California Optometry License Defense Lawyer

Whatever your concern, Unlock Legal can help you. We are the experts in defending professionals and protecting their licenses.

When you sought out your optometry or optician license you were following your passion. It is our passion to keep you doing what you want to do with your career and your life.

Optometry License Defense

The California State Board of Optometry regulates the practice of optometry and opticianry throughout the state. The CSOB acts to protect consumers, both financially and in their health. In California, optometry is governed by Title 16 of the Business and Professions Code. This law created the CSOB to perform the following functions:

• License optometrists and prescribe qualifications for them
• Recommend registration standards and criteria for the registration
• Administer the examination that optometrists must take to practice in the state
• Review disciplinary guidelines and take enforcement actions against licensed optometrists and opticians
• Prescribe regulations and make changes to the existing ones

License Applications, Denials and Statement of Issues

You may apply to the Optometry CSBO in a number of ways.

Applying for your license is exciting because it is one of the last hurdles before you can begin your career. For many the application process with the CSBO is straightforward and simple. However, for some, past criminal convictions or other issues can lock them up. The attorneys at Unlock Legal will complete and file your application on your behalf to make sure that you have the best chance of having it granted.

If you have submitted your application and it has been denied, you are not locked out of your career. A denial of your application is called a Statement of Issues. We will defend you to the CSBO with the intention that you are granted your license free and clear. If you must be on probation, we will negotiate the best possible terms and conditions. A part of your defense may be cleaning up any past criminal issues to show your rehabilitation to the licensing body.

CSBO Investigations

If someone files a complaint against you with the CSBO, the CSBO may instigate an investigation against you. The attorneys at Unlock Legal will request a copy of the complaint, assist you in preparation of any statement, prepare you for the investigation interview, and represent you at the interview with the investigator. It is important to have experienced counsel with you at an investigation interview to assist you in answering any questions appropriately, and advising you when not to speak. With the right advice and counsel an investigation may end at the interview stage. If not, your licensing body may choose to file a formal complaint against you called an Accusation.

CSBO Accusations

An Accusation is a formal complaint drafted by the Attorney General’s office. It alleges various causes of action against you which may stem from conviction of a crime, and/or allegations of other bad acts like substance abuse, or deviation from the standard of care. You have only 15 days to send a Notice of Defense once you have been served with an Accusation. If you miss the deadline a default order may be rendered against you resulting in the revocation of your license.

It is imperative that you hire experienced counsel to represent you if an Accusation has been filed against you. Time is of the essence, and your career and livelihood is at stake.

When the CSOB Can Take Action Against You

The CSOB takes enforcement actions against optometrists who violate laws or regulations. Here are some of the reasons why the CSOB may take enforcement action when the licensee does any of the following

• Commits a sexual assault
• Commits gross negligence, fraud, misrepresentation, or any act involving dishonesty or corruption that is substantially related to the qualifications, functions, or duties of an optometrist
• Is guilty of incompetence
• Uses illegal advertising
• Is found to have procured their license through fraud or misrepresentation
• Conviction of a felony or of any offense substantially related to the qualifications, functions, and duties of an optometrist
• Is convicted of certain drug or alcohol offenses that would jeopardize their ability to safely practice optometry
• Repeated acts of excessive prescribing
• Repeated acts of excessive use of diagnostic or therapeutic procedures
• Failure to meet continuing education requirements
• Continuing education was not accepted by the board
• Accused of continuing education fraud

Penalties that Optometrists Can Face

These are just some of a long list of reasons why the CSOB may take disciplinary action. When the CSOB does undertake an enforcement action, it may issue the following penalties:

• Revocation of the license
• Suspension of the license
• A period of probation
• Requiring the licensee to undergo a professional competency examination
• Limit the licensee’s practice to only being under supervision
• Administrative fines
• Enrollment and successful completion of a clinical training program
• Ongoing participation in a specified rehabilitation program

Petition for Reinstatement of Optometrist License or Reduction of Penalties

If you have lost your license you are not locked out of the career of your choice. After a certain amount of time you are eligible to ask the CSBO to grant your license again. In addition, you can generally request that the terms and conditions of probation be modified or terminated early. The legal team at Unlock Legal has filed petitions for reinstatement for many clients who made one mistake, and who have paid the price. We love to demonstrate mitigating circumstances and rehabilitation to the CSBO to get our optometrists and opticians back in the office as soon as possible.

Contact an Optometrist License Defense Attorney Today

The CSOB has wide latitude to impose punishment, but it does not have an unlimited right. As a licensee, you also have your own legal rights. The main right that you have is due process. The CSOB cannot take action against you without you being heard first. You can fight the disciplinary charges against you. Alternatively, you can engage with the CSOB, either to head off charges entirely or to receive a lesser punishment.

If you are being investigated by the CSOB, or you have received a notice that you are to appear at a hearing, you need the legal help that a professional license defense attorney can provide. Unlock Legal defends professionals in licensed and regulated fields when they have been accused of wrongdoing. We have a long track record of obtaining successful results for our clients. Contact us as soon as possible online or call us at (949) 988-4444 to learn how we can help you. The allegations against you do not have to end your career and destroy what you have worked hard to build.