18VAC80-30-160. Grounds for disciplinary action.
A. The board is empowered to revoke, suspend, or refuse to grant or renew a license and is empowered to impose a fine up to the statutory limit, as authorized under § 54.1-202 of the Code of Virginia, per violation on a licensee for any of the following reasons:
1. Displaying professional incompetence or negligence, including failure to comply with this chapter in the performance of opticianry;
2. Presenting false or fraudulent information on an application certifying possession of the qualifications required under 18VAC80-30-20;
3. Violating or inducing others to violate any provisions of Chapter 1 (§ 54.1-100 et seq.), 2 (§ 54.1-200 et seq.), 3 (§ 54.1-300 et seq.), or 15 (§ 54.1-1500 et seq.) of Title 54.1 of the Code of Virginia, any other statute applicable to the practice of the profession regulated by this chapter, or any provisions of this chapter;
4. Publishing or causing to be published any advertisement related to opticianry that is false, deceptive, or misleading;
5. Having been convicted in any jurisdiction of a misdemeanor involving sexual offense or physical injury in the last three years or a felony involving sexual offense, physical injury, drug distribution, or crimes involving the profession of opticianry. The board has the authority to determine, based upon all the information available, including the applicant's record of prior convictions, if the applicant is unfit or unsuited to engage in the profession of opticianry;
6. Having been disciplined by another jurisdiction in the practice of opticianry. Documentary evidence of such discipline must be submitted by the licensee to the board within 10 days after all appeal rights have expired; or
7. Allowing any person to engage in the practice of opticianry, except an optician apprentice or student enrolled in a course in a school of opticianry under the direct supervision of a licensed optician.
B. A finding of improper or dishonest conduct in the practice of the profession by a court of competent jurisdiction is cause for disciplinary action.
Statutory Authority
§ 54.1-201 of the Code of Virginia.
Historical Notes
Former 18VAC100-20-110 derived from VR505-01-1:1 § 3.3, eff. November 1, 1991; amended, Virginia Register Volume 17, Issue 9, eff. March 1, 2001; amended and renumbered as 18VAC80-30-160, Virginia Register Volume 28, Issue 23, eff. August 15, 2012; amended, Virginia Register Volume 38, Issue 4, eff. December 1, 2021; Volume 42, Issue 8, eff. January 1, 2026.