# Title 56 — Optometry, Board of

## Article 56-02 — Optometrist Licensure

## Chapter 56-02-06 — Disciplinary Action - Procedure

### § 56-02-06-01. Disciplinary action.

The board may take such disciplinary action as it deems reasonably necessary under the
provisions of North Dakota Century Code chapter 43-13 when it appears to the satisfaction of the
majority of the members of the board that any provisions of title 56 or North Dakota Century Code
chapter 43-13 have been violated.
History: Effective December 1, 1987; amended effective April 1, 1990.
General Authority: NDCC 43-13-13
Law Implemented: NDCC 43-13-21.1, 43-13-22, 43-13-23, 43-13-24,43-13-25, 43-13-26
### § 56-02-06-02. Disciplinary procedure.

Repealed effective April 1, 1990.
### § 56-02-06-03. Appeals.

Repealed effective April 1, 1990.
### § 56-02-06-04. Disciplinary grounds.

Without limiting the disciplinary powers of the board or grounds for discipline by the board,
disciplinary action may be imposed against an optometrist upon any of the following grounds:
1. The use of any false, fraudulent, or forged statement, document, or information or the use of
any fraudulent, deceitful, dishonest, or immoral practice in connection with the application for
issuance or renewal of a license.
2. Violating or attempting to violate, directly or indirectly, or assisting in or abetting in the violation
of, or conspiring to violate any provision of the law or the rules adopted by the board.
3. The willful or grossly negligent failure to comply with the provisions of federal, state, or local
laws, rules, or regulations governing the practice of the profession.
4. The making of false or misleading statements about the optometrist's skill or the efficacy of
any medicine, treatment, or remedy.
5. The making of or filing a report or record which an optometrist knows to be false; intentionally
or negligently failing to file a report or record required by federal or state law or rules; willfully
impeding or obstructing such filing; or inducing another person to do so. Such reports or
records include only those which the optometrist is required to make or file as a licensed
optometrist.
6. The submission of fraudulent billing or reports to a third-party payer or obtaining any fee by
fraud, deceit, or misrepresentation.

7. Failing to maintain a patient record and a billing record for each patient which accurately
reflects the evaluation or treatment of the patient and the bills charged to the patient. Unless
otherwise provided, all patient records must be retained for at least six years from the last
contact with the patient.
8. Knowingly making or signing any false certificate or other document relating to the practice of
optometric care which falsely represents the existence or nonexistence of a state of facts.
9. The performance of any dishonorable, unethical, or unprofessional conduct which has or is
likely to deceive, defraud, or harm the public or endanger the public health, welfare, or safety.
10. Participation in any act of fraud or misrepresentation.
11. The publication or circulation of false, misleading, or otherwise deceptive statements
concerning the practice of optometry.
12. The practice of optometry under a false name or under an unauthorized assumed name.
13. Conviction of a crime which is substantially related to the qualifications, functions, or duties of
an optometrist.
14. Conviction of a felony or any offense involving moral turpitude, dishonesty, or corruption.
15. The commission of any act involving moral turpitude or dishonesty, whether the act is
committed in the course of the individual's activities as an optometrist or otherwise.
16. The inability to practice optometry with reasonable skill and safety by reason of illness, use of
drugs, narcotics, chemicals, or any other type of material, or as a result of any mental or
physical condition.
17. The violation of any state or federal statute or regulation relating to controlled substances.
18. The unlawful prescription, sale, administration, distribution, or gift of any drug legally classified
as a controlled substance or as an addictive or dangerous drug.
19. The lack of appropriate documentation in medical records for diagnosis, testing, and treatment
of patients.
20. The failure to transfer medical records to another optometrist or to supply copies thereof to the
patient or to the patient's representative when requested to do so in writing by the patient or
the patient's designated representative. A reasonable charge for record copies may be
assessed.
21. The willful or negligent violation of the confidentiality between doctor and patient, except as
required by law.
22. A continued pattern of inappropriate care.
23. Gross negligence in the practice of optometry.
24. The administration of treatment or the use of diagnostic or therapeutic procedures which are
clearly excessive according to customary practices and standards.
25. Aiding or abetting the practice of optometry by an unlicensed, incompetent, or impaired
person or the failure to properly monitor an assistant.
26. Practicing or offering to practice beyond the scope permitted by law, or accepting and
performing professional responsibilities which a licensee knows or has reason to know that the

licensee is not competent to perform, or performing without adequate consultation
professional services which a licensee is authorized to perform only in consultation with a
licensed optometrist or medical doctor, except in an emergency situation where a person's life
or health is in danger.
27. The representation to a patient that a manifestly incurable condition, sickness, disease, or
injury can be cured.
28. Physical or verbal harassment, abuse, misconduct, or exploitation related to the licensee's
practice of optometry.
29. The payment or receipt, directly or indirectly, of any fee, commission, rebate, or other
compensation for optometric services not actually or personally rendered, or for patient
referrals; this prohibition does not affect the lawful distributions of professional partnerships,
corporations, limited liability companies, or associations.
30. The offering, delivering, receiving, or accepting of any rebate, refund, commission, preference,
patronage, dividend, discount, or other consideration as compensation or inducement for
referring patients to any person.
31. The employment or use of persons known as cappers or steerers to obtain business.
32. Participation in agreements or arrangements with any person, corporation, limited liability
company, partnership, association, firm, or others involving rebates, kickbacks, fee-splitting, or
special charges in exchange for professional optometric services, including the giving, selling,
donating, or otherwise furnishing or transferring, or the offer to give, sell, donate, or otherwise
furnish or transfer money, goods, or services free or below cost to any person as
compensation or inducement for placement of business with that optometric office or
optometrist.
33. Advertising or soliciting for patronage that is not in the public interest, which includes:
a. Advertising or soliciting which is false, fraudulent, deceptive, or misleading.
b. Advertising or soliciting which guarantees any service or result.
c. Advertising or soliciting which makes any claim relating to professional services or
products or the cost or price thereof which cannot be substantiated by the licensee.
d. Advertising or soliciting which makes claims of professional superiority which cannot be
substantiated by the licensee.
34. The violation of any action, stipulation, condition, or agreement imposed by the board.
35. The failure to furnish the board, its investigators, or representatives information legally
requested.
36. The imposition by another state or jurisdiction of disciplinary action against a licensee based
upon acts or conduct by the optometrist that would constitute grounds for disciplinary action
as set forth in this section. A certified copy of the record of disciplinary action taken by the
other state or jurisdiction is conclusive evidence of that action.
History: Effective January 1, 1995.
General Authority: NDCC 43-13-13
Law Implemented: NDCC 43-13-21.1, 43-13-22, 43-13-26.1

### § 56-02-06-05. Disciplinary reports.

Every optometrist shall promptly report to the secretary of the board any disciplinary action brought
against such optometrist by any state or federal board or agency.
History: Effective January 1, 1995.
General Authority: NDCC 43-13-13
Law Implemented: NDCC 43-13-21.1, 43-13-22, 43-13-26.1
