§ 40-38-110 — Grounds for license revocation, suspension, or limitations, or for disciplinary action against licensee.

(A) In addition to the grounds for disciplinary action provided in Section 40-1-110, the board may revoke, suspend, or otherwise restrict or limit the license of an optician or reprimand or otherwise discipline a licensee when it is established upon a satisfactory showing to the board that the licensee: (1) has been convicted of a felony or crime involving moral turpitude. Forfeiture of a bond or a plea of nolo contendere is considered a conviction; (2) has knowingly performed an act which in any way assists a person to practice opticianry illegally; (3) has caused to be published or circulated directly or indirectly fraudulent, false, or misleading statements as to the skill or methods of practice of an optician; (4) has failed to provide and maintain reasonable sanitary facilities; (5) is guilty of obtaining fees or assisting in obtaining fees under deceptive, false, or fraudulent circumstances; (6) has violated a provision of this chapter or a regulation promulgated under this chapter; or (7) has been guilty of using third-party solicitation which is untruthful, deceptive, and coercive to obtain patronage. (B) In addition to all other remedies and actions provided for in this chapter, the license of an optician adjudged mentally incompetent by a court of proper jurisdiction automatically must be suspended by the board until the optician is adjudged by a court of competent jurisdiction or in any other manner provided by law as being restored to mental competency.

Legislative History

HISTORY: 1998 Act No. 426, SECTION 1. Editor's Note Prior Laws:1982 Act No. 396, SECTION 1; 1976 Code SECTION 40-38-220.