The Florida Senate

484.014  Disciplinary actions.--

(1)  The following acts relating to the practice of opticianry shall be grounds for both disciplinary action against an optician as set forth in this section and cease and desist or other related action by the department as set forth in s. 456.065 against any person operating an optical establishment who engages in, aids, or abets any such violation:

(a)  Procuring or attempting to procure a license by misrepresentation, bribery, or fraud or through an error of the department or the board.

(b)  Procuring or attempting to procure a license for any other person by making or causing to be made any false representation.

(c)  Making or filing a report or record which the licensee knows to be false, intentionally or negligently failing to file a report or record required by federal or state law, willfully impeding or obstructing such filing, or inducing another person to do so. Such reports or records shall include only those which the person is required to make or file as an optician.

(d)  Failing to make fee or price information readily available by providing such information upon request or upon the presentation of a prescription.

(e)  Advertising goods or services in a manner which is fraudulent, false, deceptive, or misleading in form or content.

(f)  Fraud or deceit, or negligence, incompetency, or misconduct, in the authorized practice of opticianry.

(g)  Violation or repeated violation of this part or of chapter 456 or any rules promulgated pursuant thereto.

(h)  Practicing with a revoked, suspended, inactive, or delinquent license.

(i)  Violation of a lawful order of the board or department previously entered in a disciplinary hearing or failing to comply with a lawfully issued subpoena of the department.

(j)  Violation of any provision of s. 484.012.

(k)  Conspiring with another licensee or with any person to commit an act, or committing an act, which would coerce, intimidate, or preclude another licensee from lawfully advertising her or his services.

(l)  Willfully submitting to any third-party payor a claim for services which were not provided to a patient.

(m)  Failing to keep written prescription files.

(n)  Willfully failing to report any person who the licensee knows is in violation of this part or of rules of the department or the board.

(o)  Exercising influence on a client in such a manner as to exploit the client for financial gain of the licensee or of a third party.

(p)  Gross or repeated malpractice.

(q)  Permitting any person not licensed as an optician in this state to fit or dispense any lenses, spectacles, eyeglasses, or other optical devices which are part of the practice of opticianry.

(r)  Being convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, in a court of this state or other jurisdiction, a crime which relates to the ability to practice opticianry or to the practice of opticianry.

(s)  Having been disciplined by a regulatory agency in another state for any offense that would constitute a violation of Florida law or rules regulating opticianry.

(t)  Being unable to practice opticianry with reasonable skill and safety by reason of illness or use of drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition. An optician affected under this paragraph shall at reasonable intervals be afforded an opportunity to demonstrate that she or he can resume the competent practice of opticianry with reasonable skill and safety to her or his customers.

(2)  When the board finds any person guilty of any of the grounds set forth in subsection (1), it may enter an order imposing one or more of the following penalties:

(a)  Refusal to certify to the department an application for licensure.

(b)  Revocation or suspension of a license.

(c)  Imposition of an administrative fine not to exceed $1,000 for each count or separate offense.

(d)  Issuance of a reprimand.

(e)  Placement of the optician on probation for a period of time and subject to such conditions as the board may specify, including requiring the optician to submit to treatment or to work under the supervision of another optician.

(3)  The board shall not reinstate the license of an optician it has deemed unqualified until such time as it is satisfied that the optician has complied with all the terms and conditions set forth in the final order and that such person is capable of safely engaging in the practice of opticianry.

(4)  A permitholder under this part shall be subject to the provisions of this section which shall be enforced by the department.

History.--ss. 1, 5, ch. 79-275; ss. 2, 3, ch. 81-318; ss. 7, 11, 12, ch. 86-254; s. 4, ch. 91-429; s. 248, ch. 94-119; s. 5, ch. 94-192; s. 449, ch. 97-103; s. 140, ch. 98-166; s. 198, ch. 2000-160; s. 46, ch. 2000-318.