ORS Chapter 683
OCCUPATIONSAND PROFESSIONS
OPTOMETRISTS
(Generally)
683.010 Definitionsfor ORS 683.010 to 683.310
683.020 Licenserequired to practice optometry
683.030 Personsand practices not affected
683.035 Discriminationagainst optometrists prohibited
(Licensing)
683.040 Qualificationsof applicants
683.060 Examinationof applicants; fee
683.070 Issuanceof certificates of licensure; fee
683.080 Validityof certificates issued under former law
683.100 Noticeto board of place of practice; responsibility for advertisements; notice givenby board
683.110 Optometristto give receipt when practicing away from regular place of business
683.120 Licenserenewal; fee; effect of failure to renew license
683.130 Clinicsand instructors connected with educational institutions
683.140 Groundsfor and nature of discipline; civil penalties
683.155 Hearing
683.165 Confidentialinformation; liability of person providing information
683.170 Sanctionmay be set aside by board
683.180 Prohibitedacts and practices
683.190 Acceptanceof lens for duplication by unlicensed person prohibited; exception
683.200 Standardsof liability; removal of foreign bodies from eye; treatment with antiglaucomamedication
683.210 Continuingeducation requirement; fee; rules
683.220 Licensingof applicant holding license in another state
(OptometricNontopical Formulary)
683.240 Councilon Optometric Nontopical Formulary; membership; duties; formulary and protocols
(StateBoard)
683.250 OregonBoard of Optometry; qualification and terms of members; quorum
683.260 Personsineligible for membership on board
683.270 Powersand duties of board; rules
683.278 Continuingauthority of board upon lapse, suspension, revocation or voluntary surrender oflicense
683.290 Dispositionof receipts
683.310 Professionalcorporation regulation not required
(Enforcement)
683.325 Investigationof complaints and alleged violations; subpoenas
683.330 Injunctionfor violation
683.335 Reportof suspected violation; confidentiality of complaints; liability of complainant
683.340 Dutyto report prohibited conduct
OPTICIANS
683.510 Definitionsfor ORS 683.520 to 683.530
683.520 Scopeof practice of optician
683.525 Acceptanceof lens for duplication
683.530 Discriminationagainst opticians prohibited
PENALTIES
683.990 Penalties
OPTOMETRISTS
(Generally)
683.010Definitions for ORS 683.010 to 683.310. As used in ORS 683.010 to 683.310,unless the context requires otherwise:
(1)“Board” means the Oregon Board of Optometry.
(2)“Optometric nontopical formulary” means the list of nontopical pharmaceuticalagents for the treatment of diseases of the human eye and the protocols fortheir usage adopted by the Council on Optometric Nontopical Formulary under ORS683.240 (2).
(3)“Practice of optometry” means the employment of any means other than invasiveor laser surgery, or the prescription of Schedule I and II drugs orpharmaceutical agents that are not on the optometric nontopical formulary, fordiagnosis and treatment in the human eye, for the measurement or assistance ofthe powers or range of human vision or the determination of the accommodativeand refractive states of the human eye or the scope of its functions in generalor the adaptation of lenses or frames for the aid thereof, subject to thelimitations of ORS 683.040.
(4)“Trial frames” or “test lenses” means any frame or lens used in testing the eyewhich is not sold and not for sale. [Amended by 1971 c.102 §1; 1975 c.175 §1;1989 c.443 §1; 1991 c.904 §4; 1991 c.967 §1; 2001 c.632 §1]
683.020License required to practice optometry. No person shall engage in the practiceof optometry or purport in any way to be an optometrist or an expert in thefield of optometry without having first obtained a license from the OregonBoard of Optometry as provided for in ORS 683.010 to 683.340. In anyprosecution for the violation of this section, the use of test cards, testlenses or of trial frames is prima facie evidence of the practice of optometry.[Amended by 1971 c.102 §2; 1987 c.443 §1]
683.030Persons and practices not affected. ORS 683.010 to 683.340 shall not beconstrued:
(1)To prevent any person duly licensed to practice medicine and surgery fromtreating or fitting glasses to the human eye;
(2)To prohibit the sale of complete ready-to-wear eye glasses as merchandise froma permanent place of business in good faith and not in evasion of ORS 683.010to 683.340 by any person not purporting to be competent to examine andprescribe for the human eye;
(3)To prohibit vision or eye care practices by persons working under the directsupervision of an optometrist authorized to practice in this state; or
(4)To prohibit vision screening by employees of a school or of the Department ofTransportation. [Amended by 1999 c.490 §1]
683.035Discrimination against optometrists prohibited. No official,board, commission or other agency of the state or of any of its politicalsubdivisions or municipalities shall discriminate between duly licensedoptometrists and any other person authorized by law to render professionalservices which a duly licensed optometrist may render, when such services arerequired. Such services shall be paid for in the same manner and under the samestandards as similar professional services. [1963 c.121 §1]
(Licensing)
683.040Qualifications of applicants. (1) Every person desiring to commencethe practice of optometry in this state must show satisfactory evidence ofgraduation from a school of optometry that is approved by the Oregon Board ofOptometry and that maintains a standard of four school years of at least ninemonths each.
(2)Every person desiring to commence the practice of optometry or employ the useof pharmaceutical agents shall in addition to the requirements of subsection(1) of this section:
(a)Have satisfactorily completed a course in pharmacology, as it applies tooptometry, by an institution accredited by a regional or professionalaccreditation organization that is approved by the board with particularemphasis on the application of pharmaceutical agents for the purpose ofdiagnosis and treatment in the human eye, approved by the board; and
(b)Demonstrate to the satisfaction of the board clinical competency in theprescription of pharmaceutical agents listed on the optometric nontopicalformulary. [Amended by 1971 c.102 §3; 1975 c.175 §2; 1985 c.103 §3; 1991 c.967 §2;1993 c.27 §1; 2001 c.632 §2]
683.050 [Repealed by1977 c.842 §39 and 1983 c.241 §1]
683.060Examination of applicants; fee. (1) Any person who has signified to theOregon Board of Optometry a desire to be examined by it and who has filed proofthat the person is qualified under ORS 683.010 to 683.340 and the rules of theboard to take the examination shall pay a fee to be determined by the board.The applicant shall be examined in the anatomy of the eye, in the use ofpharmaceutical agents in optometry, in normal and abnormal refractive andaccommodative and muscular conditions and coordination of the eye, insubjective and objective optometry, including the fitting of glasses, theprinciples of lens grinding and frame adjusting, and in such other subjects aspertain to the science and practice of optometry, such subjects to beenumerated in a publication by the board.
(2)The board may, in its discretion, require the certificate of successfulexamination of the National Board of Examiners in Optometry in one or moreareas of the examination in lieu of its examination in such areas.
(3)If an applicant fails to pass a second examination, the board may permitadditional examinations upon compliance by the applicant with the law and therules of the board.
(4)Any person who petitions the board to prescribe and administer pharmaceuticalagents who has not previously been examined by the board on such use shall passan examination on the use and potential side effect of such agents as used inoptometry and shall demonstrate to the satisfaction of the board clinicalcompetency in the prescription of pharmaceutical agents listed on theoptometric nontopical formulary and pharmaceutical agents approved by the boardfor topical use. [Amended by 1955 c.120 §1; 1971 c.102 §4; 1975 c.175 §3; 1977c.243 §1; 1991 c.967 §3; 1993 c.28 §1; 1997 c.643 §27; 2001 c.632 §3]
683.070Issuance of certificates of licensure; fee. Each applicant, without discrimination,who meets the requirements for examination and licensure and who pays the feeshall be issued a certificate of licensure. The certificate of licensure shallcontinue in force for the period established by the Oregon Board of Optometry. [Amendedby 1955 c.120 §2; 1971 c.102 §5; 1973 c.827 §71; 1985 c.103 §4; 1987 c.443 §2;1997 c.630 §1; 1997 c.643 §28a]
683.080Validity of certificates issued under former law. Any personholding an unrevoked certificate issued under chapter 139, Oregon Laws 1905, asamended, shall be entitled to continue the practice of optometry as though itwere issued under ORS 683.010 to 683.340 and such certificate shall be subjectto renewal, revocation and suspension the same as though it has been issuedunder ORS 683.010 to 683.340.
683.090 [Repealed by1971 c.102 §11]
683.100Notice to board of place of practice; responsibility for advertisements; noticegiven by board.(1) Before engaging in the practice of optometry each optometrist shall notifythe Oregon Board of Optometry in writing of the address of the place or placeswhere the optometrist is to engage or intends to engage in the practice ofoptometry and the optometrist also shall notify the board of any change inplace of practice. Each optometrist is responsible for any advertisementregarding services rendered at such location.
(2)The board shall keep a record showing the registered address of eachoptometrist.
(3)Any notice required to be given by the board to any optometrist may be given bymailing it to the optometrist at the last registered address of the optometristthrough the United States mail postpaid. [Amended by 1987 c.443 §3]
683.110Optometrist to give receipt when practicing away from regular place ofbusiness.Any optometrist who temporarily practices optometry outside or away from theregular registered place of business shall deliver to each customer or personthere fitted or supplied with glasses a receipt which shall contain thesignature and show the permanent registered place of business and the number ofthe license of the optometrist, together with a specification of the lensesfurnished and amount charged therefor. [Amended by 1987 c.443 §4]
683.120License renewal; fee; effect of failure to renew license. (1) Eachoptometrist who practices in this state shall on the date established by theOregon Board of Optometry pay a license fee, as determined by the board, for arenewal of the license of the optometrist and shall have such licenseconspicuously posted in the office of the optometrist or place of business atall times. Each optometrist who is retired, has a disability or is anonresident of the State of Oregon and who is not practicing optometry withinthis state shall on the date established by the board pay a license fee, asdetermined by the board, for a renewal of the license of the optometrist.
(2)A person who is no more than 30 days delinquent in renewing the license mayrenew the license upon payment to the board of the required fee plus adelinquent fee. If a person is more than 30 days delinquent in renewing thelicense, the license is automatically suspended by the board upon 30-day noticegiven to the licensee. A certified letter addressed to the last-known addressof the licensee failing to comply with the requirements is sufficient notice.
(3)A person who is more than 60 days delinquent in renewing the license may berequired to take an examination and pay the examination fee as required in ORS683.060 before a license is issued. The board may, upon application, waive theexamination requirement. [Amended by 1953 c.235 §2; 1959 c.88 §1; 1963 c.79 §1;1967 c.22 §5; 1971 c.102 §6; 1973 c.182 §4; 1981 c.642 §1; 1987 c.443 §5; 1991c.703 §27; 1997 c.630 §2; 1997 c.643 §29; 2007 c.70 §312]
683.130Clinics and instructors connected with educational institutions. Any universityor college of optometry in Oregon, which is recognized and approved by theOregon Board of Optometry, may operate a clinic in conjunction therewith. Anyoptometrist licensed in another state, while a professor or instructor in sucha college, may sign optometric prescriptions on behalf of the clinic, but nototherwise. Any optometrist licensed in Oregon may also sign optometricprescriptions on behalf of the clinic while a professor or instructor at suchcollege.
683.140Grounds for and nature of discipline; civil penalties. (1) The OregonBoard of Optometry may discipline as provided in this section any optometristor person, where appropriate, for the following causes:
(a)Conviction of a felony or misdemeanor where such an offense bears ademonstrable relationship to the duties of an optometrist. The record ofconviction, or a certified copy thereof certified by the clerk of the court orby the judge in whose court the conviction is had, shall be conclusive evidenceof such conviction.
(b)Securing a license by practicing fraud or deceit upon the board.
(c)Unprofessional conduct, or for gross ignorance or inefficiency in theprofession.
(d)Obtaining any fee by fraud or misrepresentation.
(e)Employing directly or indirectly any suspended or unlicensed optometrist toperform any work covered by ORS 683.010 to 683.340.
(f)Advertising optometric services or treatment or advice in which untruthful,improbable, misleading or deceitful statements are made.
(g)Impairment as defined in ORS 676.303.
(h)Permitting another person to use the optometrist’s license.
(i)Using advertisements that do not indicate that a licensed optometrist ispracticing at the advertised location or locations or advertising optometricservices without having a licensed optometrist at the location or locations.
(j)Advertising professional methods or professional superiority.
(k)Failing to comply with the requirements for continuing education.
(L)Violating the federal Controlled Substances Act.
(m)Prescribing controlled substances without a legitimate optometric purpose, orwithout following accepted procedures for examination of patients or for recordkeeping.
(n)Failing to report to the board any adverse action taken against the optometristor person by another licensing jurisdiction, health regulatory board, peerreview body, health care institution, professional optometric society orassociation, governmental agency, law enforcement agency or court for actssimilar to conduct that would constitute grounds for disciplinary action asdescribed in this section.
(o)Having been disciplined by any health regulatory board of another state basedon acts similar to acts described in this section. A certified copy of therecord of disciplinary action of the health regulatory board taking thedisciplinary action is considered conclusive evidence of the action.
(p)Any violation of the provisions of ORS 683.010 to 683.340.
(2)When disciplining an optometrist or other person as authorized by subsection(1) of this section, the Oregon Board of Optometry may do any or all of thefollowing:
(a)Deny an initial license;
(b)Revoke, suspend or refuse to renew a license;
(c)Place the optometrist on probation;
(d)Impose limitations on the optometrist; or
(e)Take other disciplinary action as the board in its discretion finds proper,including the assessment of the costs of the disciplinary proceedings as acivil penalty or assessment of a civil penalty not to exceed $10,000 for eachviolation, or both. [Amended by 1971 c.102 §7; 1973 c.69 §6; 1979 c.142 §3;1985 c.103 §5; 1987 c.443 §6; 2005 c.379 §3; 2009 c.756 §46]
683.150 [Repealed by1971 c.734 §21]
683.155Hearing.(1) Where the Oregon Board of Optometry proposes to refuse to issue a license,or proposes, where written charges have been filed with the board which theboard considers sufficient to warrant a hearing, to impose any disciplinarysanction or civil penalty under ORS 683.140, opportunity for hearing shall beaccorded as provided in ORS chapter 183.
(2)Judicial review of orders under subsection (1) of this section shall be asprovided in ORS chapter 183. [1971 c.734 §128; 1985 c.103 §6]
683.160 [Repealed by1971 c.734 §21]
683.165Confidential information; liability of person providing information. (1) Anyinformation that the Oregon Board of Optometry obtains under ORS 683.140 isconfidential as provided under ORS 676.175.
(2)Any person who in good faith provides information to the board shall not besubject to an action for civil damages as a result thereof. [1989 c.438 §4;1997 c.791 §34]
683.170Sanction may be set aside by board. Any disciplinary sanction, other thancivil penalty, imposed for any of the causes listed in ORS 683.140, exceptthose specified in ORS 683.140 (1)(a) and