58-16a-502. Unprofessional conduct. "Unprofessional conduct" includes, in addition to the definition in Section
58-1-501:
(1) using or employing the services of an optometric assistant to assist a licensee in anymanner not in accordance with:
(a) the generally recognized practices and standards of ethics of the profession; or
(b) applicable state law or division rule;
(2) failure to refer a patient to an appropriate licensed practitioner when:
(a) the patient's condition does not respond to treatment; or
(b) the treatment is not within the scope of competence or licensure of the licensee;
(3) providing confidential information regarding a patient to any third party who does nothave a legal and professional ground for obtaining the information;
(4) knowingly prescribing, selling, giving away, or administering any prescription drugexcept for a legitimate medical purpose and upon a proper diagnosis indicating the use of thedrug in the amount prescribed or provided;
(5) giving or receiving directly or indirectly any fee, commission, rebate, or othercompensation for professional services not actually and personally rendered, except as part of alegal relationship within a lawful professional partnership, corporation, or association;
(6) failure to transfer pertinent and necessary information from a patient's medical recordsto another optometrist or physician when so requested by the patient or his representative, asdesignated in writing; or
(7) failure to provide a contact lens prescription to a person who sells contact lenses inaccordance with Section
58-16a-306.
Amended by Chapter 160, 2000 General Session