justicedao/ipfs_state_laws huggingface dataset:
851-070-0035 Procedure for Board Referrals (1) When the Board receives information involving a certificate holder or licensee who may have a substance use and/or a mental health disorder, the Board staff will investigate and complete a report to be presented at a Board meeting. (2) If a certificate holder or licensee meets eligibility criteria and the Board approves entry into the HPSP, the Board will provide a written referral. The referral must include: (a) A copy of the report from the independent third-party evaluator who diagnosed the certificate holder or licensee; (b) The treatment recommendations developed by the independent third-party evaluator; (c) A statement that the Board has investigated the certificate holder or licensee’s professional practice and conduct; (d) A description of any restrictions or requirements imposed by the Board or recommended by the Board on the certificate holder or licensee’s professional practice; (e) A written statement from the certificate holder or licensee agreeing to enter the HPSP and agreeing to abide by all terms and conditions established by the contractor; and (f) A statement that the certificate holder or licensee has agreed to report: (A) Any arrest for or conviction of a misdemeanor or felony crime to the Board within three business days after an arrest or conviction. (B) Any citation for the use or possession of any DEA scheduled substances, including but not limited to citations for Class E violations, to the contractor within three business days of the citation. Statutory/Other Authority: ORS 676.200 Statutes/Other Implemented: ORS 676.200 History: BN 18-2025, adopt filed 08/22/2025, effective 09/01/2025
851-070-0041 Procedure for Self-Referral A Board certificate holder and licensee may self-refer to the HPSP. (1) Provisional Enrollment: To be provisionally enrolled in the program, a self-referral must: (a) Sign a written consent allowing disclosure and exchange of information among the contractor, the contractor's investigator, the certificate holder or licensee’s employer, independent third-party evaluators and treatment providers; (b) Sign a written consent allowing disclosure and exchange of information among the contractor, the Board, the employer, independent third-party evaluators and treatment providers in the event the contractor determines the certificate holder or licensee to be in substantial non-compliance with their monitoring agreement as defined in OAR 847-065-0065; (c) Attest that the certificate holder or licensee is not, to the best of their knowledge, under investigation by the Board; and (d) Agree to and sign a provisional enrollment agreement, which includes a statement that the certificate holder or licensee agrees to report to the contractor: (A) Any arrest for or conviction of a misdemeanor or felony crime to the Board within three business days after an arrest or conviction. (B) Any citation for the use or possession of any DEA scheduled substances, including but not limited to citations for Class E violations, within three business days of the citation. (2) Final Enrollment: To move from provisional enrollment to final enrollment in the program, a self-referred certificate holder or licensee must: (a) Obtain at the their own expense and provide to the contractor, an independent third-party evaluator’s written evaluation containing a DSM diagnosis and diagnostic code and treatment recommendations; (b) Agree to cooperate with the contractor’s investigation to determine whether the certificate holder or licensee practiced while impaired, as defined in OAR 847-010-0073, presents or has presented a danger to the public; (c) Enter into a monitoring agreement; and (d) Has met all eligibility requirements to participate in the HPSP. (3) Once a self-referred certificate holder or licensee seeks enrollment in the HPSP, failure to successfully complete final enrollment, as outlined in section (2) of this rule, may constitute substantial non-compliance and may be reported to the Board. Statutory/Other Authority: ORS 676.200 Statutes/Other Implemented: ORS 676.200 History: BN 18-2025, adopt filed 08/22/2025, effective 09/01/2025
851-070-0051 Disqualification Criteria Certificate holder and licensee, either Board-referred or self-referred, may be disqualified from entering or participating in the HPSP for factors including, but not limited to: (1) Certificate holder or licensee’s disciplinary history; (2) Severity and duration of the certificate holder or licensee’s impairment; (3) Extent to which certificate holder or licensee’s practice can be limited or managed to eliminate danger to the public; (4) If certificate holder or licensee’s impairment cannot be managed with treatment and monitoring; (5) Evidence of criminal history that involves injury or endangerment to others; (6) Evidence of sexual misconduct; (7) Evidence of non-compliance with a monitoring program from another state; (8) Pending investigations with the Board or boards from other states; (9) Previous Board investigations with findings of substantiated abuse or dependence; and (10) Prior enrollment in, but failure to successfully complete, the Oregon State Board of Nursing Health Professionals' Program. Statutory/Other Authority: ORS 676.200 Statutes/Other Implemented: ORS 676.200 History: BN 18-2025, adopt filed 08/22/2025, effective 09/01/2025
851-070-0060 Approval of Independent Third-Party Evaluators (1) To be approved by the Board as an independent third-party evaluator, an evaluator must be: (a) Licensed as required by the jurisdiction in which the evaluator works; (b) Able to provide a comprehensive assessment of and written report describing a certificate holder or licensee’s diagnosis, degree of impairment, and treatment recommendations; and (c) Able to facilitate toxicology testing of the certificate holder or licensee at intake. (2) The Board reserves the right to not approve an independent third-party evaluator for any reason. (3) The Board or contractor will not accept an evaluator as independent in a particular case if, in the Board’s or contractor’s judgment, the evaluator’s judgment is likely to be influenced by a personal or professional relationship with the participant. (4) If the evaluation does not contain return-to-work criteria, qualified Board staff or another third-party evaluator will review the evaluation to determine the return-to-work criteria. Statutory/Other Authority: ORS 676.200 Statutes/Other Implemented: ORS 676.200 History: BN 18-2025, amend filed 08/22/2025, effective 09/01/2025 BN 4-2016, f. 7-15-16, cert. ef. 8-1-16 BN 19-2010, f. & cert. ef. 12-2-10 BN 6-2010(Temp), f. 6-23-10, cert. ef. 7-1-10 thru 12-28-10
851-070-0070 Approval of Treatment Providers (1) To be approved by the Board as a treatment provider, a provider must be: (a) Licensed as required by the jurisdiction in which the provider works; (b) Able to provide appropriate treatment considering certificate holder or licensee’s diagnosis, degree of impairment, level of licensure, and treatment options proposed by the treatment program or the independent third-party evaluator; and (c) Able to facilitate toxicology testing of the certificate holder or licensee at intake. (2) A treatment provider may not have a personal or professional relationship with the participant. Statutory/Other Authority: ORS 676.200 Statutes/Other Implemented: ORS 676.200 History: BN 18-2025, amend filed 08/22/2025, effective 09/01/2025 BN 4-2016, f. 7-15-16, cert. ef. 8-1-16 BN 19-2010, f. & cert. ef. 12-2-10 BN 6-2010(Temp), f. 6-23-10, cert. ef. 7-1-10 thru 12-28-10
851-070-0075 Approval of Worksite Monitors Board approved worksite monitors must: (1) Be a nurse with an unencumbered license or other identified health professional who holds an unencumbered license, as approved by the Board. (2) Conduct routine observation and monitoring of certificate holder or licensee’s performance. The worksite monitor may serve as the supervisor if the observation requirements are delegated to another licensed individual who meets the requirements. (3) Provide evidence of relevant specialized education as approved by the Board. (4) Agree in writing to perform the worksite monitor role. (5) Complete a written report with input from worksite monitors. Statutory/Other Authority: ORS 676.200 Statutes/Other Implemented: ORS 676.200 History: BN 18-2025, amend filed 08/22/2025, effective 09/01/2025 BN 10-2023, amend filed 12/20/2023, effective 01/01/2024 BN 5-2016, f. & cert. ef. 8-2-16 BN 4-2016, f. 7-15-16, cert. ef. 8-1-16
851-070-0080 Certificate Holder and Licensee Responsibilities (1) All certificate holders and licensees must: (a) Agree to report any arrest for or conviction of a misdemeanor or felony crime to the contractor within three business days after the arrest or conviction of the crime; (b) Agree to report to the contractor any citation for the use or possession of any DEA scheduled substances, including but not limited to citations for Class E violations, within three business days of the citation; (c) Comply continuously with their monitoring agreement, including any restrictions on their practice, for two years or longer as specified in the monitoring agreement or addenda to the monitoring agreement; (d) Abstain from mind-altering or intoxicating substances or potentially addictive drugs, unless the drug is approved by the contractor and prescribed for a documented medical condition by a person authorized by law to prescribe the drug; (e) Report use of mind-altering or intoxicating substances or potentially addictive drugs within 24 hours to contractor; (f) Participate in a treatment plan approved by a third-party evaluator or treatment provider; (g) Limit practice as required by the contractor or the Board; (h) Cooperate with supervised monitoring of practice; (i) Participate in a follow-up evaluation, when necessary, to evaluate fitness to practice; (j) Submit to random drug or alcohol testing as outlined in the monitoring agreement; (k) Report at least weekly to the contractor regarding compliance with the monitoring agreement; (l) Report applications for certifications or licensure in other states, changes in employment and changes in practice setting to the contractor; (m) Agree to be responsible for the cost of evaluations, toxicology testing, treatment, monitoring groups, and periodic monitoring consultations; (n) Report to the contractor any investigations or disciplinary action by any state, or state or federal agency, including Oregon; (o) Participate in required activities according to the treatment plan; and (p) Maintain certification or license status and report any changes in certification or license status. (2) Mental health participants without a diagnosis of substance use disorder agree to toxicology testing if there are concerns about substance use or if an evaluator recommends testing. Statutory/Other Authority: ORS 676.200 Statutes/Other Implemented: ORS 676.200 History: BN 18-2025, amend filed 08/22/2025, effective 09/01/2025 BN 10-2023, amend filed 12/20/2023, effective 01/01/2024 BN 4-2016, f. 7-15-16, cert. ef. 8-1-16 BN 1-2014, f. 3-3-14, cert. ef. 4-1-14 BN 19-2010, f. & cert. ef. 12-2-10 BN 6-2010(Temp), f. 6-23-10, cert. ef. 7-1-10 thru 12-28-10
851-070-0090 Completion Requirements (1) To complete the HPSP successfully, a certificate holder or licensee with a substance use disorder with or without a mental health diagnosis, must have participated in the HPSP program for a minimum of three years and have worked for at least two years in a monitored practice. (2) To complete the HPSP successfully, a certificate holder or licensee with a mental health diagnosis, but no substance use disorder, must have participated in the HPSP program for a minimum of two years and have worked for at least one year in a monitored practice. (3) A certificate holder or licensee may be required to be enrolled for a longer period if the evaluator or contractor is able to document concerns for the safety of the public, certificate holder, or licensee or if otherwise directed by the Oregon State Board of Nursing. (4) A certificate holder or licensee who does not complete the required term of monitored practice will be discharged from the Health Professionals’ Services Program and may be subject to discipline. Statutory/Other Authority: ORS 676.200 Statutes/Other Implemented: ORS 676.200 History: BN 18-2025, amend filed 08/22/2025, effective 09/01/2025 BN 4-2016, f. 7-15-16, cert. ef. 8-1-16 BN 1-2014, f. 3-3-14, cert. ef. 4-1-14 BN 13-2012, f. 7-6-12, cert. ef. 8-1-12 BN 4-2012(Temp), f. & cert. ef. 4-26-12 thru 10-1-12 BN 19-2010, f. & cert. ef. 12-2-10 BN 6-2010(Temp), f. 6-23-10, cert. ef. 7-1-10 thru 12-28-10
851-070-0100 Substantial Non-Compliance Criteria (1) The HPSP will report substantial non-compliance to the Board within one business day after the HPSP learns of non-compliance, including but not limited to information that a certificate holder or licensee: (a) Engaged in criminal behavior; (b) Engaged in conduct that caused injury, death or harm to the public, including engaging in sexual impropriety with a patient; (c) Was impaired in a health care setting in the course of employment; (d) Received a positive toxicology test result as determined by federal regulations pertaining to drug testing or self-report of unauthorized substance use; (e) Violated a restriction on the practice imposed by the HPSP or the Board; (f) Was civilly committed for mental illness or involuntary hospitalization; (g) Entered into a monitoring agreement with HPSP, but failed to participate or discontinued participation in HPSP; (h) Was referred to the HPSP, but failed to enroll in the HPSP; (i) Forged, tampered with, or modified a prescription; (j) Violated any rules of prescriptive/dispensing authority; (k) Violated any provisions of OAR 851-070-0080; (l) Violated any terms of the monitoring agreement; or (m) Failed to complete the monitored practice requirements as stated in OAR 851-070-0090. (2) The Board, upon being notified of a substantial non-compliance will investigate and determine the appropriate sanction, which may include a limitation of practice and any other sanction, up to and including termination from the HPSP and formal discipline. (3) For Board Ordered discipline violation of any of the conditions of the final order is considered non-compliance and will be investigated and the appropriate sanction will be determined up to and including revocation of license or certificate. Statutory/Other Authority: ORS 676.200 Statutes/Other Implemented: ORS 676.200 History: BN 18-2025, amend filed 08/22/2025, effective 09/01/2025 BN 4-2016, f. 7-15-16, cert. ef. 8-1-16 BN 1-2014, f. 3-3-14, cert. ef. 4-1-14 BN 2-2013, f. 2-28-13, cert. ef. 4-1-13 BN 19-2010, f. & cert. ef. 12-2-10 BN 6-2010(Temp), f. 6-23-10, cert. ef. 7-1-10 thru 12-28-10
852-001-0001 Notice of Proposed Rule Before the adoption, amendment, or repeal of any permanent rule, the Board of Optometry must give notice of the proposed adoption, amendment, or repeal in the following ways: (1) In the Secretary of State’s Bulletin referred to in ORS 183.360, at least 21 days before the effective date of the rule. (2) By e-mailing or mailing a copy of the notice to persons on the Board of Optometry’s distribution list established pursuant to ORS 183.335(8) at least 28 days before the effective date of the rule. (3) By emailing a copy of the notice to the legislators specified on ORS 183.335(15) at least 49 days before the effective date of the rule. (4) By emailing or mailing a copy of the notice to: (a) Oregon Optometric Physicians Association; and (b) Capitol Press Room. (5) By posting the notice of rulemaking along with the proposed administrative rule text on the Board’s website. Statutory/Other Authority: ORS 182, 183 & 683 Statutes/Other Implemented: ORS 183.341(4) & 182.466 History: OPT 3-2019, amend filed 02/15/2019, effective 02/15/2019 OPT 1-2013, f. & cert. ef. 1-3-13 OPT 3-2007, f. & cert. ef. 12-7-08 OPT 1-2004, f. & cert. ef. 3-8-04 OP 3-1994, f. & cert. ef. 10-11-94 OE 3-1982, f. & ef. 3-25-82 OE 24, f. 1-19-76, ef. 1-20-76
852-005-0005 Budget The Oregon Board of Optometry hereby adopts by reference the Oregon Board of Optometry 2025-27 Biennium Budget of $1,139,760 in revenues and $1,027,923 in expenses covering the period from July 1, 2025 through June 30, 2027. The Executive Director of the Board will amend budgeted accounts as necessary within the approved budget for the effective operation of the Board. The Board will not exceed the approved Biennium budget without amending this rule, notifying holders of licenses, and holding a public hearing thereon as required by ORS Chapter 182.462(1) & (2). Copies of the budget are available from the Board’s office and are also posted on the Board’s website. Statutory/Other Authority: ORS 683 & 182 Statutes/Other Implemented: ORS 182.462(1) & (2) History: OPT 4-2024, amend filed 11/06/2024, effective 07/01/2025 OPT 1-2023, amend filed 01/04/2023, effective 07/01/2023 OPT 2-2021, amend filed 02/18/2021, effective 07/01/2021 OPT 2-2019, amend filed 02/15/2019, effective 07/01/2019 OPT 1-2018, amend filed 08/23/2018, effective 01/01/2019 OPT 4-2017, f. 3-14-17, cert. ef. 7-1-17 OPT 2-2017, f. 2-14-17, cert. ef. 7-1-17 OPT 3-2016, f. & cert. ef. 9-27-16 OPT 1-2015, f. 6-25-15, cert. ef 7-1-15 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 1-2011, f. 6-24-11, cert. ef. 7-1-11 OPT 1-2009, f. 6-10-09, cert. ef. 7-1-09 OPT 1-2007, f. 5-21-07, cert. ef. 7-1-07 OPT 3-2005, f. 6-29-05, cert. ef. 7-1-05 OPT 1-2003, f. 6-12-03, cert. ef. 7-1-03 OPT 1-2001, f. 6-18-01, cert. ef. 7-1-01 OPT 1-1999, f. 6-4-99, cert. ef. 7-1-99
852-005-0010 Purchasing (1) The Oregon Board of Optometry adopts by reference the Oregon Board of Optometry’s Purchasing Policies and Procedures. These Purchasing Policies and Procedures contain all of the purchasing related provisions applicable to the Oregon Board of Optometry and are controlling except as otherwise required by statute or rule. Any additions or revisions to the Oregon Board of Optometry’s Purchasing Policies and Procedures require action of the full Board. (2) Copies of the Purchasing Policies and Procedures are available for review at the Board’s office. Statutory/Other Authority: ORS 182 & 683 Statutes/Other Implemented: ORS 182.460(4) History: OPT 1-2005, f. & cert. ef. 2-23-05 OPT 5-1998, f. 6-29-98, cert. ef. 7-1-98
852-005-0015 Board Member Compensation (1) Board members of the Oregon Board of Optometry are authorized by law to receive compensation for time spent in performance of their official duties. Compensation rates are: $166 per day when attending a full day Board meeting or $20.75 per hour for attending a special meeting . Board members will be paid $20.75 per hour when performing any other approved board business. Board work must be pre-approved by the Board Chair or Executive Director to be eligible for compensation. Board members reviewing continuing education are compensated at a rate of $20.75 per hour for 50% of the total number of CE hours reviewed. This compensation amount is in addition to any eligible reimbursement of travel expenses. These rates will be paid retroactively from 10/1/2023 to the rule effective date. (2) Board members and employees of the Board are authorized to receive actual and necessary travel or other expenses incurred in the performance of their official duties as determined by the Board. Mileage reimbursement is at the rate established by the Internal Revenue Service for privately owned vehicles. (3) No Board member is required to accept compensation or reimbursement of travel or other expenses while performing official duties as a Board member. Statutory/Other Authority: ORS 292 & 182 Statutes/Other Implemented: ORS 182.466(3) & 2009 OL Ch. 535 (HB 2058) History: OPT 3-2024, amend filed 08/06/2024, effective 08/06/2024 OPT 4-2022, amend filed 05/11/2022, effective 05/11/2022 OPT 2-2015, f. & cert. ef. 11-12-15 OPT 1-2013, f. & cert. ef. 1-3-13 OPT 2-2009, f. & cert. ef. 12-11-09
852-005-0030 Contracting The Oregon Board of Optometry adopts by reference portions of the State of Oregon’s contracting policies. These rules are contained in the Oregon Administrative Rules, chapter 125, divisions 20, 300. The Board’s financial policies will govern any other contracting activities. Statutory/Other Authority: ORS 670.350 & 683 Statutes/Other Implemented: ORS 670.350 Sec. 3 (4) & ORS 182.460 History: OPT 3-2019, amend filed 02/15/2019, effective 02/15/2019 OPT 1-2019, temporary amend filed 01/22/2019, effective 01/22/2019 through 07/19/2019 OPT 1-2013, f. & cert. ef. 1-3-13 OPT 5-1998, f. 6-29-98, cert. ef. 7-1-98
852-005-0035 Public Records (1) All requests for copies or inspection of public records shall be submitted in writing via U.S. mail, fax or email on the form provided by the agency. Requests are subject to disclosure according to the Public Records Law, ORS 192.410 to 192.505. (2) The Board follow DAS Policy 107-001-030 or subsequent revisions regarding public records processing fees. Fees for public records are included in OAR 852-010-0080. (3) The agency shall notify requestor of the estimated costs of making records available for inspection or providing copies of records to the requestor. If the estimated costs exceed $25, the agency shall provide written notice and shall not act further to respond to the request unless and until the requestor confirms that the requestor wants the agency to proceed with making the public records available. (4) Charges to the general public shall be payable by check, cashier’s check, money order or credit card. Cash will not be accepted as payment. (5) Staff will not reduce the copy size or otherwise manipulate records to fit additional records on a page, unless staff concludes it will be the most effective use of their time. Consistent with ORS 192.240, all copies will be double-sided. A double-sided copy will be charged as two single pages. (6) The agency will not permit individuals to provide disks, thumb drives or other means to copy electronic records, due to the threat of computer viruses. (7) Personal inspection of records must be arranged by appointment with the Executive Director. Inspection must occur during normal office hours. Board staff must be present while records are reviewed. Statutory/Other Authority: ORS 683 & 192 Statutes/Other Implemented: ORS 683.270 & 192.001-192.505 History: OPT 8-2017, amend filed 09/19/2017, effective 10/02/2017 OPT 2-2015, f. & cert. ef. 11-12-15
852-010-0005 Board Meeting (1) The Board must hold regular meetings at least once each year at such time and place as the Board may designate. Notice of the time and place of regularly scheduled, special and emergency meetings will be given to the individuals on the Board’s distribution list. (2) A majority of the total number of the Board constitutes a quorum for the transaction of business. However, an affirmative vote of the majority of the total number of Board members is necessary to make a Board decision. (3) The President is authorized to take action between Board meetings, such as reactivation of licenses, interpretation of policy or procedure, or other such items, subject to ratification by the Board. The Board may delegate such authority to the Executive Director. All such actions must be noted in the agenda for the next meeting of the Board and be presented for ratification in the order of business at that meeting. (4) The Vice-President of the Board may carry out the functions of the president when the president is unable to perform the required duties. (5) The Board shall elect from its membership the President and Vice-President annually at its first regularly scheduled meeting of the calendar year. Statutory/Other Authority: ORS 683 & 676 Statutes/Other Implemented: ORS 683.270 & 676.306 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 OP 1-1991, f. & cert. ef. 4-12-91 OP 1-1987, f. & ef. 4-30-87 OE 2, f. 12-5-57