Disciplinary Guidelines

In applying for recertification and in maintaining current certification a certificant agrees to be subject to the ABO/NCLE Disciplinary Guidelines. Adopted in February, 1993, the Guidelines apply to any professionally related conduct of the person, or other conduct which materially and directly bears upon fitness to perform professional functions. These Guidelines apply to those matters over which the individual has control or responsibility. Proceedings concerning potential or actual violations of these Guidelines will be conducted pursuant to the Disciplinary Guidelines and Procedures.

The following acts relating to the practice of opticianry and contact lens technicianry shall be grounds for disciplinary action.

  1. Procuring or attempting to procure ABO or NCLE certification or state licensure by misrepresentation, bribery, fraud or deception.
  2. Theft or attempted theft of any ABO or NCLE exam.
  3. Tampering with any ABO or NCLE exam.
  4. Any false representation of ABO or NCLE certification
  5. Practicing with a revoked, suspended or inactive license in those states where a license is required.
  6. In states where licensing is required, permitting any person under your supervision who is not licensed or participating in a state recognized student or apprenticeship program, to fit or dispense contact lenses, spectacles, or other optical devices which are part of the practice of opticianry or contact lens technicianry.
  7. Failure to adequately supervise auxiliary staff, students or apprentice dispensing opticians within your supervision, to the extent that the pateintÕs/customerÕs health, welfare or safety is at risk.
  8. Having been convicted in any state or federal court for any crime related to the practice of opticianry. A plea of guilty, non vult, nolo contendere or a similar disposition shall be deemed a conviction.
  9. Having been disciplined for improper practice or misconduct as an optician by a duly authorized professional disciplinary agency of a state.
  10. Failure to comply with any order or consent agreement relating to opticianry practice issued by or entered into with a state or federal court, licensing body, regulatory body, governmental agency, ABO or NCLE.
  11. Failure to report to ABO/NCLE, within 50 days, the revocation, suspension or surrender of a license to practice opticianry.
  12. Failure to cooperate reasonably with an ABO/NCLE or state regulatory bodyÕs investigation of a disciplinary matter.
  13. Advertising goods or services in a manner which is fraudulent, false, deceptive or misleading in form or content.
  14. Attempting directly or indirectly, by way of intimidation, coercion, or deception to obtain or retain a patient/customer, or to discourage a patient/customer from obtaining a second opinion.
  15. Abandonment of a patient/customer to terminating imminently needed care of a patient/customer without adequate notice.
  16. Paying or offering to pay a rebate, commission, compensation, or any other thing of value to a licensed physician, licensed optometrist, or any other person, in a manner which is unlawful, or which is for the mere act of referring a patient/customer to the dispensing opticianry, rather than as reasonable compensation for services rendered.
  17. Engaging in fraud, deception, misrepresentation, false promise or pretense in the practice of opticianry.
  18. Engaging in substantial and/or repeated acts of negligent or incompetent professional conduct.
  19. Failing to keep written prescription files as required by law.
  20. The unauthorized material disclosure of confidential patient/customer information.
  21. Deceptively altering patient/customer records.
  22. Practicing opticianry or contact lens technicianry if the person is impaired by physical condition in such a manner that the services cannot be provided competently to patient/customers.
  23. Exploitation or abuses of a patient/customer.
  24. Assault and battery of a patient/customer.
  25. Practicing in a manner involving contact with patients/customers while knowingly suffering from a contagious or infectious disease if such contact exposes a patient/customer to a serious and material health risk as defined by the Centers for Disease Control
  26. Engaging in discrimination in the provision of services based on a patientÕs/customerÕs age, sex, race, creed, color, national origin, disability or other basis proscribed by law.
  27. Fitting, dispensing, selling or otherwise providing prescription lenses including contact lenses to any individual without having a valid prescription for that individual.
  28. Duplicating an eyeglass or contact lens, if prohibited by state law.
  29. Failing to make fee or price information available upon presentation of a written prescription or sufficient information on which to base an estimation.
  30. Engaging in other conduct which is determined by ABO/NCLE to be unethical or unprofessional as being inconsistent with generally recognized professional standards.
  31. Professional conduct by an optician or contact lens technician that constitutes an extreme and unjustified deviation from the customary procedures or standard of care accepted in the ophthalmic community and that creates a serious risk of harm to or deception of patients/customers.