Section 12-275-120 - Unprofessional conduct - definitions(1) The term "unprofessional conduct", as used in this article 275, means: (a) Deceiving or attempting to deceive the board or its agents with reference to any proper matter under investigation by the board;(b) Publishing or circulating, directly or indirectly, any fraudulent, false, deceitful, or misleading claims or statements relating to optometry services or ophthalmic materials or devices;(c) Employing or offering compensation or merchandise of value to any salesperson, runner, patient, or other person as an inducement to secure his or her services or assistance in the solicitation of patronage for the performing, rendering, supplying, or selling of optometry services or ophthalmic materials or devices;(d) Resorting to fraud, misrepresentation, or deception in applying for, securing, renewing, or seeking reinstatement of a license or in taking any examination provided for in this article 275;(e) The habitual or excessive use or abuse of alcohol, a habit-forming drug, or any controlled substance as defined in section 18-18-102 (5); (f) Disobeying the lawful rule or order of the board or its officers;(g) Practicing optometry while one's license is suspended;(h) Practicing optometry as the partner, agent, or employee of or in joint venture or arrangement with any proprietor or with any person who does not hold a license to practice optometry within this state, except as permitted in section 12-275-124. Any licensee holding a license to practice optometry in this state may accept employment from any person, partnership, association, or corporation to examine and prescribe for the employees of the person, partnership, association, or corporation.(i) An act or omission constituting grossly negligent optometry practice or two or more acts or omissions that fail to meet generally accepted standards of optometry practice;(j) Sharing any professional fees with any person, partnership, or corporation that sends or refers patients to him or her, except with licensed optometrists with whom he or she may be associated in practice;(k) Failing to: (I) Notify the board, in a manner and within a period determined by the board, of a physical illness, physical condition, or behavioral, mental health, or substance use disorder that renders an optometrist unable to treat with reasonable skill and safety or that may endanger the health and safety of persons under the optometrist's care;(II) Act within the limitations created by a physical illness, physical condition, or behavioral, mental health, or substance use disorder that renders an optometrist unable to treat with reasonable skill and safety or that may endanger the health and safety of persons under the optometrist's care; or(III) Practice within the limitations created by the physical illness, physical condition, or behavioral, mental health, or substance use disorder as specified in a confidential agreement between the optometrist and the board entered into pursuant to sections 12-30-108 and 12-275-121 (5); (l) Failing to refer a patient to the appropriate health-care practitioner when the services required by the patient are beyond the scope of competency of the optometrist or the scope of practice of optometry;(m) Aiding or abetting, in the practice of optometry, any person not licensed to practice optometry as defined under this article 275 or any person whose license to practice is suspended;(n) Interfering with the free choice of any person selecting a physician or other health-care practitioner;(o) Any disciplinary action against a licensee to practice optometry in another state or country, which action shall be deemed to be prima facie evidence of unprofessional conduct if the grounds for the disciplinary action would be unprofessional conduct or otherwise constitute a violation of any provision of this article 275;(p) Failing to notify the board of a malpractice final judgment or settlement within thirty days;(q) Any act or omission that fails to meet generally accepted standards of care whether or not actual injury to a patient is established;(r) Conviction of a felony or the acceptance of a plea of guilty or nolo contendere, or a plea resulting in a deferred sentence to a felony;(s) Representing that a noncorrectable condition can be permanently corrected;(t) Knowingly making any false or fraudulent statement, written or oral, in connection with the practice of optometry, including falsifying or making incorrect essential entries or failing to make essential entries on patient records;(u) Conduct that is likely to deceive or defraud the public;(v) Negligent malpractice;(w)(I) Violation of abuse of health insurance pursuant to section 18-13-119; or(II) Advertising through newspapers, magazines, circulars, direct mail, directories, radio, television, or otherwise that the licensee will perform any act prohibited by section 18-13-119 (3); (x) Administering, dispensing, or prescribing any prescription drug, as defined in section 12-280-103 (42), or any controlled substance, as defined in section 18-18-102 (5), other than in the course of legitimate professional practice;(y) Engaging in any of the following activities and practices:(I) Repeatedly ordering or performing demonstrably unnecessary laboratory tests or studies that lack clinical justification;(II) Administering treatment that is demonstrably unnecessary and lacks clinical justification; or(III) Ordering or performing any service, X ray, or treatment that is contrary to recognized standards of the practice of optometry, as interpreted by the board, and lacks clinical justification;(z) Committing a fraudulent insurance act, as defined in section 10-1-128;(aa) Failing to report to the board any optometrist known to have violated or, upon information or belief, believed to have violated any of the provisions of this article 275;(bb) Failing to report to the board any surrender of a license to, or any adverse action taken against a licensee by another licensing agency in another state, territory, or country, any governmental agency, any law enforcement agency, or any court for acts of conduct that would constitute grounds for discipline under the provisions of this article 275;(cc) Engaging in a sexual act with a patient while a patient-optometrist relationship exists. For the purposes of this subsection (1)(cc): (I) "Patient-optometrist relationship" means that period of time beginning with the initial evaluation through the termination of treatment; and(II) "Sexual act" means sexual contact, sexual intrusion, or sexual penetration as defined in section 18-3-401.(dd) Failing to provide a patient with copies of patient medical records as required by section 25-1-802;(ee) Failing to provide a patient with a valid written contact lens prescription as required by section 12-275-119 (3); (ff) A violation of any provision of this article 275 or an applicable provision of article 20 or 30 of this title 12;(gg) Practicing beyond the scope of education and training prescribed by rules adopted by the board;(hh) Failing to respond in an honest, materially responsive, and timely manner to a complaint pursuant to section 12-275-122 (1)(b).Renumbered from C.R.S. § 12-40-118 and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.Amended by 2017 Ch. 263, § 68, eff. 5/25/2017.L. 61: p. 585, § 1. CRS 53: § 102-2-17. C.R.S. 1963: § 102-1-17. L. 79: Entire section R&RE, p. 532, § 10, effective June 7. L. 81: (1)(e) amended, p. 736, § 15, effective July 1. L. 83: (1)(g) amended and (1)(s) to (1)(y) added, p. 548, § 1 and, (1)(z) added, p. 546, § 3, effective July 1. L. 85: (1)(g) and (1)(x) repealed, (1)(k) and (1)(t) R&RE, and (1)(aa) added, pp. 539, 536, 683, §§ 15, 9, effective July 1. L. 88: (1)(bb) and (1)(cc) added, p. 531, § 6, effective July 1. L. 89: (1)(n) and (1)(v) amended and (1)(dd) and (1)(ee) added, p. 673, § 17, effective July 1. L. 92: (1)(d), (1)(m), (1)(n), (1)(q), (1)(s), (1)(v), (1)(z), (1)(bb), and (1)(cc) amended and (1)(ff) to (1)(kk) added, p. 2026, § 12, effective July 1. L. 96: (1)(ll) added, p. 1888, § 6, effective July 1. L. 2002: (1)(e), (1)(f), and (1)(t) amended, p. 62, § 11, effective July 1. L. 2003: (1)(ee) amended, p. 622, § 33, effective July 1. L. 2004: (1)(e) amended, p. 1195, § 41, effective August 4. L. 2009: (1)(cc) amended, (SB 09 -251), ch. 249, p. 1122, § 3, effective July 1. L. 2011: (1)(a) to (1)(c), (1)(e), (1)(k), (1)(m), and (1)(dd) amended and (1)(mm) added, (SB 11 -094), ch. 129, p. 438, § 5, effective April 22. L. 2012: (1)(e) and (1)(bb) amended and (1)(cc) repealed, (HB 12-1311), ch. 281, p. 1614, § 24, effective July 1. L. 2017: IP(1) and (1)(m) amended, (SB 17-242), ch. 263, p. 1278, § 68, effective May 25.This section is similar to former § 12-40-118 as it existed prior to 2019.
For an exception to the provisions of subsection (1)(h), see § 6-18-303.