Filing A Complaint

The Board’s procedures for handling complaints are governed by statute and other applicable Arizona law such as the Arizona Administrative Code and the Public Information Act. As we often receive inquiries concerning these procedures, the following summary explains the Board’s Procedures for handling complaints.

Section 32-1743 of the Arizona Optometric Practice Act lists the violations with which an optometrist may be charged, and indicates that such a violation may result in the denial of a license, the issuance of a formal reprimand, or the suspension or revocation of a license.  See the statute here: https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/32...

Unlicensed Individuals:

Once a complaint is received by the Board, the Board first determines whether it has jurisdiction to investigate the complaint. If the individual is neither a licensed optometrist nor an applicant for licensure, the Board may ask the office of the Attorney General to refer the complaint for prosecution by the State’s Attorney in the locality where the individual lives, provided that the individual appears to have been either practicing optometry illegally or has misrepresented himself or herself as an optometrist. In some circumstances, the Board may choose to write a letter to the individual, asking that he or she cease or desist from the illegal activity.

Licensed Practitioners:

If the individual is either a licensed optometrist or an applicant for licensure, the Board will determine whether the complaint alleges that the individual committed any of the acts enumerated in A.R.S. §32-1743. The Board then sends a copy of the complaint to the practitioner and asks for a response to the issues in the complaint and provides any relevant records to the Board. At a public meeting, the Board reviews the response and the complaint and determines what action is appropriate to any violations found. 

Decisions:

The Board shall review the complaint and response and may dismiss the complaint, investigate it further or bring its own complaint against the licensee. The board may resolve a disciplinary matter informally or after a formal hearing.  The board or its designee shall inform the complainant of the findings of the investigation and the resolution of the complaint.

Using the Official Complaint Form:

A complaint against an optometrist may be filed either in writing or in person at the Board Office. The Board suggests using an official complaint form:

Please use the online fillable form below.

You may also request a form by:

• writing to the Board at: 1740 W. Adams St., Suite 3003, Phoenix, AZ 85007;
• telephoning the Board 602-542-8155;
• e-mailing the Board [please include your name and mailing address with the e-mail] at [email protected].

Completing the Complaint Form:

After you receive the form, describe the complaint in detail on the form. The Board will need your signature on the complaint form and the patient record release form, which allows the Board to obtain your patient records from the optometrist. You may e-mail or mail via U.S. Postal Service, the completed form to the address on the form.

A complaint should contain, enough information to begin an investigation, including at least the following information:

• name, address, and phone number of person making complaint; name, address and phone number of the optometrist (if not an optometrist, the person, firm, or corporation);
• date, time and place where the incident with the optometrist happened as well as a complete description of the events.