54-1512. PENALTIES AND REINSTATEMENT. (1) Upon the finding of the existence of grounds for discipline of any person holding a license, seeking a license, or renewing a license under the provisions of this chapter, the board of optometry may impose one (1) or more of the following penalties:
(a) Suspension of the offender’s license for a term to be determined by the board;
(b) Revocation of the offender’s license;
(c) Restriction of the offender’s license to prohibit the offender from performing certain acts or from engaging in the practice of optometry in a particular manner for a term to be determined by the board;
(d) Refusal to renew offender’s license;
(e) Placement of the offender on probation and supervision by the board for a period of time and under terms and conditions to be determined by the board;
(f) Imposition of an administrative fine not to exceed two thousand dollars ($2,000) plus costs of prosecution and reasonable attorney’s fees; or
(g) Written letters of censure or reprimand which shall become a permanent record in the files of the licensee.
(2) The assessment of costs and fees incurred in the investigation and prosecution or defense of a person holding a license, seeking a license, or renewing a license under this chapter shall be governed by the provisions of section 12-117(5), Idaho Code.
(3) Any person whose license to practice optometry in this state has been suspended, revoked or restricted pursuant to this chapter, whether voluntarily or by action of the board, shall have the right, at reasonable intervals, to petition the board for reinstatement of such license. Such petition shall be made in writing and in the form prescribed by the board. Upon investigation and hearing, the board may in its discretion grant or deny such petition, or it may modify its original finding to reflect any circumstances which have changed sufficiently to warrant such modifications.
(4) Nothing herein shall be construed as barring criminal prosecutions for violations of this chapter where such violations are deemed as criminal offenses in other statutes of this state or of the United States.
(5) All final decisions by the board shall be subject to judicial review pursuant to the provisions of the administrative procedure act.
History:
[54-1512, added 1989, ch. 33, sec. 5, p. 43; am. 2018, ch. 348, sec. 7, p. 803.]
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