Section R4-20-118. Unprofessional Conduct

In addition to actions specified in A.R.S. § 32-1696, unprofessional conduct in the practice of optical dispensing includes the following:

1.        Substandard care as specified in R4-20-119;

2.        Failing to maintain a copy or record of the customer’s prescription and failing to prepare and maintain a record of optical devices dispensed for at least three years. The record of optical devices dispensed shall include the brand, style, and size of the frame, if any, and the style, material, source, and all other information necessary to accurately reproduce each lens. The record shall be sepa- rate from optometrists’ or physicians’ records;

3.        Failing or refusing to make a copy of a prescription or record described in subsection (2) promptly available to the customer who is the subject of the prescription or record, the customer’s designated representative, the cus- tomer’s prescribing practitioner, or the Board or its inves- tigator, when requested. Notwithstanding this provision, a dispensing optician need not make the record of contact lenses dispensed on a trial basis available to the customer;

4.        Failing or refusing to take corrective action or investigate a customer complaint concerning the manufacture or fit of eyeglasses, contact lenses, or other optical devices dis- pensed at the establishment by which the dispensing opti- cian is employed if there is a substantial basis for the complaint;

5.        Failure of any person, corporation, company, partnership, firm, association or society to maintain an active optical establishment license as required by R4-20-110; and

6.        Failure to comply with a Board order.

Historical Note

Adopted effective September 18, 1987 (Supp. 87-3).

Amended effective July 22, 1994 (Supp. 94-3). Amended by final rulemaking at 11 A.A.R. 3660, effective Novem- ber 15, 2005 (Supp. 05-3). Amended by final rulemaking

at 14 A.A.R. 3668, effective November 8, 2008 (Supp.

08-3). Amended by final rulemaking at 19 A.A.R. 584,

effective May 5, 2013 (Supp. 13-1).