(A) In addition to the grounds for disciplinary action provided in Section 40-1-110, the board may revoke, suspend, or otherwise restrict or limit the license of an optician or reprimand or otherwise discipline a licensee when it is established upon a satisfactory showing to the board that the licensee:
(1) has been convicted of a felony or crime involving moral turpitude. Forfeiture of a bond or a plea of nolo contendere is considered a conviction;
(2) has knowingly performed an act which in any way assists a person to practice opticianry illegally;
(3) has caused to be published or circulated directly or indirectly fraudulent, false, or misleading statements as to the skill or methods of practice of an optician;
(4) has failed to provide and maintain reasonable sanitary facilities;
(5) is guilty of obtaining fees or assisting in obtaining fees under deceptive, false, or fraudulent circumstances;
(6) has violated a provision of this chapter or a regulation promulgated under this chapter; or
(7) has been guilty of using third-party solicitation which is untruthful, deceptive, and coercive to obtain patronage.
(B) In addition to all other remedies and actions provided for in this chapter, the license of an optician adjudged mentally incompetent by a court of proper jurisdiction automatically must be suspended by the board until the optician is adjudged by a court of competent jurisdiction or in any other manner provided by law as being restored to mental competency.
HISTORY: 1998 Act No. 426, Section 1.
Editor's Note
Prior Laws:1982 Act No. 396, Section 1; 1976 Code Section 40-38-220.
Structure South Carolina Code of Laws
Title 40 - Professions and Occupations
Section 40-38-5. Application of chapter; conflict of laws.
Section 40-38-10. Board of Examiners in Opticianry; membership; nominations; terms; removal.
Section 40-38-20. Definitions.
Section 40-38-30. Unlawful to practice opticianry without license.
Section 40-38-50. Administration of Board by Department of Labor, Licensing and Regulation.
Section 40-38-60. Adoption of bylaws to govern board proceedings.
Section 40-38-70. Board responsibilities regarding examinations, investigations, and prosecutions.
Section 40-38-80. Collection of evidence for investigations and other board proceedings.
Section 40-38-100. Injunctive actions allowed by board.
Section 40-38-115. Jurisdiction of board.
Section 40-38-120. Disciplinary actions permitted by board; procedures.
Section 40-38-130. Denial of license on same grounds as for disciplinary actions.
Section 40-38-140. Denial of license based on prior criminal record.
Section 40-38-150. Voluntary surrender of license by licensee under investigation.
Section 40-38-160. Right of aggrieved person to seek review of board decision.
Section 40-38-170. Payment of investigation and prosecution costs by violator.
Section 40-38-180. Collection of costs and fines.
Section 40-38-190. Confidentiality of proceedings under provisions of this chapter.
Section 40-38-200. Violations; penalty.
Section 40-38-210. Additional civil penalties and injunctive relief.
Section 40-38-240. Qualifications for licensure as optician or contact lens optician.
Section 40-38-250. Apprentices and apprenticeships; promulgation of regulations.
Section 40-38-320. Use of third-party solicitations; restrictions.
Section 40-38-350. Display of certificate of licensure; effect of failure to display certificate.
Section 40-38-360. Service of required notices; prima facie evidence.
Section 40-38-370. Persons excepted from application of chapter.