The board may refuse to grant a license or may impose disciplinary action as described in section 148.607 against any optometrist for the following:
(1) failure to demonstrate the qualifications or satisfy the requirements for a license contained in this chapter or in rules of the board. The burden of proof shall be on the applicant to demonstrate the qualifications or the satisfaction of the requirements;
(2) obtaining a license by fraud or cheating, or attempting to subvert the licensing examination process. Conduct which subverts or attempts to subvert the licensing examination process includes, but is not limited to: (i) conduct which violates the security of the examination materials, such as removing examination materials from the examination room or having unauthorized possession of any portion of a future, current, or previously administered licensing examination; (ii) conduct which violates the standard of test administration, such as communicating with another examinee during administration of the examination, copying another examinee's answers, permitting another examinee to copy one's answers, or possessing unauthorized materials; or (iii) impersonating an examinee or permitting an impersonator to take the examination on one's own behalf;
(3) conviction, during the previous five years, of a felony or gross misdemeanor, reasonably related to the practice of optometry. Conviction as used in this section shall include a conviction of an offense which if committed in this state would be deemed a felony or gross misdemeanor without regard to its designation elsewhere, or a criminal proceeding where a finding or verdict of guilt is made or returned but the adjudication of guilt is either withheld or not entered thereon;
(4) revocation, suspension, restriction, limitation, or other disciplinary action against the person's optometry license in another state or jurisdiction, failure to report to the board that charges regarding the person's license have been brought in another state or jurisdiction, or having been refused a license by any other state or jurisdiction;
(5) advertising which is false or misleading, which violates any rule of the board, or which claims without substantiation the positive cure of any disease;
(6) violating a rule adopted by the board or an order of the board, a state or federal law, which relates to the practice of optometry, or a state or federal narcotics or controlled substance law;
(7) engaging in any unethical conduct; conduct likely to deceive, defraud, or harm the public, or demonstrating a willful or careless disregard for the health, welfare, or safety of a patient; or practice of optometry which is professionally incompetent, in that it may create unnecessary danger to any patient's life, health, or safety, which in any of the cases, proof of actual injury need not be established;
(8) failure to supervise an optometrist's assistant or failure to supervise an optometrist under any agreement with the board;
(9) aiding or abetting an unlicensed person in the practice of optometry, except that it is not a violation of this section for an optometrist to employ, supervise, or delegate functions to a qualified person who may or may not be required to obtain a license or registration to provide health services if that person is practicing within the scope of that person's license or registration or delegated authority;
(10) adjudication as mentally incompetent, mentally ill, or developmentally disabled, or as a chemically dependent person, a person dangerous to the public, a sexually dangerous person, or a person who has a sexual psychopathic personality by a court of competent jurisdiction, within or without this state. Such adjudication shall automatically suspend a license for the duration of the license unless the board orders otherwise;
(11) engaging in unprofessional conduct which includes any departure from or the failure to conform to the minimal standards of acceptable and prevailing practice in which case actual injury to a patient need not be established;
(12) inability to practice optometry with reasonable skill and safety to patients by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition, including deterioration through the aging process or loss of motor skills;
(13) revealing a privileged communication from or relating to a patient except when otherwise required or permitted by law;
(14) improper management of medical records, including failure to maintain adequate medical records, to comply with a patient's request made pursuant to sections 144.291 to 144.298 or to furnish a medical record or report required by law;
(15) fee splitting, including without limitation:
(i) paying, offering to pay, receiving, or agreeing to receive a commission, rebate, or remuneration, directly or indirectly, primarily for the referral of patients or the prescription of drugs or devices; and
(ii) dividing fees with another optometrist, other health care provider, or a professional corporation, unless the division is in proportion to the services provided and the responsibility assumed by each professional and the optometrist has disclosed the terms of the division;
(16) engaging in abusive or fraudulent billing practices, including violations of the federal Medicare and Medicaid laws or state medical assistance laws;
(17) becoming addicted or habituated to a drug or intoxicant;
(18) prescribing a drug or device for other than accepted therapeutic or experimental or investigative purposes authorized by the state or a federal agency;
(19) engaging in conduct with a patient which is sexual or may reasonably be interpreted by the patient as sexual, or in any verbal behavior which is seductive or sexually demeaning to a patient;
(20) failure to make reports as required by section 148.604 or to cooperate with an investigation of the board as required by section 148.606;
(21) knowingly providing false or misleading information that is directly related to the care of a patient; and
(22) practice of a board-regulated profession under lapsed or nonrenewed credentials.
2000 c 413 s 2; 2003 c 66 s 3; 2015 c 71 art 10 s 10
Structure Minnesota Statutes
Chapter 148 — Public Health Occupations
Section 148.01 — Chiropractic.
Section 148.02 — Chiropractors; State Board Of Examiners.
Section 148.031 — Continuing Education.
Section 148.032 — Registration In Animal Chiropractic Diagnosis And Treatment.
Section 148.033 — Animal Chiropractic Continuing Education Hours.
Section 148.035 — Separate Treatment Room Required.
Section 148.05 — License And Fee.
Section 148.06 — Application; Examination; License; Fee.
Section 148.07 — Renewal Fees; Expenses.
Section 148.09 — Independent Examination.
Section 148.10 — Licenses Revoked; New Licenses.
Section 148.102 — Reports Of State Or Local Societies.
Section 148.103 — Immunity For Reporting Or Investigating.
Section 148.104 — Cooperation During Investigations.
Section 148.106 — Peer Review Of Services And Fees.
Section 148.107 — Record Keeping.
Section 148.171 — Definitions; Title.
Section 148.181 — Board Of Nursing Membership, Vacancies, Disclosure.
Section 148.191 — Officers; Staff; Powers.
Section 148.212 — Temporary Permit.
Section 148.231 — Registration; Failure To Register; Reregistration; Verification.
Section 148.233 — Identification Of Certified Registered Nurses.
Section 148.234 — State Boundaries Consideration.
Section 148.235 — Prescribing Drugs And Therapeutic Devices.
Section 148.243 — Fee Amounts.
Section 148.251 — Nursing Program.
Section 148.261 — Grounds For Disciplinary Action.
Section 148.263 — Reporting Obligations.
Section 148.265 — Nurse Cooperation.
Section 148.266 — Disciplinary Record On Judicial Review.
Section 148.267 — Reports To Commissioner Of Health.
Section 148.281 — Violations; Penalty.
Section 148.285 — Transfer Of Assets.
Section 148.512 — Definitions.
Section 148.513 — Licensure; Protected Titles And Restrictions On Use; Exemptions.
Section 148.514 — General Licensure Requirements; Procedures And Qualifications.
Section 148.515 — Qualifications For Licensure.
Section 148.516 — Licensure By Equivalency.
Section 148.5161 — Clinical Fellowship Licensure Or Doctoral Externship Licensure.
Section 148.517 — Licensure By Reciprocity.
Section 148.5175 — Temporary Licensure.
Section 148.518 — Licensure Following Lapse Of Licensure Status.
Section 148.519 — Licensure Procedures.
Section 148.5191 — Licensure Renewal.
Section 148.5192 — Speech-language Pathology Assistants.
Section 148.5193 — Continuing Education Requirements.
Section 148.5195 — Investigation Process And Grounds For Disciplinary Action.
Section 148.5196 — Speech-language Pathologist And Audiologist Advisory Council.
Section 148.5197 — Hearing Aid Dispensing.
Section 148.5198 — Restriction On Sale Of Hearing Aids.
Section 148.52 — Board Of Optometry.
Section 148.53 — Powers Of Board.
Section 148.56 — Optometrists.
Section 148.574 — Prohibitions Relating To Legend Drugs.
Section 148.575 — Certificate Required For Use Of Legend Drugs.
Section 148.577 — Standard Of Care.
Section 148.59 — License Renewal; License And Registration Fees.
Section 148.595 — Temporary Military Permit; Fee.
Section 148.603 — Grounds For Disciplinary Action.
Section 148.604 — Reporting Obligations.
Section 148.606 — Optometrist Cooperation.
Section 148.607 — Disciplinary Actions.
Section 148.621 — Definitions.
Section 148.622 — Board Of Dietetics And Nutrition Practice.
Section 148.623 — Duties Of The Board.
Section 148.624 — Licensure; Renewal.
Section 148.625 — Application.
Section 148.626 — Continuing Education Required.
Section 148.628 — Reciprocity.
Section 148.629 — Denial, Suspension, Or Revocation.
Section 148.630 — License Required.
Section 148.632 — Exemptions; Voluntary Licensing.
Section 148.633 — Disposition Of Funds.
Section 148.634 — Prescription Protocol.
Section 148.6402 — Definitions.
Section 148.6403 — Licensure; Protected Titles And Restrictions On Use; Exempt Persons; Sanctions.
Section 148.6404 — Scope Of Practice.
Section 148.6405 — Licensure Application Requirements: Procedures And Qualifications.
Section 148.6408 — Qualifications For Occupational Therapist.
Section 148.6410 — Qualifications For Occupational Therapy Assistants.
Section 148.6412 — Licensure By Equivalency.
Section 148.6415 — Licensure By Reciprocity.
Section 148.6418 — Temporary Licensure.
Section 148.6420 — Application Requirements.
Section 148.6423 — Licensure Renewal.
Section 148.6425 — Renewal Of Licensure; After Expiration Date.
Section 148.6428 — Change Of Contact Information Or Employment.
Section 148.6430 — Delegation Of Duties; Assignment Of Tasks.
Section 148.6432 — Supervision Of Occupational Therapy Assistants.
Section 148.6435 — Coordination Of Services.
Section 148.6438 — Recipient Notification.
Section 148.6443 — Continuing Education Requirements.
Section 148.6449 — Board Of Occupational Therapy Practice.
Section 148.66 — State Board Of Physical Therapy, Duties.
Section 148.67 — State Board Of Physical Therapy; Membership Appointments, Vacancies, Removals.
Section 148.691 — Officers; Executive Director.
Section 148.70 — Applicants, Qualifications.
Section 148.705 — Application.
Section 148.706 — Physical Therapist Assistants, Aides, And Students.
Section 148.71 — Temporary Permits.
Section 148.721 — Educational Requirements For Licensed Physical Therapist.
Section 148.722 — Educational Requirements For Licensed Physical Therapist Assistant.
Section 148.723 — Examination For Licensed Physical Therapist.
Section 148.724 — Examination For Licensed Physical Therapist Assistant.
Section 148.725 — Requirements For Foreign-educated Applicants.
Section 148.735 — Cancellation Of License In Good Standing.
Section 148.736 — Cancellation Of Credentials Under Disciplinary Order.
Section 148.737 — Cancellation Of License For Nonrenewal.
Section 148.741 — Applicability Of Rules.
Section 148.75 — Disciplinary Action.
Section 148.754 — Examination; Access To Medical Data.
Section 148.755 — Temporary Suspension Of License.
Section 148.76 — Prohibited Conduct.
Section 148.78 — Prosecution, Allegations.
Section 148.7802 — Definitions.
Section 148.7803 — Prohibited Practice Or Use Of Titles; Penalty.
Section 148.7804 — Powers Of The Board.
Section 148.7805 — Athletic Trainers Advisory Council.
Section 148.7806 — Athletic Training.
Section 148.7807 — Limitations On Practice.
Section 148.7808 — Licensure; Requirements.
Section 148.7809 — License Renewal.
Section 148.7810 — Board Action On Applications.
Section 148.7811 — Change Of Address.
Section 148.7812 — Continuing Education Requirements.
Section 148.7813 — Disciplinary Process.
Section 148.7814 — Applicability.
Section 148.881 — Declaration Of Policy.
Section 148.90 — Board Of Psychology.
Section 148.905 — Duties Of The Board.
Section 148.9051 — Psychology Interjurisdictional Compact (psypact).
Section 148.907 — Licensed Psychologist.
Section 148.9075 — Exemptions To License Requirement.
Section 148.9077 — Relicensure.
Section 148.909 — Licensure For Volunteer Practice.
Section 148.9105 — Emeritus Registration.
Section 148.911 — Continuing Education.
Section 148.915 — Reciprocity.
Section 148.916 — Guest Licensure.
Section 148.925 — Supervision.
Section 148.941 — Disciplinary Action; Investigation; Penalty For Violation.
Section 148.96 — Presentation To Public.
Section 148.965 — Test Security.
Section 148.975 — Duty To Warn; Limitation On Liability; Violent Behavior Of Patient.
Section 148.98 — Rules Of Conduct.
Section 148.995 — Definitions.
Section 148.9965 — Designation Of Doula Certification Organizations By Commissioner.