32-1743. Grounds for censure, civil penalty, probation, suspension, revocation, denial or renewal of license, certificate or registration

A. After notice and a hearing the board in its discretion may censure, impose a civil penalty, prescribe probation, suspend or revoke the license of a doctor of optometry or refuse to issue or renew a license, certificate or registration for any of the following reasons:

1. Being convicted of a felony or any offense involving moral turpitude.

2. Procuring or attempting to procure a license to practice optometry or a certificate to use pharmaceutical agents by fraud, deceit, misrepresentation or knowingly taking advantage of the mistake of another person or agency.

3. Committing conduct likely to deceive or defraud the public.

4. Committing unprofessional conduct.

5. Employing a solicitor to solicit business or soliciting from house to house or person to person.

6. Obtaining a fee or compensation by fraud or misrepresentation.

7. Employing a person to engage in the practice of the profession of optometry who does not hold a license to practice the profession of optometry in this state.

8. Using any device to evade or defeat the provisions of this chapter, such as a profit sharing plan or partnership with a person not licensed to practice the profession of optometry in this state.

9. Committing the practice of the profession of optometry under a false or assumed name.

10. Violating any provision of this chapter or any board order.

11. Violating any of the rules adopted by the board pursuant to this chapter.

12. Violating any statutes, laws or rules regulating the practice of optometry in this state or any other jurisdiction in the United States.

13. Providing any controlled substance or pharmaceutical agent that is not authorized by this chapter or providing any controlled substance or prescription-only drug for other than accepted therapeutic purposes for diagnosis and treatment of conditions of the human eye and its adnexa.

14. Dispensing a schedule II controlled substance that is an opioid.

15. Committing gross malpractice or repeated acts constituting malpractice.

16. Failing to maintain or submit records as required by this chapter.

B. To determine the appropriate disciplinary action pursuant to this section, the board may consider any previous nondisciplinary and disciplinary actions against a licensee.