justicedao/ipfs_state_laws huggingface dataset:
852-050-0013 Uniformed Services (1) No license renewal fees will be assessed while the licensee is on active duty with the Uniformed Services of the United States: (a) As a courtesy, the Board will send annual renewal notices to the licensee’s current reported email address or, if requested, reported address of record . To avoid being placed into lapsed license status, the licensee must return a completed and signed renewal form with proof of active duty status to the Board within stated timelines; (b) Licensees under this rule who are moved into lapsed status by the Board may be reinstated at no cost by meeting the requirements of this rule; and (c) Nothing in this rule may be construed to waive any other reinstatement or reactivation requirements for Oregon licensure. (2) Written notification to the Board is required within 60 days of the date of discharge in order to change the license to its former status without fee or penalty. If notification is received by the Board more than 60 days from the date of discharge, but within the license renewal period in which the discharge becomes effective, the license may be changed to its former status by paying all fees and penalties appropriate for a license of that status. (3) If a licensed optometric physician fails to notify the Board in writing of the change of status within 60 days from the date of discharge, or within the license renewal period in which the discharge becomes effective, whichever is the longer period of time, that person must take an examination and pay the examination fee as required by ORS 683.060. (4) Licensees eligible for the military fee waiver may waive the right to waive fees by notifying the Board of their uniformed service and affirmation of waiver. Statutory/Other Authority: ORS 182, 408 & 683 Statutes/Other Implemented: ORS 683.070, 683.100, 683.120, 683.270, 408.450 & 182.466 History: OPT 4-2022, amend filed 05/11/2022, effective 05/11/2022 OPT 5-2019, amend filed 12/12/2019, effective 01/02/2020 OPT 3-2014, f. 12-29-14, cert. ef. 1-1-15 OPT 2-2014, f. 11-28-14, cert. ef. 1-1-15 OPT 1-2013, f. & cert. ef. 1-3-13 OPT 2-2001, f. 12-13-01, cert. ef. 1-1-02 OPT 3-1998, f. 6-10-98, cert. ef. 7-1-98 OP 2-1992, f. & cert. ef. 10-21-92 OP 1-1987, f. & ef. 4-30-87
852-050-0014 Reinstatement of License (1) A person who has been previously licensed by the Board may have the license reinstated to its former status if the person: (a) Voluntarily surrendered the license to the Board and, at the time of surrender , was in good standing and not surrendering in lieu of discipline or under notice for proposed disciplinary action, or subject to a final order of the Board, or (b) The license was suspended due to nonpayment of the license renewal fee or late fee and, at the time of suspension, the licensee was not surrendering in lieu of discipline or under notice for proposed disciplinary action, or subject to a final order of the Board. (2) To reinstate an Oregon Optometry license an optometric physician must: (a) Submit a signed written request; (b) Provide written confirmation from the licensing entity of each other state in which the applicant has ever been licensed that the applicant for licensure has not been sanctioned for violating the laws, rules or standards of ethics of that jurisdiction. The Board will accept electronic license verifications if the issuing entity provides complete license and discipline history in the electronic format. In addition, the Board will query the National Practitioner Data Bank for adverse actions on each person making an application for licensure ; (c) If unlicensed for two years or more, pass any required criminal background check s ; (d) Pay delinquent fees as determined by the Board; (e) Pay the reinstatement fee and the criminal background check fee (if lapsed, retired or surrendered for 2 or more years) as listed in OAR 852-010-0080; and (f) Submit documentation of current CPR certification, as required in OAR 852-80-0040; (g) If license is lapsed, retired or surrendered for two years or more, pass any required criminal background checks. (h) The requirements in (2)(b), (2)(c), (2)(e), and (2)(g) above may be waived by the Board if the license is not more than 60 days expired. (3) Reinstatement of a license to active status also requires: (a) Submission of a completed Reactivation Application form; (b) Passage of the Oregon optometric law and administrative rules examination if it has been more than two years since the person held an active status license in Oregon; and (c) Submission of proof of continuing education equivalent to Oregon requirements for the previous license renewal period. Statutory/Other Authority: ORS 683 & 182 Statutes/Other Implemented: ORS 683.070, 683.120, 683.270 & 182.466 History: OPT 4-2022, amend filed 05/11/2022, effective 05/11/2022 OPT 3-2019, amend filed 02/15/2019, effective 02/15/2019 OPT 1-2016, f. 2-23-16, cert. ef. 4-1-16 OPT 3-2014, f. 12-29-14, cert. ef. 1-1-15 OPT 2-2014, f. 11-28-14, cert. ef. 1-1-15 OPT 1-2013, f. & cert. ef. 1-3-13 OPT 2-2006, f. 3-20-06, cert. ef. 4-1-06 OPT 1-2003, f. 6-12-03, cert. ef. 7-1-03 OPT 1-2002, f. & cert. ef. 7-26-02 OPT 2-2001, f. 12-13-01, cert. ef. 1-1-02 OPT 1-2001, f. 6-18-01, cert. ef. 7-1-01
852-050-0016 Notice of Place of Practice (1) Each active and telehealth licensee must notify the Board in writing of each place of practice before engaging in practice at that location. If the licensee is practicing in a mobile facility or with a portable unit, the licensee must report the Base of Operations and specific locations of such practice to the Board in compliance with this rule. Telehealth licensees must notify the Board of any distant site locations including websites, applications and other virtual sites or online platforms. (a) Within 14 days of termination, but no later than the effective date, of practice at any location, licensee must notify the Board in writing, including information on the custody of any patient records generated by the licensee at that location. (b) Written notification from a licensee to the Board must be made through the online system. Licensees not using the online system may send by mail, fax or scanned e-mail attachment. Standard e-mail notification from the licensee’s professional or personal e-mail will be accepted with an electronic signature that is composed of the licensee’s full legal name and optometry license number, followed by the last four digits of the licensee’s Social Security number. (c) Reporting of a multiple practice location organization with multiple practice sites and a centralized patient records system is treated as one practice location for reporting. (2) Failure to notify the Board in writing of practice location(s) and any address change(s) in accordance with (1) above subjects the licensee to fees listed in OAR 852-010-0080. (3) Licensees must report ownership of any optometry practices in Oregon. Failure to report timely per 852-050-0016(1) may lead to a late reporting fee per 852-010-0080 or disciplinary action. Statutory/Other Authority: ORS 683 Statutes/Other Implemented: ORS 683.070, 683.100, 683.120 & 683.270 History: OPT 3-2023, amend filed 08/08/2023, effective 08/08/2023 OPT 7-2022, amend filed 08/30/2022, effective 09/01/2022 OPT 4-2022, amend filed 05/11/2022, effective 05/11/2022 OPT 1-2020, amend filed 02/26/2020, effective 03/01/2020 OPT 5-2019, amend filed 12/12/2019, effective 01/02/2020 OPT 3-2019, amend filed 02/15/2019, effective 02/15/2019 OPT 3-2014, f. 12-29-14, cert. ef. 1-1-15 OPT 2-2014, f. 11-28-14, cert. ef. 1-1-15 OPT 1-2014, f. & cert. ef. 1-3-14 OPT 1-2013, f. & cert. ef. 1-3-13 OPT 3-1998, f. 6-10-98, cert. ef. 7-1-98 OP 1-1996, f. 6-27-96, cert. ef. 7-1-96 OP 3-1993, f. & cert. ef. 10-27-93 OP 2-1992, f. & cert. ef. 10-21-92
852-050-0018 Official Address, Email Address and Telephone Number of Record (1) Each actively licensed optometric physician must notify the Board in writing of the licensee’s primary practice location, which is recorded by the Board as the official address of record. All correspondence from the Board will be sent to the official address of record unless the licensee requests in writing that an alternate complete mailing address be used. Active licensees who do not have a primary practice location may provide the Board with a mailing address. (2) Each inactive licensee must notify the Board in writing of a complete mailing address. (3) Post office boxes are not acceptable as a mailing address unless a street address is included with it and it is able to receive certified mail and return receipts. (4) Each licensee (active or inactive) must provide a telephone number of record to the Board, which by default is disclosable to the public. Upon written request, the Board will hold the telephone number of record of a licensee confidential if it is a personal number not associated with a business. (5) Failure to notify the Board in writing of a change in the licensee’s official address or telephone phone number of record may subject the licensee to disciplinary action and a fee as listed in OAR 852-010-0080. (6) Licensees are requested to submit an official email address for Board communications. Active status licensees are required to have an email address of record to access the online licensing system. Licensees have the ability to opt out of email communications with the agency and continue to receive written information via U.S. mail. Statutory/Other Authority: ORS 683 & 182 Statutes/Other Implemented: ORS 683.070, 683.100, 683.120, 683.270 & 182.466 History: OPT 2-2024, amend filed 05/22/2024, effective 05/22/2024 OPT 4-2022, amend filed 05/11/2022, effective 05/11/2022 OPT 1-2016, f. 2-23-16, cert. ef. 4-1-16 OPT 3-2014, f. 12-29-14, cert. ef. 1-1-15 OPT 2-2014, f. 11-28-14, cert. ef. 1-1-15 OPT 1-2013, f. & cert. ef. 1-3-13 OPT 1-2005, f. & cert. ef. 2-23-05 OPT 2-2002, f. & cert. ef. 12-18-02
852-050-0021 Nonprofit Services An active or telehealth licensed doctor of optometry in Oregon who volunteers to provide professional services to a charitable nonprofit corporation may request the additional practice location license required for that location from the Board at no charge. (1) Nonprofit corporation means a charitable corporation as described in section 501(c)(3) of the Internal Revenue Code and determined by the Oregon Board of Optometry as providing optometric services by volunteer licensed doctors of optometry to populations with limited access to eye care at no charge or at a substantially reduced charge. (2) “Voluntary basis” means working of one’s own free will and without payment for services. (3) Any entity that owns or operates a nonprofit charitable clinic that provides eye care services must name an actively licensed Oregon optometric physician as its vision services director who is subject to the provisions of ORS 683 and OAR 852. This director is responsible for the patient records on eye care services for the clinic. (4) Any licensed optometric physician who works at a nonprofit clinic described in (1) above must: (a) Display a portable multiple practice location license, and (b) Comply with all other provisions of ORS 683 and OAR 852, including reporting start and end dates of providing services at any practice location. (5) An optometrist licensed in another state can provide volunteer services in Oregon for up to 30 days per calendar year without compensation under the following conditions: (a) The optometrist is actively licensed in another state and has no discipline in the state of licensure. The licensee's volunteer scope of practice is limited to the scope determined by their state(s) of active licensure, unless Oregon's scope is more restrictive. In that case, the scope of practice is restricted to Oregon's scope of practice law and rules. (b) They report the volunteer location at least 10 days prior to commencing volunteer service through the Board’s online system, (c) They create an account in the Board’s online licensing system and register as a volunteer-only optometrist, which includes attesting that they will receive no compensation for any services at the location, (d) They maintain a valid legal address of record, phone number and email address with the Board. (e) The optometrist must report and maintain CPR certification per OAR 852-080-0080 (2)(e). (f) The optometrist will be liable for any late reporting fees as outlined in OAR 852-010-0080 (1)(d) and (g) (g) The optometrist must report any discipline or license status change in their primary state to the Board within 14 calendar days. Statutory/Other Authority: ORS 683 & 182 Statutes/Other Implemented: ORS 683.010(3), 683.240(2), 683.270(k) & 182.466 History: OPT 1-2024, amend filed 02/13/2024, effective 02/14/2024 OPT 4-2022, amend filed 05/11/2022, effective 05/11/2022 OPT 5-2019, amend filed 12/12/2019, effective 01/02/2020 OPT 3-2014, f. 12-29-14, cert. ef. 1-1-15 OPT 2-2014, f. 11-28-14, cert. ef. 1-1-15 OPT 1-2013, f. & cert. ef. 1-3-13 OPT 2-2005, f. & cert. ef. 4-8-05
852-050-0022 Liability Limitations for Volunteers (1) An active status licensee may register with the Board at no additional charge to qualify for the provisions of ORS 676.340, which provides registrants with specific exemptions from liability for the provision of optometric services to defined charitable organizations without compensation under the terms of the law. (2) Registration requires submission of a signed form provided by the Board in accordance with ORS 676.345(2). (3) Initial registration will expire at the licensee’s next biennial license renewal date, and biannually thereafter. It is the licensee’s responsibility to ensure his or her active registration in this program; no notice will be sent regarding expiration of licensee’s registration. (4) Nothing in this section relieves licensee from the responsibility to comply with all other provisions of ORS 683 and OAR 852, including reporting start and end dates of providing services at any practice location. (5) Patients treated under the provisions of ORS 676.340 and 676.345 in no way waive their rights to file complaints against the doctor of optometry with the Board, and the Board retains all rights and responsibilities under OAR 852 Division 60. Statutory/Other Authority: ORS 676 & 683 Statutes/Other Implemented: ORS 676.340, 676.345, 683.140 & 683.325 History: OPT 5-2019, amend filed 12/12/2019, effective 01/02/2020 OPT 1-2013, f. & cert. ef. 1-3-13
852-060-0004 Processing of Complaints The Board processes complaints in accordance with the requirements of ORS 676.160 to 676.180 and the provisions of ORS 683.278, 683.325, 683.335. Statutory/Other Authority: ORS 676 & 683 Statutes/Other Implemented: ORS 676.160 - 676.180 History: OPT 2-2004, f. & cert. ef. 5-20-04 OPT 6-1998, f. 12-28-98, cert. ef. 1-1-99
852-060-0028 Definition of Gross Ignorance or Inefficiency In determining gross ignorance or inefficiency within the meaning of ORS 683.140(1)(c) the Board may take into account relevant factors and practices, including but not limited to the standard of practice generally and currently followed and accepted by persons licensed to practice optometry in this state, the current teachings at accredited optometry schools, relevant technical reports published in recognized optometry journals, and the desirability of reasonable experimentation in the furtherance of the practice of optometry. Gross Ignorance or Inefficiency may include, but is not limited to: (1) Lacking the knowledge or ability to discharge professional obligations within the practice of optometry. (2) Deviating from the standards of learning or skill ordinarily possessed and applied by other practitioners in the state of Oregon acting in the same or similar circumstances. (3) Failing to exercise the degree of care which is ordinarily exercised by the average practitioner acting in the same or similar circumstances. (4) Failing to conform to the minimal standard of acceptable and prevailing practice of optometry in this state. (5) Failing to perform adequate testing or failing to use test results to assess the patient and prepare an adequate plan of care. (6) Failing to adequately document patient care provided, maintain adequate patient records, and/or to document patient care or plan of care. (7) Exceeding the scope of practice. (8) Any practice or conduct that does, or might, constitute a danger to the health or safety of the patient. (9) Any conduct, practice or condition that does or might adversely affect an optometrist's ability to safely and skillfully practice optometry. (10) Gross malpractice or repeated malpractice. (11) Failing to timely comply with provisions of federal law or state statute governing the practice of optometry. Statutory/Other Authority: ORS 683; ORS 182 Statutes/Other Implemented: ORS 683.140, 683.270 & 182.466 History: OPT 2-2022, amend filed 02/23/2022, effective 02/24/2022 Renumbered from 852-010-0028, OPT 4-2005, f. & cert. ef. 12-8-05 OP 1-1987, f. & ef. 4-30-87
852-060-0060 Model Rules of Procedure Pursuant to the provisions of ORS 183.341, the Oregon Board of Optometry adopts the Attorney General’s Model Rules of Procedure under the Administrative Procedures Act current edition; these rules of procedure are controlling except as otherwise required by statute or rule. [ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the office of the Attorney General or Board of Optometry.] Statutory/Other Authority: ORS 183, 683 & 182 Statutes/Other Implemented: ORS 183.341(2) & 182.466 History: OPT 1-2013, f. & cert. ef. 1-3-13 OPT 2-2004, f. & cert. ef. 5-20-04
852-060-0065 Requiring an Answer to Charges as Part of Notices to Parties in Contested Cases In addition to the notice requirements under the Attorney General’s Model Rules of Procedure adopted by OAR 852-60-0060, the notice to parties in contested cases must include the statement that an answer to any assertions or charges of unprofessional conduct, sexual abuse, sexual violation or sexual impropriety will be required and will list the consequences of failure to answer. A statement of the consequences of failure to answer may be satisfied by enclosing a copy of OAR 852-060-0070 with the notice. Statutory/Other Authority: ORS 183, 683 & 182 Statutes/Other Implemented: ORS 183.413 & 182.466 History: OPT 1-2013, f. & cert. ef. 1-3-13 OPT 2-2004, f. & cert. ef. 5-20-04
852-060-0070 Hearing Requests, Answers, and Consequences of Failure to Answer (1) A hearing request and answer when required by OAR 852-060-0065 must be made in writing to the Board by the party or his or her representative. Any required answer must include the following: (a) An admission or denial of each factual matter alleged in the notice that requires an answer; and (b) A short and plain statement of each relevant affirmative defense the party may have. (2) Except for good cause: (a) Factual matters alleged in the notice that require an answer and which are not denied in the answer are presumed admitted; (b) Failure to raise a particular defense in the answer will be considered a waiver of such defense; (c) New matters alleged in the answer (affirmative defenses) are presumed to be denied by the Board; and (d) Evidence may not be taken on any issue not raised in the notice and answer. Statutory/Other Authority: ORS 683 & 182 Statutes/Other Implemented: ORS 683.155 & 182.466 History: OPT 1-2013, f. & cert. ef. 1-3-13 OPT 2-2004, f. & cert. ef. 5-20-04
852-060-0075 Discovery An order requiring discovery will be responded to pursuant to OAR 137-003-0025 included in the Uniform and Model Rules of Procedure under the Administrative Procedures Act and ORS 676.175. In addition, ORS 676.175 provides that contested case hearings are closed to members of the public. Statutory/Other Authority: ORS 683 & 182 Statutes/Other Implemented: ORS 683.155 & 182.466 History: OPT 1-2006, f. & cert. ef. 3-8-06 OPT 2-2004, f. & cert. ef. 5-20-04
852-070-0005 Definitions “Hour” means clock hour of 60 minutes of instruction time, plus or minus 10 minutes. “Half-hour” means 30 minutes of instruction time, plus or minus five minutes. Statutory/Other Authority: ORS 683 & 182 Statutes/Other Implemented: ORS 683.210 & 182.466 History: OPT 1-2013, f. & cert. ef. 1-3-13 OPT 1-2009, f. 6-10-09, cert. ef. 7-1-09 OPT 2-1998, f. 6-10-98, cert. ef. 6-15-98 OP 1-1987, f. & ef. 4-30-87 OE 2-1984, f. & ef. 7-14-84 OE 16, f. 2-11-74, ef. 3-11-74
852-070-0016 Continuing Optometric Education Not Required for Inactive Licenses (1) Those licensees who have been granted inactive status by the Board are not required to complete the continuing optometric education requirement in OAR 852-070-0010. (2) If an inactive licensee applies to change to active status, the licensee must comply with OAR 852-070-0010 for the continuing education license year previous to the year in which active status is granted by the Board. Statutory/Other Authority: ORS 683 Statutes/Other Implemented: ORS 683.210 History: OPT 3-2014, f. 12-29-14, cert. ef. 1-1-15 OPT 2-2014, f. 11-28-14, cert. ef. 1-1-15 OPT 1-2013, f. & cert. ef. 1-3-13 OPT 2-1998, f. 6-10-98, cert. ef. 6-15-98 OP 3-1993, f. & cert. ef. 10-27-93
852-070-0020 Application for Credit Each continuing education offering must be approved by the Board in order for an optometric physician to obtain credit. Upon application the Board may: (1) Grant credit, to the extent determined by it, for any course, or individual or group study deemed suitable to carry out the purposes of ORS 683.210. To be granted credit, any course offering must be open to all optometric physicians licensed in Oregon. (2) Grant credit, to the extent determined by it, for publication of articles and papers of scientific and educational interest published in recognized scientific publications. The licensee must be the first or second author to earn credit and the paper must have been published in the licensee’s CE reporting period. (3) Grant credit, to the extent determined by it, for courses that relate to the maintenance or advancement of professional skills and abilities. Courses that relate primarily to practice management or jurisprudence will not be granted credit. (4) Teaching courses at an accredited health care institution or accredited optometric school or university and meet the requirements of 852-070-0010. Statutory/Other Authority: ORS 683 Statutes/Other Implemented: ORS 683.210 & 683.270 History: OPT 1-2016, f. 2-23-16, cert. ef. 4-1-16 OPT 3-2014, f. 12-29-14, cert. ef. 1-1-15 OPT 2-2014, f. 11-28-14, cert. ef. 1-1-15 OPT 1-2013, f. & cert. ef. 1-3-13 OPT 2-1999, f.12-29-99, cert. ef.1-1-00 OPT 2-1998, f. 6-10-98, cert. ef. 6-15-98 OP 1-1989, f. 1-13-89, cert. ef. 1-16-89 OP 1-1987, f. & ef. 4-30-87 OE 2-1984, f. & ef. 7-14-84 OE 2-1983, f. & ef. 2-22-83 OE 2-1979, f. & ef. 10-29-79 OE 16, f. 2-11-74, ef. 3-11-74
852-070-0025 Credit for Conducting Course or Presenting Material Any optometric physician who prepares and presents a continuing education course approved for credit by the Board is entitled to three hours of continuing education credit for each credit hour of the initial presentation of the course. No credit will be given for repeat presentations unless application for credit has been filed in advance with the Board and appropriate evidence submitted that additional study or research was necessary for such additional presentation. The Board may then grant, to the extent deemed suitable by it, credit for the additional presentation. Statutory/Other Authority: ORS 683 Statutes/Other Implemented: ORS 683.210 History: OPT 3-2014, f. 12-29-14, cert. ef. 1-1-15 OPT 2-2014, f. 11-28-14, cert. ef. 1-1-15 OE 2-1984, f. & ef. 7-14-84 OE 16, f. 2-11-74, ef. 3-11-74