The Arkansas Board of Dispensing Opticians shall revoke, suspend, or refuse to issue a license or registration of any dispensing optician or apprenticeship for any violation of any provision of Arkansas Code § 17-89-201 et seq., as amended, or of this part, including, but not limited to, the following:

1. (1) The applicant, licensee, registrant, apprentice, or person obtaining a license, registration, apprenticeship, or office permit by means of fraud, misrepresentation, or concealment of material facts;
2. (2) The applicant, licensee, registrant, or apprentice engaging in conduct, including, but not limited to, engaging in the advertising practice commonly known as “bait and switch”, or establishing an ophthalmic dispensing business immediately adjacent to the office of a licensed optometrist or physician skilled in the disease of the eye in what is commonly known as a “side-by-side” operation, or engaging in the referral procedure commonly known as “capping and steering”;

3. (3)

   1. (A) Any licensed, registered, or apprenticed dispensing optician, either directly or indirectly, to participate in any manner in the division, assignment, rebate, kickback, splitting, or refunding of service fees or costs of completed eyeglasses with a physician skilled in the disease of the eye or optometrist.
   2. (B) Nothing in the above is to be construed so as to interfere with the ownership, profit sharing programs, pensions, or retirement programs of any optometrist’s or ophthalmologist’s office where the professional is incorporated;
4. (4) Any licensed, registered, or apprenticed dispensing optician or person requesting, encouraging, or enticing a licensed optometrist or physician skilled in disease of the eye to locate an office for the purpose of conducting his or her professional practice adjacent to an opticianry for the purpose of capping and steering as defined by this part;
5. (5) The applicant, licensee, registrant, apprentice, or person being convicted of a felony in any state or federal court, and not pardoned, if the acts for which the person is convicted are found by the board to have a direct bearing on whether he or she should be entrusted to serve the public in the capacity of a dispensing optician;
6. (6) The applicant, licensee, registrant, apprentice, or person violating any prohibitive provision under this subpart;
7. (7) The applicant, licensee, registrant, apprentice, or person engaging in any fraudulent, misleading, or deceptive advertising;
8. (8) The applicant, licensee, registrant, apprentice, or person failing to qualify for the license, registration, apprenticeship, or office permit;
9. (9) The applicant, licensee, registrant, apprentice, or person violating any other rule promulgated by the board; or
10. (10) The applicant, licensee, registrant, apprentice, or person using any narcotic drug, psychoactive drug, or alcohol that impairs his or her ability to perform the work as an ophthalmic dispenser.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules contained a footnote immediately following "The applicant, licensee, registrant, apprentice or person engaging in any fraudulent, misleading, or deceptive advertising" that follows: "3 All advertising must conform to the provisions of Ark. Code. Ann. §§17-89-405 & 406. The following examples are provided to assist in determining whether an advertisement is considered to be fraudulent, misleading or deceptive: 1. Advertisements which include prices of prescription glasses may be considered fraudulent, misleading or deceptive if they do not meet the following standards: (a) A statement of whether or not the quoted cost includes an examination by a licensed optometrist or physician skilled in the diseases of the eye. (b) If the advertised price is for a limited period of time, the advertisement shall state the expiration date of the offer. (c) Any limits on a customer’s rights to purchase the advertised product shall be stated in the advertisement. (d) If a reduced price is offered on a specific item or items, the regular retail price of the specific item or items must be included in the advertisement. (e) Knowingly and repeatedly advertising a manufacturer’s discontinued item, whether or not prices are given, must so state the item has been discontinued. 2. Any licensee or registrant who fails to satisfy the requirements of this section shall be deemed to have committed fraudulent, misleading, or deceptive advertising."