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BEFORE THE BOARD OF OPTOMETRY
DEPARTMENT OF CONSUMER AFFAIRS
STATE OF CALIFORNIA
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 .
It is so ORDERED .
_________________________________ Cyd Brandvein, President California State Board of Optometry
In the Matter of the Amended Accusation Against:
Case No. 1002502512
OAH No. 2017070083 Gary Bruce Myers
1012 Main St Ste 105
Ramona, CA 92065
Optometrist License No. 7998
Respondent
December 22, 2017
November 22, 2017
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( GARY BRUCE MYERS) ACCUSATION
XAVIER BECERRA Attorney General of California ANTOINETTE B. CINCOTTA Supervising Deputy Attorney General NICOLE R. TRAMA Deputy Attorney General State Bar No. 263607
600 West Broadway, Suite 1800 San Diego, CA 92101 P.O. Box 85266 San Diego, CA 92186-5266 Telephone: (619) 738-9441 Facsimile: (619) 645-2061
Attorneys for Complainant
BEFORE THE CALIFORNIA STATE BOARD OF OPTOMETRY
DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA
In the Matter of the Accusation Against:
GARY BRUCE MYERS 398 D Street Ramona, CA 92065 Optometrist License No. OPT 7998
Respondent.
Case No. 1002502512
A C C U S A T I O N
Complainant alleges:
PARTIES
1. Jessica Sieferman (Complainant) brings this Accusation solely in her official capacity
as the Executive Officer of the California State Board of Optometry (Board), Department of
Consumer Affairs.
2. On or about February 3, 1984, the Board issued Optometrist License Number OPT
7998 to Gary Bruce Myers (Respondent). The Optometrist License expired on December 31,
2014, and has not been renewed.
JURISDICTION
3. This Accusation is brought before the Board under the authority of the following
laws. All section references are to the Business and Professions Code unless otherwise indicated.
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( GARY BRUCE MYERS) ACCUSATION
4. Section 118, subdivision (b), of the Code provides that the suspension, expiration,
surrender, or cancellation of a license shall not deprive the Board of jurisdiction to proceed with a
disciplinary action during the period within which the license may be renewed, restored, reissued
or reinstated.
5. Section 3090 of the Code states:
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 board. The board shall enforce and administer this article as to licenseholders, and 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 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 regulations adopted by the board.
STATUTORY PROVISIONS
6. Section 820 of the Code states:
Whenever it appears that any person holding a license, certificate or permit 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 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 physicians and surgeons or psychologists designated by the agency. The report of the examiners shall be made available to the licentiate and may be received as direct evidence in proceedings conducted pursuant to Section 822.
7. Section 822 of the Code states:
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 physically ill affecting competency, the licensing agency may take action by any one of the following methods:
(a) Revoking the licentiate’s certificate or license.
(b) Suspending the licentiate’s right to practice.
(c) Placing the licentiate on probation.
(d) Taking such other action in relation to the licentiate as the licensing agency in its discretion deems proper.
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( GARY BRUCE MYERS) ACCUSATION
The licensing section shall not reinstate a revoked or suspended certificate or license until it has received competent evidence of the absence or control of the 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 be safely reinstated.
8. Section 3110 of the Code states:
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 has committed unprofessional conduct. In addition to other provisions of this article, unprofessional conduct includes, but is not limited to, the following:
(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 any of the rules and regulations adopted by the board pursuant to this chapter.
. . . .
(l) Administering to himself or herself any controlled substance or using any 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 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 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, consumption, or self administration of any of the substances referred to in this subdivision, or any combination thereof.
. . . .
COST RECOVERY
9. Section 125.3 of the Code provides, in pertinent part, that the Board may request the
administrative law judge to direct a licentiate found to have committed a violation or violations of
the licensing act to pay a sum not to exceed the reasonable costs of the investigation and
enforcement of the case.
FACTUAL ALLEGATIONS
10. Following the receipt of two consumer complaints alleging that Respondent practiced
optometry while under the influence of alcohol or drugs, the Board initiated an investigation
which revealed the following:
11. On January 29, 2016, Respondent was interviewed by an investigator. Respondent
admitted that since 2010, he has had a series of medical problems and has not practiced
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( GARY BRUCE MYERS) ACCUSATION
optometry since 2014, and is on disability. Respondent stated that he only took Tramadol as
prescribed by his doctor. He admitted that his hands shake as a side effect of not taking his
medication. Respondent stated that due to his health problems, he believed he will need a few
years to recover from his medical issues before he is able to return to practicing as an optometrist.
12. Respondent’s medical records showed a long history of alcohol abuse. Specifically,
in March 2013, Respondent informed his physician that he consumed six or more alcoholic drinks
daily or almost daily, and that he had a history of addiction to narcotics. This pattern of drinking
continued throughout the remainder of 2013, despite Respondent beginning a hydrocodone-
acetaminophen regime in July 2013.
13. Throughout 2014, Respondent continued to drink heavily and take narcotic pain
medication. On several occasions in 2014, Respondent presented to his physician’s office while
under the influence and “obviously intoxicated.” On each of those visits, Respondent’s physician
found that Respondent’s “judgement and insight” were “impaired” or “questionable.”
Respondent admitted to his physician that he used oxycodone and abused alcohol for pain
control.
14. Respondent was also admitted to the emergency room several times in 2014. On
October 25, 2014, Respondent presented to the emergency room and appeared “intoxicated.” On
November 9, 2014, Respondent was hospitalized and had elevated alcohol levels and was going
through mild withdrawal signs and symptoms. In late 2014, Respondent was using more pain
narcotics than what he was prescribed and frequently mixed his narcotics with alcohol, causing
him to feel dizzy. On December 17, 2014, Respondent was admitted to the emergency room after
consuming a half of pint of vodka and sustaining a laceration to his ear. On December 20, 2014,
Respondent presented to the emergency room and tested positive for alcohol, benzodiazepine and
opiates. He admitted to “heavy drinking, including episodes of binge drinking.”
15. In 2015, Respondent entered into at least three different residential treatment
programs. Despite that, Respondent resumed drinking alcohol, and in December 2015,
Respondent presented to the emergency room, testing positive for alcohol. He admitted to
“drinking several beers.”
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( GARY BRUCE MYERS) ACCUSATION
16. On April 1, 2016, Respondent presented to the emergency room with multiple
complaints. Respondent requested pain medicine, but was not given any because he was
planning on driving himself home. In response, Respondent reported that he had pain medication
in his car, that he would take those medication as soon as he was discharged and that he “always”
drove while using pain medication. On April 2, 2016, Respondent’s physician reported that
Respondent was drinking one 24 ounce beer each night and taking tramadol and hydrocodone for
his chronic pain. In June 2016, Respondent stopped taking hydrocodone, but continued to use
tramadol and alcohol.
17. On January 13, 2017, Respondent’s hematologist noted that Respondent admitted he
was consuming vodka in the evenings. In March 2017, Respondent reported to his physician that
he was not consuming alcohol; however, one month later in April 2017, Respondent’s physician
noted that Respondent resumed drinking alcohol.
18. Respondent’s medical records demonstrate diagnoses and assessments for drug
withdrawal, alcoholic fatty liver, alcohol dependence, episodic drunkenness, alcohol abuse, and
alcohol withdrawal. In addition, Respondent was prescribed a myriad of pain medications over
the years, including Tramadol, oxycodone, and hydrocodone in order to address his various
health problems.
19. Based on the foregoing, the Board issued an Order requiring that Respondent be
mentally and physically examined under Business and Professions Code section 820 to determine
if Respondent may be unable to safely practice as an optometrist due to a physical or mental
illness affecting competency. Thereafter, and pursuant to the Board’s Order, Respondent
submitted to the physical and mental examination on May 5, 2017. At the examination,
Respondent reported to the evaluator that he consumed a 16 ounce malt liquor beverage each
evening, and had not consumed any hard liquor since December 2016. Respondent denied binge
drinking, taking a drink in the morning to steady himself, and denied impairment related to
drinking. During the examination, at approximately 9:40 a.m., Respondent submitted to a urine
drug screen. The drug screen tested positive for alcohol and tramadol. The evaluator determined
that positive alcohol result was indicative of heavy drinking.
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( GARY BRUCE MYERS) ACCUSATION
20. The evaluator determined that Respondent’s continued use of alcohol in combination
with his use of opioid medication was concerning, particularly in view of Respondent’s history of
binge drinking and medical complications related to alcohol use. The evaluator opined that
Respondent’s use of alcohol could interfere with Respondent’s ability to safely practice
optometry. The evaluator recommended that Respondent abstain from using alcoholic beverages.
The evaluator also recommended that prior to Respondent resuming practice as an optometrist,
that Respondent engage in treatment for his alcohol use disorder.
FIRST CAUSE FOR DISCIPLINE
(Unsafe to Practice)
21. Respondent is subject to disciplinary action under Section 822 of the Code, in that
due to his history of alcohol abuse in combination with his use of opiates, Respondent’s ability to
practice optometry safely is impaired and he presents a risk to the public’s safety, as set forth in
paragraphs 10 through 20, above, which are incorporated herein by reference.
SECOND CAUSE FOR DISCIPLINE
(Use of Alcohol/Drugs in a Dangerous Manner)
22. Respondent is subject to disciplinary action under Sections 3110(a) and 3110(l) of the
Code, in that he used alcoholic beverages and/or dangerous drugs to the extent, or in a manner, as
to be dangerous or injurious to himself or to the public, or, to the extent that his use impairs his
ability to conduct with safety to the public, as set forth in paragraphs 10 through 20, above, which
are incorporated herein by reference.
PRAYER
WHEREFORE, Complainant requests that a hearing be held on the matters herein alleged,
and that following the hearing, the California State Board of Optometry issue a decision:
1. Revoking or suspending Optometrist License Number OPT 7998, issued to Gary
Bruce Myers;
2. Ordering Gary Bruce Myers to pay the California State Board of Optometry the
reasonable costs of the investigation and enforcement of this case, pursuant to Business and
Professions Code section 125.3; and,
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3. Taking such other and further action as deemed necessary and proper.
DATED: _________________________
JESSICA SIEFERMAN Executive Officer California State Board of Optometry Department of Consumer Affairs State of California Complainant
SD2017704282 81691372.doc
May 30, 2017
