Current through Register Vol. 51, No. 19, September 20, 2024
A. If the Board imposes a period of probation
as a sanction, the Board may impose conditions of probation which the Board
deems appropriate, including:
(1)
Re-education or completion of approved courses;
(3) Providing free optometric services in a
Board-approved program;
(4)
Practicing under supervision;
(5)
Monitoring by the Board or by an individual or entity approved by the Board
with periodic reporting to the Board;
(6) Periodic review of a licensee's clinical
practices or billing;
(7) Periodic
audits of a licensee's billing practices;
(8) An examination by a physician or other
appropriate health care provider;
(9) Limitation of the licensee's
practice;
(10) Obtaining a passing
score on an appropriate examination; or
(11) Any other condition the Board deems
appropriate for the rehabilitation or retraining of a licensee.
B. A term of probation may be
defined by a specific period of time or the successful completion of certain
conditions or acts by the licensee.
C. A licensee seeking termination of
probation shall do so only by petitioning the Board to lift the probation when
the:
(1) Specific period of time has passed;
or
(2) Licensee has successfully
completed the conditions or acts required for termination.
D. If, at any time, the Board determines that
the licensee is not in compliance with the conditions of probation, the Board
shall:
(1) Charge the licensee with a
violation of probation;
(2) Take
any action provided for in the final order or consent order in the event of a
violation of probation, including suspension of the license;
(3) Consider a summary suspension of the
license; or
(4) Take any other
action the Board deems appropriate and which the Board is authorized to take by
law.
E. Charges for
Violation of Probation.
(1) If the Board
issues charges for a violation of probation, the service shall be as provided
for in Regulation .05C(1) and (3) of this chapter.
(2) The charging document for a violation of
probation shall:
(a) Inform the respondent of
the statutory provision, condition of probation, or provision of the Board's
order which the Board believes has been violated;
(b) Allege facts that constitute a basis for
a violation of probation; and
(c)
Notify the respondent of any proceedings scheduled before the Board or of an
opportunity to request a hearing within a certain period of time and the
consequences of failing to appear for those proceedings or to request a
hearing.
(3) If the
respondent requests a hearing on the charge of a violation of probation, the
Board shall, before the hearing, provide the respondent with a case resolution
conference as provided in Regulation .05E of this chapter, to discuss
settlement of the matter.
F. Violation of Probation Hearing. A hearing
for a violation of probation shall be held as set out in Regulation .06B of
this chapter.
G. If the Board
determines that the respondent has violated probation, the Board shall:
(1) Take any action provided for in the
consent order or final order in the event of a violation of
probation;
(2) Impose additional
conditions of probation; or
(3)
Impose any sanction or take any other action that the Board deems appropriate
and is authorized to take by law.