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California Medical License Defense Attorney

We defend licensed medical and healthcare professionals in California

California Optician License Defense Attorney

California Board of Optometry License Defense Lawyer

The California Board of Optometry, known as the BOO, licenses several thousand Opticians in the State of California. Most California Opticians have minimal or no contact with the enforcement arm of the California Board of Optometry. For Opticians who become part of the California Board of Optometry’s disciplinary process, the consequences are profound. The Optician License disciplinary process is complex, procedural and time consuming. Opticians facing the California Board of Optometry disciplinary process should seek legal representation from an experienced California Optician License Defense Attorney.

California Board of Optometry Investigation Defense Lawyer

The majority of California Board of Optometry investigations begin with the filing of a consumer Complaint. However, California Board of Optometry Investigations also occur through sting operations, criminal conviction referrals and criminal investigations. The California Board of Optometry utilizes non sworn civilian investigators to conduct non criminal investigations. The California Department of Consumer Affairs employs sworn Peace Officer Investigators to conduct criminal investigations against Opticians. These employees investigate criminal and administrative law violations. Administrative Law Due Process Rights differ substantially from the Due Process Rights accorded in criminal law.

It is important to have an attorney that understands the California Board of Optometry disciplinary process. At the conclusion of a California Board of Optometry investigation, the Board has several options. The Board can choose to close the Complaint. The Board can choose to issue a Citation. The Board can also choose to refer the matter to the California Attorney General’s Office. The Attorney General’s Office will determine whether cause exists to file a formal disciplinary Accusation. In cases involving criminal conduct, the Board may refer the case to the District Attorney’s Office for criminal prosecution.

If you are an Optician facing a California Board of Optometry investigation, contact a California Optician License Defense Attorney for representation.

California Optician License Accusation Defense Attorney

A formal Accusation served on a California Optician serves as notice to an Optician that the Board intends to revoke the Optician License. The Optician, now called the Respondent, has only 15 days from the date that the Accusation was served (not received, but served) to file a Notice of Defense. The failure to file a Notice of Defense results in a Default against the Optician. A Default will result in the immediate Revocation of the Optician License.

An Accusation is a serious matter that can result in the suspension or revocation of an Optician License in California. In many cases, it is possible for Opticians to reach a Stipulated Agreement with the Attorney General’s Office and California Board of Optometry. A Stipulated Agreement is a formal term for a settlement agreement. If a Stipulated Agreement cannot be reached, the parties will proceed to a formal Hearing before the California Office of Administrative Hearings (OAH).

Opticians facing a California Board of Optometry Accusation should contact an experienced California Optician License Defense Attorney for representation. Common causes of action for disciplinary Accusations against Opticians include:

  • Accepting or Paying Referral Fees
  • Acting Outside Scope of Licensure
  • Aiding and Abetting Unlicensed Optician Activity
  • Altering Medical Records
  • Dangerous Use of Alcohol or Drugs
  • Deceptive Advertising
  • Employing Cappers or Steerers
  • Employing Unlicensed Person
  • Failure to Follow Infection Control Guidelines
  • Failure to Maintain Adequate Records
  • Failure to Refer Patient
  • False Representations of Fact
  • Fraud, Misrepresentation or Dishonesty
  • Furnishing a Controlled Substance Without a Prescription
  • Gross Negligence
  • Incompetence
  • Mental or Physical Incapacity
  • Misconduct
  • Prohibited Arrangements by Opticians
  • Repeated Negligent Acts
  • Sexual Misconduct
  • Unlawful Location for Practice
  • Unlawful Referrals
  • Unlawful Solicitation
  • Unprofessional Conduct
  • Violation of Health & Safety Standards

California Optician License Hearing Attorney

The California Office of Administrative Hearings, also known as OAH, maintains several Court Hearing locations. These Court locations are in Los Angeles, Oakland, Sacramento and San Diego. In some instances, Hearings may be held offsite in Bakersfield, Fresno, Orange County, Riverside, San Bernardino, San Francisco, San Jose or Ventura. The Administrative Law Hearing is a formal Hearing before an Administrative Law Judge.

The Administrative Law Judge, or ALJ, will issue a written Proposed Decision approximately 30 days after the Hearing. The California Board of Optometry can adopt, modify or reject the ALJ’s Proposed Decision. The California Board of Optometry’s action is called the Final Decision and Order. There are two main rights of Appeal of a Final Decision and Order. California Government Code § 11521 allows an Optician to file a Petition for Reconsideration prior to the effective date of the Final Decision and Order. Pursuant to California Code of Civil Procedure § 1094.5, the Optician can also file a Petition for Writ of Mandamus in Superior Court. A Writ must be filed within 30 days of the effective date of the Final Decision and Order.

California Opticians facing a California Board of Optometry Administrative Law Hearing need effective representation from a California Optician License Defense Lawyer.

California Optician License and Criminal Convictions

The California Board of Optometry can discipline Opticians for criminal convictions. California Board of Optometry discipline occurs for criminal convictions that are substantially related to the duties, functions and qualifications of an Optician. Common criminal offenses that can cause Optician License discipline are:

  • Altering or Forging a Prescription
  • Assault With a Deadly Weapon
  • Battery
  • Brandishing a Firearm
  • Burglary
  • Carrying a Concealed Weapon
  • Child Abuse
  • Child Endangerment
  • Diverting a Controlled Substance
  • Domestic Violence
  • DUI
  • Elder Abuse
  • False Imprisonment
  • Forgery
  • Fraud
  • Hit & Run
  • Identity Theft
  • Insurance Fraud
  • Medicare Fraud
  • Mortgage Fraud
  • Possession for Sale of a Controlled Substance
  • Possession of a Controlled Substance
  • Public Intoxication
  • Real Estate Fraud
  • Robbery
  • Sex Offenses
  • Theft
  • Trespass
  • Vandalism
  • Vehicular Manslaughter

The California Board of Optometry and other law enforcement agencies also investigate criminal conduct by Opticians in the course and scope of their practice. Criminal investigations often involve Opticians engaged in Insurance Fraud, Unlawful Practice of Medicine, Unlawful Practice of Optometry and Unlawful Representation as a Physician. In serious criminal cases against Opticians pending in Criminal Court, the California Board of Optometry and the California Attorney General’s Office may seek a California Penal Code § 23 Order against the Optician. A California Penal Code § 23 Order seeks to suspend an Optician License in Criminal Court.

Opticians facing criminal charges and Opticians who are convicted of criminal offenses need an experienced California Optician License Defense Attorney for representation in disciplinary proceedings before the California Board of Optometry.

California Optician License Statement of Issues Attorney

The California Board of Optometry thoroughly investigates all applicants for Optician Licenses. The California Board of Optometry may deny a California Optician License to Optician students and Opticians from other states and countries. Most California Optician License denials occur due to criminal convictions, financial problems or misstatements on the Optician License application. Statement of Issues Hearings and Accusation Hearings before the Office of Administrative Hearings maintain a similar procedure. However, in a Statement of Issues Hearing, the applicant bears the burden of proof. Individuals denied an Optician License should contact a California Optician License Denial Lawyer for representation in a California Board of Optometry Statement of Issues Hearing.

California Optician Petition for Reinstatement Lawyer

A Petition for Reinstatement allows Opticians who have received an Optician License Revocation to reinstate their License. The Petition for Reinstatement must show by clear and convincing evidence the factual and legal reasons to warrant the Optician License Reinstatement. Rehabilitation from past misconduct is the primary factor in a Petition for Reinstatement before the California Board of Optometry. A successful Optician License Petition for Reinstatement requires representation by an experienced California Optician License Defense Attorney.