Diagnosing eye problems and helping a patient improve his/her eyesight requires extensive skills and experience. To become a licensed optometrist, you must undergo several years of education and pass national board exams. Once you receive your optometrist license, your entire livelihood will depend on keeping it and maintaining a positive reputation among your clients. Unfortunately, a single complaint or misunderstanding between you and your patient could turn your hard-earned career upside down.

In the wake of grave allegations, especially those that involve negligence, fraud, or sexual misconduct, the licensing board could suspend or revoke your optometrist license, affecting your source of income. However, the allegations you are up against as a licensed optometrist do not have to result in revocation or suspension of your practice license.

With the help of our qualified attorneys at Fresno License Attorney, you could avoid these harsh disciplinary actions or secure a lighter disciplinary action. Having a reliable attorney in your corner can reduce the impact of the licensing board investigation and possibly save your hard-earned career.

Valuable Roles of a Licensed Optometrist

Sight is undoubtedly one of the most valuable senses in the human body, making eye care one of the top health priorities. Many of us overlook the benefits of having proper eyesight until we develop an eye complication, and that is when we realize how vital optometrists are in our communities. Below are some of the valuable roles of these specialists:

  • Diagnosing eye problems, including glaucoma, astigmatism, and myopia
  • Performing comprehensive vision and eye tests
  • Prescribing medications, eyeglasses, and contact lenses

Diagnosing sight problems, analyzing a patient's vision tests, and recommending the right medication, eyeglasses, or contact lenses require proper training, attentiveness, and the correct resources. With the new introduction of laser eye surgery, a reliable optometrist must have the proper experience, knowledge, and skills to use modern specialized equipment.

Acquiring this knowledge, skills, and experience takes several years of training and hard work to build trust and create a positive reputation among all your patients. Unfortunately, despite going through all these rigorous tests, training, and extensive licensing processes, one mistake or complaint by your client could jeopardize your practice license.

Loss of your practice license as an optometrist means you cannot legally offer your services to earn income to care for yourself and your loved ones. Luckily, with the help of a skilled attorney, you could challenge the allegations or complaints you are up against to secure a favorable outcome, including a dismissal of the case or a lighter disciplinary action.

Some mistakes, like misdiagnosis, should not make you lose your license. However, some patients can exaggerate the case’s facts, making the licensing board impose harsh disciplinary action against your optometrist practice license.

A profound attorney understands this and will thoroughly investigate the facts of your case to know viable legal defenses that can work in your favor to protect your practice license or secure a lighter disciplinary action.

The State Board of Optometry (CSBO) Mission

Unlike what many optometrists assume, the CSBO exists to protect consumers and patients from substandard or unsafe eye medical treatment and care. That means when a patient files a complaint against you, the CSBO will begin an investigation immediately to determine whether the allegations are substantial.

Although the board's primary mission is to protect the best interests of your patients and the general public, that does not necessarily mean its decisions must be against you. With the help of a seasoned attorney who understands the ins and outs of the board's disciplinary process, you could secure a favorable outcome.

Without a skilled attorney to help raise mitigating arguments, the board could believe the allegations you are up against to appease the public, which is unfair because you will face disciplinary actions for a mistake you did commit.

Any complaint or allegation the board receives against you, whether invalid or valid, is undoubtedly a threat to your optometrist practice license. That is why retaining the services of an experienced attorney to help tell your side of the story and negotiate a favorable outcome is vital.

Allegations or Complaints That Could Threaten Your Optometrist License

Most complaints or allegations that could put your practice at risk of revocation, suspension, or other disciplinary action involve violating the code of ethics and professional standards required by the board. Below are some of the common reasons that could attract the board's disciplinary actions against your optometrist license:

  • Insurance fraud — If you are facing fraud-related allegations like falsifying patients' records or overbilling insurance, the board could impose disciplinary action against your optometrist license.
  • Alcohol and substance abuse — The board could doubt your ability to offer optometry services effectively if you have a history of coming to work under the influence of alcohol or unlawful drugs.
  • Sexual misconduct — Allegations of sexual misconduct, like sexual harassment of patients and colleagues, could put your optometrist license at risk of suspension or revocation.
  • Gross negligence or incompetence — If you have a history of overprescribing, misdiagnosing, or failing to offer proper treatment to patients, the board could take disciplinary action against you.
  • Medical violations—Some medical violations that can attract the board’s disciplinary action include misusing prescription privileges, “pill practices,” and diverting medications for personal use.
  • A criminal conviction(s)—The board will likely revoke or suspend your optometrist license if you are guilty of a criminal offense, particularly one that is related to your services, like driving under the influence (DUI)

Generally speaking, these are not the only grounds or reasons the licensing board could take disciplinary action against your optometrist practice license. The same professional and ethical issues that could have caused the CSBO to reject your license application are often the same reasons that could cause license revocation, suspension, or any other form of disciplinary action.

If you believe someone could file a complaint against you or have received the board's notice of investigation, you should speak with a qualified attorney as soon as possible. Your attorney will help you prepare and file your defense response within fifteen (15) days of receiving the board's notice of investigation for the best possible outcome.

When you fail to file your defense response within this deadline, the licensing board could take disciplinary action against your optometrist license.

The Disciplinary Process in Optometry

When the board receives a complaint against you, it will appoint investigators to review it and determine whether the allegations you are up against are substantiated. Sometimes, the board will dismiss the allegations without formal accusation if they are unsubstantiated and unmerited.

However, if the board believes the allegations you are up against have some merit, it will either handle the issue internally or forward it to the attorney general for prosecution. Unless the alleged violation is a criminal offense, the CSBO will handle most complaints internally through a settlement or a formal hearing before an administrative law judge (ALJ).

With the help of your attorney, you can reach a fair settlement agreement with the board without having to go through the uncertainty of the formal hearing. Below are possible outcomes of a settlement negotiation:

  • Agree to pay a fine
  • Agree to specific probation terms and limits on your practice license
  • Agree to wear an electronic monitoring device and frequent check-ins with a probation officer
  • Completing continuing education

If settlement is not an option in your case, your attorney must be ready to challenge the allegations you are up against at a formal hearing before an ALJ. During this formal hearing, your attorney can present the following legal defenses to secure the best possible outcome:

  • You were not negligent
  • There is insufficient evidence to prove the allegations you are up against are true
  • You are a victim of false accusations

If it is impossible to obtain a dismissal of the case, your attorney's help will not end there. He/she can help present the following mitigating arguments to convince the ALJ you deserve the minimum or least harsh disciplinary action:

  • You do not have any criminal history or disciplinary action
  • You are remorseful for your misconduct or violation
  • You maintained utmost cooperation during the investigation process

The ALJ will also consider the prosecutor's aggravating evidence and arguments before determining appropriate disciplinary action for your offense, including:

  • You have a criminal background
  • The victim was a minor
  • You have a patterned behavior of similar or related offense
  • You refused to provide blood or urine tests after violating probation terms

If the board or ALJ determines that you cannot offer your services professionally and securely as required, you should expect any of the following disciplinary actions:

  • License revocation
  • License suspension
  • Formal reprimand
  • Probation
  • Fines
  • Restrictions on your license

How an Attorney Can Help Keep Your Optometrist License After Receiving the Board's Notice of Investigation

A skilled attorney can help protect your optometrist license and livelihood in various ways if you are under investigation for any professional misconduct or criminal offense. For example, you will rely on your attorney to do the following:

  • Negotiate with the ALJ or the board to secure a favorable settlement
  • Investigate the allegations and complaints you are up against and prepare appropriate defense arguments
  • Argue at the board formal hearing or in court to secure a dismissal of your charges or a lighter charge
  • Cross-examine the board's eyewitnesses and discredit them where necessary
  • Present legal defenses and mitigating arguments to help you secure a favorable outcome
  • Act as your legal voice in all your interactions with the board staff and its investigators
  • Represent you at every stage of the disciplinary process
  • Cite laws and regulations that could work in your favor to secure a favorable outcome
  • Handle all the appeals to have your license reinstated, if necessary

Your practice license as an optometrist is the source of your income and livelihood, but unfortunately, a single complaint of professional misconduct or criminal offense could easily jeopardize that livelihood.

Considering what is at stake, hiring a skilled attorney is not a decision you can overlook if you have received the CSBO’s notice of investigation or are under arrest for a criminal case related to your duties as an optometrist. A reliable attorney can help level the playing field against the investigating officers and the CSBO to increase your odds of securing a favorable outcome.

Tips That Can Help You Find a Dependable Attorney to Handle an Optometry Board Case

Not all attorneys have the skills necessary to handle optometry board cases. To reduce your options and find a reliable attorney without a hassle, you would want to consider the following factors:

Consider the Attorney's Experience

Ensure the attorney you hire has experience representing clients with optometry board cases and a provable record of success.

Consider the Attorney’s Availability

Look for an attorney with a flexible work schedule and few clients to be sure he/she will dedicate maximum attention to your unique case.

Consider the Attorney's Reputation

The attorney's reputation can speak volumes about the quality and reliability of his/her services. Look for an attorney with a positive reputation among his/her past clients. To know whether or not your prospective client is reputable, you would want to consider his/her past client reviews on his/her social media platforms and website.

If the attorney has several negative reviews or comments, you should consider that a red flag about his/her quality of services and find a different reputable attorney.

Consider the Attorney's Cost of Services

Finally, the attorney you choose eventually will depend on how much you plan to spend on legal services. Ensure you compare different attorneys' costs before settling with the services of any attorney to find one that suits your budget.

Find a License Defense Attorney Near Me

Dealing with law enforcement officers, the CSBO’s investigators, and the ALJ can be confusing and intimidating, especially if it is your first time. However, the process does not have to be intimidating with a reliable attorney in your corner.

We invite you to call our profound attorneys at Fresno License Attorney at 559-777-7040 if you are under investigation for any professional misconduct issue or criminal allegations that could threaten or jeopardize your optometry license.