SB230 H H&HR AM D1
The House Committee on Health and Human Resources moves to
amend the bill on page three, following the enacting clause by
deleting the remainder of the bill and inserting in lieu thereof
ARTICLE 8. OPTOMETRISTS.
§30-8-1. Unlawful acts.
(a) It is unlawful for any person to practice or
offer to practice optometry in this state without a license or
permit issued under the provisions of this article, or advertise or
use any title or description tending to convey the impression that
they are an optometrist unless the person has been duly licensed or
permitted under the provisions of this article.
(b) A business entity may not render any service or
engage in any activity which, if rendered or engaged in by an
individual, would constitute the practice of optometry, except
through a licensee or
(c) A licensee may not practice optometry as an
employee of any commercial or mercantile establishment.
(d) A licensee may not practice optometry on
premises not separate from premises whereon eyeglasses, lenses,
eyeglass frames or any other merchandise or products are sold by
any other person. For the purposes of this section, any room or
suite of rooms in which optometry is practiced shall be considered
separate premises if it has a separate and direct entrance from a
street or public hallway or corridor within a building, which corridor is partitioned off by partitions from floor to ceiling.
(e) A person who is not licensed under this article
as an optometrist may not characterize himself or herself as an
"optometrist," "doctor of optometry," or
nor may a person use the designation or as an "OD".
§30-8-2. Applicable law.
The practice of optometry and the Board of Optometry
are subject to the provisions of article one of this chapter, the
provisions of this article and the board's rules.
As used in this article:
(a) "Appendages" means the eyelids, the eyebrows,
the conjunctiva and the lacrimal apparatus.
(b) "Applicant" means any person making application
for a license, certificate or temporary permit under the provisions
of this article.
(c) "Board" means the West Virginia Board of
(d) "Business entity" means any firm, partnership,
association, company, corporation, limited partnership, limited
liability company or other entity owned by licensees that practices
(e) "Certificate" means a prescription certificate
issued under section fifteen of this article.
(f) "Certificate holder" means a person authorized
to prescribe certain drugs under section fifteen of this article.
(g) "Collaborative arrangement" means a written
protocol agreement for each patient to be executed between an
optometrist and ophthalmologist, and filed with the appropriate
licensing boards, for an optometrist meeting the criteria of this
article. The ophthalmologist must be notified when the procedure
takes place by the optometrist and be available within forty miles
of the treatment site in case patient complications require a
(h)(g) "Examination, diagnosis and treatment" means
a method compatible with accredited optometric education and
professional competence pursuant to this article.
(i)(h)"License" means a license to practice
(j)(i) "Licensee" means an optometrist licensed
under the provisions of this article.
(k)(j) "Ophthalmologist" means a physician
specializing in ophthalmology licenced in West Virginia to practice
medicine and surgery under article thereof this chapter or
osteopathy under article fourteen of this chapter.
(l)(k) "Permitee" "Permittee" means a person holding
a temporary permit.
(m)(l) "Practice of optometry" means the examining,
diagnosing and treating of any visual defect or abnormal condition
of the human eye or its appendages within the scope established in
this article or associated rules. For billing purposes only, an
optometrist shall be viewed as a physician-level practitioner.
(n)(m) "Temporary permit" or "permit" means a permit
issued to a person who has graduated from an approved school, has
taken the examination prescribed by the board, and is awaiting the
results of the examination.
§30-8-4. Board of Optometry.
(a) The West Virginia Board of Optometry is
continued. The members of the board in office on July 1, 2010,
shall, unless sooner removed, continue to serve until their
respective terms expire and until their successors have been
appointed and qualified.
(b) The board shall consist of the following members
appointed by the Governor, by and with the advice and consent of
(1) Five licensed optometrists; and
(2) Two citizen members, who are not licensed under
the provisions of this article and who do not perform any services
related to the practice of the profession regulated under the
provisions of this article.
(c) Each licensed member of the board, at the time
of his or her appointment, must have held a professional license in
this state for a period of not less than three years immediately
preceding the appointment.
(d) Each member of the board must be a resident of
this state during the appointment term.
(e) The term shall be three years. A member may not
serve more than two consecutive full terms. A member may continue to serve until a successor has been appointed and has qualified.
(f) A vacancy on the board shall be filled by
appointment by the Governor for the unexpired term of the member
whose office is vacant and the appointment shall be made within
sixty days of the vacancy.
(g) The Governor may remove any member from the
board for neglect of duty, incompetency or official misconduct.
(h) A member of the board immediately and
automatically forfeits membership to the board if his or her
license to practice is suspended or revoked, is convicted of a
felony under the laws of any jurisdiction, or becomes a nonresident
of this state.
(i) The board shall elect annually a president and
a secretary-treasurer from its members who serve at the will of the
(j) Each member of the board is entitled to
compensation and expense reimbursement in accordance with article
one of this chapter.
(k) A majority of the members of the board
constitutes a quorum.
(l) The board shall hold at least two meetings a
year. Other meetings may be held at the call of the president or
upon the written request of two members at the time and place as
designated in the call or request.
(m) Prior to commencing his or her duties as a
member of the board, each member shall take and subscribe to the oath required by section five, article four of the Constitution of
§30-8-5. Powers and duties of the board.
(a) The board has all the powers and duties set
forth in this article, by rule, in article one of this chapter and
elsewhere in law.
(b) The board shall:
(1) Hold meetings, conduct hearings and administer
(2) Establish requirements for licenses,
certificates and permits;
(3) Establish procedures for submitting, approving
and rejecting applications for licenses, certificates and permits;
(4) Determine the qualifications of any applicant
for licenses, certificates and permits;
(5) Prepare, conduct, administer and grade
examinations for licenses;
(6) Determine the passing grade for the
(7) Maintain records of the examinations by the
board or a third party administer, including the number of persons
taking the examinations and the pass and fail rate;
(8) Hire, discharge, establish the job requirements
and fix the compensation of the executive secretary;
(9) Maintain an office and hire, discharge,
establish the job requirements and fix the compensation of employees, investigators and contracted employees necessary to
enforce the provisions of this article;
(10) Investigate alleged violations of the
provisions of this article, legislative rules, orders and final
decisions of the board;
(11) Conduct disciplinary hearings of persons
regulated by the board;
(12) Determine disciplinary action and issue orders;
(13) Institute appropriate legal action for the
enforcement of the provisions of this article;
(14) Maintain an accurate registry of names and
addresses of all licensees regulated by the board;
(15) Keep accurate and complete records of its
proceedings, and certify the same as may be necessary and
(16) Establish the continuing education requirements
(17) Issue, renew, combine, deny, suspend, revoke or
reinstate licenses, certificates and permits;
(18) Establish a fee schedule;
(19) Propose rules in accordance with the provisions
of article three, chapter twenty-nine-a of this code to implement
the provisions of this article; and
(20) Take all other actions necessary and proper to
effectuate the purposes of this article.
(c) The board may:
(1) Contract with third parties to administer the
examinations required under the provisions of this article;
(2) Sue and be sued in its official name as an
agency of this state; and
(3) Confer with the Attorney General or his or her
assistant in connection with legal matters and questions.
(a) The board shall propose rules for legislative
approval, in accordance with the provisions of article three,
chapter twenty-nine-a of this code, to implement the provisions of
this article, including:
(1) Standards and requirements for licenses,
certificates and permits;
(2) Procedures for examinations and reexaminations;
(3) Requirements for third parties to prepare and/or
administer examinations and reexaminations;
(4) Educational and experience requirements;
(5) The passing grade on the examinations;
(6) Standards for approval of courses and
(7) Procedures for the issuance and renewal of
licenses, certificates and permits;
(8) A fee schedule;
(9) A prescription drug formulary classifying those
categories of oral drugs rational to the diagnosis and treatment of
visual defects or abnormal conditions of the human eye and its appendages, which may be prescribed by licensees from Schedules
III, IV and V of the Uniform Controlled Substances Act. The drug
formulary may also include oral antibiotics, oral nonsteroidal
anti-inflammatory drugs and oral carbonic anhydrase inhibitors
The board shall consult with the Board of Pharmacy and other
appropriate boards before releasing these rules for public comment;(10) Requirements
, in addition to the requirements
for obtaining a certificate, for prescribing and dispensing contact
lenses that contain and deliver pharmaceutical agents that have
been approved by the Food and Drug Administration as a drug;
(11) Continuing education requirements for
(12) The procedures for denying, suspending,
revoking, reinstating or limiting the practice of licensees,
certificate holders and
(13) Requirements for inactive or revoked licenses,
certificates or permits;
and(14) Requirements for an expanded scope of practice
for those procedures that are taught at 50% of all accredited
(14)(15) Any other rules necessary to effectuate the
provisions of this article.
(b) All of the board's rules in effect on July 1,
2010, shall remain in effect until they are amended or repealed,
and references to provisions of former enactments of this article
are interpreted to mean provisions of this article.
(c) The board shall promulgate procedural and
interpretive rules in accordance with section eight, article three,
chapter twenty-nine-a of this code.
§30-8-7. Fees; special revenue account; administrative fines.
(a) All fees and other moneys, except administrative
fines, received by the board shall be deposited in a separate
special revenue fund in the State Treasury designated the "West
Virginia Board of Optometry Fund", which is continued. The fund is
used by the board for the administration of this article. Except
as may be provided in article one of this chapter, the board
retains the amount in the special revenue account from year to
year. No compensation or expense incurred under this article is a
charge against the General Revenue Fund.
(b) Any amount received as fines, imposed pursuant
to this article, shall be deposited into the General Revenue Fund
of the State Treasury.
§30-8-8. License to practice optometry.
(a) To be eligible for a license to engage in the
practice of optometry, the applicant must:
(1) Be at least twenty-one years of age;
(2) Be of good moral character;
(3) Graduate from a school approved by the
Accreditation Council on Optometric Education or successor
(4) Pass an examination prescribed by the board;
(5) Complete an interview with the board;
(6) Not be addicted to the use of alcohol, drugs or
other controlled substances;
(7) Not have been convicted of a felony in any
jurisdiction within ten years preceding the date of application for
license, which conviction has not been reversed; and
(8) Not have been convicted of a misdemeanor or
felony in any jurisdiction if the offense for which he or she was
convicted related to the practice of optometry, which conviction
has not been reversed.
(b) A registration to practice issued by the board
prior to July 1, 2010, shall for all purposes be considered a
license issued under this article: Provided, That a person holding
a registration issued prior to July 1, 2010, must renew pursuant
to the provisions of this article.
§30-8-9. Scope of Practice.
(a) An licensee may:
(1) Examine, diagnosis and treat diseases and
conditions of the human eye and its appendages within the scope
established in this article or associated rules
(2) Administer or prescribe any drug for topical
application to the anterior segment of the human eye for use in the
examination, diagnosis or treatment of diseases and conditions of
the human eye and its appendages: Provided, That the licensee has
first obtained a certificate;
(3)(a) Administer or prescribe any drug from the
drug formulary, as established by the board pursuant to section six of this article, for use in the examination, diagnosis or treatment
of diseases and conditions of the human eye and its appendages:
Provided, That the licensee has first obtained a certificate;
(b) New drugs and new drug indications may be added
to the drug formulary by approval of the board;
(4) Administer epinephrine by injection to treat
emergency cases of anaphylaxis or anaphylactic shock;
(5) Prescribe and dispense contact lenses that
contain and deliver pharmaceutical agents and that have been
approved by the Food and Drug Administration as a drug;
That the licensee has first obtained a certificate and satisfied
all requirements as set out in legislative rule;(6) Prescribe, fit, apply, replace, duplicate or
alter lenses, prisms, contact lenses, orthoptics, vision training,
(7) Perform the following procedures:
(A) Remove a foreign body from the ocular surface
and adnexa utilizing a non-intrusive method;
(B) Remove a foreign body, external eye,
conjunctival, superficial, using topical anesthesia;
(C) Remove embedded foreign bodies or concretions
from conjunctiva, using topical anesthesia, not involving sclera;
(D) Remove corneal foreign body not through to the
second layer of the cornea using topical anesthesia;
(E) Epilation of lashes by forceps;
(F) Closure of punctum by plug; and
(G) Dilation of the lacrimal puncta with or without
(8) Furnish or provide any prosthetic device to
correct or relieve any defects or abnormal conditions of the human
eye and its appendages;
(9) Order laboratory tests rational to the
examination, diagnosis, and treatment of a disease or condition of
the human eye and its appendages;
(10) Use a diagnostic laser; and
(11) A licensee is also permitted to perform those
procedures authorized by the board prior to January 1, 2010.
An A licensee may not:
(1) Perform surgery except as provided in this
article, by legislative rule or by joint written agreement between
the board and the Board of Medicine;
(2) Use a therapeutic laser
: Provided , That a
licensee, who has the proper training as determined by the board,
may use Argon Laser Trabeculoplasty procedures, Selective Laser
Trabeculoplasty procedures and Peripheral Iridotomy procedures
the treatment of glaucoma when such licensee is working in a
collaborative arrangement with an ophthalmologist: Provided,
however, That a licensee who observes progressive vision loss in a
patient shall refer that patient to an ophthalmologist;
Schedule I and Schedule II controlled
(4) Treat systemic disease; or
(5) Present to the public that he or she is a
specialist in surgery of the eye.
The following persons are exempt from licensure
under this article:
(1) Persons licensed to practice medicine and
surgery under article three of this chapter or osteopathy under
article fourteen of this chapter;
(2) Persons and business entities who sell or
manufacturer manufacture ocular devices in a permanently
established place of business, who neither practice nor attempt to
§30-8-11. Issuance of license; renewal of license; renewal fee;
display of license.
(a) A licensee shall annually or biennially on or
before July 1, renew his or her license by completing a form
prescribed by the board, paying the renewal fee and submitting any
other information required by the board.
(b) The board shall charge a fee for renewal of a
license, and a late fee for any renewal not paid by the due date.
(c) The board shall require as a condition of
renewal of a license that each licensee complete continuing
(d) The board may deny an application for renewal
for any reason which would justify the denial of an original application for a license.
§30-8-12. Temporary permits.
(a) Upon proper application and the payment of a
fee, the board may issue, without examination, a temporary permit
to engage in the practice of optometry in this state.
(b) If the
permiteepermittee receives a passing
score on the examination, a temporary permit expires thirty days
after the permiteepermittee receives the results of the
permitee permittee receives a failing
score on the examination, the temporary permit expires immediately.
(d) An applicant under this subsection may only be
issued one temporary permit. Upon the expiration of a temporary
permit, a person may not practice as an optometrist until he or she
is fully licensed under the provisions of this article. In no
event may a
permitee permittee practice on a temporary permit
beyond a period of ninety consecutive days.
(e) A temporary
permitee permittee under this
section shall work under the supervision of a licensee, with the
scope of such supervision to be defined by the board by legislative
§30-8-13. License from another jurisdiction; license to practice
in this state.
(a) The board may issue a license to practice to an applicant of good moral character who holds a valid license or
other authorization to practice optometry from another
jurisdiction, if the applicant demonstrates that he or she:
(1) Holds a license or other authorization to
practice optometry in another state which requirements are
substantially equivalent to those required in this state;
(2) Does not have charges pending against his or her
license or other authorization to practice, and has never had a
license or other authorization to practice revoked;
(3) Has not previously failed an examination for
professional licensure in this state;
(4) Has paid the applicable fee;
(5) Has passed the examination prescribed by the
(6) Has fulfilled any other requirement specified by
(b) In its discretion, the board may interview and
examine an applicant for licensing under this section. The board
may enter into agreements for reciprocal licensing with other
jurisdictions having substantially similar requirements for
§30-8-14. Prescriptive authority.
(a) A licensee may prescribe: (1) topical
pharmaceutical agents, (2) oral pharmaceutical agents that are
included in the drug formulary established by the board pursuant to
section six of this article or new drugs or new drug indications added by a decision of the board, and (3) contact lenses that
contain and deliver pharmaceutical agents that have been approved
by the Food and Drug Administration as a drug
, only if
has first obtained a certificate from the board.
To obtain a certificate from the board, An
(1) Submit a completed application;
(2) Pay the appropriate fee;
(3) Show proof of current liability insurance
(4) Complete the board required training;
(5) Pass an examination; and
(6) Complete any other criteria the board may
establish by rule.
c) Certificates shall be issued to coincide with the
licensing period.§30-8-15. Administration of injectable pharmaceutical agents
(a) A licensee may not administer pharmaceutical
agents by injection, other than epinephrine to treat emergency
cases of anaphylaxis or anaphylactic shock, unless the provisions
of this section, along with any legislative rule promulgated
pursuant to this section, have been met.
(b) Additional pharmaceutical agents by injection
may be included by agreement between the board and the Board of
Medicine or the board may propose rules for legislative approval in
accordance with the provisions of article three, chapter twenty-nine-a of this code.
These rules shall
provided provide, at a
minimum, for the following:
(1) Establishment of a course, or provide a list of
approved courses, in administration of pharmaceutical agents by
(2) Definitive treatment guidelines which shall
include, but not be limited to, appropriate observation for an
adverse reaction of an individual following the administration of
a pharmaceutical agent by injection;
(3) A requirement that a licensee shall have
completed a board approved injectable administration course and
completed an American Red Cross or American Heart Association basic
life-support training, and maintain certification in the same;
(4) Continuing education requirements for this area
(5) Reporting requirements for licensees
administering pharmaceutical agents by injection to report to the
primary care physician or other licensed health care provider as
identified by the person receiving the pharmaceutical agent by
(6) Reporting requirements for licensees
administering pharmaceutical agents by injection to report to the
(7) That a licensee may not delegate the authority
to administer pharmaceutical agents by injection to any other
(8) Any other provisions necessary to implement the provisions
of this section.
(c) In no event may a licensee be granted authority under this
section to administer a pharmaceutical agent by injection directly
into the globe of the eye.
§30-8-16. Special volunteer license; civil immunity for voluntary
services rendered to indigents.
(a) There is established a special volunteer license for
optometrists who are retired or are retiring from the active
practice of optometry and wish to donate their expertise for the
care and treatment of indigent and needy patients in the clinic
setting of clinics organized, in whole or in part, for the delivery
of health care services without charge.
(b) The special volunteer license shall be issued by the board
to optometrists licensed or otherwise eligible for licensure under
this article without the payment of an application fee, license fee
or renewal fee, and shall be issued for the remainder of the
licensing period, and renewed consistent with the boards other
(c) The board shall develop application forms for the special
volunteer license provided in this section which shall contain the
optometrist's acknowledgment that:
(1) The optometrist's practice under the special volunteer
license will be exclusively devoted to providing optometrical care
to needy and indigent persons in West Virginia;
(2) The optometrist will not receive any payment or compensation, either direct or indirect, or have the expectation of
any payment or compensation, for any optometrical services rendered
under the special volunteer license;
(3) The optometrist will supply any supporting documentation
that the board may reasonably require; and
(4) The optometrist agrees to continue to participate in
continuing education as required by the board for a special
(d) Any optometrist who renders any optometrical service to
indigent and needy patients of a clinic organized, in whole or in
part, for the delivery of health care services without charge,
under a special volunteer license authorized under this section
without payment or compensation or the expectation or promise of
payment or compensation is immune from liability for any civil
action arising out of any act or omission resulting from the
rendering of the optometrical service at the clinic unless the act
or omission was the result of the optometrist's gross negligence or
willful misconduct. In order for the immunity under this
subsection to apply, before the rendering of any services by the
optometrist at the clinic, there must be a written agreement
between the optometrist and the clinic stating that the optometrist
will provide voluntary uncompensated optometrical services under
the control of the clinic to patients of the clinic before the
rendering of any services by the optometrist at the clinic:
Provided, That any clinic entering into such written agreement is
required to maintain liability coverage of not less than $1 million per occurrence.
(e) Notwithstanding the provisions of subsection (d) of this
section, a clinic organized, in whole or in part, for the delivery
of health care services without charge is not relieved from imputed
liability for the negligent acts of an optometrist rendering
voluntary optometrical services at or for the clinic under a
special volunteer license under this section.
(f) For purposes of this section, "otherwise eligible for
licensure" means the satisfaction of all the requirements for
licensure in this article except the fee requirements.
(g) Nothing in this section may be construed as requiring the
board to issue a special volunteer license to any optometrist whose
license is or has been subject to any disciplinary action or to any
optometrist who has surrendered a license or caused such license to
lapse, expire and become invalid in lieu of having a complaint
initiated or other action taken against his or her license, or who
has elected to place a license in inactive status in lieu of having
a complaint initiated or other action taken against his or her
license, or who has been denied a license.
(h) Any policy or contract of liability insurance providing
coverage for liability sold, issued or delivered in this state to
any optometrist covered under the provisions of this article shall
be read so as to contain a provision or endorsement whereby the
company issuing such policy waives or agrees not to assert as a
defense on behalf of the policyholder or any beneficiary thereof,
to any claim covered by the terms of such policy within the policy limits, the immunity from liability of the insured by reason of the
care and treatment of needy and indigent patients by an optometrist
who holds a special volunteer license.
§30-8-17. Optometric business entities.
(a) Only licensees may own a business entity that practices
(b) A licensee may be employed by the business entity.
(c) A business entity shall cease to engage in the practice of
optometry when it is not wholly owned by licensees: Provided, That
the personal representative of a deceased shareholder shall have a
period, not to exceed eighteen months from the date of such
shareholder's death, to dispose of such shares.
§30-8-18. Complaints; investigations; due process procedure;
grounds for disciplinary action.
(a) The board may upon its own motion based on credible
information, and shall upon the written complaint of any person
cause an investigation to be made to determine whether grounds
exist for disciplinary action under this article or the legislative
rules of the board.
(b) Upon initiation or receipt of the complaint, the board
shall provide a copy of the complaint to the licensee, certificate
(c) After reviewing any information obtained through an
investigation, the board shall determine if probable cause exists
that the licensee or
permitee permittee has violated subsection (g) of this section or rules promulgated pursuant to this article.
(d) Upon a finding that probable cause exists that the
permitee permittee has violated subsection (g) of this
section or rules promulgated pursuant to this article, the board
may enter into a consent decree or hold a hearing for the
suspension or revocation of the license, certificate or permit or
the imposition of sanctions against the licensee, certificate
holder or permitee permittee. Any hearing shall be held in
accordance with the provisions of this article, and the provisions
of articles five and six, chapter twenty-nine-a of this code.
(e) Any member of the board or the executive secretary of the
board may issue subpoenas and subpoenas duces tecum on behalf of
the board to obtain testimony and documents to aid in the
investigation of allegations against any person regulated by the
(f) Any member of the board or its executive secretary may
sign a consent decree or other legal document on behalf of the
(g) The board may, after notice and opportunity for hearing,
deny or refuse to renew, suspend or revoke the license, certificate
or permit of, impose probationary conditions upon or take
disciplinary action against, any licensee, certificate holder or
permitee permittee for any of the following reasons once a
violation has been proven by a preponderance of the evidence:
(1) Obtaining a license, certificate or permit by fraud,
misrepresentation or concealment of material facts;
(2) Being convicted of a felony or other crime involving moral
(3) Being guilty of unprofessional conduct which placed the
public at risk;
(4) Intentional violation of a lawful order;
(5) Having had an authorization to practice optometry revoked,
suspended, other disciplinary action taken, by the proper
authorities of another jurisdiction;
(6) Having had an application to practice optometry denied by
the proper authorities of another jurisdiction;
(7) Exceeded the scope of practice of optometry;
(8) Aiding or abetting unlicensed practice;
(9) Engaging in an act while acting in a professional capacity
which has endangered or is likely to endanger the health, welfare
or safety of the public; or
(10) False and deceptive advertising; this includes, but is
not limited to, the following:
(A) Advertising "free examination of eyes," or words of
similar import and meaning; or
(B) Advertising frames or mountings for glasses, contact
lenses, or other optical devices which does not accurately describe
the same in all its component parts
(c) Advertising or marketing as an optometric physician if
such term was not in the practice name prior to January 1, 2010.
(h) For the purposes of subsection (g) of this section
disciplinary action may include:
(3) Administrative fine, not to exceed $1,000 per day per
(4) Mandatory attendance at continuing education seminars or
(5) Practicing under supervision or other restriction;
(6) Requiring the licensee or certificate holders to report to
the board for periodic interviews for a specified period of time;
(7) Other corrective action considered by the board to be
necessary to protect the public, including advising other parties
whose legitimate interests may be at risk.
§30-8-19. Procedures for hearing; right of appeal.
(a) Hearings shall be governed by the provisions of section
eight, article one of this chapter.
(b) The board may conduct the hearing or elect to have an
administrative law judge conduct the hearing.
(c) If the hearing is conducted by an administrative law
judge, at the conclusion of a hearing he or she shall prepare a
proposed written order containing findings of fact and conclusions
of law. The proposed order may contain proposed disciplinary
actions if the board so directs. The board may accept, reject or
modify the decision of the administrative law judge.
(d) Any member or the executive secretary of the board has the
authority to administer oaths, examine any person under oath and issue subpoenas and subpoenas duces tecum.
(e) If, after a hearing, the board determines the licensee,
certificate holder or
permitee permittee has violated the
provisions of this article or the board's legislative rules, a
formal written decision shall be prepared which contains findings
of fact, conclusions of law and a specific description of the
disciplinary actions imposed.
§30-8-20. Judicial review.
Any licensee, certificate holder or
adversely affected by a decision of the board entered after a
hearing may obtain judicial review of the decision in accordance
with section four, article five, chapter twenty-nine-a of this
code, and may appeal any ruling resulting from judicial review in
accordance with article six, chapter twenty-nine-a of this code.
§30-8-21. Criminal proceedings; penalties.
(a) When, as a result of an investigation under this article
or otherwise, the board has reason to believe that a licensee,
certificate holder or
permiteepermittee has committed a criminal
offense under this article, the board may bring its information to
the attention of an appropriate law-enforcement official.
(b) A person violating section one of this article is guilty
of a misdemeanor and, upon conviction thereof, shall be fined not
$500$1,000 nor more than $1000 $5,000 or confined in jail
not more than six months, or both fined and confined.
§30-8-22. Single act evidence of practice.
In any action brought or in any proceeding initiated under
this article, evidence of the commission of a single act prohibited
by this article is sufficient to justify a penalty, injunction,
restraining order or conviction without evidence of a general
course of conduct.