Licensing Issues and Defense Strategies for Optometrists in California

| Posted in Licensing Issues on November 11, 2025

Optometrist Licensing Issues and Defense Strategies  Nicole Irmer

Optometrists play a critical role in the health and well-being of Californians by examining patients, diagnosing, and treating injuries and health issues related to the eyes. It takes years of advanced schooling to complete optometry school and become a licensed optometrist. Unfortunately, it can sometimes take just one error to undermine all of that hard work and put your license and livelihood at risk.

The California State Board of Optometry is responsible for governing the practice of optometry in the state. Their role includes both licensure and enforcement of the laws that govern optometrists. If the Board alleges that you violated these laws, it can lead to disciplinary action. Our experienced license defense lawyers will work hard to protect your rights.

At the Law Office of Nicole Irmer, we are committed to providing the highest quality legal representation to optometrists and other healthcare professionals who are dealing with licensure and/or disciplinary issues. We take a multi-pronged approach to license defense, working diligently to help our clients resolve their matter in the most favorable way possible. Contact our law firm today to schedule a consultation with a compassionate California healthcare license defense attorney.

Licensing Issues Facing California Optometrists

In California, optometrists are governed by the State Board of Optometry. The Optometry Board protects California consumers by licensing optometrists in the state. They also regulate the practices of Optometry and Opticianry in California.

Part of the Optometry Board’s role is to enforce the laws and regulations applicable to licensed optometrists. Under California’s Business and Professions Code (BPC), optometrists are required to comply with certain rules and to meet certain standards. Failure to do so could result in disciplinary action.

The disciplinary process begins with a complaint, which could be made by a patient, family member, colleague, supervisor, insurance company, or another member of the public. Disciplinary referrals may also come from law enforcement agencies in cases where an optometrist has been charged with a criminal offense.

After the Optometry Board receives a complaint, it will investigate the allegations to determine if there is a basis to move forward. If you are contacted by a Board investigator, you should not talk to them or sign any paperwork before you have had a chance to talk to a skilled California healthcare license defense lawyer. Anything that you say to the investigator could be used against you in both a disciplinary action and any potential criminal prosecution.

If the complaint is unsubstantiated, then the matter may be closed. For minor violations, the complaint may be resolved through a citation and fine. If the Optometry Board determines that the complaint has merit, then the matter may be forwarded to the Office of the Attorney General. The AG’s office will review the complaint, and if appropriate, file a formal Accusation.

An Accusation may be filed for any violation of the BPC and related regulations. It may also be brought in situations where an optometrist has been charged with or convicted of a crime. Our law firm has represented optometrists who have faced many different allegations related to their license: 

  • Unprofessional conduct
  • Gross misconduct or incompetence
  • Sexual misconduct or sexual harassment
  • Misdiagnosis
  • Failure to refer
  • Substance abuse
  • A charge for drug possession or DUI
  • Lack of capacity to safely practice
  • Misleading advertising
  • Filing fraudulent insurance claims
  • Conviction of certain crimes

After an Accusation has been filed, the matter will proceed to the next phase: a hearing before an administrative law judge (ALJ). In many cases, a skilled California optometry license defense lawyer may be able to work out a stipulated settlement with the Board. Otherwise, the ALJ will hear evidence and arguments before issuing a decision. The Optometry Board will then approve or modify the ALJ’s decision. 

Disciplinary action can result in serious consequences for a licensee. Depending on the nature of the allegations, any prior history of violations, and any mitigating evidence, a disciplinary action may result in:

  • Public reproval
  • License suspension
  • Probation
  • Surrender of license
  • License revocation

Disciplinary action is not a foregone conclusion. If a complaint has been filed against your optometry license, your best course of action is to reach out to a committed healthcare license defense attorney as soon as possible. Through early intervention and a proactive strategy, it is often possible to resolve the case in an informal manner or to achieve a better overall outcome. 

Defense Strategies for Optometrists in California

If you have been contacted by the Optometry Board related to a potential disciplinary matter, you might be overwhelmed and scared. You might not want to deal with the issue, preferring instead to focus on your practice. Unfortunately, ignoring the issue won’t make it go away – and could lead to a worse result.

In this situation, your first step should be to contact the Law Office of Nicole Irmer for a consultation. We can evaluate the complaint against you and help you understand your legal rights and options for defending against it. Should you decide to hire our law firm, we will get to work right away to protect your interests.

While each case is different, our team takes a proactive approach to defending optometrists in Board disciplinary matters. Rather than sitting back and waiting to see what the Board will do, we perform our own investigation and work with our own experts to build a strong defense. Depending on your situation, our defense strategies may include:

  • Contacting the Board’s investigator to offer mitigation evidence to refute the alleged misconduct or support a closure of the complaint;
  • Investigate the case by interviewing witnesses, subpoenaing relevant documents, 
  •  evaluating the evidence, and developing a report;
  • Retain a standard of care expert to rebut allegations of negligence and/or misconduct;
  • In situations involving chemical dependency and/or mental health issues, develop a rehabilitation plan to help you recover, which may mitigate the level of discipline imposed by the Board; and/or
  • Gather the necessary rehabilitation documents, character letters, and other evidence to potentially secure a settlement or to prepare for a hearing before an ALJ.

Whenever possible, we will work to get the complaint dismissed. If that is not possible, we will try to negotiate a settlement with the Board. If we cannot work out a settlement, then we will advocate for you in an administrative hearing. At each step of the way, we will keep you informed and updated, working collaboratively with you to help you get the best possible outcome.

Facing disciplinary action as a licensed optometrist can be frightening. It is possible to defend yourself against the allegations. Our law firm will work with you to develop the strongest possible defense and help you get a favorable result.

Contact a Seasoned California Optometrist Defense Attorney Today

The State Board of Optometry takes its role as the governing body for optometrists very seriously. As such, the Board thoroughly investigates all allegations of professional misconduct and criminal activity among its licensees. If you are facing a complaint or Accusation related to misconduct or negligence as a licensed California optometrist, our law firm will stand by your side and work to defend you.

At the Law Office of Nicole Irmer, we offer skilled, compassionate legal representation to healthcare professionals throughout California, including optometrists. We will work diligently to create a comprehensive, multi-pronged strategy to defend your rights and protect your license and your livelihood. To learn more or to schedule a confidential consultation, give us a call at (619) 237-6130 or click here to schedule a consultation.

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