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Last Updated on: 29th Aug, 2010.

ACTS OF PROFESSIONAL MISCONDUCT.
Professional misconduct is any form of behavior that diminishes or tarnishes the image of a profession in the eyes of the public. Put differently, misconduct is any act that is contrary to all the ingredients embodied in the code of conduct. They attract various degrees of sanctions as specified in Part V of the Act. The Board is empowered by law to invoke commensurate sanctions upon every proven act of misconduct which has been bought before it.
 
For the avoidance of doubt, acts of professional misconduct include every form of unethical behavior by a registered Optometrist or Dispensing Optician in the discharge of professional duties. They include but are not restricted to, the following:
 
  1. Any act of disrespect to a senior professional colleague, knowingly or unknowingly (e.g. use of discourteous or insolent language).
  2. Any form of indent or indecorous behavior amongst professional colleagues (especially between junior and senior).
  3. Any act of disrespect or disregard to constituted authority (e.g. board noa, Ando, etc)
  4. Any act of deception (including extortion) aimed at defrauding a patient/colleague.
  5. Improper relationship with patients under your care, including every definition of sexual harassment.
  6. Improper relationship with colleagues, including every definition of sexual harassment.
  7. Self-advertisement in the media (i.e., print or electronic).
  8. Instigating patients to institute legal proceedings against a colleague.
  9. Referral of patients to colleagues or other healthcare practitioners for a fee.
  10. Improper financial transactions amongst colleagues.
  11. Failure to pay annual subscriptions or renewal fees to the Board or Associations, including every other levy as approved by the Board or Associations. Any untoward professional association with quacks to undermine the professional code of conduct, (e.g., the sale of prescribed lenses in the open market).
  12. Use of billboards to advertise business premises.
  13. Location of practice in an unprofessional environment
  14. Lock-up shops, open market, etc).
  15. Deliberate act of under-charging (i.e., undercutting) in professional services.
  16. Running office beyond recommended business hours except in emergencies.
  17. The unhealthy professional relationship between colleagues and other healthcare practitioners (e.g., General practitioners, Ophthalmologists, etc.)
  18. Operating an Optometry clinic, Ophthalmic laboratory, or lens surfacing/manufacturing factory, that is unregistered with the Board.
  19. Practicing below approved minimum standard (i.e., Optometry clinic, Ophthalmic laboratory, or lens surfacing/manufacturing factory).
  20. Practicing without annual renewal of relevant documents/licenses (practitioner, premises, etc.).
  21. Failure to obtain “informed consent” before a patient (i.e. human subject) is used for research work or experimentation.
  22. Drunkenness and disorderly behavior capable of undermining the integrity of either profession.
  23. False allegation (s) against professional colleague(s).
  24. Organising professional activities without approval from State Chapters or the National body of Association(s).
  25. Impaired ability to practice due to substance addiction, physical or mental illness.
  26. Conviction for felony.
  27. Physical abuse of a patient.
  28. Eye examination in an unapproved environment.

 

ACTS OF MALPRACTICE.
The practice of Optometry and Dispensing Opticianry shall be by well-established standards and methods that are considered adequate and acceptable by the generality of registered members. Such acceptable standards and methods must be in accordance with the knowledge, skill, and practice as imparted in approved training institutions by the Board. Consequently, when any aspect or area of professional practice as conducted by a registered practitioner is called to question by an aggrieved person or by a colleague, or by any other means whatsoever, the clinical procedure of the practitioner will be examined by the Board within the context of malpractice. if such a practitioner is found, by the statutory procedure, to have failed to meet the professionally accepted standards or methods, he/she shall be guilty of malpractice. It is for this reason that every practitioner is advised to practice within the limit of his/her professional knowledge and refer to senior colleagues or other health care practitioners whenever the need arises. Thus, acts of malpractice include, but are not restricted to the following:
  1. Practicing beyond the scope as defined in the Act.
  2. Wrong diagnosis and treatment.
  3. Unauthorized disclosure of clinical information about a patient.

 

ACTS OF NEGLIGENCE

A professional act of negligence is when a practitioner fails in his/her duty to provide adequate care for a patient to prevent avoidable damage or injury. It includes, but is not restricted to, the following:

  1. Failure to attend promptly to a patient requiring urgent attention when the practitioner was in a position to do so (e.g. providing ocular first aid).
  2. Failure to give proper advice to a patient who has a sight-threatening pathological condition (e.g. glaucoma, retinal detachment, etc.)
  3. Failure to refer or late referral of a patient to other healthcare practitioners even when such referral was crucial to the recovery or preservation of sight.

 

HEADSHIP OF TRAINING INSTITUTION
  1. Only a Fellow of the Nigerian College of Optometrists who is in good standing with the Board shall head a training school in Optometry.
  2. Only a registered Optometrist or Dispensing Optician (with a relevant university degree) who is in good standing with the Board shall head a training school in Dispensing Opticianry.

 

FAILURE TO PAY ANNUAL SUBSCRIPTIONS/RENEWAL FEES
  1. Where the practice license of a practitioner is withdrawn for failure to renew same, a fresh license shall be issued only on condition of full payment of all outstanding debts including administrative charges or fines, arising therefrom, to the Board.
  2. Where any premises (i.e. Optometry clinic, Ophthalmic laboratory, lens manufacturing/surfacing factory, etc.) is closed down for failure to renew operational license such premises shall resume business only on condition of full payment of all outstanding debts including administrative charges of fines, arising therefrom, to the Board.

 

UNREGISTERED PERSONS
  1. Following section 13(01) of the Act, a practitioner without a current practising license from the Board shall not be allowed to hold any appointment in the Civil service of the Federation or of a State or in any public or private establishment, body or institution in Nigeria, where such appointment will require him to perform acts of either of the professions.
  2. Any person who falsely claims to be a registered member as established in section 8 of the Act and holds himself/herself out to e be registered or uses any name, title, description, or symbol that is calculated to mislead any person is guilty of an offense and liable to appropriate sanctions ranging from a fine, years of imprisonment or both.

 

RESOLUTION OF INTERNAL PROBLEMS OF NOA/ANDO MEMBERS
  1. Any problem arising from the day-to-day professional activities of every registered Optometrist or Dispensing Optician shall be classified as the internal problems of NOA/ANDO members.
  2. For an aggrieved registered Optometrist or Dispensing Optician, the channel of communication for the resolution of internal problems shall be through the State Chairman, President, and the Board, in that order.
  3. Any registered Optometrist or Dispensing Optician, who seeks external intervention (e.g. through the Law courts, NGOs, etc) in ethical issues without internal conflict resolution of the Board, shall be guilty of misconduct.
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