If you hold an optometry license, how you conduct yourself in your professional and social life matters a lot. You can lose your license if someone accuses you of unprofessionalism, incompetence, or negligence. This will mark the end of a career that has cost you time and money to build. However, before that happens, you have a chance of defending your license and reputation from the allegations. You can do this with the help of a license attorney.
If you face formal allegations in Fresno and your career is at risk, we can help at Fresno License Attorney. We can work together in developing a defense strategy that will work in your favor. Then, we can convince the Board of Optometry to dismiss the allegations or consider a favorable disciplinary action for you.
Reasons Why Your Optometry License Matters
Optometry is a healthcare field that focuses on eye and vision care. Optometrists are trained and experienced professionals who examine, diagnose, and manage various conditions that affect the eye. They diagnose and prescribe treatments, such as corrective glasses, to improve their patients’ eyesight. Although they are not medical doctors, optometrists must complete at least 4 years of specialized training in an optometry school to gain the skills to provide competent, safe patient care.
Thus, obtaining a professional license after studying optometry is critical. A permit authorizes you to offer safe and professional services within California. You can legally work with patients of all ages, including the young and the old. You can also legally diagnose and treat a wide range of eye conditions. While these skills are acquired during training, you need a license to operate in public trust.
A license demonstrates that you can be trusted to provide safe services in the public interest. It protects the public by confirming that you are qualified to provide the services you offer. This reduces the risk of improper care and ensures you remain accountable throughout your service delivery.
A license also demonstrates the legal scope of your practice. It provides the exact legal scope of your profession, which ensures you abide by the law at all times. For example, a licensed optometrist can be trusted to prescribe appropriate eye medications, treat infections, and identify systemic illnesses such as hypertension and diabetes during examinations.
You need this license for professional credibility. Trust is not easy to earn, especially in the healthcare sector. Patients and families will always want to hire a medical professional they can trust. Your license is your official recognition and proof that you are skilled and experienced to handle a patient’s needs. You can slowly build trust with people as you build solid connections with your patients. A solid credibility will also earn you more patients through referrals.
Unfortunately, obtaining an optometry license is easier than keeping it. Before getting one, you must demonstrate your readiness to serve with integrity, as you adhere to your profession’s code of conduct and the general law. You must also put your patients’ needs and interests first. If you make a mistake or there is a misunderstanding in your profession, your license is at risk. Losing it means an end to a career that helps you earn a living. It could also translate into a significant loss of time and resources, considering how much you have invested in building your career.
Fortunately, license defense attorneys are always willing and ready to help. You can find a competent attorney to help defend your career if your license is at risk. They can use solid evidence to counter the allegations against you or use mitigating factors to influence the board’s final verdict. The right attorney will protect you from a disciplinary action that could ruin your career and reputation.
Circumstances Under Which the Board of Optometry Takes Discipline Actions Against Licensed Optometrists
The Board of Optometry plays a critical role in ensuring that the public receives safe, effective, and professional eye care. Licensing skilled optometrists is one of its roles, but not the board’s primary role. The agency exists primarily for public safety. Everything it does, including licensing and disciplining optometrists, revolves around this primary role. The board will do whatever it takes to ensure that members of the public are comfortable and satisfied with the eye-care services they receive.
Thus, it is unlawful to offer your services, regardless of your skills and experience, without a professional license. After training, you must undergo an intensive, extensive application process to obtain a permit that authorizes you to serve public needs. Additionally, you must work carefully every day to maintain that license. If you demonstrate incompetence or negligence in serving your patients, you could lose your license. The board is vigilant at all times and will not hesitate to cancel or suspend your license if you put the public at risk of damage.
In this case, it helps to understand the circumstances under which you can be at loggerheads with the Board of Optometry. This way, you can carefully discharge your services while at the same time protecting your license, career, and reputation.
Here are the main reasons why the board can take disciplinary action:
Professional Misconduct
Remember that as a licensed professional, you must always conduct yourself professionally when dealing with patients and the general public. Some of the unprofessional conduct that could put you into trouble with the board include the following:
- Sexual abuse, or any sexual misconduct with a patient, or co-worker, including engaging in sexual contact or making lewd, improper, or suggestive remarks
- Misrepresentation or fraud, including using deceit to secure a license, or engaging in any fraudulent activity, like billing insurance companies for services not rendered
- Using false advertising tactics to acquire clients deceitfully
- Improper delegation or allowing unlicensed personnel, such as optical staff, to render services that require them to have an optometry license
- Promoting ineffective or unnecessary devices, treatments, or services for your personal gain
- Violating your boundaries by physically or verbally abusing your staff or patients
Incompetence or Negligence
You can be accused of incompetence or negligence for any of the following reasons:
- Failing to meet the required standard of care set by the Board of Optometry for all licensed professionals. This could result in an injury or create an unreasonable risk of harm to patients
- Missing a diagnosis or failing to diagnose an eye condition like retinal disease or glaucoma properly
- Failing to refer a patient who needs more advanced or additional health care than you can offer as an optometrist
- Failing to maintain proper or adequate medical records for your patients, which is required for at least seven years
- Any unsafe practice, including continuing to render your services even when you are mentally or physically unfit, or when suffering from a contagious illness that puts your patients at risk
Regulatory or Legal Violations
The Board of Optometry may also take action against you for any regulatory or legal violation, including the following:
- A criminal conviction for a felony or any misdemeanor that is substantially related to your competence or professionalism
- Drug or substance abuse, especially habitual intoxication at work, or an addiction that affects your ability to offer safe and competent services.
- Continuing to practice after your license has expired, been revoked, or suspended
- Failing to comply with the board orders, including a prior disciplinary term or condition, reporting requirements, or a subpoena
- Continuous education violations if you fail to complete the required additional training to boost your competence
Some of these violations are minor, while others are severe. The board considers the severity of the violation to determine how to proceed with your case or the appropriate disciplinary action. If you face a serious violation, the board can decide to investigate it first before taking any further action. In this case, you must be notified of a pending investigation. and if necessary, an awaiting hearing. The administrative process the board will take will depend on the findings of those investigations.
Note: The agency does not always discipline optometrists accused of violating the law, or of being negligent or incompetent. It deals with issues on a case-by-case basis. If the claim against you is solid, and there is irrefutable evidence against you, the board will likely pursue it and take action against you. However, in case of a minor issue or an unsubstantiated claim, the agency will drop it even before notifying you about it.
What To Expect During and After the Administrative Process
If the board decides to investigate your case, you will receive a notice of an investigation and a pending hearing. You should start preparing your defense immediately upon receiving that notice, so you are well-prepared when the hearing comes. Thus, you can hire an attorney, gather evidence, interview witnesses, and prepare compelling statements to defend yourself or counter the allegations. A qualified attorney will guide you through this to ensure you have a stronger case than the board, in hopes of a favorable outcome.
If your attorney finds loopholes in the board’s case, they may start negotiating for a reasonable settlement before the hearing date. An out-of-the-ordinary settlement will save your time and improve your chances of obtaining a fair outcome. Your attorney will present a strong case to the board, convincing it that it is in all parties’ best interests to address the matter immediately. If they succeed, you will not have to worry about a hearing.
However, this strategy does not always work. If it fails, a skilled attorney will prepare for the hearing. When you appear before an administrative judge, your attorney will table compelling evidence to convince the judge to rule the matter in your favor. They can counter the claim with evidence or present mitigating factors to persuade the judge to give a favorable verdict. If this strategy works, you will not have to worry about losing your reputation or livelihood.
However, this, too, does not always work. If the case against you is stronger, the board may have to discipline you for your actions. In this case, your attorney must prepare to fight for the most favorable disciplinary action. Some of the disciplines the Board of Optometry uses in case of serious violations include:
- Public citations and fines
- Public reprimand letters
- License probations
- License suspensions
- License revocations
Public citations and reprimands are the most lenient disciplinary actions available for unprofessional or negligent optometrists. They do not necessarily impact your ability to render your services. However, they can publicly ruin your reputation, leaving you without patients or a job. This may also affect your ability to find new patients or a new job. Your license attorney can fight this to protect your reputation.
A license probation may happen during your case’s investigation. The board will set strict conditions for you to abide by as you treat your patients. This may affect your freedom and make your career harder. Your attorney can negotiate for favorable probation conditions to ease your burden.
License suspensions and revocations are not uncommon. They may happen in case of serious violations that put patients or the public at risk of severe injuries or death. License suspensions are temporary, while revocations are usually permanent. Both leave you without an income for prolonged periods. A qualified lawyer will use their best defense strategies to ensure that your license and livelihood are not affected in any way.
Find Competent Optometry License Defense Services Near Me
Obtaining an optometry license in Fresno is an outstanding achievement, especially if this is the career you have always wanted. However, you have to do your best to maintain your license by maintaining professionalism and competence. If you are accused of negligence or any other unprofessional conduct, the Board of Optometry can take disciplinary action that could affect your livelihood.
However, at Fresno License Attorney, we are available to help in fighting for your license and livelihood. We know how much your career means to you. We will do our best to protect your license regardless of the nature or severity of the claim against you. Call us at 559-388-5402 for timely and competent license defense services.
