investigation;
- Recommendation that the Board issue a remedial plan;
- Recommendation that the Board initiate formal disciplinary proceedings before the State Office of Administrative Hearings (SOAH) to consider disciplinary action, sanctions, administrative penalties, or issuance of cease and desist orders;
- Recommendation that the Board notify the attorney general or appropriate district attorney of unlicensed activity or other violations of law; or
- Forwarding the determination of findings to the Executive Director to issue a remedial plan or for assessment of administrative penalties.
On the other hand, if the complaint concerns a matter that does not involve patient care and does not require the expertise of Board members, Board staff can investigate the complaint. If the Executive Director, based on the investigation, determines that the complaint should not be dismissed or cannot reach an agreed settlement with the licensee, the complaint is forwarded to the Investigation-Enforcement Committee.
Disciplinary Proceedings Before the Board
Informal Conferences
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Tex. Admin. Code §277.2 states that before the Board issues any disciplinary sanctions against a licensee, they can attend an informal conference with TOB and show that they follow all laws and rules. The complainant may attend the informal conference and be heard.
The licensee must respond to the complaint in writing or in person at the informal conference. If the licensee fails to either respond or appear at the informal conference, the Board will deem the allegations true and issue a default order with the recommended sanction.
Administrative Hearings
If a licensee and the Board cannot resolve a complaint through the Informal Conference, the Board will refer the complaint to the State Office of Administrative Hearings (SOAH). SOAH will assign an Administrative Law Judge (ALJ) to hold an administrative hearing. Both sides to the dispute will have a chance to present evidence to support their position. Ultimately, the ALJ will recommend to the Board whether violations occurred and, if so, what sanctions are appropriate.
Sanctions in Board Disciplinary Proceedings
Potential sanctions in disciplinary proceedings before the Board may include revocation or suspension of a license, placement of a licensee with a suspended license on probation, imposition of a fine, imposition of a stipulation, limitation, or condition relating to continued practice, or a reprimand. A Board order may include conditioning continued practice on the licensee engaging in counseling or additional education.
We Are Here to Represent Your Interests Before the Texas Optometry Board
We know how much is at stake if you face a disciplinary complaint against your optometrist license. Meet with us to discuss your case and learn how we can help. You’ll meet with one of our experienced optometrist license defense attorneys to discuss the details of the allegations filed against you. If you have received a licensing complaint accusing you of misconduct or a rules violation, BERTOLINO LLP can help. Contact us today or call (512) 980-3751 and schedule a case evaluation.
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