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Oregon Bulletin

August 1, 2011

 

Board of Optometry
Chapter 852

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.

2.) Copyright 2011 Oregon Secretary of State: Terms and Conditions of Use

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