Section 1 -
The following acts on the part of any licensed optometrist shall
be deemed by the Board to be unprofessional conduct.
A. The violation of any of the provisions of
Act 94 of 1941, as amended by Act 102 of 1957, Act 710 of 1979, Act 875 of
1985, Act 101 of 1987 and Acts 176/186 of 1997.
B. The violation of any of the rules and
regulations promulgated by this Board.
C. For any optometrist to fraudulently
represent or misrepresent any fact concerning his professional activities
toward his patient.
D. False or
fraudulent representation, or misrepresentation, of the quality or
effectiveness of materials used by such optometrist.
E. For any optometrist to treat or prescribe
for a patient when he is grossly incompetent to do so.
F. For any optometrist to make an exorbitant
or unreasonable charge for materials or services rendered, or furnished by him,
to his patients.
G. For any
optometrist to be convicted of a felony or to be identified by the Board as
impaired. "Impaired" shall mean the presence of active alcoholism, substance
(drug) abuse, and/or any other mental illness resulting in professional
incompetence (i.e.. the inability or failure of practitioner to practice
optometry with reasonable skill and safety).
H. For any optometrist to accept employment
from an unlicensed person or corporation to engage in the practice of
optometry.
I. For any optometrist
to advertise in any manner any fraudulent, false, or misleading statement as to
the skill or method of his practice, or to advertise in any manner that tends
to deceive or mislead the public.
J. For any optometrist to advertise or
represent that he possesses a peculiar or particular technique or degree of
training which makes him superior to, or more effective, in the practice of
optometry than other optometrists.
K. For any optometrist to fail to keep secret
and inviolate all information of a personal nature obtained by him while acting
in his professional capacity.
L.
For any optometrist to exaggerate the visual defects of a patient, but on the
other hand must reveal in a fair and candid manner the actual condition of the
patient, if requested to do so.
M.
For any optometrist to use an unprofessional display sign of any type,
provided, however, paint, gold-leaf, or other forms of lettering on windows,
doors or walls may be used setting forth the name and title "Optometrist" or
"Doctor of Optometry" or the abbreviation "O.D.," provided further, due to
multiple practices when an O.D. does one thing and the other does another, and
further, due to offices located in shopping centers and located away from the
street, it would be considered professional and ethical for a sign in small
letters to be placed near the street, also on building where office is located;
be it further considered professional, due to professional corporation Act,
that the sign may read as follows:
1. (Last
Name) - Optometric Vision Clinic
2.
(Full Name) - O.D. or Doctor of Optometry
3. (Full Name) - Optometrist, O.D., or Doctor
of Optometry NOT ALL
4. If
incorporated, P.A., P.C., or LTD, follows O.D. or incorporated name.
N. For any optometrist to practice
under any name other than his own proper name.
O. The receipt, directly or indirectly, of
any rebate, commission, refund, or discount from any person, firm, or
corporation who supplies and/or dispenses ophthalmic materials directly to the
optometrist's patient, whether said rebate, commission, refund, or discount in
the form of money, property, or other financial considerations, whether it be
based upon a percentage or upon the difference between so-called wholesale and
retail price, or otherwise.
It is determined by the Board that the preceding acts are
unethical and constitute unprofessional conduct, and shall be discontinued
forthwith under penalty of revocation or suspension of license and/or fines for
violation thereof.
P.
Arkansas Code Annotated §
17-90-305
provides that the Board may discipline an optometrist for exhibiting
unprofessional conduct. Any prescription written by a licensed optometrist in
the State of Arkansas will contain and comply with the following:
The name of the prescribing optometrist must be printed on each
prescription in a legible manner.
The address and telephone number of the prescribing optometrist
must be placed on the type printed form on the prescription.
The State license number as issued by the Arkansas State Board of
Optometry to the prescribing optometrist must be clearly written on the
prescription.
The prescribing optometrist must place his signature on each
prescription.
The body of the prescription must be legible in order to clearly
communicate the quantity and strength of the substance or item to be prescribed
as well as any instructions for a medication or use of the item in order to
insure safety of the patient.
That the name of the patient for whom the prescription is written
must be clearly printed on the prescription.
The date that the prescription is given to the patient must be
written on the prescription.
An optometrist would be considered as exhibiting unprofessional
conduct if he does not comply with the above state requirements in writing
prescriptions.
Q.
An optometrist will have twenty-four hour access to his office and patient
records, so that he may provide emergency services to patients when necessary.
A failure to have such access would be considered as unprofessional conduct and
of a danger and harm to his patients.
