Hawaii Administrative Rules
Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
Chapter 92 - OPTOMETRISTS
Subchapter 11 - GROUNDS FOR REFUSAL TO ADMIT TO EXAMINATION, REFUSAL TO ISSUE LICENSE OR CERTIFICATE, REVOCATION, SUSPENSION, REFUSAL TO RENEW
Section 16-92-52 - Grounds for refusal to issue license or certificate, revocation, suspension, refusal to renew

(1) Presentation to the board of any certificate or testimony or information which was untrue in any material respect or illegally or fraudulently obtained, or when fraud or deceit has been practiced in obtaining any license or certificate under this chapter or in passing an examination;

(2) Conduct of a character likely to deceive or defraud the public, or habits of intemperance or drug addiction calculated to destroy the accuracy of the work of an optometrist, or professional misconduct, or gross carelessness or negligence, or manifest incapacity in the practice of optometry;

(3) Advertising by means of false and deceptive statements or by statements which tend to deceive or defraud;

(4) Directly or indirectly accepting or offering employment to practice optometry from, or to any person not having a valid, unrevoked, and unsuspended license or from any company or corporation, excepting health maintenance organizations;

(5) Soliciting or receiving, directly or indirectly, any price differential, rebate, refund, discount, commission, credit, kickback, or other allowance, whether in the form of money or otherwise, from a dispensing optician for or on account of referring or sending to the dispensing optician of any intended or prospective wearer or user of any article or appliance prepared or furnished by a dispensing optician, or for or on account of any service or article furnished by the dispensing optician to any intended or prospective wearer or user;

(6) Using any name in connection with the licensee's practice other than the name under which the licensee is licensed to practice, or using any advertising which fails to clearly identify the individual licensee or which is ambiguous or misleading as to the licensee's identity;

(7) Employing or utilizing any unlicensed individual to perform optometric services in connection with refraction or visual training without directly and personally supervising the individuals in the performance of the services;

(8) Utilizing pharmaceutical agents without first being certified by the board to do so, or utilizing pharmaceutical agents for purposes other than those as specified in chapter 459, HRS;

(9) Failing to refer a patient to an appropriate licensed physician upon discovery, by history or examination, that the patient evidences an ocular abnormality or symptoms of systemic disease requiring further diagnosis and possible treatment by a licensed physician;

(10) Being convicted, whether by nolo contendere or otherwise, of a penal offense substantially related to the qualifications, functions or duties in the practice of optometry notwithstanding any statutory provision to the contrary; and

(11) Failing to report any disciplinary action taken against the licensee in another jurisdiction to the board within thirty days of the disciplinary action.