Oregon Bulletin
Rule
Caption: Adopts the 2011-2013 biennial
budget for the operation of the Board.
Adm.
Order No.: OPT 1-2011
Filed with Sec. of
State: 6-24-2011
Certified to be
Effective: 7-1-11
Notice Publication
Date: 5-1-2011
Rules Amended: 852-005-0005
Subject: 852-005-0005 — Adopts the 2011–2013
biennial budget for the operation of the Board.
Rules Coordinator: Kelly Paige—(503) 399-0662, ext. 23
852-005-0005
Budget
The Oregon Board of Optometry hereby adopts by
reference the Oregon Board of Optometry 2011–2013 Biennium Budget of
$658,809 covering the period from July 1, 2011 through June 30, 2013. The
Executive Director of the Board will amend budgeted accounts as necessary
within the approved budget of $658,809 for the effective operation of the
Board. The Board will not exceed the approved 2011–2013 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.
Stat. Auth.: ORS 683 & 182
Stats. Implemented: ORS 182.462(1)
& (2)
Hist.: OPT 1-1999, f. 6-4-99,
cert. ef. 7-1-99; OPT 1-2001, f. 6-18-01, cert. ef. 7-1-01; OPT 1-2003, f.
6-12-03, cert. ef. 7-1-03; OPT 3-2005, f. 6-29-05, cert. ef. 7-1-05; OPT
1-2007, f. 5-21-07, cert. ef. 7-1-07; OPT 1-2009, f. 6-10-09, cert. ef. 7-1-09;
OPT 1-2011, f. 6-24-11, cert. ef. 7-1-11
Rule
Caption: Reorganize and revise Board
Schedule of Fees.
Adm.
Order No.: OPT 2-2011
Filed with Sec. of
State: 6-24-2011
Certified to be
Effective: 7-1-11
Notice Publication
Date: 5-1-2011
Rules Amended: 852-010-0080
Subject: 852-010-0080 — Reorganize and revise Board
Schedule of Fees.
Rules Coordinator: Kelly Paige—(503) 399-0662, ext. 23
852-010-0080
Schedule of Fees
The following fee schedule is established by the Oregon
Board of Optometry to set forth in one place all of the fees charged by the
Board:
(1) Active License (see also 852-050-0006):
(a) Annual renewal —$323.
(A) License — $298.
(B) Electronic Prescription Monitoring Fund —
$25.
(b) Additional office license — $45.
(c) Multiple office license — $90.
(d) Late renewal fee — $50.
(e) Lapse in CPR certification during licensing period
— $50.
(f) Failure to notify the Board of practice locations
— $50, $100, $200.
(2) Inactive License (see also 852-050-0012):
(a) Annual renewal — $98.
(b) Late renewal fee — $15.
(3) Application for Licensure:
(a) Application for Examination and Licensure —
$200.
(b) Application for Endorsement Examination and
Licensure — $300.
(c) Application for TPA Certification — $75.
(d) Law and Administrative Rule Examination —
$75.
(e) Wall Display Certificate — $30.
(4) Other Fees:
(a) License Verification — $20.
(b) List of Licensees — $25–$50.
(c) Reactivation of License — $100.
(d) Reinstatement of License — $100.
(e) Law and Administrative Rules Booklet — $25.
(5) The Board will not refund any fee unless there has
been an error by the Board in the charging of the fee. Information not known by
the Board because the licensee, applicant, etc. has not supplied the correct
information is not considered an error.
Stat. Auth.: ORS 683 & 182
& 431
Stats. Implemented: ORS 683.270,
182.466 & 431.972
Hist.: OPT 1-2001, f. 6-26-01,
cert. ef. 7-1-01; OPT 1-2003, f. 6-12-03, cert. ef. 7-1-03; OPT 3-2005, f.
6-29-05, cert. ef. 7-1-05; OPT 3-2006, f. 3-20-06, cert. ef. 7-1-06; OPT
1-2007, f. 5-21-07, cert. ef. 7-1-07; OPT 2-2009, f. & cert. ef. 12-11-09;
OPT 2-2011, f. 6-24-11, cert. ef. 7-1-11
Rule
Caption: Extension of compliance date for
requirements for business entity organization.
Adm.
Order No.: OPT 3-2011
Filed with Sec. of
State: 6-24-2011
Certified to be
Effective: 7-1-11
Notice Publication
Date: 5-1-2011
Rules Amended: 852-020-0045
Subject: 852-020-0045 — Extension of compliance date for
requirements for business entity organization.
Rules Coordinator: Kelly Paige—(503) 399-0662, ext. 23
852-020-0045
Requirements for Business Entity
Organization
The following provisions apply to licensed optometric
physicians in Oregon organizing 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.
(b) “Majority ownership interest” means more than 50
percent of:
(A) The issued voting stock of a professional
corporation;
(B) The members of a limited liability company; or
(C) Participation in the profits of a partnership.
(c) “Organizational document” means:
(A) The articles of incorporation of a professional corporation,
or comparable document of another jurisdiction;
(B) The articles of organization of a limited liability
company, or comparable document of another jurisdiction;
(C) The partnership agreement and, for a limited
liability partnership, its registration, or comparable document(s) of another
jurisdiction; or
(D) A certificate of limited partnership, or comparable
document of another jurisdiction.
(d) “Owner” means a voting shareholder of a
professional corporation, member of a limited liability company, or partner of
a partnership.
(e) “Principal” means a person who is a director of a
professional corporation, manager of a limited liability company, or general
partner of a limited partnership.
(2) Requirements for business entities organized to practice
optometry:
(a) The majority ownership interest shall be held by
optometric physicians licensed in this state to practice optometry.
(A) A majority of the principals shall be optometric
physicians who are licensed in this state to practice optometry.
(B) All officers except the secretary and treasurer, if
any, must be optometric physicians who are licensed in this state to practice
optometry. Any two or more offices may be held by the same person.
(b) A professional corporation may be a shareholder of
a professional corporation organized for the purpose of practicing optometry
solely for the purpose of effecting a reorganization as defined in the Internal
Revenue Code.
(c) Business entities organized before the effective
date of this rule that are not in compliance with the provisions of this rule
have until January 1, 2012 to come into compliance.
(d) The Oregon Board of Optometry has the discretion to
allow business entities to apply for a waiver of the majority ownership
requirement provided full disclosure of business ownership is provided to the
Board, a plan and timetable is presented for a transition to meet the
requirements of this rule, and the Board finds that the health and welfare of
the patient is the first priority of the optometric physicians and business
entity.
(e) Upon a finding that a holder or owner of an
optometric practice has failed to comply with the provisions of this rule or
the regulations prescribed by the Board pursuant to the practice of optometry,
the Oregon Board of Optometry may consider the failure to comply with this rule
as a violation of this rule which may subject a holder or owner to discipline
pursuant to ORS 683.140.
Stat. Auth.: ORS 58, 63, 683
Stats. Implemented: ORS 58.367,
63.074, 683.270(11)
Hist.: OPT 1-2010, f. & cert.
ef. 9-20-10; OPT 3-2011, f. 6-24-11, cert. ef. 7-1-11
Rule
Caption: Eliminates requirement to
purchase wall certificate; adds and amends language regarding display of
license.
Adm.
Order No.: OPT 4-2011
Filed with Sec. of
State: 6-24-2011
Certified to be
Effective: 7-1-11
Notice Publication
Date: 5-1-2011
Rules Amended: 852-050-0005
Subject: 852-050-0005 — Eliminates requirement to
purchase wall certificate; adds and amends language regarding display of
license.
Rules Coordinator: Kelly Paige—(503) 399-0662, ext. 23
852-050-0005
License and Certificate of
Registration
(1) Upon becoming licensed to practice optometry in the
state of Oregon, each licensee will receive an office license for the primary
place of business. This original and current license must be posted conspicuously
in the office. Each licensee shall be required to pay a license renewal fee on
or before the license renewal date established by the Board. The licensee will
be given written notification of the license renewal period at the time of
licensure. The license renewal period will remain the same for the licensee
once established.
(2) If a
licensee engages in practice in more than one office or place of business, the
licensee shall acquire and conspicuously display an original and current
license for that specific location in each additional office or place of
business. Upon written application of the licensee, the Board shall issue such
number of licenses upon receipt of $45 for each license. The licensee must
renew each practice location on an annual basis during the license renewal
period.
(3) In lieu of acquiring an additional office license
for each practice location, any licensee who has acquired a license to practice
optometry in Oregon may elect to acquire a multiple office license which allows
the licensee to practice at an unlimited number of additional practice
locations. Upon written application of the licensee and receipt of an
additional $90 fee, the Board shall issue a license for practicing at multiple
locations. This original and current license shall be conspicuously displayed
at each location prior to practicing there. It is the responsibility of the
licensee to keep the Board informed of all practice locations. The licensee
must renew this license to practice at multiple locations on an annual basis
during the license renewal period.
(4) The licensee’s status (active or inactive, T, AT or
ATI certified, etc.) shall be indicated directly upon the annual license form.
(5) Upon becoming licensed to practice optometry in the
state of Oregon, each licensee may pay to the Oregon Board of Optometry a $30
fee for a Board-signed Wall Certificate of Registration.
Stat. Auth.: ORS 683 & 182
Stats. Implemented: ORS 683.070,
683.100, 683.120, 683.270 & 182.466
Hist.: OE 11, f. 5-19-72, ef.
6-1-72; OE 14, f. 2-20-73, ef. 3-1-73; OE 2-1980, f. 12-23-80, ef. 12-29-80; OE
2-1984, f. & ef. 7-14-84; OP 1-1987, f. & ef. 4-30-87; OP 1-1991, f.
& cert. ef. 4-12-91; OP 2-1992, f. & cert. ef. 10-21-92; OP 2-1994, f.
& cert. ef. 7-22-94; OP 2-1997, f. & cert. ef. 10-1-97; OPT 3-1998, f.
6-10-98, cert. ef. 7-1-98; OPT 1-2001, f. 6-18-01, cert. ef. 7-1-01; OPT
2-2002, f. & cert. ef. 12-18-02; OPT 1-2003, f. 6-12-03, cert. ef. 7-1-03;
OPT 1-2007, f. 5-21-07, cert. ef. 7-1-07; OPT 4-2011, f. 6-24-11, cert. ef. 7-1-11
Rule
Caption: Amends language; clarifies manner
of 30-day notice.
Adm.
Order No.: OPT 5-2011
Filed with Sec. of
State: 6-24-2011
Certified to be
Effective: 7-1-11
Notice Publication
Date: 5-1-2011
Rules Amended: 852-050-0006
Subject: 852-050-0006 —Amends language; clarifies manner
of 30-day notice.
Rules Coordinator: Kelly Paige—(503) 399-0662, ext. 23
852-050-0006
Annual
Renewal of Active License
(1) Active licensees shall annually renew their license
to practice optometry for the license period established by the Board. License
year renewal periods are established by the Board based upon birth dates of
licensees in order that expiration dates fall due each month of the year.
(a) If the licensee’s date of birth is not available to
the Board, a license renewal period will be established for the licensee.
(b) License renewals will cover 12-month license
periods based upon birth dates.
(2) License renewal applications are due in the Board’s
office on the first day of the month of license expiration (month of licensee’s
birth date).
(3) The license renewal application must include the
following to be considered complete:
(a) A completed license renewal form signed by the
licensee;
(b) Check or money order for the correct license
renewal fees;
(c) Documentation of completion of the required
continuing optometric education.
(d) Documentation of current CPR certification, as
required in OAR 852-80-040.
(4) The Board will, as a courtesy, send license year
renewal forms to the licensee’s last address of record. The license renewal
application is due and must be postmarked on or before the first day of the
month of license expiration.
(5) A licensee who is not more than 30 days delinquent
in renewing the license may renew the license upon payment to the Board of the
required fee plus a delinquent fee. If a licensee is more than 30 days
delinquent the license is automatically suspended upon 30 day notice given to
the licensee via certified mail, as required by ORS 683.120(2).
(6) If a person is more than 60 days in renewing the
license the person may be required to take an examination and pay the
examination fee as required in ORS 683.060. The Board may, upon written
application, waive the examination requirement when in its opinion it is in the
best interest of the public to do so.
(7) The annual fee for the renewal of a license to
practice optometry shall be $298. In addition to the optometry renewal fees,
the Board is required by ORS 431.972 to collect an annual $25 fee from each
optometry license renewal for the Electronic Prescription Drug Monitoring Fund.
The fees collected for the Electronic Prescription Monitoring Fund will be
remitted to the Department of Human Services as required by law.
(8) Any
licensee whose license renewal fee is postmarked after the first day of the
month of license expiration shall be subject to a late payment fee of $50. This
late payment fee must be received before the license will be issued.
(9) Any licensee whose CPR certification lapsed at any
time during the licensing period shall be subject to a fee of $50. This fee
must be received before the license will be issued.
Stat. Auth.: ORS 683 & 182
& 431
Stats. Implemented: ORS 683.070,
683.100, 683.120, 683.270, 182.466 & 431.972
Hist.: OE 2-1982, f. & ef.
3-18-82; OE 2-1984, f. & ef. 7-14-84; OP 1-1987, f. & ef. 4-30-87; OP
1-1988, f. & cert. ef. 6-28-88; OP 1-1989, f. 1-13-89, cert. ef. 1-16-89;
OP 2-1992, f. & cert. ef. 10-21-92; OP 3-1993, f. & cert. ef. 10-27-93;
OP 2-1997, f. & cert. ef. 10-1-97; OPT 3-1998, f. 6-10-98, cert. ef.
7-1-98; OPT 1-2001, f. 6-18-01, cert. ef. 7-1-01; OPT 1-2002, f. & cert.
ef. 7-26-02; OPT 1-2003, f. 6-12-03, cert. ef. 7-1-03; OPT 3-2005, f. 6-29-05,
cert. ef. 7-1-05; OPT 2-2006, f. 3-20-06, cert. ef. 4-1-06; OPT 3-2006, f.
3-20-06, cert. ef. 7-1-06; OPT 1-2007, f. 5-21-07, cert. ef. 7-1-07; OPT
3-2007, f. & cert. ef. 12-7-08; OPT 2-2009, f. & cert. ef. 12-11-09;
OPT 5-2011, f. 6-24-11, cert. ef. 7-1-11
Rule
Caption: Decrease late renewal fee for
Inactive License renewal; amend other language.
Adm.
Order No.: OPT 6-2011
Filed with Sec. of
State: 6-24-2011
Certified to be
Effective: 7-1-11
Notice Publication
Date: 5-1-2011
Rules Amended: 852-050-0012
Subject: 852-050-0012 — Decrease late renewal fee for
Inactive License renewal; amend other language.
Rules Coordinator: Kelly Paige—(503) 399-0662, ext. 23
852-050-0012
Inactive
Status License
(1) Eligible licensees may be granted an inactive
status license by petitioning the board by letter. If the licensee’s date of
birth is not available to the Board, a license renewal period will be
established for the licensee.
(2) Inactive licensees shall annually renew their
license to practice optometry for the license period established by the Board.
License year renewal periods are established by the Board based upon birth
dates of licensees in order that expiration dates fall due each month of the
year. License renewals will cover 12-month license periods based upon birth
dates.
(3) License renewal applications are due in the Board’s
office on the first day of the month of license expiration (month of licensee’s
birth date).
(4) The license renewal application must include the
following to be considered complete:
(a) A completed license renewal form signed by the
licensee;
(b) Check or money order for the correct license
renewal fees;
(5) The Board will, as a courtesy, send license year
renewal forms to inactive status licensee’s last address of record. The license
renewal application is due and must be postmarked on or before the first day of
the month of license expiration.
(6) A licensee who is not more than 30 days delinquent
in renewing the license may renew the license upon payment to the Board of the
required fee plus a delinquent fee. If a licensee is more than 30 days
delinquent the license is automatically suspended upon 30 day notice given to
the licensee.
(7) If a person is more than 60 days delinquent in
renewing the license the person may be required to take an examination and pay
the examination fee as required in ORS 683.060. The Board may, upon written
application, waive the examination requirement when in its opinion it is in the
best interest of the public to do so.
(8) The renewal fee for inactive status licensees shall
be $98.
(9) Any licensee whose license renewal fee is
postmarked after the first day of the month of license expiration shall be
subject to a late payment fee of $15. This late payment fee must be received
before the license will be issued.
(10) To reactivate a license to practice optometry in
Oregon an inactive status licensee shall meet the following prior to the first
day of practice in Oregon:
(a) Pay the difference between the inactive and active
status license renewal fees;
(b) Submit continuing education hour’s equivalent to
Oregon requirements for the previous licensing period;
(c) Submit documentation of current CPR certification,
as required in OAR 852-80-040, if licensed to use Nontopical TPA’s;
(d) Submit the inactive license certificate issued for
the current licensing period;
(e) Provide the Board’s office with the current
practice location in the State of Oregon;
(f) Submit written verification of good standing from
state(s) licensed. This verification shall contain a statement to indicate the
status of the licensee regarding past and/or present sanctioning or
investigations for sanctioning; and
(g) Pass the Oregon optometric law and administrative
rules examination if it has been more than two years since the person held an
active status license in Oregon.
(h) If the request for reactivation occurs within one
year from the date of being placed in inactive license status by the Board,
there will be a $100 reactivation fee in addition to the other conditions in
(a) through (f) above.
Stat. Auth.: ORS 683 & 182
Stats. Implemented: ORS 683.070,
683.100, 683.120, 683.270 & 182.466
Hist.: OE 2-1984, f. & ef.
7-14-84; OP 1-1987, f. & ef. 4-30-87; OP 2-1992, f. & cert. ef.
10-21-92; OP 3-1993, f. & cert. ef. 10-27-93; OP 2-1997, f. & cert. ef.
10-1-97; OPT 3-1998, f. 6-10-98, cert. ef. 7-1-98; OPT 1-2001, f. 6-18-01,
cert. ef. 7-1-01; OPT 1-2002, f. & cert. ef. 7-26-02; OPT 1-2003, f.
6-12-03, cert. ef. 7-1-03; OPT 2-2006, f. 3-20-06, cert. ef. 4-1-06; OPT
1-2007, f. 5-21-07, cert. ef. 7-1-07; OPT 6-2011, f. 6-24-11, cert. ef. 7-1-11
Rule
Caption: Implementation of criminal
records checks for new, renewing, reinstating, and reactivating licensees.
Adm.
Order No.: OPT 7-2011
Filed with Sec. of
State: 6-24-2011
Certified to be
Effective: 7-1-11
Notice Publication
Date: 5-1-2011
Rules Adopted: 852-050-0025
Subject: 852-050-0025 — Implementation of criminal
records checks for new, renewing, reinstating, and reactivating licensees.
Rules Coordinator: Kelly Paige—(503) 399-0662, ext. 23
852-050-0025
State Criminal Records Check and
Fitness Determination
(1) The purpose of these rules is to provide for the
reasonable screening of applicants and licensees in order to determine if they
have a history of criminal behavior such that they are not fit to be granted or
hold a license that is issued by the Board.
(2) These rules are to be applied when evaluating the
criminal history of an applicant or licensee and conducting fitness
determinations based upon such history. The fact that an applicant or licensee
has cleared the criminal history check does not guarantee the granting or
renewal of a license.
(3) The Board may require criminal history of all
applicants for an initial or renewal license as an optometrist; licensees
applying to reinstate or reactivate a lapsed license; and licensees under
investigation to determine the fitness of an applicant or licensee. This
information will be provided on prescribed forms made available by the Board.
The Board will submit information to the Oregon Department of State Police Law
Enforcement Data System to conduct an Oregon Criminal History Check.
(4) The Board determines whether an applicant or
licensee is fit to be granted a license based on the criminal records
background check, any false statements made by the applicant or licensee
regarding the criminal history of the individual, any refusal to submit or
consent to a criminal records check, and any other pertinent information
obtained as part of an investigation. If an applicant is determined to be
unfit, the applicant may not be granted a license. If a licensee is determined
to be unfit the licensee’s license may not be renewed, reactivated, or
reinstated. The Board may make a fitness determination conditional upon
applicant’s or licensee’s acceptance of probation, conditions, limitations, or
other restrictions upon licensure.
(5) Except as otherwise provided in section (2), in
making the fitness determination the Board considers:
(a) The nature of the crime;
(b) The facts that support the conviction or pending
indictment or that indicate the making of the false statement;
(c) The relevancy, if any, of the crime or the false
statement to the specific requirements of the applicant’s or licensee’s present
or proposed license; and (d) Intervening circumstances relevant to the
responsibilities and circumstances of the license. Intervening circumstances
include but are not limited to:
(A) The passage of time since the commission of the
crime;
(B) The age of the applicant or licensee at the time of
the crime;
(C) The likelihood of a repetition of offenses or of
the commission of another crime;
(D) The subsequent commission of another relevant
crime;
(E) Whether the conviction was set aside and the legal
effect of setting aside the conviction; and
(F) A recommendation of an employer.
(6) All requested background checks include Oregon
data. In some circumstances, national criminal data collection may be required.
(7) In order to conduct the Oregon Criminal History
Check and fitness determination, the Board may require additional information
from the licensee or applicant as necessary, such as but not limited to, proof
of identity; residential history; names used while living at each residence; or
additional criminal, judicial or other background information.
(8) Criminal offender information is confidential.
Dissemination of information received under ORS 181.534 is only to people with
a demonstrated and legitimate need to know the information. The information is
part of the investigation of an applicant or licensee and as such is
confidential pursuant to 676.175(1).
(9) The Board will permit the individual for whom a
background records check was conducted to inspect the individual’s own criminal
offender records and, if requested by the subject individual, provide the
individual with a copy of the individual’s own criminal offender records.
(10) The Board may consider any conviction of any
violation of the law for which the court could impose a punishment and which is
in compliance with ORS 670.280. The Board may also consider any arrests, court
records, or other information that may be indicative of an individual’s
inability to perform as a licensee with care and safety to the public.
(11) If an applicant or licensee is determined not to
be fit for a license, the applicant or licensee is entitled to a contested case
process pursuant to ORS 183.413-183.470. Challenges to the accuracy or
completeness of information provided by the Oregon Department of State Police,
Federal Bureau of Investigation and agencies reporting information must be made
through the Oregon Department of State Police, Federal Bureau of Investigation,
or reporting agency and not through the contested case process pursuant to ORS
183. If an individual successfully contests the accuracy or completeness of
information provided by the Oregon State Police, the FBI or other reporting
agency, the Board will conduct a new criminal history check upon submission of
a new request.
(12) If the applicant discontinues the application
process or fails to cooperate with the criminal history check process, the
application is considered incomplete.
Stat. Auth.: ORS 683, 182, 181,
676
Stat. Implemented: ORS 683.140;
683.270; 182.466; 181.534; 676.303
Hist.: OPT 7-2011, f. 6-24-11,
cert. ef. 7-1-11
Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.
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