justicedao/ipfs_state_laws huggingface dataset:
852-010-0020 Rules for Examination and Licensure (1) Pursuant to ORS 683.060(2), the Board will require a passing score on Parts I, II, III, (PAM and Clinical Skills) and TMOD (Treatment and Management of Ocular Disease) of the National Board of Examiners in Optometry (NBEO) examination. NBEO standards for passing the NBEO examination are acceptable to the Board. (2) The applicant for examination and licensure must: (a) Provide written confirmation sent directly 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 that is the only mechanism the verifying state uses for license verifications. In addition, the Board will query the National Practitioner Data Bank for adverse actions on each person making an application for licensure; (b) Submit documentation of continuing education hours as required in OAR 852 division 70; (c) Pass, by a score of 80 or better, a Board-approved written examination relating to Oregon optometric law and administrative rules within the 12 months before date of Oregon licensure. Because the Administrative Rule and Law examination is not clinical in nature, there is no waiting period before an examination retake. If the examination is not available through the National Board of Examiners in Optometry, the Board will set location(s), date(s) time(s) and fees for administration of the examination. (3) Any applicant whose conduct constitutes cheating or subverting of the process of the evaluation of professional competency by the Board or by an examiner may be dismissed from the examination and denied licensure. (4) Designate if they are a telehealth only licensee. Statutory/Other Authority: ORS 182 & 683 Statutes/Other Implemented: ORS 683.060, 683.270 & 182.466 History: OPT 9-2021, temporary amend filed 10/01/2021, effective 10/01/2021 through 03/29/2022 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 1-2013, f. & cert. ef. 1-3-13 OPT 1-2005, f. & cert. ef. 2-23-05 OPT 1-2001, f. 6-18-01, cert. ef. 7-1-01 OPT 6-1998, f. 12-28-98, cert. ef. 1-1-99 OP 3-1993, f. & cert. ef. 10-27-93 OP 2-1993(Temp), f. & cert. ef. 5-17-93 OP 2-1992, f. & cert. ef. 10-21-92 OP 1-1991, f. & cert. ef. 4-12-91 OP 1-1989, f. 1-13-89, cert. ef. 1-16-89 OP l2-1988(Temp), f. & cert. ef. 8-30-89 OP 1-1987, f. & cert. ef. 4-30-87 OE 1-1985, f. & cert. ef. 7-9-85 OE 2-1984, f. & cert. ef. 7-14-84 OE 2-1979, f. & cert. ef. 10-29-79 OE 8-1971, f. 4-23-71, cert. ef. 5-25-71 OE 2-1957, f. & cert. ef. 12-5-57
852-010-0022 Application for Endorsement Examination and Licensure (1) Each applicant must meet educational qualifications and must comply with the requirements of ORS 683.040 before the applicant is accepted for examination and licensure. (2) Applications for licensure as an optometric physician in Oregon must be directed to the office of the Board. (3) The application is complete upon receipt by the Board of: (a) A completed online application ; (b) Confirmation that the applicant holds a license for the practice of optometry obtained by examination in another state in the United States, and the applicant is TPA certified by that state; (c) 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; (d) Verification of the passage of the examination of the National Board of Examiners in Optometry (NBEO) or its equivalent; (e) Documentation of continuing optometric education as required in OAR 852 division 70; (f) Receipt by the Board’s office of the application fee and background check fee as listed in OAR 852-010-0080 ; (g) Proof of meeting the requirements of OAR 852 Division 80 — Pharmaceutical Agents, for licensure with the non-topical certification (AT) or non-topical certification with injections (ATI); and (h) Satisfactory results of a criminal records background check as defined in OAR 852-050-0025. (4) Any application received from an optometrist who has been sanctioned by revocation of license by another optometric licensing jurisdiction is individually reviewed and considered by the Board. NOTE: Because of the unique scope of practice for Oregon optometric physicians, Oregon does not have reciprocity licensing agreements with any other state(s). Statutory/Other Authority: ORS 683 & 182 Statutes/Other Implemented: ORS 683.040, 683.060, 683.220, 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 1-2013, f. & cert. ef. 1-3-13 OPT 2-2001, f. 12-13-01, cert. ef. 1-1-02
852-010-0024 Military Spouse and Domestic Partner Licensure (1) Regardless of pathway to licensure, if the applicant is the spouse or legal domestic partner of an active service military member who is the subject of a military transfer to Oregon, the Board may issue a temporary license, if the applicant: (a) Meets all other requirements for licensure as stated in OAR 852-010-0015; (b) Provides verification of being in good standing, with no restrictions or limitations upon, actions taken against, or investigation or disciplinary action pending against his or her license in any jurisdiction where the applicant is or has ever been licensed and has an active status license in another state or province; (c) The Board’s review of the National Practitioner Data Bank confirms no disciplinary action; and (d) The military spouse or domestic partner submits a copy of the marriage certificate or domestic partnership registration with the name of the applicant and the name of the active duty member of the Armed Forces of the United States and proof of assignment to a duty station located in Oregon by official active duty military order for the spouse or domestic partner named in the marriage certificate or domestic partnership registration, (e) Receipt by the Board’s office of the application fee and criminal background check fee as listed in OAR 852-010-0080; (f) Documentation of completion of the required continuing optometric education; (g) Documentation of current CPR certification, as required in OAR 852-080-0040; (h) Proof of passage of the Oregon optometric law and administrative rules examination; and (i) Satisfactory results of a criminal records background check as defined in OAR 852-050-0025. (2) Failure of the applicant to provide confirmation(s) required within 90 days results in automatic expiration of the temporary license. Applicant may not be reissued a temporary license. The temporary license is valid until the earliest of the following: (a) Two years from issuance, (b) When the spouse’s term of service in Oregon expires, or (c) The expiration date of the other jurisdiction’s license that was used to qualify for the Oregon temporary license. (3) A regular license will be issued upon meeting the requirements in 852-010-0015. Statutory/Other Authority: ORS 683.040, 683.060, 683.270 & HB 2037 (2013) Statutes/Other Implemented: ORS 683.040, 683.060, 683.270 & HB 2037 (2013) History: 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
852-010-0026 Public Health Emergency or State of Emergency temporary license (1) In the event of a declared public health emergency per ORS 433.441 or state of emergency per ORS 401.165 , the Board may issue a temporary license, if the applicant: (a) Completes an online application for licensure. (b) Provides verification of being actively licensed in good standing, with no restrictions or limitations upon licensure, in any U.S. or Canadian jurisdiction. (c) The Board’s review of the National Practitioner Data Bank confirms no disciplinary action. (d) Applicant has satisfactory results of a criminal records background check as defined in OAR 852-050-0025. (e) Receipt by the Board’s office of the application fee and criminal background check fee as listed in OAR 852-010-0080(4)(a) and (5)(f). (f) Applicant agrees to comply with all other provisions of ORS 683 and OAR 852, including reporting start and end dates of providing services at any practice locations. (g) The applicant maintains a valid legal address of record, phone number and email address with the Board. (h) The optometrist must report and maintain CPR certification per OAR 852-080-0040 (2)(e). Hands-on CPR will be waived if unavailable. If waiver is applicable, applicant will complete a Board approved online CPR course for initial temporary licensure. If applicant applies for an active status license, they will be required to complete a hands-on course at renewal of certification. (i) The optometrist will be responsible for any late reporting fees as outlined in OAR 852-010-0080 (1)(d), (e) and (f). (j) The optometrist must report any discipline or license status change in their primary state to the Board within 14 calendar days. (2) Failure to provide required information will result in the applicant being denied a temporary license. Applicant may not be reissued a temporary license—it’s a onetime license. The temporary license is valid until the earliest of the following: (a) 90 days from issuance, (b) When the public health or state of emergency ends, (c) The expiration date of the other jurisdiction’s license, that was used to qualify for the Oregon temporary license, passes and licensee does not renew license, or (d) an active status Oregon optometry license is issued. (3) An active status license will be issued upon meeting the requirements in OAR 852-010-0015 and OAR 852-010-0020. Statutory/Other Authority: ORS 683 Statutes/Other Implemented: ORS 683 History: OPT 3-2023, adopt filed 08/08/2023, effective 08/08/2023
852-010-0030 Advertising (1) All advertisement of ophthalmic goods or services must comply with the Oregon Unlawful Trade Practices Act, ORS 646.605 et seq., and 676.110 — Use of Titles Importing Health Care Profession. (2) The licensee whose practice is being advertised is responsible for the contents of each advertisement. If the licensee is an employee of another Oregon-licensed optometric physician or allowed professional corporation, the employer also may be held responsible. (3) In any advertised price a licensee must include: (a) The type of lenses being offered, whether single vision, multifocal, or other; (b) Whether the price includes frames and lenses; (c) Whether the price includes an eye examination; and (d) Whether the price includes all dispensing fees. (4) In the case of contact lenses, any statement of price must specify the type of lenses, limits of care, and any additional materials provided. Statutory/Other Authority: ORS 683 Statutes/Other Implemented: ORS 646.605, 683.140 & 683.270 History: OPT 1-2013, f. & cert. ef. 1-3-13 OP 1-1987, f. & ef. 4-30-87 OE 2-1984, f. & ef. 7-14-84 OE 1-1983, f. & ef. 1-27-83 OE 21, f. 7-24-74, ef. 8-25-74 OE 19, f. 3-14-74, ef. 4-11-74 OE 17(Temp), f. & ef. 1-21-74 OE 11, f. 5-19-72, ef. 6-1-72 OE 8, f. 4-23-71, ef. 5-25-71 OE 2, f. 12-5-57
852-010-0035 Agreements, Understandings and Contracts (1) No optometric physician may enter into or continue any agreement, understanding, or contract of any kind with any person or group of persons or pursue any course of conduct whereby said licensee: (a) Expressly or impliedly agrees to refer said patient back to such person so referring for any service or purchase of materials; or (b) Expressly or impliedly agrees that if patients are referred by said person, the licensee will not supply optometric materials to patients similar to the optometric material supplied by said referring person; or (c) Expressly or impliedly agrees to give anything of value to said person or a person designated by the licensee as consideration for said referral. (2) Nothing in this rule or ORS Chapter 683 may be construed to affect the right of a licensee to become a member of a panel of a prepaid vision care plan and agree to any of the requirements thereof, provided said plan is organized on an actuarial basis and is lawfully organized and operated according to the appropriate statutes of the State of Oregon, and further provided that such plan permits all optometric physicians licensed to practice in the state to become a member of such panel subject to the same or equivalent conditions. (3) Nothing in this rule may be construed to prohibit or affect referrals between persons authorized to practice medicine or optometry in the state of Oregon. (4) The violation of this rule subjects the violator to all of the penalties provided by the provisions of ORS 683.140. Statutory/Other Authority: ORS 683 Statutes/Other Implemented: ORS 683.270 History: OPT 1-2013, f. & cert. ef. 1-3-13 OP 1-1987, f. & ef. 4-30-87 OE 2-84, f. & ef. 7-14-84 OE 1-1983, f. & ef. 1-27-83 OE 20, f. 7-24-74, ef. 8-25-74 OE 8, f. 4-23-71, ef. 5-25-71 OE 7, f. 2-3-69, ef. 2-25-69 OE 6, f. 5-11-64
852-020-0035 Prescribing (1) An optometric physician may use, prescribe, dispense or administer controlled substances in Schedules III-V and Schedule II hydrocodone-combination drugs only to a person with whom the doctor has a bona fide physician-patient relationship. (2) An optometric physician may not use, prescribe, dispense or administer Schedule III-V controlled substances or Schedule II hydrocodone-combination drugs to himself/herself. (3) An optometric physician may not use, prescribe, dispense or administer Schedule III-V controlled substances or Schedule II hydrocodone-combination drugs to an immediate family member except in emergency situations. “Immediate family member” means spouse, domestic partner, child, stepchild, sibling, parent, in-law or other individual for whom an optometric physician’s personal or emotional involvement may render the doctor unable to exercise detached professional judgment in reaching diagnostic or therapeutic decisions. (4) It is unprofessional conduct for an optometric physician to use, prescribe, dispense or administer controlled substances in Schedules III-V or Schedule II hydrocodone-combination drugs outside the scope of practice of optometry or in a manner that impairs the health and safety of an individual. (5) All drugs dispensed by an optometric physician must follow all applicable Oregon Board of Pharmacy rules governing dispensing. All dispensed drugs must be labeled with the following information: (a) Name, address and telephone number of the optometric physician; (b) Date; (c) Name of patient for which the drug is dispensed; (d) Name of the drug, strength, the quantity dispensed. When a generic name is used, the label must also contain the name of the manufacturer or distributor; (e) Direction for use; (f) Required precautionary information; (g) Such other and further accessory cautionary information as required for patient safety; and (h) An expiration date after which the patient should not use the drug. Expiration dates on drugs dispensed must be the same as that on the original container unless, in the optometric physician’s professional judgment, a shorter expiration date is warranted. Any drug bearing an expiration date may not be dispensed beyond the said expiration date of the drug. Statutory/Other Authority: ORS 683 & 182 Statutes/Other Implemented: ORS 683.010(3), 683.240(2), 683.270(k), 182.466 & 689.225 History: OPT 2-2015, f. & cert. ef. 11-12-15 OPT 3-2014, f. 12-29-14, cert. ef. 1-1-15 OPT 2-2014, f. 11-28-14, cert. ef. 1-1-14 OPT 1-2013, f. & cert. ef. 1-3-13 OPT 2-2009, f. & cert. ef. 12-11-09 OPT 2-2005, f. & cert. ef. 4-8-05
852-020-0050 Scope of Practice (1) Optometric physicians in Oregon may perform procedures to diagnose or treat the eye. They may not perform invasive or laser surgery, sub-Tenon, retrobulbar, intraocular or botulinum toxin injection, or administer intravenous or general anesthesia. Nothing in these rules may be construed to prohibit an optometric physician from co-managing invasive surgery or laser surgery. Co-management is defined as the sharing of peri-operative responsibilities between the medical and optometric physician. (2) The Oregon Board of Optometry considers procedures to be within the scope of optometric practice, as defined in ORS Chapter 683, when all of the following questions can be answered in the affirmative. Any procedure that meets these qualifications is considered within the scope of optometric practice in Oregon: (a) Does this procedure involve the eye or the scope of functions of the eye? (b) Can this procedure be done without invasive surgery? (c) Can this procedure be done without laser surgery? (d) Can this procedure be done without closure by suture? (e) Can this procedure be done either without pharmaceutical agents or with pharmaceutical agents categorized in Division 80? (f) Can this procedure be done without sub-Tenon, retrobulbar, intraocular or botulinum toxin injection? (g) Can this procedure be done without conscious sedation, deep sedation or general anesthesia? (3)(a) Telehealth optometrists are subject to all of the provisions of the Oregon optometry law and rules and must meet the same standard of care. (b) Telehealth prescriptions may only be issued on an initial spectacle or contact lens prescription only after conducting an in-person eye exam prior to delivering telemedicine services. (4) The practice of optometry includes the prescription or utilization of lenses, prisms, filters, occlusion or other devices, ocular exercises, visual therapy, orthoptic therapy, visual rehabilitation and low vision rehabilitation for the correction, relief, or aid of the visual functions and for the improvement in activities of daily living. Statutory/Other Authority: ORS 683 & 182 Statutes/Other Implemented: ORS 683.010 & 182.466 History: OPT 4-2020, amend filed 09/17/2020, effective 09/18/2020 OPT 5-2019, amend filed 12/12/2019, effective 01/02/2020 OPT 1-2013, f. & cert. ef. 1-3-13 OPT 1-2002, f. & cert. ef. 7-26-02 OPT 3-2000, f. 6-26-00, cert. ef. 7-1-00
852-020-0060 Optometric Physician Responsibility, Supervision, and Delegation (1) The optometric physician carries the sole responsibility for the patient’s care. Delegation of duties does not discharge an optometric physician’s responsibility for the accuracy and completeness of the work delegated. (2) An optometric physician may delegate tasks that are not prohibited to well-trained technicians who are under the direct supervision of an optometric physician or medical doctor actively practicing at that location. (3) No optometric physician may enter into a contract, lease agreement or other agreement that requires the optometric physician to delegate the allowed tasks of an optometrist to a technician who is not under direct supervision. (4) Direct supervision as used in ORS 683.030 means the technician’s activities are overseen and approved by an optometric physician or medical doctor at the practice site who retains the responsibility for patient care and with an appropriate intervention protocol in place. The delegating optometrist must have authority to remove that technician from patient contact at any time. (5) An optometric physician may not delegate ophthalmoscopy, gonioscopy, final central nervous system assessment, final biomicroscopy, final refraction, or final determination of any prescription or treatment plans. (6) An optometric physician may not delegate final tonometry for a patient who has glaucoma. (7) Therapeutic procedures involving pharmaceutical agents may not be delegated other than to instill medication or provide educational information as instructed by the optometric physician. Statutory/Other Authority: ORS 182 & 683 Statutes/Other Implemented: ORS 683.010(2), 683.030(3) & 182.466 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 2-2009, f. & cert. ef. 12-11-09 OPT 1-2004, f. & cert. ef. 3-8-04 OPT 3-2000, f. 6-26-00, cert. ef. 7-1-00
852-020-0070 Optometric Physician Educational and Professional Standards To meet the expanded optometric scope of practice and current standard of care in Oregon, all optometric physicians must have demonstrated qualification and have obtained certification to use topical and nontopical therapeutic pharmaceutical agents for the practice of optometry. Statutory/Other Authority: ORS 683 & 182 Statutes/Other Implemented: ORS 683.210(1), 683.270(1)(k) & 182.466 History: OPT 2-2014, f. 11-28-14, cert. ef. 1-1-14 OPT 1-2013, f. & cert. ef. 1-3-13 OPT 2-2006, f. 3-20-06, cert. ef. 4-1-06 OPT 2-2001, f. 12-13-01, cert. ef. 1-1-02
852-050-0001 License Required (1) Unless otherwise exempted by Oregon law, all persons practicing optometry in the state of Oregon must possess a valid, unrevoked, active status Oregon license. (a) Optometry school graduates who have not been granted an Oregon optometry license are prohibited from the practice of optometry. When working in optometry prior to licensure, graduates may perform the work of unlicensed technicians under the supervision of a licensed optometrist, but cannot be referred to in any terms that imply being a doctor. (2) Doctors of optometry who are not practicing in Oregon may hold an inactive status license. (3) Those granted an inactive status license by the Board are exempt from ORS 683.100 and OAR 852-50-0016, which require the licensee to report each Oregon practice location to the Board: (a) Inactive licensees are required to maintain a current mailing address and phone number of record with the Board. Upon written request, the Board will hold the phone number of record of an inactive licensee confidential if it is a personal number not associated with a business entity; and (b) Inactive licensees failing to notify the Board in writing of any changes to their address or phone number of record before the change are subject to the fee listed in OAR 852-010-0080. Statutory/Other Authority: ORS 683 Statutes/Other Implemented: ORS 683.070, 683.100, 683.120 & 683.270 History: OPT 6-2017, f. & cert. ef. 3-14-17 OPT 1-2017, f. & cert. ef. 2-14-17 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 3-1998, f. 6-10-98, cert. ef. 7-1-98 OP 3-1993, f. & cert. ef. 10-27-93