Section 16-92-49 - Actions which constitute professional misconduct, gross carelessness or negligence, or manifest incapacity in the practice of optometry Professional misconduct, gross carelessness or negligence, or manifest incapacity in the practice of optometry includes, but shall not be limited to, any of the following:
(1) Fraudulent or deceptive procurement or use of a license or certificate;(2) Making or filing a false report or records in the practice of optometry, wilfully impeding or obstructing the proper making and filing of reports or records, or wilfully failing to file the proper report or record;(3) Exercising undue influence on a person using the licensee's services, or promoting the sale or use of services or goods in a manner which exploits a person for the financial gain of the practitioner or third party;(4) Failure to comply with provisions of federal law or state statute governing the practice of optometry;(5) Conviction of a crime related to the practice of optometry;(6) Failing to make available, upon request of a person using the licensee's services, or the person's designee, copies or summaries of documents in the possession and under the control of the licensee, when those documents have been prepared by the licensee relating to the licensee's services performed for the person;(7) Practicing optometry when medically unfit to do so; and(8) Malpractice, or an act or acts below the standard of care held by practitioners in the same community.[Eff and comp 10/31/86; comp 5/19/89; am and comp 4/21/97; am and comp 7/23/99; comp 6/3/02; comp 11/1/10] (Auth: HRS § 459-4) (Imp: HRS § 459-9)