Section 58-16a-502 - Unprofessional conduct"Unprofessional conduct" includes, in addition to the definition in Section 58-1-501:
(1) using or employing the services of an optometric assistant to assist a licensee in any manner not in accordance with: (a) the generally recognized practices and standards of ethics of the profession; or(b) applicable state law or division rule;(2) failure to refer a patient to an appropriate licensed practitioner when: (a) the patient's condition does not respond to treatment; or(b) the treatment is not within the scope of competence or licensure of the licensee;(3) providing confidential information regarding a patient to any third party who does not have a legal and professional ground for obtaining the information;(4) knowingly prescribing, selling, giving away, or administering any prescription drug unless: (a) for a legitimate medical purpose;(b) upon a proper diagnosis indicating the use of the drug in the amount prescribed or provided; and(c) in compliance with Section 58-17b-309;(5) giving or receiving directly or indirectly any fee, commission, rebate, or other compensation for professional services not actually and personally rendered, except as part of a legal relationship within a lawful professional partnership, corporation, or association;(6) failure to transfer pertinent and necessary information from a patient's medical records to another optometrist or physician when so requested by the patient or his representative, as designated in writing;(7) failure to provide a contact lens prescription to a person who sells contact lenses in accordance with Section 58-16a-306; or(8) falsely making an entry in, or altering, a medical record with the intent to conceal: (a) a wrongful or negligent act or omission of an individual licensed under this chapter or an individual under the direction or control of an individual licensed under this chapter; or(b) conduct described in Subsections (1) through (7) or Subsection 58-1-501(1).Amended by Chapter 25, 2020 General Session ,§ 2, eff. 5/12/2020.Amended by Chapter 234, 2012 General Session ,§ 1, eff. 5/8/2012.Amended by Chapter 160, 2000 General Session