(a) It is unlawful for a dispensing optician to act as the agent or representative of any physician or optometrist on any account. The board has the power and it is hereby its duty to suspend for a specified period of time to be determined by the board in its discretion or to revoke or otherwise discipline any person holding a certificate to practice as a dispensing optician in this state whenever the dispensing optician is found guilty of any of the following acts or offenses:
(1) Fraud in procuring a license;
(2) Immoral, unprofessional or dishonorable conduct;
(3) Habitual intoxication or addiction to the use of drugs;
(4) Conviction of felony;
(5) Use of comparative statements or claims concerning the professional excellence or abilities of any person or group of persons licensed to practice their profession under the laws of the state;
(6) Failure to renew annual certificate required under §§ 63-14-106 and 63-14-107;
(7) Offering discounts or inducements to prospective patrons by means of coupons or otherwise to perform professional services; provided, that nothing in this section shall be construed to prohibit the giving of a discount on either merchandise or services to charitable institutions; or
(8) Division of fees or agreement to split or divide the fee received for professional services with any person for bringing or referring a customer.
(b) An action taken under this section shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 1, part 1 of this title.
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