36-7-25. Unprofessional conduct defined--No basis for criminal prosecution. The term, unprofessional conduct, as used in this chapter, means:

(1) Any conduct of a character likely to deceive or defraud the public;

(2) The loaning of a license or certificate by any licensed optometrist or any person or corporation;

(3) The employment of cappers or steerers to obtain business;

(4) Splitting or dividing a fee or compensation with any person or corporation;

(5) The obtaining of any fee or compensation by fraud or misrepresentation;

(6) Employing either directly or indirectly any suspended or unlicensed optometrist to perform any work covered by this chapter;

(7) The advertising by any means whatsoever of optometric practice or treatment or advice in which untruthful, improbable, misleading, or impossible statements are made;

(8) Advertising by printed matter, radio, display, or any other means, the quotation of prices for a discount on or any specific amount of payment for eyeglasses, spectacles, or accessories thereto, ophthalmic lenses, frames or mountings, or the phrases "free examinations," "moderate prices," "low prices," "guaranteed glasses," "satisfaction guaranteed," or any variations thereof, or words of similar import;

(9) Seeking patronage by means of handbills, posters, circulars, newspapers, radio or periodicals, which means set forth more than the name, profession, title, location, phone number and office hours of the optometrist;

(10) Advertising wherein the optometrist employs any form of newspaper, sign, literature or directory professional card or window or public exhibition display of optical materials, handbills, road signs, clock signs, novelties or favors contrary to or violating the code of ethics or any of the other lawful rules and regulations properly promulgated by the state board;

(11) The failure to refer a patient to a physician licensed pursuant to chapter 36-4 if examination of the eye indicates a substantial likelihood of pathology which requires the attention of a physician licensed pursuant to chapter 36-4;

(12) Any conviction of a felony or violation of a Board of Examiners in Optometry rule as determined by the board after notice and hearing pursuant to chapter 1-26;

(13) Consistently misdiagnosing or consistently prescribing improper therapy; or

(14) Failing to hold in professional confidence all information concerning a patient.

Unprofessional conduct, as defined in this section, shall not be the basis for criminal prosecution unless otherwise declared unlawful.

Source: SDC 1939, § 27.0707; SL 1951, ch 131, § 4; SL 1979, ch 253, § 6; SL 1983, ch 270, § 2; SL 2013, ch 173, § 5.