Grounds for revocation of certificate.
The Board of Examiners, in compliance with
chapter 1-26, may revoke the certificate of any registrant for any one, or any combination, of the
Conviction of a felony, as shown by a certified copy of the record of the court of
Obtaining, or attempting to obtain, a certificate of registration by fraudulent
Continued practice by a person knowingly having an infectious or contagious disease;
Habitual drunkenness or habitual addiction to the use of morphine, cocaine, or other
Failure to submit to or cooperate with the criminal background investigation requested
by the board.
SDC 1939, § 27.0707; SL 1951, ch 131, § 4; revised pursuant to SL 1972, ch 15, § 4; SL
2005, ch 199, § 19; SL 2009, ch 179, § 2; SL 2013, ch 173, § 4.
36-7-25 Unprofessional conduct defined--No basis for criminal prosecution.
Unprofessional conduct defined--No basis for criminal prosecution.
unprofessional conduct, as used in this chapter, means:
Any conduct of a character likely to deceive or defraud the public;
The loaning of a license or certificate by any licensed optometrist or any person or
The employment of cappers or steerers to obtain business;
Splitting or dividing a fee or compensation with any person or corporation;
The obtaining of any fee or compensation by fraud or misrepresentation;
Employing either directly or indirectly any suspended or unlicensed optometrist to
perform any work covered by this chapter;
The advertising by any means whatsoever of optometric practice or treatment or advice
in which untruthful, improbable, misleading, or impossible statements are made;
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;
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;
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
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;
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;
Consistently misdiagnosing or consistently prescribing improper therapy; or
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.
36-7-26 Appeal from Board of Examiners.
Appeal from Board of Examiners.
An appeal from the decision of the Board of
Examiners may be taken as provided by chapter 1-26.
Source: SDC 1939, § 27.0707; SL 1951, ch 131, § 4; revised pursuant to SL 1972, ch 15, § 4.
36-7-27 Reinstatement of certificate after revocation.
Reinstatement of certificate after revocation.
After one year and upon application
and proof that the disqualification has ceased the Board of Examiners may reinstate a person whose
certificate has been revoked, if no other basis for denial of the license exists.
Source: SDC 1939, § 27.0707; SL 1951, ch 131, § 4; SL 2013, ch 173, § 6.
36-7-28 Injunction to prevent violation of chapter--Election of remedies.
Injunction to prevent violation of chapter--Election of remedies.
violating the provisions of this chapter may be enjoined from further violations in the circuit courts
of this state in actions to be brought by the State Board of Examiners in Optometry. Such suits may
also be brought by any citizen of the state. An action for injunction shall be an alternate to criminal
proceedings, and the commencement of one proceeding by the board constitutes an election.
Source: SDC 1939, § 27.0703 (5) as added by SL 1964, ch 85; revised pursuant to SL 1972, ch 15,
§§ 3, 4.
36-7-29 Immunity from liability of professional society committee members--Conditions--Official im...
Immunity from liability of professional society committee members--Conditions--Official immunity unaffected.
There shall be no monetary liability on the part of, and no cause of
action for damages shall arise against, any member of a duly appointed committee of a state
professional society, comprised of optometrists licensed to practice their profession in the State of
South Dakota, for any act or proceeding undertaken or performed within the scope of the functions
of any such committee which is formed to maintain the duly established professional standards of
the society or the requirements of law, if such committee member acts without malice, has made a
reasonable effort to obtain the facts of the matter as to which he acts, and acts in a reasonable belief
that the action taken by him is warranted by the facts known to him after such reasonable effort to
obtain facts. "Professional society" includes optometric organizations having as members at least a
majority of the eligible licensees in the state. The provisions of this section do not affect the official
immunity of an officer or employee of a public corporation or of an optometrist serving on a
committee or board or other entity authorized by state or federal law.
Source: SL 1976, ch 231.
36-7-30 Entry and inspection by board--Purpose--Drug records and inventories.
Entry and inspection by board--Purpose--Drug records and inventories.
of Examiners, or any of its officers or employees so authorized, may, during business hours, enter
and inspect any place where optometry is practiced for the purpose of enforcing this chapter and
rules adopted pursuant hereto. Such inspection may include any records and inventories relating to
drugs and controlled substances required to be kept under the provisions of chapter 34-20B.
Source: SL 1986, ch 306, § 6.
36-7-31 Use of therapeutic pharmaceutical agents to treat glaucoma or ocular hypertension--Educati...
Use of therapeutic pharmaceutical agents to treat glaucoma or ocular hypertension--Education and examination required.
Before using therapeutic pharmaceutical agents for the
treatment of glaucoma or ocular hypertension an optometrist certified for diagnostic and therapeutic
pharmaceutical agents shall complete education with emphasis on treatment and management of
glaucoma and ocular hypertension provided by an institution accredited by a regional or professional
accreditation organization which is recognized or approved by the council on postsecondary
accreditation of the United States Office of Education within the Department of Health and Human
Services and approved by the Board of Examiners in Optometry by rule promulgated pursuant to
chapter 1-26. Upon completion of the education, the optometrist shall pass an oral or written
examination approved by the board. The board shall suspend the certification for therapeutic
pharmaceutical agents of any optometrist who fails to comply with this section by July 1, 1996.
Source: SL 1994, ch 296, § 7.
Repealed by SL 1994, ch 296, § 8.
Repealed by SL 2003, ch 201, § 2.
36-7-34 Sale of contact lenses without prescription prohibited--Violation as misdemeanor.
Sale of contact lenses without prescription prohibited--Violation as misdemeanor.
No person may sell contact lenses without a valid prescription signed by a licensed optometrist or
practitioner licensed pursuant to chapter 36-4. For purposes of this section, the term, contact lenses,
includes any contact lens, with or without visual correction. A violation of this section is a Class 1
Source: SL 2010, ch 189, § 1.
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