Notice of Proposed Rule
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 mailing 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 mailing a copy of the notice to:
(a) Oregon Optometric Physicians Association; and
(b) Capitol Press Room.
(5) By posting the notice of rulemaking along with the proposed administrative rule text on the Board’s website.
Stat. Auth.: ORS
182, 183 & 683
Stats. Implemented: ORS 183.341(4) & 182.466
Hist.: OE 24, f. 1-19-76, ef. 1-20-76; OE 3-1982, f. & ef. 3-25-82; OP 3-1994, f. & cert. ef. 10-11-94; OPT 1-2004, f. & cert. ef. 3-8-04; OPT 3-2007, f. & cert. ef. 12-7-08; OPT 1-2013, f. & cert. ef. 1-3-13
As used in this division:
(1) “Appurtenances” means an accessory or auxiliary device to ophthalmic frames.
(2) “Bandage contact lens” means a continuous-wear soft contact lens used as a therapeutic bandage.
(3) “Base of operations” is the practice location from which the optometric physician utilizes a mobile facility or a portable unit.
(4) “Board” means the Oregon Board of Optometry.
(5) “Contact lens” means a lens designed to fit over the cornea of the eye.
(6) “Firm” means an individual or firm technically and financially qualified to perform certain types of work classified as personal services.
(7) “Lapsed” means license is no longer valid because of failure to renew in a timely manner.
(8) “Lenses” means pieces of glass or other transparent substances that have two opposite surfaces that are used singly or in combination to aid the human eye in focusing rays of light. These devices are not “contact lenses,” which are designed to fit directly on the surface of the eye (cornea).
(9) “Mobile facility” is a vehicle that is equipped to render optometric services where an optometric physician examines or treats patients inside the vehicle.
(10) “Ophthalmic contact lens” means a contact lens with or without refractive power, including a plano lens or a cosmetic lens.
(11) “Optometric physician” means a person who is licensed to practice optometry in the state of Oregon, and is synonymous with “doctor of optometry” and “optometrist.”
(12) “Patient” means a person who receives optometric attention, care, or treatment by an optometric physician or an assistant under the direct supervision of an optometrist.
(13) “Portable unit” means optometric equipment the optometric physician transports to a fixed location (e.g., nursing home, assisted living facility, private residence) to render services to the patient.
(14) “Practice location” is a physical site or mobile facility where an optometric physician provides services.
(15) “Prescription” means the written prescription, which an optometric physician must immediately release to the patient at the time the doctor would provide spectacles or contact lenses without additional examination.
(16) “Spectacles” means ophthalmic frames and lenses.
(17) “Therapeutic contact lens” means a contact lens that contains a topical therapeutic pharmaceutical agent listed in Division 80.
Stat. Auth.: ORS
182 & 683
Stats. Implemented: ORS 182.466, 683.010 & 683.335
Hist.: OP 1-1987, f. & ef. 4-30-87; OP 1-1991, f. & cert. ef. 4-12-91; OP 1-1992(Temp), f. & cert. ef. 5-6-92; OP 2-1992, f. & cert. ef. 10-21-92; OP 4-1994, f. & cert. ef. 10-11-94; OPT 1-2004, f. & cert. ef. 3-8-04; OPT 3-2007, f. & cert. ef. 12-7-08; OPT 1-2008, f. 6-25-08, cert. ef. 7-1-08; OPT 1-2013, f. & cert. ef. 1-3-13