§ 58-16a-502 — Unprofessional conduct.

"Unprofessional conduct" includes, in addition to the definition in Section 58-1-501:
(1) using or employing the services of an optometric assistant to assist a licensee in any manner not in accordance with:

(1)(a) the generally recognized practices and standards of ethics of the profession; or
(1)(b) applicable state law or division rule;
(2) failure to refer a patient to an appropriate licensed practitioner when:

(2)(a) the patient's condition does not respond to treatment; or
(2)(b) the treatment is not within the scope of competence or licensure of the licensee;
(3) providing confidential information regarding a patient to any third party who does not have a legal and professional ground for obtaining the information;
(4) knowingly prescribing, selling, giving away, or administering any prescription drug unless:

(4)(a) for a legitimate medical purpose;
(4)(b) upon a proper diagnosis indicating the use of the drug in the amount prescribed or provided; and
(4)(c) in compliance with Section 58-17b-309;
(5) giving or receiving directly or indirectly any fee, commission, rebate, or other compensation for professional services not actually and personally rendered, except as part of a legal relationship within a lawful professional partnership, corporation, or association;
(6) failure to transfer pertinent and necessary information from a patient's medical records to another optometrist or physician when so requested by the patient or his representative, as designated in writing;
(7) failure to provide a contact lens prescription to a person who sells contact lenses in accordance with Section 58-16a-306; or
(8) falsely making an entry in, or altering, a medical record with the intent to conceal:

(8)(a) a wrongful or negligent act or omission of an individual licensed under this chapter or an individual under the direction or control of an individual licensed under this chapter; or
(8)(b) conduct described in Subsections (1) through (7) or Subsection 58-1-501(1).

Legislative History

Amended by Chapter 25, 2020 General Session