eLaws of Florida

  SECTION 484.014. Disciplinary actions.  


Latest version.
  • 1(1) 2The following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 19456.072(2)20:
    21(a) 22Procuring or attempting to procure a license by misrepresentation, bribery, or fraud or through an error of the department or the board.
    44(b) 45Procuring or attempting to procure a license for any other person by making or causing to be made any false representation.
    66(c) 67Making or filing a report or record which the licensee knows to be false, intentionally or negligently failing to file a report or record required by federal or state law, willfully impeding or obstructing such filing, or inducing another person to do so. Such reports or records shall include only those which the person is required to make or file as an optician.
    130(d) 131Failing to make fee or price information readily available by providing such information upon request or upon the presentation of a prescription.
    153(e) 154Advertising goods or services in a manner which is fraudulent, false, deceptive, or misleading in form or content.
    172(f) 173Fraud or deceit, or negligence, incompetency, or misconduct, in the authorized practice of opticianry.
    187(g) 188Practicing with a revoked, suspended, inactive, or delinquent license.
    197(h) 198Violation of a lawful order of the board or department previously entered in a disciplinary hearing or failing to comply with a lawfully issued subpoena of the department.
    226(i) 227Violation of any provision of s. 233484.012234.
    235(j) 236Conspiring with another licensee or with any person to commit an act, or committing an act, which would coerce, intimidate, or preclude another licensee from lawfully advertising her or his services.
    267(k) 268Willfully submitting to any third-party payor a claim for services which were not provided to a patient.
    285(l) 286Failing to keep written prescription files.
    292(m) 293Willfully failing to report any person who the licensee knows is in violation of this part or of rules of the department or the board.
    318(n) 319Exercising influence on a client in such a manner as to exploit the client for financial gain of the licensee or of a third party.
    344(o) 345Gross or repeated malpractice.
    349(p) 350Permitting any person not licensed as an optician in this state to fit or dispense any lenses, spectacles, eyeglasses, or other optical devices which are part of the practice of opticianry.
    381(q) 382Being convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, in a court of this state or other jurisdiction, a crime which relates to the ability to practice opticianry or to the practice of opticianry.
    424(r) 425Having been disciplined by a regulatory agency in another state for any offense that would constitute a violation of Florida law or rules regulating opticianry.
    450(s) 451Being unable to practice opticianry with reasonable skill and safety by reason of illness or use of drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition. An optician affected under this paragraph shall at reasonable intervals be afforded an opportunity to demonstrate that she or he can resume the competent practice of opticianry with reasonable skill and safety to her or his customers.
    524(t) 525Violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto.
    540(2) 541The board may enter an order denying licensure or imposing any of the penalties in s. 557456.072(2) 558against any applicant for licensure or licensee who is found guilty of violating any provision of subsection (1) of this section or who is found guilty of violating any provision of s. 590456.072(1)591.
    592(3) 593The board shall not reinstate the license of an optician it has deemed unqualified until such time as it is satisfied that the optician has complied with all the terms and conditions set forth in the final order and that such person is capable of safely engaging in the practice of opticianry.
    645(4) 646A permitholder under this part shall be subject to the provisions of this section which shall be enforced by the department.
History.-ss. 1, 5, ch. 79-275; ss. 2, 3, ch. 81-318; ss. 7, 11, 12, ch. 86-254; s. 4, ch. 91-429; s. 248, ch. 94-119; s. 5, ch. 94-192; s. 449, ch. 97-103; s. 140, ch. 98-166; s. 198, ch. 2000-160; s. 46, ch. 2000-318; s. 49, ch. 2001-277; s. 24, ch. 2005-240.

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