3090.  The certificate of registration of any person registered
under this chapter, or any former act relating to the practice of
optometry, may be revoked or suspended for a fixed period by the
board for any of the following:
   (a) Violating or attempting to violate, directly or indirectly, or
assisting in or abetting the violation of, or conspiring to violate,
any provision of this chapter or of the rules and regulations
adopted by the board pursuant to this chapter and in accordance with
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code.  The proceedings under this
article shall be conducted in accordance with Chapter 5 (commencing
with Section 11500) of Part 1 of Division 3 of Title 2 of the
Government Code, and the board shall have all the powers granted
therein.
   (b) Unprofessional conduct.
   (c) Gross ignorance.
   (d) Inefficiency in his or her profession.



3090.1.  (a) A licensee may be ordered to undergo a professional
competency examination if, after investigation and review by the
Board of Optometry, there is reasonable cause to believe that the
licensee is unable to practice optometry with reasonable skill and
safety to patients.  Reasonable cause shall be demonstrated by one or
more of the following:  (1) a single incident of gross negligence;
(2) a pattern of inappropriate prescribing; (3) an act of
incompetence or negligence causing death or serious bodily injury; or
(4) a pattern of substandard care.
   (b) The results of a competency examination shall be admissible as
direct evidence and may be considered relevant in any subsequent
disciplinary or interim proceeding against the licensee taking the
examination, and, assuming those results are determined to be
relevant, shall be considered together with other relevant evidence
in making a final determination.



3093.  Before setting aside the revocation or suspension of any
certificate the board may require the applicant to pass the regular
examination given for applicants for certificates of registration.



3094.  The conviction of a crime substantially related to the
qualifications, functions and duties of an optometrist constitutes a
cause to revoke or suspend a certificate of registration. The record
of conviction or a certified copy thereof certified by the clerk of
the court or by the judge in whose court the conviction is had, is
conclusive evidence of the conviction.



3095.  The securing of a certificate of registration as an
optometrist or of any other license or permit issued by the board by
willfully given false information or a willfully made false
statement, in a material regard on any application to the board, or
by fraud or deceit practiced upon the board constitutes a cause to
revoke or suspend the certificate of registration or the other
license or permit.



3096.  The sending of a solicitor from house to house or the
soliciting from house to house by the holder of a certificate of
registration constitutes a cause to revoke or suspend his certificate
of registration.


3096.5.  No optometrist shall advertise or otherwise hold himself or
herself out to be a specialist in eye disease and the treatment
thereof.


3096.6.  Knowingly making or signing any certificate or other
document directly or indirectly related to the practice of optometry
that falsely represents the existence or nonexistence of a state of
facts constitutes unprofessional conduct.  Section 3120 shall not
apply to this section.



3096.7.  Altering or modifying the medical record of any person,
with fraudulent intent, or creating any false medical record, with
fraudulent intent, constitutes unprofessional conduct.  In addition
to any other disciplinary action, the State Board of Optometry may
impose a civil penalty of five hundred dollars ($500) for a violation
of this section.  Section 3120 shall not apply to this section.




3097.  When the holder is suffering from a contagious or infectious
disease, it constitutes a cause to suspend his certificate of
registration during the period of continuance of such disease.



3098.  When the holder uses the title of "Doctor" or "Dr." as a
prefix to his name, without using the word "optometrist" as a suffix
to his name or in connection with it, or, without holding a diploma
from an accredited school of optometry, the letters "Opt. D." or
"O.D." as a suffix to his name, it constitutes a cause to revoke or
suspend his certificate of registration.



3099.  The holding out as having a special knowledge of optometry,
as defined in this chapter, by the holder of a certificate of
registration, constitutes a cause to revoke or suspend his
certificate of registration.



3100.  The employing of what are known as "cappers" or "steerers" to
obtain business constitutes unprofessional conduct.



3101.  The obtaining of any fee by fraud or misrepresentation
constitutes unprofessional conduct.



3102.  The employing, directly or indirectly, of any suspended or
unlicensed optometrist to perform any work for which a certificate of
registration is required constitutes unprofessional conduct.



3103.  Directly or indirectly accepting employment to practice
optometry from any person not having a valid, unrevoked certificate
of registration as an optometrist or from any company or corporation
constitutes unprofessional conduct.  Except as provided in this
chapter, no optometrist may, singly or jointly with others, be
incorporated or become incorporated when the purpose or a purpose of
the corporation is to practice optometry or to conduct the practice
of optometry.
   The terms "accepting employment to practice optometry" as used in
this section shall not be construed so as to prevent a licensed
optometrist from practicing optometry upon an individual patient.
   Notwithstanding the provisions of this section or the provisions
of any other law, a licensed optometrist may be employed to practice
optometry by a physician and surgeon who holds a certificate under
this division and who practices in the specialty of ophthalmology or
by a health care service plan pursuant to the provisions of Chapter
2.2 (commencing with Section 1340) of Division 2 of the Health and
Safety Code.


3104.  The advertising of the practice of optometry, treatment or
advice in which untruthful, improbable or impossible statements are
made constitutes unprofessional conduct.



3105.  Habitual intemperance constitutes unprofessional conduct.



3105.1.  The use or consumption of alcoholic beverages or a narcotic
drug by a person holding a certificate under this chapter to the
extent or in a manner that is dangerous or injurious to the person or
to any other person or to the public or to an extent that the use or
consumption impairs the ability of the person holding the
certificate to conduct with safety to the public the practice
authorized by the certificate constitutes unprofessional conduct.
Section 3120 shall apply to a violation of this section.



3106.  The permitting of another to use his certificate of
registration for any purpose constitutes unprofessional conduct.



3107.  A plea or verdict of guilty or a conviction following a plea
of nolo contendere made to a charge substantially related to the
qualifications, functions and duties of an optometrist is deemed to
be a conviction within the meaning of this article.  The board may
order the license suspended or revoked, or may decline to issue a
license, when the time for appeal has elapsed, or the judgment of
conviction has been affirmed on appeal or when an order granting
probation is made suspending the imposition of sentence, irrespective
of a subsequent order under the provisions of Section 1203.4 of the
Penal Code allowing such person to withdraw his plea of guilty and to
enter a plea of not guilty, or setting aside the verdict of guilty,
or dismissing the accusation, information or indictment.



3107.1.  The conviction of a charge of violating any federal
statutes or regulations or any statute or regulation of this state,
regulating dangerous drugs or controlled substances, constitutes
unprofessional conduct.  The record of the conviction is conclusive
evidence of this unprofessional conduct.  A plea or verdict of guilty
or a conviction following a plea of nolo contendere is deemed to be
a conviction within the meaning of this section.



3108.  The failure of any therapeutic pharmaceutical agent certified
optometrist to maintain adequate and accurate records relating to
the provision of services to their patients constitutes
unprofessional conduct.


3109.  It shall be unprofessional conduct for an optometrist to fail
to refer a patient to an appropriate physician where an examination
of the eyes indicates a substantial likelihood of any pathology which
requires the attention of the appropriate physician.  It shall be
unprofessional conduct for an optometrist to fail to refer a patient
to an appropriate physician and surgeon when response to treatment
does not occur within a reasonable amount of time.