§459-9 Refusal to permit examination or issue license; revocation and suspension of license; grounds for. In addition to any other actions authorized by law, the Hawaii board of optometry may refuse to admit persons to its examinations or to issue a license or may revoke or suspend, for the period of time as may be determined by the board, a license previously issued, or may impose a penalty as shall be established by the board, for any cause authorized by law, including but not limited to the following:

(1) Presentation to the board of any certificate or testimony or information which was untrue in any material respect or illegally or fraudulently obtained, or when fraud or deceit has been practiced in obtaining any license under this chapter or in passing an examination;

(2) Conduct of a character likely to deceive or defraud the public, or habits of intemperance or drug addiction calculated to destroy the accuracy of the work of an optometrist, or professional misconduct, or gross carelessness or negligence, or manifest incapacity in the practice of optometry;

(3) Advertising by means of false and deceptive statements or by statements which tend to deceive or defraud;

(4) Directly or indirectly accepting or offering employment to practice optometry from, or to any person not having a valid, unrevoked and unsuspended license or from any company or corporation;

(5) Soliciting or receiving, directly or indirectly, any price differential, rebate, refund, discount, commission, credit, kickback, or other allowance, whether in the form of money or otherwise, from a dispensing optician for or on account of referring or sending to the dispensing optician of any intended or prospective wearer or user of any article or appliance prepared or furnished by a dispensing optician, or for or on account of any service or article furnished by the dispensing optician to any intended or prospective wearer or user;

(6) Using any name in connection with the licensee's practice other than the name under which the licensee is licensed to practice, or using any advertising which fails to clearly identify the individual licensee or which is ambiguous or misleading as to the licensee's identity;

(7) Employing or utilizing any unlicensed individual to perform optometric services in connection with refraction or visual training without directly and personally supervising the individuals in the performances of the services;

(8) Violating this chapter or the rules adopted by the board;

(9) Utilizing pharmaceutical agents for purposes other than those specified in section 459-1; or

(10) Failure to refer a patient to an appropriate licensed physician upon discovery, by history or examination, that the patient evidences an ocular abnormality or symptoms of systemic disease requiring further diagnosis and possible treatment by a licensed physician. [L 1917, c 187, §9; RL 1925, §1120; RL 1935, §1378; am L 1941, c 195, pt of §1; RL 1945, §2805; am L 1949, c 58, §1(6); am L 1951, c 230, §2; RL 1955, §68-9; am L 1957, c 119, §1; am L 1965, c 87, §1; HRS §459-9; am L 1974, c 205, §2(19); am L 1979, c 131, §2; am L 1985, c 224, §9 and c 294, §4; am L 1987, c 152, §6; am L 1992, c 21, §4 and c 202, §123; am L 2018, c 203, §6]