Section 0480-01-.13 - CODE OF ETHICS(1) The following code of ethics shall govern the conduct of licensed dispensing opticians in the practice of opticianry.(a) Keep the visual welfare of the consumer upper-most at all times.(b) Promote in every possible way the better care of the visual needs of the citizens of this state.(c) Continuously enhance their educational and technical proficiency so that their customers shall receive the benefits of all knowledge and improvements in visual care.(d) Insure that no person shall lack the necessary information on visual care regardless of the financial status of the person.(e) Conduct themselves as an exemplary citizen.(f) Maintain and promote cordial and useful mutual relationships between ophthalmic dispensers and other allied health professions for the interchange of information for the advantage of mankind.(2) Immoral, unprofessional, or dishonorable conduct shall include, but shall not be limited to, the following: (a) The performance of any unethical conduct designed to, or likely to, deceive, defraud, or harm the public.(b) Being a party to or aiding and abetting the violation of these regulations or the laws of the State of Tennessee regulating the practice of dispensing opticianry.(c) The intentional or negligent use of any false, fraudulent, or forged statement, writing or document, or the use of any fraudulent, deceitful, dishonest, or immoral practice in connection with any of the licensing requirements of T.C.A. §§ 63-14-101, et.seq.(d) The use of untruthful or improbable statements of flamboyant or extravagant claims concerning one's professional excellence or abilities, or the use of untruthful or improbable statements to deceive the public or which are injurious or harmful to public safety.(e) Engaging, conspiring, aiding or abetting, directly or indirectly, in any form, in rebating or referral fees to any persons, associations, partnerships, or corporations.(f) Engaging in the diagnosis of the human eyes or attempting to determine the refractive powers of the human eyes or attempting to prescribe for or treat diseases or ailments of the human eyes.(g) Displaying any refracting equipment that may tend to mislead the public into believing that eye examinations are being made on the premises in connection with optical dispensing.(h) Failing to directly supervise and control an "apprentice dispensing optician" or "student dispensing optician" in performing any of the services which an apprentice or student is allowed to do under the provisions of T.C.A. § 63-14-103.(i) Procuring or attempting to procure state licensure for any other person by making, or causing to be made, any false misrepresentation, fraud or deception.(j) Conviction of any crime involving moral turpitude or any crime relating adversely on the practice of opticianry for the purpose of this rule.(k) Failure to comply with any order issued by a state or federal court, by a state licensing body, or failure to comply with any written agreement entered into with any state licensing board regarding the practice of opticianry.(l) Failure to cooperate with the investigation of a disciplinary matter involving any dispensing optician license.(m) Engaging in any intimidation, coercion or deception, to obtain or retain a customer, or to discourage the customer from obtaining a second opinion.(n) Engaging in gross or repeated acts of negligence, malpractice or incompetence.(o) Engaging in fraud, deception, misrepresentation, false promise or false pretense in the practice of opticianry.(p) Fraudulently altering patient/customer records.(q) Practicing opticianry while the ability to practice is impaired by alcohol, drugs, physical disability or mental disability.(r) Abuse of a consumer or sexual misconduct with a consumer.(s) Knowingly engaging in a practice involving contact with the public while suffering from a contagious or infectious disease involving serious risk to public safety.(t) Refusing to provide goods or services to a person because of such person's race, creed, color, or national origin.(u) Preparing, adapting or dispensing lenses, spectacles, eye glasses, or optical devices that are not of good workmanship or do not meet the standards set out in the American National Standard for Ophthalmics - Prescription Ophthalmic Lenses -Recommendations (ANSI Z-80.1-1987 edition).Tenn. Comp. R. & Regs. 0480-01-.13
Original rule filed August 2, 1995; effective October 16, 1995.Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-1-101, 63-14-101, 63-14-102, 63-14-103, 63-14-104, and 63-14-111.