reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 851 - BOARD OF NURSING › Division 63 - STANDARDS AND AUTHORIZED DUTIES FOR THE CERTIFIED NURSING ASSISTANT AND CERTIFIED MEDICATION AIDE › Section 851-063-0070 - Authorized Duties and Standards for Certified Medication Aide (CMA)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Under
			 supervision by a licensed nurse, a CMA may administer:
(a) Oral, sublingual and buccal
			 medications;
(b) Eye medications
			 with the exception of eye medications to new post-operative eye
			 clients;
(c) Ear
			 medications;
(d) Nasal
			 medications;
(e) Rectal
			 medications;
(f) Vaginal
			 medications;
(g) Skin ointments,
			 topical medications including patches and transdermal medications;
(h) Medications by gastrostomy and
			 jejunostomy tubes;
(i) Premeasured
			 medication delivered by Aerosol/Nebulizer; and
(j) Medications delivered by metered
			 hand-held inhalers.
Oregon Administrative Rules › Chapter 851 - BOARD OF NURSING › Division 63 - STANDARDS AND AUTHORIZED DUTIES FOR THE CERTIFIED NURSING ASSISTANT AND CERTIFIED MEDICATION AIDE › Section 851-063-0090 - Conduct Unbecoming a Nursing Assistant

Current through Register Vol. 63, No. 7, July 1, 2024
ORS 670.280 authorizes the Board to
				discipline nursing assistant certificates for conduct that is not undertaken
				directly in the course of CNA duties, but that is substantially related to the
				fitness and ability of the applicant or CNA to engage in activities of the CNA
				profession for which a CNA certificate is required. Such conduct is considered
				to be conduct unbecoming a CNA, and includes, but is not limited to:
(1) Conduct related to general fitness to
			 perform nursing assistant authorized duties:
(a) Demonstrated incidents of violent,
			 abusive, intimidating, neglectful or reckless behavior; or
(b) Demonstrated incidents of dishonesty,
			 misrepresentation, or fraud.
Oregon Administrative Rules › Chapter 851 - BOARD OF NURSING › Division 63 - STANDARDS AND AUTHORIZED DUTIES FOR THE CERTIFIED NURSING ASSISTANT AND CERTIFIED MEDICATION AIDE › Section 851-063-0100 - Conduct Unbecoming a Certified Medication Aide

Current through Register Vol. 63, No. 7, July 1, 2024
A certified medication aide is subject to discipline as a CNA
				as described in these rules. In addition, a CMA is subject to discipline for
				conduct unbecoming a medication aide. Such conduct includes but is not limited
				to:
(1) Failing to administer
			 medications as ordered by an individual authorized by law to prescribe
			 medications;
(2) Failing to
			 document medications as administered, withheld, wasted, or refused as well as
			 the reason a medication was withheld, wasted, or refused.
(3) Violating the individual's rights,
			 including the right to refuse medication;
(4) Altering or falsifying medication
			 administration record;
(5) Altering
			 or falsifying CNA or CMA certificate;
(6) Diverting medications for use by self or
			 others;
(7) Accepting a verbal
			 order or telephone order for medication from an individual authorized by law to
			 prescribe medications, except as allowed in authorized duties;
(8) Performing acts beyond the authorized
			 duties for which the individual is certified;
(9) Working as a CMA without CMA
			 Certification;
(10) Performing
			 client care tasks other than authorized in these rules;
(11) Representing oneself as a CMA without
			 current CMA certification; or
(12)
			 Failing to conform to the standards and authorized duties in these
			 rules.
Statutory/Other Authority: ORS
				  678.442
Statutes/Other Implemented: ORS
				  678.442
Oregon Administrative Rules › Chapter 851 - BOARD OF NURSING › Division 70 - HEALTH PROFESSIONALS' SERVICES PROGRAM › Section 851-070-0010 - Alternative to Discipline Program

Current through Register Vol. 63, No. 7, July 1, 2024
The Oregon State Board of Nursing ceased participation in
				Oregon's alternative to discipline program for healthcare providers (known as
				the Health Professionals' Services Program or HPSP) effective October 1, 2022.
				Those licensees who completed their enrollment into HPSP before that date are
				authorized to continue in the program. The board may remove from the program
				any participants who are non-compliant with the terms of the HPSP and impose a
				public disciplinary action on the individual's license.
Statutory/Other Authority: ORS
				  676.200
Statutes/Other Implemented: ORS
				  676.200
Oregon Administrative Rules › Chapter 851 - BOARD OF NURSING › Division 70 - HEALTH PROFESSIONALS' SERVICES PROGRAM › Section 851-070-0025 - Public Discipline

Current through Register Vol. 63, No. 7, July 1, 2024
Public discipline is determined by the Board after deliberation
				of investigatory information. The requirements for Board ordered monitored
				practice are stated in the specific Board documents.
Statutory/Other Authority: ORS
				  676.200
Statutes/Other Implemented: ORS
				  676.200
Oregon Administrative Rules › Chapter 851 - BOARD OF NURSING › Division 70 - HEALTH PROFESSIONALS' SERVICES PROGRAM › Section 851-070-0060 - Approval of Independent Third-Party Evaluators

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To be approved by the Board as an
			 independent third-party evaluator, an evaluator must:
(a) Be licensed as required by the
			 jurisdiction in which the evaluator works;
(b) Have a minimum of a Master's Degree in a
			 mental health discipline;
(c)
			 Provide evidence of additional education and experience as shown by one of the
			 following:
(A) Department of Transportation
			 Substance Abuse Professional qualification;
(B) Certified Alcohol and Drug Counselor
			 (CADC) II or III; an evaluation done by a CADC 1 may be accepted if:
(i) Signed off by a CADC II or III; or
(ii) Per the Board evaluation
			 process be qualified to perform the appropriate level of evaluation;
(C) Board Certified in Addiction
			 Medicine by either ASAM or American Board of Psychiatry and Neurology.
(d) Provide evidence of
			 assessments at the licensure level of the licensee being evaluated.
(e) The Board will not accept an evaluator as
			 independent in a particular case if, in the Board's judgment, the evaluator's
			 judgment is likely to be influenced by a personal or professional relationship
			 with a licensee.
(f) 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.
Oregon Administrative Rules › Chapter 851 - BOARD OF NURSING › Division 70 - HEALTH PROFESSIONALS' SERVICES PROGRAM › Section 851-070-0070 - Approval of Treatment Providers

Current through Register Vol. 63, No. 7, July 1, 2024
(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 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 obtain a urinalysis of the
			 licensee at intake.
Oregon Administrative Rules › Chapter 851 - BOARD OF NURSING › Division 70 - HEALTH PROFESSIONALS' SERVICES PROGRAM › Section 851-070-0075 - Approval of Worksite Monitors

Current through Register Vol. 63, No. 7, July 1, 2024
Board approved worksite monitors must:
(1) Be a Registered 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 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
Oregon Administrative Rules › Chapter 851 - BOARD OF NURSING › Division 70 - HEALTH PROFESSIONALS' SERVICES PROGRAM › Section 851-070-0080 - Licensee Responsibilities for HPSP and Public Discipline

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All licensees
			 must:
(a) Agree to report any arrest for or
			 conviction of a misdemeanor or felony crime to the HPSP and/or the Board within
			 three business days after the licensee is arrested or convicted of the crime;
			 and
(b) Comply continuously with
			 his or her monitoring agreement, including any restrictions on his or her
			 practice for a minimum of two years for the HPSP program; or, for public
			 discipline, as specified by the Board by rule or order. During the last two
			 years of the HPSP program only, for a single isolated incident of substantial
			 noncompliance the Board has discretion to determine if the substantial
			 noncompliance warrants extension in the program.
(c) Abstain from mind-altering or
			 intoxicating substances or potentially addictive drugs, unless prescribed for a
			 documented medical condition by a person authorized by law to prescribe the
			 drug to the licensee. The Board does not authorize the HPSP program to approve
			 or disapprove medications prescribed to the Licensee for a documented medical
			 condition;
(d) Report unauthorized
			 use of mind-altering or intoxicating substances or potentially addictive drugs
			 within 24 hours;
(e) Comply with
			 the treatment plan. HPSP medical director may consult with the third party
			 evaluator(s) regarding treatment recommendations. The Board does not authorize
			 HPSP to independently modify treatment plans developed by an Independent
			 third-party evaluator;
(f) Limit
			 practice as required by the Third-Party Evaluator, Treatment Program, or Board
			 order;
(g) Participate in monitored
			 practice;
(h) Participate in a
			 follow-up evaluation, when necessary, of licensee's fitness to
			 practice;
(i) Submit to random
			 toxicology testing for the duration of the HPSP or Public Discipline
			 program;
(j) Report at least weekly
			 to the HPSP regarding the licensee's compliance with the monitoring agreement;
			 report at least monthly to the Public Discipline Program compliance
			 staff;
(k) Report to the HPSP
			 monitor/Board compliance staff applications for licensure in other states,
			 changes in employment and changes in practice setting;
(l) Agree to be responsible for the cost of
			 evaluations, toxicology testing and treatment;
(m) Report to the HPSP Board compliance staff
			 any investigations or disciplinary action by any state or state agency,
			 including Oregon;
(n) Participate
			 in required meetings according to the treatment plan; and
(o) Maintain active license status.
Oregon Administrative Rules › Chapter 851 - BOARD OF NURSING › Division 70 - HEALTH PROFESSIONALS' SERVICES PROGRAM › Section 851-070-0090 - Completion Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To
			 complete the HPSP successfully, licensees with a substance use disorder and
			 with a mental disorder, must have participated in the HPSP program for a
			 minimum of four years and have worked for at least two years in a monitored
			 practice. Licensees must complete the required two years of monitored practice
			 within four years of entering the HPSP.
(2) To complete the HPSP successfully,
			 licensees with a mental health disorder, 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. Licensees with a mental
			 health disorder may be required to submit to random alcohol or drug testing
			 only in cases when such testing is recommended by a third-party evaluator or
			 Board order based on a diagnosis of substance use disorder. Licensees must
			 complete the required year of monitored practice within two years of entering
			 the Health Professionals' Services Program.
(3) The Board may extend the time within
			 which a licensee must complete monitored practice if the licensee has remained
			 compliant with the program.
(4) A
			 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.
(5) The time spent
			 working in monitored practice before transferring from the Nurse Monitoring
			 Program to the Health Professionals' Services Program effective July 1, 2010,
			 will be counted toward the required term of monitored practice.
(6) For probation, the licensee will be
			 considered for completion as per Board order; however, the public discipline
			 stays on the OSBN website for the life of the license.
Stat. Auth.: ORS
				  676.200
Stats. Implemented: ORS
				  676.200
Oregon Administrative Rules › Chapter 851 - BOARD OF NURSING › Division 70 - HEALTH PROFESSIONALS' SERVICES PROGRAM › Section 851-070-0100 - Substantial Non-Compliance Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
(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 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 the licensee's 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 licensee's
			 practice imposed by the HPSP or the licensee's 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.
Oregon Administrative Rules › Chapter 852 - BOARD OF OPTOMETRY › Division 1 - PROCEDURAL RULES › Section 852-001-0001 - Notice of Proposed Rule

Current through Register Vol. 63, No. 7, July 1, 2024
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 ormailing a copy of the
			 notice to:
(a) Oregon Optometric Physicians
			 Association; and
(b) Capitol Press
			 Room.
Oregon Administrative Rules › Chapter 852 - BOARD OF OPTOMETRY › Division 5 - BOARD ADMINISTRATION › Section 852-005-0005 - Budget

Current through Register Vol. 63, No. 7, July 1, 2024
The Oregon Board of Optometry hereby adopts by reference the
				Oregon Board of Optometry 20211-23 Biennium Budget of $817,950 in revenues and
				$912,095 in expenses covering the period from July 1, 2021 through June 30,
				2023. 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.
To view attachments referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS 683 & 182
Statutes/Other Implemented: ORS
				  182.462(1)
				  & (2)
Oregon Administrative Rules › Chapter 852 - BOARD OF OPTOMETRY › Division 5 - BOARD ADMINISTRATION › Section 852-005-0010 - Purchasing

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS 182 & 683
Stats. Implemented: ORS
				  182.460(4)
Oregon Administrative Rules › Chapter 852 - BOARD OF OPTOMETRY › Division 5 - BOARD ADMINISTRATION › Section 852-005-0015 - Board Member Compensation

Current through Register Vol. 63, No. 7, July 1, 2024
(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: $155 per day when
			 attending a full day Board meeting or $19.38 per hour for attending a special
			 meeting. Board members will be paid $19.38 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 $19.38 per hour for 10% of
			 the total number of CE hours reviewed. This compensation amount is in addition
			 to any eligible reimbursement of travel expenses.
(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)
Oregon Administrative Rules › Chapter 852 - BOARD OF OPTOMETRY › Division 5 - BOARD ADMINISTRATION › Section 852-005-0030 - Contracting

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 852 - BOARD OF OPTOMETRY › Division 5 - BOARD ADMINISTRATION › Section 852-005-0035 - Public Records

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 852 - BOARD OF OPTOMETRY › Division 10 - GENERAL › Section 852-010-0005 - Board Meeting

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS 683 & 676
Stats. Implemented: ORS
				  683.270 &
				  676.306
Oregon Administrative Rules › Chapter 852 - BOARD OF OPTOMETRY › Division 10 - GENERAL › Section 852-010-0015 - Application for Examination and Licensure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each applicant must meet educational
			 qualifications and must comply with the requirements of ORS
			 683.040 before the applicant will be 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) A
			 mailed official final transcript from an Accreditation Council on Optometric
			 Education (ACOE) accredited college of optometry indicating receipt of the
			 doctor of optometry degree mailed directly to the Board from the college or
			 university;
(c) A copy of the
			 record establishing satisfactory completion of a course in pharmacology as it
			 applies to optometry from an institution approved under ORS
			 683.040(2)
			 when applicable;
(d) Verification
			 of the passage of the examination of the National Board of Examiners in
			 Optometry (NBEO) sent directly from NBEO to the Board;
(e) Receipt by the Board's office of the
			 application fee and criminal background check fee as listed in OAR
			 852-010-0080;
(f) 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;
(g) Documentation of
			 completion of the required continuing optometric education;
(h) Documentation of current CPR
			 certification, as required in OAR 852-080-0040;
(i) 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);
(j) Proof of passage of the
			 Oregon optometric law and administrative rules examination; and
(k) Satisfactory results of a criminal
			 records background check as defined in OAR 852-050-0025.
Oregon Administrative Rules › Chapter 852 - BOARD OF OPTOMETRY › Division 10 - GENERAL › Section 852-010-0020 - Rules for Examination and Licensure

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 852 - BOARD OF OPTOMETRY › Division 10 - GENERAL › Section 852-010-0022 - Application for Endorsement Examination and Licensure

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 852 - BOARD OF OPTOMETRY › Division 10 - GENERAL › Section 852-010-0024 - Military Spouse and Domestic Partner Licensure

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 852 - BOARD OF OPTOMETRY › Division 10 - GENERAL › Section 852-010-0026 - Public Health Emergency or State of Emergency temporary license

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 852 - BOARD OF OPTOMETRY › Division 10 - GENERAL › Section 852-010-0030 - Advertising

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 852 - BOARD OF OPTOMETRY › Division 10 - GENERAL › Section 852-010-0035 - Agreements, Understandings and Contracts

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 852 - BOARD OF OPTOMETRY › Division 10 - GENERAL › Section 852-010-0080 - Schedule of Fees

Current through Register Vol. 63, No. 7, July 1, 2024
The following fee schedule is established by the Oregon Board
				of Optometry to set forth in one place all of the fees and specified civil
				penalties charged by the Board:
(1)
			 Active and telehealth license:
(a) Annual
			 renewal -$450, of which $413 is for the active optometry license, $35 is the
			 Prescription Drug Monitoring Fund fee collected by the licensing body on behalf
			 of the Oregon Health Authority and $2 for the OHA Survey fee.
(b) Additional copy of Portable Multiple
			 Practice Location license -$50 each.
(c) Failure to meet renewal date: Late
			 renewal fee -$100 first failure, $150 second failure, $250 any subsequent
			 failure in a seven-year period.
(d)
			 Lapse in CPR certification during licensing period -$100 first lapse, $150
			 second lapse, $250 any subsequent lapse in a seven-year period.
(e) Failure to notify the Board of practice
			 locations or address or phone number of record -$100 first failure, $150 second
			 failure, $250 any subsequent failure(s) in a seven-year period. Failure to
			 notify the Board of the commencement or termination of a multiple practice
			 location organization will be assessed a fee of $200 per occurrence.
(f) Failure to notify the Board of patient
			 records transfer or change in business ownership per OAR 852-010-0051(3)- -$100
			 or the Board may take disciplinary action.
Oregon Administrative Rules › Chapter 852 - BOARD OF OPTOMETRY › Division 20 - STANDARDS OF OPTOMETRIC PRACTICE › Section 852-020-0029 - Prescription Content

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Prescription specifications must be reasonably based on the patient's vision
			 and eye health concerns and must include all information required to ensure the
			 patient receives the designated ophthalmic products.
(2) Spectacle prescriptions must include the
			 following information:
(a) Patient's name;
(b) Examination date;
(c) Prescription issuance date (the date on
			 which the patient receives a copy of the prescription);
(d) Optometric physician's name, license
			 number, practice location address, telephone number and facsimile (fax) number
			 and handwritten, stamped or electronic signature. If using another doctor's
			 printed or electronic prescription form, the prescribing doctor must legibly
			 print his or her own name and license number on prescription form before
			 signing;
(e) Sphere, Cylinder,
			 Axis and/or ADD;
(f) Any special
			 features, which may include but are not limited to: type of bifocal, trifocal
			 or progressive lens style, prism, material, tints, coatings or edge polish; and
(g) A reasonable and
			 clinically-prudent expiration date.
Oregon Administrative Rules › Chapter 852 - BOARD OF OPTOMETRY › Division 20 - STANDARDS OF OPTOMETRIC PRACTICE › Section 852-020-0031 - Prescription Release

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 optometric physician must immediately give the signed written prescription to
			 the patient at the time the doctor would provide spectacles or contact lenses
			 without additional examination, even if the patient does not request the
			 prescription. The optometric physician must confirm prescription release after
			 final contact lens fitting through one of the following methods:
(a) Request the patient sign a statement
			 confirming receipt of the contact lens prescription,
(b) Request the patient sign a
			 prescriber-retained copy of the contact lens prescription that contains a
			 statement confirming receipt of the contact lens prescription,
(c) Request that the patient sign a
			 prescriber-retained copy of the receipt for the examination with a statement
			 confirming receipt of the contact lens prescription or
(d) If a digital copy was provided to the
			 patient, retain evidence that the prescription was sent, received or made
			 accessible, downloadable and printable.
Oregon Administrative Rules › Chapter 852 - BOARD OF OPTOMETRY › Division 20 - STANDARDS OF OPTOMETRIC PRACTICE › Section 852-020-0035 - Prescribing

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 852 - BOARD OF OPTOMETRY › Division 20 - STANDARDS OF OPTOMETRIC PRACTICE › Section 852-020-0045 - Requirements for Business Entity Organization

Current through Register Vol. 63, No. 7, July 1, 2024
The following provisions apply to Oregon optometry practices,
				as defined in ORS
				683.010,
				organizing or operating as a business entity and are in addition to the
				provisions for a professional corporation, limited liability company and
				partnership outlined in ORS Chapters 58, 63, 67, and 70.
(1) Definitions. As used in these
			 administrative rules, unless the context requires otherwise:
(a) "Business entity" means:
(A) A professional corporation organized
			 under ORS Chapter 58, predecessor law or comparable law of another
			 jurisdiction;
(B) A limited
			 liability company organized under ORS Chapter 63 or comparable law of another
			 jurisdiction;
(C) A partnership
			 organized in Oregon after January 1, 1998, or that is registered as a limited
			 liability partnership, or that has elected to be governed by ORS Chapter 67 or
			 comparable law of another jurisdiction; or
(D) A limited partnership organized under ORS
			 Chapter 70, predecessor law or comparable law of another
			 jurisdiction.
Oregon Administrative Rules › Chapter 852 - BOARD OF OPTOMETRY › Division 20 - STANDARDS OF OPTOMETRIC PRACTICE › Section 852-020-0050 - Scope of Practice

Current through Register Vol. 63, No. 7, July 1, 2024
(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?
Oregon Administrative Rules › Chapter 852 - BOARD OF OPTOMETRY › Division 20 - STANDARDS OF OPTOMETRIC PRACTICE › Section 852-020-0060 - Optometric Physician Responsibility, Supervision, and Delegation

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS 182 & 683
Stats. Implemented: ORS
				  683.010(2),
				  683.030(3)
				  & 182.466
Oregon Administrative Rules › Chapter 852 - BOARD OF OPTOMETRY › Division 20 - STANDARDS OF OPTOMETRIC PRACTICE › Section 852-020-0070 - Optometric Physician Educational and Professional Standards

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS 683 & 182
Stats. Implemented: ORS
				  683.210(1),
				  683.270(1)(k)
				  & 182.466
Oregon Administrative Rules › Chapter 852 - BOARD OF OPTOMETRY › Division 50 - LICENSING › Section 852-050-0001 - License Required

Current through Register Vol. 63, No. 7, July 1, 2024
(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.