30 Miss. Code. R. 2901-5.1

Current through January 14, 2025

Rule 30-2901-5.1 - Filing, Investigation and Disposition

The complaint procedure will be as follows:

(a) Filing complaints. Complaints shall be filed on the board's complaint form. The board shall adopt the following form as its official complaint form, which shall be maintained at the board's office for use at the request of any complainant. At a minimum, all complaints shall contain information necessary for the proper processing of the complaint by the board, including, but not limited to:

(1) Complainant's name, address and phone number

(2) Name, address and phone number of the optometrist, therapeutic optometrist, or other person, firm or corporation, if known

(3) Date, time and place of occurrence of alleged violation, and

(4) Complete description of incident giving rise to the complaint.

(b) Complaint investigation and disposition.

(1) All Complaints received shall be sent to the Executive Director. The board shall distinguish between categories of complaints as follows:

(a) consumer and patient complaints against optometrists and therapeutic optometrists regarding alleged violation of the Mississippi Optometry Act or duly promulgated rules or orders.

(b) alleged unauthorized practice of optometry or therapeutic optometry by unlicensed individuals or by a licensee while a suspension order or restrictive sanction by the board is in effect.

(c) licensure or reinstatement applications

(d) alleged advertising violations by optometrists, therapeutic optometrists, persons, firms or corporations and

(e) licensee complaints regarding violations of the Act resulting in economic harm

(2) In the event of a dismissal the person filing the complaint and the accused optometrist shall be given written notice of the board's determination.

(c) Investigation Enforcement

(1) The chair may appoint an investigator to consider complaints filed with board.

(2) The Executive Director shall forward the complaint to the member in charge of enforcement in the area of the complaint unless in the judgement of the President, unusual circumstances exist such that it is more appropriate that the complaint be under another member. The board shall have the power to issue subpoenas and subpoenas duces tecum to compel the attendance of witnesses and the production of books, records, and documents to issue commissions to take depositions, to administer oaths and to take testimony concerning all matters within the assigned jurisdiction.

(3) On receipt of the complaint, the member shall determine:

(a) whether to recommend dismissal the matter and take no further action.

(b) whether to send a letter to the person charged reciting that a complaint has been received and that while the investigating member cannot determine or pass upon the merits of the complaint without conducting further investigation that the subject of the complaint be asked to review the complaint to ensure that the Act is being complied with, and that if the allegations are true, to cease and desist from the alleged violations or words to that effect

(c) whether to conduct an informal conference or set the case for a formal hearing;

(d) whether to forward to the board the member's determination that there is reasonable cause to believe the accused optometrist is guilty of conduct which violates the board regulations or state laws, together with a recommendation that proceedings be instituted to consider cancellation, revocation, or suspension of a license or refusal to issue a license;

(e) whether to forward to the board the member's determination that some person, firm or corporation may be practicing optometry without a license or otherwise violating the provisions of the Act, along with the member's recommendation that the board notify the attorney general or appropriate district attorney with accompanying request that appropriate action be taken in accordance with law, and

(f) whether to forward to the Executive Director the member's determination of findings to subparagraph (3) for assessment of administrative penalties.

(4)

(a) In addition, the optometrist or therapeutic optometrist shall perform and record keratometry testing.

(b) At a minimum, the optometrist or therapeutic optometrist must schedule one follow-up visit for examination within 30 days of the contact lens fitting, and must inform the patient on the initial visit regarding the requirement of the follow-up care.

(c) The optometrist or therapeutic optometrist must observe proper hygiene in the handling and dispensing of the contact lenses and in the conduct of the examination. Proper hygiene includes sanitary office conditions, running water in the office where contact lenses are dispensed, and proper sterilization of diagnostic lenses and instruments.

(d) The optometrist or therapeutic optometrist, or staff members, must instruct the patient in the proper care of lenses, including proper hygiene.

30 Miss. Code. R. 2901-5.1

Miss Code Ann. § 73-19-33; § 73-19-37

Amended 11/21/2022