justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 683 — Optometrists; Opticians

ORS 683.240. Council on Optometric Nontopical Formulary; membership; duties; formulary and protocols. (1)(a) The Council on Optometric Nontopical Formulary is established and shall consist of seven members appointed as follows: (A) One member of the Oregon Board of Optometry appointed by the Oregon Board of Optometry; (B) One member who is a pharmacist licensed by the State Board of Pharmacy or a person with an advanced degree in pharmacology or pharmacognosy appointed by the State Board of Pharmacy; (C) One member of the Oregon Medical Board appointed by the Oregon Medical Board; (D) One member of the faculty of the Oregon Health and Science University School of Medicine appointed by the Oregon Medical Board; (E) One member who is a physician licensed under ORS chapter 677 appointed by the Oregon Medical Board after consideration of three qualified nominees provided by the Oregon Academy of Ophthalmology; (F) One member who is a practicing optometrist appointed by the Oregon Board of Optometry after consideration of three qualified nominees from the Oregon Optometric Physicians Association; and (G) One member with a degree in optometry or ophthalmology who is a member of the faculty at a college of optometry appointed by the Oregon Board of Optometry. (b)(A) The chair of the council shall be elected by a majority of the members. (B) The term of office of each member of the council shall be two years. A member shall serve until a successor is appointed. If a vacancy occurs, it shall be filled for the unexpired term by a person with the same qualifications as the vacating member. (C) Any member of the council who fails to attend two consecutive meetings of the council, whether regular or special, shall forfeit office unless the council member is prevented from attending by serious illness of the member or of a member of the council members family. (D) Meetings of the council shall be called at the request of the chair or at the request of two or more members of the council. (E) Members of the council shall serve without compensation. (2) After public hearings, the council shall determine the substances to be included in the optometric nontopical formulary that may be used by an optometrist under ORS 683.010 (3). The council shall review the formulary periodically. Immediately upon adoption or revision of the formulary, the council shall transmit the approved formulary to the Oregon Board of Optometry. The board shall adopt the formulary or a portion of the formulary. If the council approves protocols for the use of a nontopical pharmaceutical agent and the board adopts the portion of the formulary listing that agent, the board must also adopt those protocols. The board may not expand or add to the formulary submitted for adoption in any manner. [2001 c.632 7] Note:
ORS Chapter 683 — Optometrists; Opticians

ORS 683.250. Oregon Board of Optometry; qualification and terms of members; quorum. (1) The Oregon Board of Optometry operates as a semi-independent state agency subject to ORS 182.456 to 182.472, for the purpose of carrying out this chapter. The board consists of five members appointed by the Governor and subject to confirmation by the Senate in the manner provided in ORS 171.562 and 171.565. All members of the board must be residents of this state. Of the members of the board: (a) Four must be doctors of optometry licensed and in practice in Oregon; and (b) One member must be a member of the public who represents health consumers and who: (A) Is not otherwise eligible for appointment to the board; (B) Is not the spouse, domestic partner, child, parent or sibling of a doctor of optometry; and (C) Does not have a direct or indirect relationship to health care professionals, to the health care industry or to the ophthalmic optical industry. (2)(a) Board members required to be a doctor of optometry may be selected by the Governor from a list of three to five nominees for each vacancy, submitted by a professional organization representing doctors of optometry. (b) In selecting the members of the board, the Governor shall strive to balance the representation on the board according to: (A) Geographic areas of this state; and (B) Ethnic group. (3)(a) The term of office of each member is three years, but a member serves at the pleasure of the Governor. The terms must be staggered so that no more than two terms end each year. A member is eligible for reappointment. If a vacancy occurs in the membership of the board for any reason, the Governor shall make an appointment to become immediately effective for the unexpired term. (b) Each member of the board shall qualify by taking and subscribing the oath of office required by the Oregon Constitution, which shall be filed in the office of the Secretary of State. (c) A board member shall be removed immediately from the board if, during the members term, the member: (A) Is not a resident of this state; (B) Has been absent from three consecutive board meetings, unless at least one absence is excused; or (C) Is not a licensed doctor of optometry or a retired doctor of optometry who was a licensed doctor of optometry in good standing at the time of retirement, if the board member was appointed to serve on the board as a doctor of optometry. (4) Members of the board are entitled to compensation and expenses as provided in ORS 292.495. The board may provide by rule for compensation to board members for the performance of official duties at a rate that is greater than the rate provided in ORS 292.495. (5) A majority of the members constitutes a quorum for the transaction of business.
ORS Chapter 683 — Optometrists; Opticians

ORS 683.260. Persons ineligible for membership on board. (1) A person may not be a member of the Oregon Board of Optometry if the person is a stockholder in, or owner of, or a member of the faculty of or of the board of trustees of any school of optometry. (2) A member of the board may not be financially interested in any purchase or contract in which the board is interested. A member of the board may not be financially interested in the sale of any property or optical supplies to any prospective candidate for examination before the board.
ORS Chapter 683 — Optometrists; Opticians

ORS 683.270. Powers and duties of board; rules. The powers and duties of the Oregon Board of Optometry are as follows: (1) To organize and elect from its membership a president and vice president of the board, each of whom shall hold office for one year, or until the election and qualification of a successor. (2) To adopt and use a common seal. (3) To employ agents and inspectors to secure evidence of and report on all violations of this chapter and to employ other necessary assistance in the carrying out of the provisions of this chapter, and to pay the same from the funds provided in ORS 683.010 to 683.340. (4) To hold regular meetings at least once a year at which an examination of applicants for licenses shall be held at such places as the board shall from time to time designate, and special meetings upon request of a majority of the members of the board or upon the call of the president. (5) To keep an accurate record of all proceedings of the board and of all of its meetings, of all prosecutions for violations of ORS 683.010 to 683.340, and of all examinations held for applicants for licenses, with the names and addresses of all persons taking examinations and their success or failure to pass such examinations. All the records of the board shall be public and shall be kept in the office of the board. (6) To keep an accurate inventory of all property of the board and of the state in the possession of the board and to obtain a receipt therefor from its successor. (7) To keep a register of optometrists which shall contain the names and addresses of all persons to whom licenses have been issued in the State of Oregon, together with the date of the issuance of the license and the place or places of business in which each optometrist is engaged, and all renewals, revocations and suspensions thereof. (8) To grant or refuse to grant licenses as provided in ORS 683.010 to 683.340 and to impose any of the sanctions for any of the causes specified in ORS 683.140. (9) To administer oaths and take testimony upon granting and revoking or suspending any certificate of registration or any other certificate established by the board for the protection of the public. (10) To designate pharmaceutical agents for topical use in the practice of optometry with the advice and guidance of the Oregon Medical Board. (11) To adopt rules not inconsistent with the laws of this state as are necessary or proper to carry out the lawful powers and duties of the board, as may be necessary or proper to establish license fees and license terms or duration, to determine the qualifications of applicants for a license and of licensees to practice optometry in this state, and to establish educational and professional standards for such applicants, subject to the laws of this state. If an applicant fails to pass a second examination the board may adopt rules which may provide the required courses of study before further examination.
ORS Chapter 683 — Optometrists; Opticians

ORS 683.278. Continuing authority of board upon lapse, suspension, revocation or voluntary surrender of license. The lapse, suspension or revocation of a license by operation of law, by order of the Oregon Board of Optometry or by decision of a court of law, or the voluntary surrender of a license by a licensee, shall not deprive the board of jurisdiction to proceed with any investigation of or any action or disciplinary proceeding against the licensee, or to revise or render null and void an order suspending or revoking the license. [2001 c.456 2] Note:
ORS Chapter 683 — Optometrists; Opticians

ORS 683.290. Disposition of receipts. (1) All moneys received by the Oregon Board of Optometry under ORS 683.010 to 683.340 shall be deposited into an account established by the board as provided under ORS 182.470. Moneys deposited into the account hereby are appropriated continuously to the board and shall be used only for the administration and enforcement of ORS 182.456 to 182.472, 676.850 and 683.010 to 683.340. (2) Notwithstanding subsection (1) of this section and ORS 182.470, all civil penalties collected or received for violations of or in prosecutions under ORS
ORS Chapter 683 — Optometrists; Opticians

ORS 683.300. [Repealed by 1971 c.743 432]
ORS Chapter 683 — Optometrists; Opticians

ORS 683.310. Professional corporation regulation not required. ORS 58.345 does not apply to professional corporations engaged in the practice of optometry. [1985 c.103 16] (Enforcement)
ORS Chapter 683 — Optometrists; Opticians

ORS 683.325. Investigation of complaints and alleged violations; subpoenas. (1) Upon the complaint of any citizen of this state, or upon its own motion, the Oregon Board of Optometry may investigate any alleged violation of ORS 683.010 to
ORS Chapter 683 — Optometrists; Opticians

ORS 683.330. Injunction for violation. The Attorney General, the prosecuting attorney of any county or the Oregon Board of Optometry, in its own name, may maintain an action for an injunction against any person violating any provision of ORS
ORS Chapter 683 — Optometrists; Opticians

ORS 683.335. Report of suspected violation; confidentiality of complaints; liability of complainant. (1) Any health care facility required to be licensed under ORS 441.015 and any licensed optometrist shall and any other person may report suspected violations of ORS 683.010 to 683.155 and 683.170 to 683.290 by optometrists. (2) Any information provided to the board pursuant to this section is confidential and shall not be subject to public disclosure. (3) Any health facility or optometrist who reports to the board as required by subsection (1) of this section in good faith shall not be subject to an action for civil damages as a result thereof.
ORS Chapter 683 — Optometrists; Opticians

ORS 683.340. (2) In the conduct of investigations, the board may: (a) Take evidence; (b) Take the depositions of witnesses, including the person charged, in the manner provided by law in civil cases; (c) Compel the appearance of witnesses, including the person charged, before the board in person the same as in civil cases; (d) Require answers to interrogatories; and (e) Compel the production of books, papers, accounts, documents and testimony pertaining to the matter under investigation. (3) In exercising its authority under subsection (2) of this section, the board may issue subpoenas over the signature of the board chairperson and the seal of the board in the name of the State of Oregon. (4) Upon receipt of a complaint under ORS 683.010 to 683.340, the board shall conduct an investigation as described under ORS 676.165.
ORS Chapter 683 — Optometrists; Opticians

ORS 683.510. Definitions for ORS 683.520 to 683.530. As used in ORS 683.520 to 683.530, dispensing optician means a person who prepares and dispenses lenses, eyeglasses and appurtenances thereto to the intended wearers thereof on written prescriptions from a physician licensed under ORS chapter 677 or an optometrist and, in accordance with such prescriptions, measures, adapts, adjusts and fabricates such lenses, eyeglasses and appurtenances for the aid or correction of visual or ocular anomalies of the human eye.
ORS Chapter 683 — Optometrists; Opticians

ORS 683.520. Scope of practice of optician. Any dispensing optician may fabricate any ophthalmic lens in conformity with the signed prescription, or oral instruction followed by a written prescription, of any optometrist or person duly licensed to practice medicine in this state. Any dispensing optician may supply any ophthalmic lens in conformity with the prescription and the specified expiration date thereof.
ORS Chapter 683 — Optometrists; Opticians

ORS 683.525. Acceptance of lens for duplication. Notwithstanding ORS 683.190, a dispensing optician may accept or offer to accept for purposes of duplication any ophthalmic lens, excluding any contact lens, when the optician is presented with a whole lens by the person requesting the duplicate lens.
ORS Chapter 683 — Optometrists; Opticians

ORS 683.530. Discrimination against opticians prohibited. No official, board, commission or other agency of this state or any political subdivision or municipality in the state shall discriminate between dispensing opticians and any other persons authorized by law to render professional services that a dispensing optician may render, when such services are required. Such services shall be paid for in the same manner and under the same standards as are similar professional services. [1991 c.904 2] PENALTIES
ORS Chapter 683 — Optometrists; Opticians

ORS 683.990. Penalties. Violation of any of the provisions of ORS 683.010 to 683.340 is a Class A misdemeanor. [Amended by 1971 c.743 408; 2005 c.379 5] _______________
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.025. Policy; purpose. (1) The practice of pharmacy in the State of Oregon is declared a health care professional practice affecting the public health, safety and welfare and is subject to regulation and control in the public interest. It is further declared to be a matter of public interest and concern that the practice of pharmacy, as defined in this chapter, merit and receive the confidence of the public and that only qualified persons be permitted to engage in the practice of pharmacy in the State of Oregon. This chapter shall be liberally construed to carry out these objects and purposes. (2) It is the purpose of this chapter to promote, preserve and protect the public health, safety and welfare by and through the effective control and regulation of the practice of pharmacy and of the registration of drug outlets engaged in the manufacture, production, sale and distribution of drugs, medications, devices and such other materials as may be used in the diagnosis and treatment of injury, illness and disease.
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.035. Short title. This chapter shall be known as the Oregon Pharmacy Act.
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.045. Severability. If any provision of ORS 167.203, 414.325, 430.405, 435.010, 453.025, 475.005, 475.135, 475.185, 475.752, 475.906 and 616.855 and ORS chapter 689 is declared unconstitutional or illegal, or the applicability of ORS 167.203, 414.325, 430.405, 435.010, 453.025, 475.005, 475.135, 475.185, 475.752, 475.906 and 616.855 and ORS chapter 689 to any person or circumstances is held invalid by a court of competent jurisdiction, the constitutionality or legality of the remaining provisions of ORS 167.203, 414.325, 430.405, 435.010, 453.025, 475.005, 475.135, 475.185, 475.752, 475.906 and 616.855 and ORS chapter 689 and the application of ORS 167.203, 414.325, 430.405, 435.010, 453.025, 475.005, 475.135, 475.185, 475.752, 475.906 and 616.855 and ORS chapter 689 to other persons and circumstances shall not be affected and shall remain in full force and effect without the invalid provision or application. [1979 c.777 63; 1999 c.605 6; 1999 c.1051 137] Note:
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.110. [Amended by 1963 c.586 2; 1965 c.580 4; 1967 c.159 1; 1969 c.514 2; repealed by 1977 c.842 45 and 1979 c.777 59] STATE BOARD OF PHARMACY
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.120. [Amended by 1967 c.159 2; repealed by 1969 c.514 57]
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.130. [Repealed by 1969 c.514 57]
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.139. State Board of Pharmacy Account; disposition of receipts. The State Board of Pharmacy Account is established in the State Treasury, separate and distinct from the General Fund. All moneys received by the State Board of Pharmacy shall be deposited into the account and are continuously appropriated to the board to carry out the duties, functions and powers of the board. Any interest or other income from moneys in the account shall be credited to the account.
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.140. [Amended by 1963 c.586 3; repealed by 1969 c.514 57]
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.145. Enforcement powers of board. The responsibility for enforcement of the provisions of this chapter is vested in the State Board of Pharmacy. The board shall have all of the duties, powers and authority specifically granted by and necessary and proper to the enforcement of this chapter, as well as such other duties, powers and authority as it may be granted from time to time by law.
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.150. [Amended by 1969 c.514 46; repealed by 1977 c.842 45 and 1979 c.777 59]
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.151. Board control over licensing, standards and discipline. The State Board of Pharmacy shall be responsible for the control and regulation of the practice of pharmacy in this state including, but not limited to, the following: (1) The licensing by examination or by reciprocity of applicants who are qualified to engage in the practice of pharmacy under the provisions of this chapter; (2) The renewal of licenses to engage in the practice of pharmacy; (3) The determination and issuance of standards based on nationally recognized standards of practice and accreditation criteria for recognition and approval of schools and colleges of pharmacy whose graduates shall be eligible for licensure in this state, and the specification and enforcement of requirements for practical training, including internship; (4) The enforcement of those provisions of this chapter relating to the conduct or competence of pharmacists practicing in this state, and the suspension, revocation or restriction of licenses to engage in the practice of pharmacy; (5) The training, qualifications and employment of pharmacy interns; and (6) The licensing of pharmacy technicians.
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.153. Continuing authority of board upon lapse, suspension, revocation or voluntary surrender of license or certificate. The lapse, suspension or revocation of a license or certificate of registration by the operation of law or by order of the State Board of Pharmacy or by the decision of a court of law, or the voluntary surrender of a license by a licensee or of a certificate of registration by the holder of the certificate, does not deprive the board of jurisdiction to proceed with any investigation or any action or disciplinary proceeding against the licensee or certificate holder or revise or render null and void an order of disciplinary action against the licensee or certificate holder.
ORS Chapter 689 — Pharmacists; Drug Outlets;

ORS 689.155. Authority of board over medications, drugs, devices and other materials; rules. The State Board of Pharmacy shall also have the following responsibilities in regard to medications, drugs, devices and other materials used in this state in the diagnosis, mitigation and treatment or prevention of injury, illness and disease: (1)(a) The regulation of the sale at retail, the administering by pharmacists to the extent provided in ORS 689.645 and 689.655 and the dispensing of medications, drugs, devices and other materials including the right to seize any such drugs, devices and other materials found to be detrimental to the public health and welfare by the board after appropriate hearing as required under ORS chapter 183. (b) The regulation of the administering by pharmacy technicians to the extent provided in ORS 689.645 of medications and drugs. (2) The specifications of minimum professional and technical equipment, environment, supplies and procedures for the compounding, administering and dispensing of such medications, drugs, devices and other materials within the practice of pharmacy and any drug outlet. (3) The control of the purity and quality of such medications, drugs, devices and other materials within the practice of pharmacy and any drug outlet. (4) The issuance and renewal of certificates of registration of drug outlets for purposes of ascertaining those persons engaged in the manufacture and distribution of drugs, receiving and collecting annual fees therefrom and suspending, revoking or refusing to renew such registration in the manner provided in this chapter. (5) In conjunction with the regularly constituted law enforcement agencies of this state, enforce all laws of the state which pertain to the practice of pharmacy, the manufacture, production, sale or distribution of drugs, chemicals and poisons, and to their standard of strength and purity. (6) Investigate all complaints of alleged violations of this chapter and take necessary action as the board may require or direct. (7) Pursuant to ORS chapter 183, make such rules as are necessary and feasible for carrying out ORS 453.175, 453.185, 475.005, 475.135 and 475.185 and this chapter and make rules relating to controlled substances, designated as such pursuant to ORS 475.025 and 475.035. (8) At all reasonable hours, in performance of the duties imposed by this section, enter, or cause its authorized representatives to enter upon, and examine the premises or records required by law of any drug outlet under the jurisdiction of the board. (9) Assist the regularly constituted law enforcement agencies of this state in enforcing ORS 453.005 to 453.135, 475.005 and 475.135 and this chapter by prosecution in the courts of this state or otherwise. (10) Cause to have made a regular inspection of all pharmacies. (11) Pursuant to ORS chapter 183, make such rules as are necessary for pharmacies, drug manufacturers and wholesalers to sell or otherwise lawfully distribute designated pharmaceutical agents to licensed optometrists consistent with the provisions of ORS 683.010 to 683.340.