Section 73-19-23 - License refused or revoked; criminal history records check; disciplinary action(1)(a) The board shall refuse to grant a certificate of licensure to any applicant and may cancel, revoke or suspend the operation of any certificate by it granted for any or all of the following reasons: unprofessional and unethical conduct or the conviction of a crime involving moral turpitude, habitual intemperance in the use of ardent spirits, or stimulants, narcotics, or any other substance that impairs the intellect and judgment to such an extent as to incapacitate one for the performance of the duties of an optometrist. The certificate of licensure of any person can be revoked for violating any section of this chapter.(b) The board shall conduct a criminal history records check on licensure applicants and on licensees whose licenses are subject to investigation.(i) The applicant or licensee shall undergo a fingerprint-based criminal history records check of the Mississippi central criminal database and the Federal Bureau of Investigation criminal history database. Each applicant or licensee shall submit a full set of the applicant's fingerprints in a form or manner prescribed by the board, which shall be forwarded to the Bureau of Investigation Identification Division for this purpose.(ii) Any and all state or national criminal history records information obtained by the board that is not already a matter of public record shall be deemed nonpublic and confidential information restricted to the exclusive use of the board, its members, officers, investigators, agents and attorneys in evaluating the applicant's eligibility or disqualification for licensure, and shall be exempt from the Mississippi Public Records Act of 1983. Except when introduced into evidence in a hearing before the board to determine licensure, no such information or records related thereto shall, except with the written consent of the applicant or licensee or by order of a court of competent jurisdiction, be released or otherwise disclosed by the board to any other person or agency.(iii) The board shall provide to the department the fingerprints of the applicant or licensee, any additional information that may be required by the department, and a form signed by the applicant consenting to the check of the criminal records and to the use of the fingerprints and other identifying information required by the state or national repositories.(iv) The board shall charge and collect from the applicant or licensee, in addition to all other applicable fees and costs, such amount as may be incurred by the board in requesting and obtaining state and national criminal history records information on the applicant or licensee.(2) The board shall further be authorized to take disciplinary action against a licensee for any unlawful acts, which shall include violations of regulations promulgated by the board, as well as the following acts:(a) Fraud or misrepresentation in applying for or procuring an optometric license or in connection with applying for or procuring periodic renewal of an optometric license.(b) Cheating on or attempting to subvert the optometric licensing examination(s).(c) The conviction of a felony in this state or any other jurisdiction, or the entry of a guilty or nolo contendere plea to a felony charge.(d) The conviction of a felony as defined by federal law, or the entry of a guilty or nolo contendere plea to a felony charge.(e) Conduct likely to deceive, defraud or harm the public.(f) Making a false or misleading statement regarding his or her skill or the efficacy or value of the medicine, device, treatment or remedy prescribed by him or her or used at his or her direction in the treatment of any disease or other condition.(g) Willfully or negligently violating the confidentiality between doctor and patient, except as required by law.(h) Negligence or gross incompetence in the practice of optometry as determined by the board.(i) Being found to be a person with mental illness or with an intellectual disability by any court of competent jurisdiction.(j) The use of any false, fraudulent, deceptive or misleading statement in any document connected with the practice of optometry.(k) Aiding or abetting the practice of optometry by an unlicensed, incompetent or impaired person.(l) Commission of any act of sexual abuse, misconduct or exploitation related to the licensee's practice of optometry.(m) Being addicted or habituated to a drug or intoxicant.(n) Violating any state or federal law or regulation relating to a drug legally classified as a controlled substance.(o) Obtaining any fee by fraud, deceit or misrepresentation.(p) Disciplinary action of another state or jurisdiction against a licensee or other authorization to practice optometry based upon acts or conduct by the licensee similar to acts or conduct that would constitute grounds for action as defined in this chapter, a certified copy of the record of the action taken by the other state or jurisdiction being conclusive evidence thereof.(q) Failure to report to the board the relocation of his or her office in or out of the jurisdiction, or to furnish floor plans as required by regulation.(r) Violation of any provision(s) of the Optometry Practice Act or the rules and regulations of the board or of an action, stipulation or agreement of the board.(s) To advertise in a manner that tends to deceive, mislead or defraud the public.(t) The designation of any person licensed under this chapter, other than by the terms "optometrist," "Doctor of Optometry" or "O.D.," which through June 30, 2025, shall include any violation(s) of the provisions of Sections 41-121-1 through 41-121-9 relating to deceptive advertisement by health care practitioners.(u) To knowingly submit or cause to be submitted any misleading, deceptive or fraudulent representation on a claim form, bill or statement.(v) To practice or attempt to practice optometry while his or her license is suspended.(3) Any person who is a holder of a certificate of licensure or who is an applicant for examination for a certificate of licensure, against whom is preferred any charges, shall be furnished by the board with a copy of the complaint and shall have a hearing in Jackson, Mississippi, before the board, at which hearing he may be represented by counsel. At the hearing, witnesses may be examined for and against the accused respecting those charges, and the hearing orders or appeals will be conducted according to the procedure now provided in Section 73-25-27. The suspension of a certificate of licensure by reason of the use of stimulants or narcotics may be removed when the holder of the certificate has been adjudged by the board to be cured and capable of practicing optometry.(4) In addition to the reasons specified in subsections (1) and (2) of this section, the board shall be authorized to suspend the license of any licensee for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.(5) A licensee who provides a written certification as authorized under the Mississippi Medical Cannabis Act and in compliance with rules and regulations adopted thereunder shall not be subject to any disciplinary action under this section solely due to providing the written certification.Codes, Hemingway's 1921 Supp. § 6124l; 1930, § 5663; 1942, § 8843; Laws, 1920, ch. 217; Laws, 1956, ch. 305, § 6; reenacted, Laws, 1983, ch. 438, § 12; Laws, 1991, ch. 303, § 12; Laws, 1996, ch. 507, § 45; Laws, 2008, ch. 442, § 20; Laws, 2010, ch. 476, § 75; Laws, 2012, ch. 409, § 13, eff. 7/1/2012.Amended by Laws, 2022, ch. 303, SB 2095,§ 70, eff. 2/2/2022.Amended by Laws, 2020, ch. 393, HB 686,§ 10, eff. 7/1/2020.Amended by Laws, 2016, ch. 419, HB 489, 10, eff. 7/1/2016.