Optometrists play an essential role in maintaining the health of California citizens. They examine patients, diagnose, and treat eye injuries and other eye-related problems. It takes several years of studies to obtain an optometry degree and, eventually, a license. Unfortunately, one mistake may be all it takes to place your license at risk and undermine your hard work.
The California State Board of Optometry (CSBO) governs optometry practice in California. Their role entails licensing optometrists and enforcing the laws governing them. Should the board allege that you broke any of these laws, you may face disciplinary action. A knowledgeable license defense lawyer can work to safeguard your legal rights and prevent you from facing punishment.
At Los Angeles License Attorney, our lawyers are dedicated to providing expert legal defense to healthcare professionals, including optometrists, dealing with disciplinary or licensure issues. We work diligently to assist our clients in resolving their cases as favorably as possible. Call us today to arrange for a free consultation with one of our compassionate license defense lawyers.
The Function of the California State Board of Optometry
In California, the CSBO regulates the practice of optometry. Its mission is to safeguard the safety and health of California consumers and the general public from unlawful and harmful practices of opticianry and optometry. The board achieves this mission by licensing only the individuals qualified to practice opticianry and optometry in California. It reviews applications very carefully before issuing licenses and registrations for dispensing opticians, nonresident contact lens sellers, and related optical businesses.
Another function of the board, apart from licensing, is enforcing regulations and laws governing optometrists. Under the state’s BPC (Business & Professions Code), optometrists must adhere to established rules and regulations and meet specific standards. If they do not, they could be subject to disciplinary action. Part of the board’s enforcement role is to investigate complaints, and it also has the authority to impose discipline against licensees who violate the law to safeguard the public.
The CSBO also sets standards for optometry practice in California to ensure high-quality care and consumer safety. Part of this function includes updating the laws and regulations book. The board also acts as a mediator in disputes between licensees and consumers.
The CSBO Disciplinary Process
The board’s disciplinary process starts with a formal complaint. Any party can file a complaint with the board against an optometrist, including a patient, a patient’s family member, supervisor, insurance provider, colleague, or any other aggrieved party. Disciplinary referrals might also originate from police agencies when a licensee is accused of a crime.
After the CSBO receives a formal complaint against you, it will review the allegations stated therein to determine whether there is any basis to proceed. If the complaint holds water, the board will move on to investigate it. If an investigator for the board contacts you, do not sign anything or speak to them before talking to an experienced license defense attorney. Anything you tell the investigator can and will be used against you in the course of the disciplinary process and if you face any criminal charges.
If the investigation further reveals that the allegations in the complaint are unsubstantiated, the board may close the matter. For minor wrongdoings, the board may resolve the complaint through a fine and citation. However, if, according to the investigation, the allegations are serious, the board may forward the matter to the Attorney General’s Office. An official at the office will then review the case and, if it warrants, file an official complaint.
The Attorney General’s Office may file an Accusation for any violation of the Business and Professions Code and related laws and regulations. Also, an Accusation may be filed when a licensee has been accused of, or found guilty of, an offense.
Once the Attorney General’s Office has filed an Accusation, you will receive a notice of the Accusation. When you receive this notice, you have 15 days to respond to it. Responding involves filing a Notice of Defense, which notifies the board that you wish to challenge the allegations against you. If you do not file this notice, the board will presume that you are guilty and do not want to defend yourself. It will then revoke your license by default.
If you file a Notice of Defense, your case will move to the administrative hearing stage by an ALJ (Administrative Law Judge). Before the hearing, however, your lawyer may reach a stipulated agreement with the CSBO. This agreement will help you avoid a hearing and potentially severe consequences you might face. If the stipulated agreement is not possible, however, a hearing will take place.
The Administrative Law Judge will hear arguments and evidence from both sides before issuing their decision. The CSBO will then modify or approve the judge’s decision.
If you are not content with the outcome of the hearing, you can file your appeal to the Superior Court within 30 days of the ALJ’s decision. If the outcome is still not satisfying, you can move to the Court of Appeals, and if you are still not satisfied, you can move to the California Supreme Court. Appealing a case does not mean the judge will consider new evidence or hear the court afresh. On the contrary, the judge will only review the ALJ’s ruling, checking for any mistakes they may have made.
Board Disciplinary Actions
Disciplinary proceedings can trigger severe repercussions for a license holder. Based on the severity and nature of your case, any prior record of discipline or violations, and available mitigating factors, you may be subject to the following disciplinary action:
- Public reproval or reprimand
- Probation
- License suspension
- License surrender
- License revocation
When determining what disciplinary action to impose, the board considers both mitigating and aggravating factors in the case. Aggravating factors considered include whether your actions inflicted harm to the patient, whether you violated trust with your employer or patient, an extensive history of prior violations, or perpetration of an offense in a minor’s presence.
On the other hand, mitigating circumstances include regret and an admission of wrongdoing, the unlikelihood of repeating the incident, cooperation with board investigations, no prior history of violations, and no harm brought to the patient.
Avoiding board discipline is not impossible. If someone has filed a complaint against you, your next move is to consult a devoted license defense lawyer as early as possible. With prompt intervention, your case can be resolved informally and achieve the best possible overall outcome.
Petition for Reduction of Penalty or Early Termination of Probation
The CSBO disciplining your license can be devastating. Whether the board revoked or suspended your license, placed it on probation, or ordered you to surrender it, your capability to work in the profession you love and earn a living can be severely impacted. However, if an appeal is successful, you can have the disciplinary action modified in many instances.
To request a modification of disciplinary action, you can file a Petition for Penalty Reduction. And if you wish for the board to end your probation sentence, you can file a Petition for Early Probation Termination. To file either of these petitions, you must wait until 12 months have passed since the imposition of the discipline. The full board will decide on the petition in compliance with the established standards for penalty reduction or reinstatement.
However, note that the board grants requests for modification of probation terms or early termination of probation only under exceptional circumstances, including:
- If the board has determined that the probationary terms or penalty imposed are excessive
- When substantive evidence exists to show there is no longer a need for probation as described under the original conditions and terms.
- After considering the violation charged and the supporting evidence
Generally, the board will not grant your petition to end probation early or reduce your penalty unless you have complied with all the terms and conditions required by that disciplinary action. Some of the information you will need to provide when filing your petition includes the following:
- The date the board imposed the disciplinary action, with a full explanation of what caused the discipline.
- Reasons why you believe the board should restore your license or reduce the disciplinary action
- A comprehensive description of your occupation and activities since the board imposed the discipline against you. Include locations, dates, and employers.
- Continuing education courses you have completed since the board imposed the disciplinary action
- The optometric literature you have studied during the past year
- Refresher or post-graduate courses, with location, dates, and course type, that you have enrolled in since you were subject to disciplinary action.
- Any corrective or rehab measures you have taken since the board imposed the disciplinary action to support the petition.
- Names, telephone numbers, and addresses of individuals submitting recommendation letters accompanying your petition.
Licensing Issues That California Optometrists Face
The CSBO can discipline an optometrist’s license for a wide range of reasons. Some of them include the following:
- Incompetence or gross misconduct
- Unprofessional conduct
- Sexual harassment or sexual misconduct
- Lack of capacity to safely practice
- Failure to refer patients
- Misdiagnosis
- Substance abuse
- A conviction of a crime related to optometry practice, such as DUI or drug possession
- Filing a fraudulent insurance claim
- Misleading advertising
- Obtaining an optometry license through fraud
- Unlicensed practice or aiding and abetting the unlicensed practice of optometry
- Failing to keep proper records or falsifying records
- Prescribing medication without a proper medical examination
- Operating outside the scope of your license
- Breaching license probation terms
Any of these allegations can place your license at risk. Regardless of how minor an allegation is, you want to take it seriously and talk to a skilled healthcare license defense attorney as soon as possible.
Defense Strategies for Optometrists
If the CSBO has contacted you concerning a possible disciplinary issue, you might feel scared and overwhelmed. You may assume the matter and not want to address it. Unfortunately, overlooking the issue will not resolve it. In fact, it may lead to more severe consequences.
If you are in this situation, your first move should be to consult a lawyer. The lawyer can assess the allegations you face and explain your defense options and rights. The lawyer can conduct their independent investigations and work closely with experts to develop a solid defense strategy. Based on your case, these are the defense strategies your lawyer may employ to help you fight to retain your license:
- Contacting the CSBO investor to present mitigating evidence that refutes the supposed violation or supports a dismissal of the case
- Investigate the allegations against you by subpoenaing appropriate documents and interviewing witnesses.
- Hiring an expert in the standard of care to disprove allegations of misconduct or negligence
- Reviewing the evidence and creating a report
- In cases that involve mental health or chemical dependency issues, your lawyer can develop a rehab plan for recovery. This may lower the level or form of discipline the board imposes.
- Gathering the necessary rehab character letters, documents, and other pieces of evidence to potentially obtain a favorable stipulated settlement or prepare for an administrative hearing
With the right strategy, your lawyer can have the complaint against you dismissed. And if a dismissal is impossible, they can negotiate a favorable stipulated agreement with the CSBO. If that is still not possible, the lawyer can fight for your rights and interests during an administrative proceeding. That said, you need to have a lawyer by your side every step of the disciplinary process to have high chances of retaining your license.
Find an Expert Optometry License Defense Attorney Near Me
The CSBO takes its duty of governing optometrists in California very seriously. It thoroughly investigates any allegation of wrongdoing by its license holders. If you face an Accusation or are simply under investigation, you need to move quickly to protect your license and career. A lawyer can help you develop a winning defense strategy.
At Los Angeles License Attorney, our lawyers offer expert and compassionate legal defense to healthcare professionals across California, including optometrists. We strive to develop a comprehensive strategy to protect our clients’ licenses and defend their rights. Our lawyers will work diligently to ensure clients obtain the best possible outcome. If you need legal help, we are prepared to provide it. Call us at 424-554-1140 to schedule a complimentary consultation.
