(1) Unprofessional conduct includes, but is not limited to, the following items or combination thereof:

(a) Making a false or misleading statement regarding his or her skill or the efficacy or value of the medicine, device, treatment or remedy prescribed by him or her or used at his or her direction in the treatment of any disease or other condition.

(b) Negligence in the practice of optometry as determined by the board.

(c) Gross incompetence in the practice of optometry as determined by the board.

(d) A pattern of practice or other behavior that demonstrates rendering of substandard care, either individually or as part of a third-party reimbursement agreement or any other agreement.

(e) Commission of any act of sexual abuse, misconduct or exploitation related to the licensee's practice of optometry.

(f) Prescribing, selling, administering, distributing or giving any drug legally classified as a controlled substance or as an addictive or dangerous drug for other than accepted diagnostic or therapeutic purposes.

(g) Prescribing, selling, administering, distributing or giving a drug legally classified as a controlled substance or as an addictive or dangerous drug to a family member or to himself or herself.

(h) Violating any state or federal law or regulation relating to a drug legally classified as a controlled substance.

(i) Obtaining any fee by fraud, deceit or misrepresentation.

(j) Sanctions or disciplinary actions taken by a peer review body, a hospital or other health care institution or a professional association or society for acts or conduct similar to acts or conduct that would constitute grounds for action as defined in the act.

(k) Surrender of a license or authorization to practice optometry in another state or jurisdiction, or surrender of membership on any staff or in any professional association or society while under disciplinary investigation by any of those authorities or bodies for acts or conduct similar to acts or conduct that would constitute grounds for action as defined in this act.

(l) Any adverse judgment, award or settlement against the licensee resulting from a professional liability claim related to acts or conduct similar to acts or conduct that would constitute grounds for action as defined in this act.

(m) Failure to furnish the board, its investigators or representatives, information legally requested by the board.

(n) Violation of any provision(s) of the Optometry Practice Act or the rules and regulations of the board or of an action, stipulation or agreement of the board.

(o) The designation of any person licensed under this act other than by the terms "Optometrist", "Doctor of Optometry" or "O.D."

(p) For a licensee to knowingly submit or cause to be submitted any misleading, deceptive or fraudulent representation on a claim form, bill or statement.

(q) For any person to sell, or offer to sell, any eyeglasses or lenses for the correction of refractive error except on prescription of a licensed optometrist or licensed physician.

(r) Providing ophthalmic lenses and materials that do not meet federally established impact resistance standards.

(s) Persistently maintaining, in the practice of optometry, unsanitary offices, practices or techniques.