The California Board of Optometry is tasked with imposing discipline for any licensed Optometrists pursuant to B & P Â§ 3110. A new applicant, and a renewal applicant, must disclose each conviction for a misdemeanor, felony, and some infractions. Furthermore, each new applicant or renewal applicant must submit to live scan fingerprinting.
Conviction includes a plea of guilty or no contest and any conviction that has been set aside or deferred pursuant to Sections 1000 or 1203.4 of the Penal Code, including infractions, misdemeanors, and felonies. An infraction with a fine less than $300 need not be reported, unless the infraction involved alcohol or a controlled substance. However, any convictions in which a plea of no contest was entered and any convictions that were subsequently set aside or deferred pursuant to Sections 1000 or 1203.4 of the Penal Code must be disclosed. License includes permits, registrations, and certificates. According to our criminal defense lawyers, discipline includes, but is not limited to, suspension, revocation, voluntary surrender, probation, reprimand or any other restriction on a license held by you.
B & P 3110 The board may take action against any licensee who is charged with unprofessional conduct, and may deny an application for a license if the applicant has committed unprofessional conduct. In addition to other provisions of this article, unprofessional conduct includes, but is not limited to, the following:
(a) Violating or attempting to violate, directly or indirectly assisting in or abetting the violation of, or conspiring to violate any provision of this chapter or any of the rules and regulations adopted by the board pursuant to this chapter.
(b) Gross negligence.
(c) Repeated negligent acts. To be repeated, there must be two or more negligent acts or omissions.
(e) The commission of fraud, misrepresentation, or any act involving dishonesty or corruption that is substantially related to the qualifications, functions, or duties of an optometrist.
(f) Any action or conduct that would have warranted the denial of a license.
(g) The use of advertising relating to optometry that violates Section 651 or 17500.
(h) Denial of licensure, revocation, suspension, restriction, or any other disciplinary action against a health care professional license by another state or territory of the United States, by any other governmental agency, or by another California health care professional licensing board. A certified copy of the decision or judgment shall be conclusive evidence of that action.
(i) Procuring his or her license by fraud, misrepresentation, or mistake.
(j) Making or giving any false statement or information in connection with the application for issuance of a license.
(k) Conviction of a felony or of any offense substantially related to the qualifications, functions, and duties of an optometrist, in which event the record of the conviction shall be conclusive evidence thereof.
(l) Administering to himself or herself any controlled substance or using any of the dangerous drugs specified in Section 4022, or using alcoholic beverages to the extent, or in a manner, as to be dangerous or injurious to the person applying for a license or holding a license under this chapter, or to any other person, or to the public, or, to the extent that the use impairs the ability of the person applying for or holding a license to conduct with safety to the public the practice authorized by the license, or the conviction of a misdemeanor or felony involving the use, consumption, or self-administration of any of the substances referred to in this subdivision, or any combination thereof.
(m) (1) Committing or soliciting an act punishable as a sexually related crime, if that act or solicitation is substantially related to the qualifications, functions, or duties of an optometrist.
(2) Committing any act of sexual abuse, misconduct, or relations with a patient. The commission of and conviction for any act of sexual abuse, sexual misconduct, or attempted sexual misconduct, whether or not with a patient, shall be considered a crime substantially related to the qualifications, functions, or duties of a licensee. This paragraph shall not apply to sexual contact between any person licensed under this chapter and his or her spouse or person in an equivalent domestic relationship when that licensee provides optometry treatment to his or her spouse or person in an equivalent domestic relationship.
(3) Conviction of a crime that requires the person to register as a sex offender pursuant to Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1 of the Penal Code. A conviction within the meaning of this paragraph means a plea or verdict of guilty or a conviction following a plea of nolo contendere. A conviction described in this paragraph shall be considered a crime substantially related to the qualifications, functions, or duties of a licensee.
(n) Repeated acts of excessive prescribing, furnishing, or administering of controlled substances or dangerous drugs specified in Section 4022, or repeated acts of excessive treatment.
(o) Repeated acts of excessive use of diagnostic or therapeutic procedures, or repeated acts of excessive use of diagnostic or treatment facilities.
(p) The prescribing, furnishing, or administering of controlled substances or drugs specified in Section 4022, or treatment without a good faith prior examination of the patient and optometric reason.
(q) The failure to maintain adequate and accurate records relating to the provision of services to his or her patients.
(r) Performing, or holding oneself out as being able to perform, or offering to perform, any professional services beyond the scope of the license authorized by this chapter.
(s) The practice of optometry without a valid, unrevoked, unexpired license.
(t) The employing, directly or indirectly, of any suspended or unlicensed optometrist to perform any work for which an optometry license is required.
(u) Permitting another person to use the licensee’s optometry license for any purpose.
(v) Altering with fraudulent intent a license issued by the board, or using a fraudulently altered license, permit certification or any registration issued by the board.
(w) Except for good cause, the knowing failure to protect patients by failing to follow infection control guidelines of the board, thereby risking transmission of bloodborne infectious diseases from optometrist to patient, from patient to patient, or from patient to optometrist. In administering this subdivision, the board shall consider the standards, regulations, and guidelines of the State Department of Public Health developed pursuant to Section 1250.11 of the Health and Safety Code and the standards, guidelines, and regulations pursuant to the California Occupational Safety and Health Act of 1973 (Part 1 (commencing with Section 6300) of Division 5 of the Labor Code) for preventing the transmission of HIV, hepatitis B, and other bloodborne pathogens in health care settings. As necessary, the board may consult with the Medical Board of California, the Board of Podiatric Medicine, the Board of Registered Nursing, and the Board of Vocational Nursing and Psychiatric Technicians, to encourage appropriate consistency in the implementation of this subdivision.
(x) Failure or refusal to comply with a request for the clinical records of a patient, that is accompanied by that patient’s written authorization for release of records to the board, within 15 days of receiving the request and authorization, unless the licensee is unable to provide the documents within this time period for good cause.
(y) Failure to refer a patient to an appropriate physician in either of the following circumstances:
(1) Where an examination of the eyes indicates a substantial likelihood of any pathology that requires the attention of that physician.
(2) As required by subdivision (c) of Section 3041.
Our criminal defense lawyers make every endeavor to avoid a criminal conviction that could lead to a disciplinary action; but if that is not possible, we will guide you in the best way possible to mitigate any damage to your licensing and your livelihood.
Alan Castillo is a highly experienced criminal defense attorney and truly a DUI/ DMV expert. When I have a question about consequences of a DUI convictio (...)
Mr. Alan Castillo is the most knowledgeable, magnificent Lawyer in Orange County, he cares about People,s problems and with the Experience and Expertise h (...)
A highly skilled and well-respected group of Lawyers. The three lawyers that make up this small boutique Criminal Defense Law firm, Alan Castillo, Peter (...)
I would recommend Alan Castillo without hesitation and have complete confidence in his expertise and ability. During a very distressing time I was facing (...)
I would like to take a moment to commend Mr. Alan Castillo on his recent performance with my criminal case. As anyone who is on the stand facing criminal (...)
Alan Castillo is an incredible criminal defense and professional licensing attorney. He is very responsive and has an innate ability to explain legal conc (...)
Absolutely the best experience considering the circumstances ! Alan Castillo is a miracle worker. He took me on when I lost all hope. This was my 7th DUI (...)
Contact Us Today
For A Free Consultation
Alan Castillo is a highly experienced criminal defense attorney and truly a DUI/ DMV expert. When I have a question about consequences of a DUI conviction, vehicle code violation or DUI trial strategy I reach out to Alan who always gets back to me promptly with the right answer. He has helped me several times to leverage the best deal for my client when there are DMV consequences that the average lawyer wouldn't know about. He has been correct in his assessment every single time! I highly recommend Alan without reservation.
Mr. Alan Castillo is the most knowledgeable, magnificent Lawyer in Orange County, he cares about People,s problems and with the Experience and Expertise he has, helps his clients. I asked his help twice, the second times was Violation in Probation and I thought this time, for sure I'm going to Jail, Mr. Castillo saved my life, my family, and my honors by took the miracle deal for me. Two other son's friends had a big problem with Law. Mr.Castillo helps them, they are very happy with the deal, let's say it seems beside the splendid Expertise he always has a (...)
A highly skilled and well-respected group of Lawyers. The three lawyers that make up this small boutique Criminal Defense Law firm, Alan Castillo, Peter Iacona and Marlo Cordero are very well respected in the courts by Judges, Prosecutors and most importantly their clients.
I would recommend Alan Castillo without hesitation and have complete confidence in his expertise and ability. During a very distressing time I was facing a long jail sentence and with Alan's diligence and knowledge, I was able to stay out of jail and keep my job. Throughout the process Alan kept me informed and anytime I had questions he was always there to ease my mind. Alan was able to navigate the legal process and negotiate with the DA where I got the best possible outcome I could have ever hoped for.
I would like to take a moment to commend Mr. Alan Castillo on his recent performance with my criminal case. As anyone who is on the stand facing criminal charges can attest, it is absolutely paramount to select a firm with great knowledge of the law, understands the legal process as well as a firm that is well networked politically to successfully get you through this stressful process. Mr. Castillo took a hard, yet strategically tactful approach (from all angles) which resulted in a better than expected outcome in my case. I would recommend one to speak wit (...)
Alan Castillo is an incredible criminal defense and professional licensing attorney. He is very responsive and has an innate ability to explain legal concepts and situations in a way anyone can understand. He has a true passion for justice and wants the best for his clients in every situation. Alan's integrity in unquestioned and I highly recommend his services to anyone in need of legal advice or representation.
Absolutely the best experience considering the circumstances ! Alan Castillo is a miracle worker. He took me on when I lost all hope. This was my 7th DUI and my first attorney told me I was going to get 5 years no matter what. I called Alan and he said he could do something better. He was able to work it out so I could keep my job leaving the country and was sentenced a fifth of the original time. I'd recommend Alan Castillo to anyone who needs someone to fight for them. Because of his help and hard work, I was able to get my life back on track.