Upon completion of a complaint investigation, the board may impose the following sanctions after a determination that a violation exists:

1. (1) A letter of concern, which must be placed in the licensee's permanent record. A letter of concern is not a public record;
2. (2) Formal reprimand;
3. (3) Require that the licensee comply with specified terms and conditions;
4. (4) Probation of license to practice optometry in this state;
5. (5) Suspension of license to practice optometry in this state;
6. (6) Revocation of license to practice optometry in this state; or

7. (7) Restitution and payment of all costs and expenses of the investigation and proceedings, including attorney fees.

   If the licensee disputes the determination, a contested case hearing must be held pursuant to SDCL chapters 1-26 and 36-1C. Pursuant to SDCL 1-26-20, informal disposition may be made by stipulation, agreed settlement, consent order, or default. A final action taken in disposition of a complaint matter is public unless otherwise provided for by law.

   If the board questions the competency of the licensee, the board may require a licensee to demonstrate competency by completing the National Board of Clinical Skills examination or retake any portion of the national board examinations. Failure to comply with the board's request may be grounds for further disciplinary action.

Source: 41 SDR 109, effective January 12, 2015 ; 49 SDR 12, effective August 14, 2022 .

General Authority: SDCL 36-7-15 ( 2 ).

Law Implemented: SDCL 36-7-24 , 36-7-25 , 36-7-26 , 47-11B-7 , 47-11B-14 , 47-11B-15 .

Prior versions effective: 2015-01-12.