BEFORE THE BOARD OF OPTOMETRY DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Amended Accusation Case No. 1002502512 Against: OAH No. 2017070083 Gary Bruce Myers 1012 Main St Ste 105 Ramona, CA 92065

Optometrist License No. 7998

Respondent

DECISION

The attached Proposed Decision is hereby adopted by the California State Board of Optometry, Department of Consumer Affairs, as its Decision in this matter.

This Decision shall become effective December 22, 2017 .

It is so ORDERED November 22, 2017 .

______Cyd Brandvein, President California State Board of Optometry

1 XAVIER BECERRA Attorney General of California 2 ANTOINETTE B. CINCOTTA Supervising Deputy Attorney General 3 NICOLE R. TRAMA Deputy Attorney General 4 State Bar No. 263607 600 West Broadway, Suite 1800 5 San Diego, CA 92101 P.O. Box 85266 6 San Diego, CA 92186-5266 Telephone: (619) 738-9441 7 Facsimile: (619) 645-2061 Attorneys for Complainant 8 BEFORE THE 9 CALIFORNIA STATE BOARD OF OPTOMETRY DEPARTMENT OF CONSUMER AFFAIRS 10 STATE OF CALIFORNIA

11 In the Matter of the Accusation Against: Case No. 1002502512 12 GARY BRUCE MYERS 13 398 D Street Ramona, CA 92065 A C C U S A T I O N 14 Optometrist License No. OPT 7998 15 Respondent. 16

17 Complainant alleges: 18 PARTIES 19 1. Jessica Sieferman (Complainant) brings this Accusation solely in her official capacity

20 as the Executive Officer of the California State Board of Optometry (Board), Department of 21 Consumer Affairs. 22 2. On or about February 3, 1984, the Board issued Optometrist License Number OPT 23 7998 to Gary Bruce Myers (Respondent). The Optometrist License expired on December 31, 24 2014, and has not been renewed. 25 JURISDICTION 26 3. This Accusation is brought before the Board under the authority of the following 27 laws. All section references are to the Business and Professions Code unless otherwise indicated. 28 ///

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1 4. Section 118, subdivision (b), of the Code provides that the suspension, expiration, 2 surrender, or cancellation of a license shall not deprive the Board of jurisdiction to proceed with a 3 disciplinary action during the period within which the license may be renewed, restored, reissued 4 or reinstated. 5 5. Section 3090 of the Code states:

6 Except as otherwise provided by law, the board may take action against all persons guilty of violating this chapter or any of the regulations adopted by the 7 board. The board shall enforce and administer this article as to licenseholders, and 8 the board shall have all the powers granted in this chapter for these purposes, including, but not limited to, investigating complaints from the public, other 9 licensees, health care facilities, other licensing agencies, or any other source suggesting that an optometrist may be guilty of violating this chapter or any of the 10 regulations adopted by the board. 11 STATUTORY PROVISIONS

12 6. Section 820 of the Code states: 13 Whenever it appears that any person holding a license, certificate or permit 14 under this division or under any initiative act referred to in this division may be unable to practice his or her profession safely because the licentiate's ability to 15 practice is impaired due to mental illness, or physical illness affecting competency, the licensing agency may order the licentiate to be examined by one or more 16 physicians and surgeons or psychologists designated by the agency. The report of 17 the examiners shall be made available to the licentiate and may be received as direct evidence in proceedings conducted pursuant to Section 822. 18 19 7. Section 822 of the Code states: 20 If a licensing agency determines that its licentiate’s ability to practice his or her profession safely is impaired because the licentiate is mentally ill, or 21 physically ill affecting competency, the licensing agency may take action by any one of the following methods: 22 23 (a) Revoking the licentiate’s certificate or license. 24 (b) Suspending the licentiate’s right to practice. 25 (c) Placing the licentiate on probation.

26 (d) Taking such other action in relation to the licentiate as the licensing agency in its discretion deems proper. 27 28

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The licensing section shall not reinstate a revoked or suspended certificate or 1 license until it has received competent evidence of the absence or control of the 2 condition which caused its action and until it is satisfied that with due regard for the public health and safety the person’s right to practice his or her profession may 3 be safely reinstated. 4 8. Section 3110 of the Code states:

5 The board may take action against any licensee who is charged with unprofessional conduct, and may deny an application for a license if the applicant 6 has committed unprofessional conduct. In addition to other provisions of this 7 article, unprofessional conduct includes, but is not limited to, the following: 8 (a) Violating or attempting to violate, directly or indirectly assisting in or abetting the violation of, or conspiring to violate any provision of this chapter or 9 any of the rules and regulations adopted by the board pursuant to this chapter.

10 . . . .

11 (l) Administering to himself or herself any controlled substance or using any 12 of the dangerous drugs specified in Section 4022, or using alcoholic beverages to the extent, or in a manner, as to be dangerous or injurious to the person applying 13 for a license or holding a license under this chapter, or to any other person, or to the public, or, to the extent that the use impairs the ability of the person applying 14 for or holding a license to conduct with safety to the public the practice authorized by the license, or the conviction of a misdemeanor or felony involving the use, 15 consumption, or self administration of any of the substances referred to in this 16 subdivision, or any combination thereof. . . . . 17 COST RECOVERY 18 19 9. Section 125.3 of the Code provides, in pertinent part, that the Board may request the 20 administrative law judge to direct a licentiate found to have committed a violation or violations of 21 the licensing act to pay a sum not to exceed the reasonable costs of the investigation and 22 enforcement of the case. 23 FACTUAL ALLEGATIONS 24 10. Following the receipt of two consumer complaints alleging that Respondent practiced 25 optometry while under the influence of alcohol or drugs, the Board initiated an investigation 26 which revealed the following: 27 11. On January 29, 2016, Respondent was interviewed by an investigator. Respondent 28 admitted that since 2010, he has had a series of medical problems and has not practiced

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1 optometry since 2014, and is on disability. Respondent stated that he only took Tramadol as 2 prescribed by his doctor. He admitted that his hands shake as a side effect of not taking his 3 medication. Respondent stated that due to his health problems, he believed he will need a few 4 years to recover from his medical issues before he is able to return to practicing as an optometrist. 5 12. Respondent’s medical records showed a long history of alcohol abuse. Specifically, 6 in March 2013, Respondent informed his physician that he consumed six or more alcoholic drinks 7 daily or almost daily, and that he had a history of addiction to narcotics. This pattern of drinking 8 continued throughout the remainder of 2013, despite Respondent beginning a hydrocodone- 9 acetaminophen regime in July 2013. 10 13. Throughout 2014, Respondent continued to drink heavily and take narcotic pain 11 medication. On several occasions in 2014, Respondent presented to his physician’s office while 12 under the influence and “obviously intoxicated.” On each of those visits, Respondent’s physician 13 found that Respondent’s “judgement and insight” were “impaired” or “questionable.” 14 Respondent admitted to his physician that he used oxycodone and abused alcohol for pain 15 control. 16 14. Respondent was also admitted to the emergency room several times in 2014. On 17 October 25, 2014, Respondent presented to the emergency room and appeared “intoxicated.” On 18 November 9, 2014, Respondent was hospitalized and had elevated alcohol levels and was going 19 through mild withdrawal signs and symptoms. In late 2014, Respondent was using more pain 20 narcotics than what he was prescribed and frequently mixed his narcotics with alcohol, causing 21 him to feel dizzy. On December 17, 2014, Respondent was admitted to the emergency room after 22 consuming a half of pint of vodka and sustaining a laceration to his ear. On December 20, 2014, 23 Respondent presented to the emergency room and tested positive for alcohol, benzodiazepine and 24 opiates. He admitted to “heavy drinking, including episodes of binge drinking.” 25 15. In 2015, Respondent entered into at least three different residential treatment 26 programs. Despite that, Respondent resumed drinking alcohol, and in December 2015, 27 Respondent presented to the emergency room, testing positive for alcohol. He admitted to 28 “drinking several beers.”

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1 16. On April 1, 2016, Respondent presented to the emergency room with multiple 2 complaints. Respondent requested pain medicine, but was not given any because he was 3 planning on driving himself home. In response, Respondent reported that he had pain medication 4 in his car, that he would take those medication as soon as he was discharged and that he “always” 5 drove while using pain medication. On April 2, 2016, Respondent’s physician reported that 6 Respondent was drinking one 24 ounce beer each night and taking tramadol and hydrocodone for 7 his chronic pain. In June 2016, Respondent stopped taking hydrocodone, but continued to use 8 tramadol and alcohol. 9 17. On January 13, 2017, Respondent’s hematologist noted that Respondent admitted he 10 was consuming vodka in the evenings. In March 2017, Respondent reported to his physician that 11 he was not consuming alcohol; however, one month later in April 2017, Respondent’s physician 12 noted that Respondent resumed drinking alcohol. 13 18. Respondent’s medical records demonstrate diagnoses and assessments for drug 14 withdrawal, alcoholic fatty liver, alcohol dependence, episodic drunkenness, alcohol abuse, and 15 alcohol withdrawal. In addition, Respondent was prescribed a myriad of pain medications over 16 the years, including Tramadol, oxycodone, and hydrocodone in order to address his various 17 health problems. 18 19. Based on the foregoing, the Board issued an Order requiring that Respondent be 19 mentally and physically examined under Business and Professions Code section 820 to determine 20 if Respondent may be unable to safely practice as an optometrist due to a physical or mental 21 illness affecting competency. Thereafter, and pursuant to the Board’s Order, Respondent 22 submitted to the physical and mental examination on May 5, 2017. At the examination, 23 Respondent reported to the evaluator that he consumed a 16 ounce malt liquor beverage each 24 evening, and had not consumed any hard liquor since December 2016. Respondent denied binge 25 drinking, taking a drink in the morning to steady himself, and denied impairment related to 26 drinking. During the examination, at approximately 9:40 a.m., Respondent submitted to a urine 27 drug screen. The drug screen tested positive for alcohol and tramadol. The evaluator determined 28 that positive alcohol result was indicative of heavy drinking.

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1 20. The evaluator determined that Respondent’s continued use of alcohol in combination 2 with his use of opioid medication was concerning, particularly in view of Respondent’s history of 3 binge drinking and medical complications related to alcohol use. The evaluator opined that 4 Respondent’s use of alcohol could interfere with Respondent’s ability to safely practice 5 optometry. The evaluator recommended that Respondent abstain from using alcoholic beverages. 6 The evaluator also recommended that prior to Respondent resuming practice as an optometrist, 7 that Respondent engage in treatment for his alcohol use disorder. 8 FIRST CAUSE FOR DISCIPLINE 9 (Unsafe to Practice) 10 21. Respondent is subject to disciplinary action under Section 822 of the Code, in that 11 due to his history of alcohol abuse in combination with his use of opiates, Respondent’s ability to 12 practice optometry safely is impaired and he presents a risk to the public’s safety, as set forth in 13 paragraphs 10 through 20, above, which are incorporated herein by reference. 14 SECOND CAUSE FOR DISCIPLINE 15 (Use of Alcohol/Drugs in a Dangerous Manner) 16 22. Respondent is subject to disciplinary action under Sections 3110(a) and 3110(l) of the 17 Code, in that he used alcoholic beverages and/or dangerous drugs to the extent, or in a manner, as 18 to be dangerous or injurious to himself or to the public, or, to the extent that his use impairs his 19 ability to conduct with safety to the public, as set forth in paragraphs 10 through 20, above, which 20 are incorporated herein by reference. 21 PRAYER 22 WHEREFORE, Complainant requests that a hearing be held on the matters herein alleged, 23 and that following the hearing, the California State Board of Optometry issue a decision: 24 1. Revoking or suspending Optometrist License Number OPT 7998, issued to Gary 25 Bruce Myers; 26 2. Ordering Gary Bruce Myers to pay the California State Board of Optometry the 27 reasonable costs of the investigation and enforcement of this case, pursuant to Business and 28 Professions Code section 125.3; and,

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1 3. Taking such other and further action as deemed necessary and proper. 2

3 DATED: ______May 30, 2017 JESSICA SIEFERMAN 4 Executive Officer California State Board of Optometry 5 Department of Consumer Affairs State of California 6 Complainant SD2017704282 7 81691372.doc 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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