71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
Senate Bill 45
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Joint Interim Committee on
Health and Human Services)
CHAPTER ................
AN ACT
Relating to practice of optometry; creating new provisions; and
amending ORS 683.010, 683.040, 683.060, 683.270 and 689.155.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 683.010 is amended to read:
683.010. 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 pharmaceutical agents for the treatment of diseases of
the human eye and the protocols for their usage adopted by the
Council on Optometric Nontopical Formulary under section 7 (2) of
this 2001 Act. + }
{ - (2) - } { + (3) + } 'Practice of optometry' means the
employment of any means other than { - the use of drugs, except
topically applied pharmaceutical agents - } { + invasive or
laser surgery, or the prescription of Schedule I and II drugs or
pharmaceutical agents that are not on the optometric nontopical
formulary, + } for diagnosis and treatment in the human eye, for
the measurement or assistance of the powers or range of human
vision or the determination of the accommodative and refractive
states of the human eye or the scope of its functions in general
or the adaptation of lenses or frames for the aid thereof,
subject to the limitations of ORS 683.040.
{ - (3) - } { + (4) + } 'Trial frames' or 'test lenses'
means any frame or lens used in testing the eye which is not sold
and not for sale.
SECTION 2. ORS 683.040 is amended to read:
683.040. (1) Every person desiring to commence the practice of
optometry in this state must show satisfactory evidence of
graduation from a school of optometry that is approved by the
Oregon Board of Optometry and that maintains a standard of four
school years of at least nine months each.
(2) Every person desiring to commence the practice of optometry
or employ the use of 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 to optometry, by an institution accredited by a
regional or professional accreditation organization that is
Enrolled Senate Bill 45 (SB 45-A) Page 1
approved by the board with particular emphasis on the
{ - topical - } application of pharmaceutical agents { - to
the eye - } for the purpose of diagnosis and treatment in the
human eye, approved by the board { - . - } { + ; and
(b) Demonstrate to the satisfaction of the board clinical
competency in the prescription of pharmaceutical agents listed on
the optometric nontopical formulary. + }
SECTION 3. ORS 683.060 is amended to read:
683.060. (1) Any person who has signified to the Oregon Board
of Optometry a desire to be examined by it and who has filed
proof that the person is qualified under ORS 683.010 to 683.335
and the rules of the board 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 of pharmaceutical
agents { - as used topically - } in optometry, in normal and
abnormal refractive and accommodative and muscular conditions and
coordination of the eye, in subjective and objective optometry,
including the fitting of glasses, the principles of lens grinding
and frame adjusting, and in such other subjects as pertain to the
science and practice of optometry, such subjects to be enumerated
in a publication by the board.
(2) The board may, in its discretion, require the certificate
of successful examination of the National Board of Examiners in
Optometry in one or more areas of the examination in lieu of its
examination in such areas.
(3) If an applicant fails to pass a second examination, the
board may permit additional examinations upon compliance by the
applicant with the law and the rules of the board.
(4) Any person who petitions the board to prescribe and
administer pharmaceutical agents who has not previously been
examined by the board on such use shall pass an examination on
the use and potential side effect of such agents as used in
optometry { + and shall demonstrate to the satisfaction of the
board clinical competency in the prescription of pharmaceutical
agents listed on the optometric nontopical formulary and
pharmaceutical agents approved by the board for topical use + }.
SECTION 4. ORS 683.270 is amended to read:
683.270. (1) The powers and duties of the Oregon Board of
Optometry are as follows:
(a) To organize and elect from its membership a president and
vice president of the board, each of whom shall hold office for
one year, or until the election and qualification of a successor.
(b) To adopt and use a common seal.
(c) To employ agents and inspectors to secure evidence of and
report on all violations of this chapter and to employ other
necessary assistance in the carrying out of the provisions of
this chapter, and to pay the same from the funds provided in ORS
683.010 to 683.335.
(d) To hold regular meetings at least once a year at which an
examination of applicants for licenses shall be held at such
places as the board shall from time to time designate, and
special meetings upon request of a majority of the members of the
board or upon the call of the president.
(e) To keep an accurate record of all proceedings of the board
and of all of its meetings, of all prosecutions for violations of
ORS 683.010 to 683.335, and of all examinations held for
applicants for licenses, with the names and addresses of all
persons taking examinations and their success or failure to pass
such examinations. All the records of the board shall be public
and shall be kept in the office of the board.
Enrolled Senate Bill 45 (SB 45-A) Page 2
(f) To keep an accurate inventory of all property of the board
and of the state in the possession of the board and to obtain a
receipt therefor from its successor.
(g) To keep a register of optometrists which shall contain the
names and addresses of all persons to whom licenses have been
issued in the State of Oregon, together with the date of the
issuance of the license and the place or places of business in
which each optometrist is engaged, and all renewals, revocations
and suspensions thereof.
(h) To grant or refuse to grant licenses as provided in ORS
683.010 to 683.335 and to impose any of the sanctions for any of
the causes specified in ORS 683.140.
(i) To administer oaths and take testimony upon granting and
revoking or suspending any certificate of registration or any
other certificate established by the board for the protection of
the public.
(j) To designate pharmaceutical agents for topical use in the
practice of optometry with the advice and guidance of the Board
of Medical Examiners for the State of Oregon.
(k) To adopt rules not inconsistent with the laws of this state
as are necessary or proper to carry out the lawful powers and
duties of the board, as may be necessary or proper to establish
license fees and license terms or duration, to determine the
qualifications of applicants for a license and of licensees to
practice optometry in this state, and to establish educational
and professional standards for such applicants, subject to the
laws of this state. If an applicant fails to pass a second
examination the board may adopt rules which may provide the
required courses of study before further examination.
{ - (2) Nothing in this section is intended to permit a
doctor of optometry to perform invasive or laser surgery, to use
or prescribe injectable or oral pharmaceutical agents, to use
pharmaceutical agents other than topical ocular pharmaceutical
agents or to use Schedule I and II controlled substances.
However, superficial foreign bodies may be removed from the eye
and its appendages. - }
{ - (3) - } { + (2) + } Optometrists utilizing
pharmaceutical agents { - for topical use - } shall be held to
the same standards of liability as persons licensed as physicians
to practice medicine and surgery by the Board of Medical
Examiners for the State of Oregon under ORS chapter 677.
{ - (4) - } { + (3) + } Prior to instituting treatment with
antiglaucoma medication, optometrists shall consult with an
ophthalmologist or other doctor of medicine or doctor of
osteopathy licensed under ORS chapter 677.
{ + (4) Notwithstanding ORS 683.010 (3), an optometrist may
remove superficial foreign bodies from the eye and its
appendages. + }
SECTION 5. ORS 689.155 is amended to read:
689.155. The State Board of Pharmacy shall also have the
following responsibilities in regard to medications, drugs,
devices and other materials used in this state in the diagnosis,
mitigation and treatment or prevention of injury, illness and
disease:
(1) The regulation of the sale at retail, the administering by
pharmacists to the extent provided in ORS 689.645 and 689.655 and
the dispensing of medications, drugs, devices and other materials
including the right to seize any such drugs, devices and other
materials found to be detrimental to the public health and
Enrolled Senate Bill 45 (SB 45-A) Page 3
welfare by the board after appropriate hearing as required under
ORS 183.310 to 183.550.
(2) The specifications of minimum professional and technical
equipment, environment, supplies and procedures for the
compounding, administering and dispensing of such medications,
drugs, devices and other materials within the practice of
pharmacy and any drug outlet.
(3) The control of the purity and quality of such medications,
drugs, devices and other materials within the practice of
pharmacy and any drug outlet.
(4) The issuance and renewal of certificates of registration of
drug outlets for purposes of ascertaining those persons engaged
in the manufacture and distribution of drugs, receiving and
collecting annual fees therefrom and suspending, revoking or
refusing to renew such registration in the manner provided in
this chapter.
(5) In conjunction with the regularly constituted law
enforcement agencies of this state, enforce all laws of the state
which pertain to the practice of pharmacy, the manufacture,
production, sale or distribution of drugs, chemicals and poisons,
and to their standard of strength and purity.
(6) Investigate all complaints of alleged violations of this
chapter and take necessary action as the board may require or
direct.
(7) Pursuant to ORS 183.310 to 183.550, make such rules as are
necessary and feasible for carrying out ORS 453.175, 453.185,
475.005, 475.135 and 475.185 and this chapter and make rules
relating to controlled substances, designated as such pursuant to
ORS 475.025 and 475.035.
(8) At all reasonable hours, in performance of the duties
imposed by this section, enter, or cause its authorized
representatives to enter upon, and examine the premises or
records required by law of any drug outlet under the jurisdiction
of the board.
(9) Assist the regularly constituted law enforcement agencies
of this state in enforcing ORS 453.005 to 453.135, 475.005 and
475.135 and this chapter by prosecution in the courts of this
state or otherwise.
(10) Cause to have made a regular inspection of all pharmacies.
(11) Pursuant to ORS 183.310 to 183.550, make such rules as are
necessary for pharmacies, drug manufacturers and wholesalers to
sell or otherwise lawfully distribute designated { - ,
diagnostic topical - } pharmaceutical agents to licensed
optometrists consistent with the provisions of ORS 683.010 to
683.335.
SECTION 6. { + Section 7 of this 2001 Act is added to and made
a part of ORS 683.010 to 683.310. + }
SECTION 7. { + (1)(a) The Council on Optometric Nontopical
Formulary is established and shall consist of seven members
appointed as follows:
(A) One member of the Oregon Board of Optometry appointed by
the Oregon Board of Optometry;
(B) One member who is a pharmacist licensed by the State Board
of Pharmacy or a person with an advanced degree in pharmacology
or pharmacognosy appointed by the State Board of Pharmacy;
(C) One member of the Board of Medical Examiners for the State
of Oregon appointed by the Board of Medical Examiners for the
State of Oregon;
Enrolled Senate Bill 45 (SB 45-A) Page 4
(D) One member of the faculty of the Oregon Health Sciences
University School of Medicine appointed by the Board of Medical
Examiners for the State of Oregon;
(E) One member who is a physician licensed under ORS chapter
677 appointed by the Board of Medical Examiners for the State of
Oregon after consideration of three qualified nominees provided
by the Oregon Academy of Ophthalmology;
(F) One member who is a practicing optometrist appointed by the
Oregon Board of Optometry after consideration of three qualified
nominees from the Oregon Optometric Physicians Association; and
(G) One member with a degree in optometry or ophthalmology who
is a member of the faculty at a college of optometry appointed by
the Oregon Board of Optometry.
(b)(A) The chair of the council shall be elected by a majority
of the members.
(B) The term of office of each member of the council shall be
two years. A member shall serve until a successor is appointed.
If a vacancy occurs, it shall be filled for the unexpired term by
a person with the same qualifications as the vacating member.
(C) Any member of the council who fails to attend two
consecutive meetings of the council, whether regular or special,
shall forfeit office unless the council member is prevented from
attending by serious illness of the member or of a member of the
council member's family.
(D) Meetings of the council shall be called at the request of
the chair or at the request of two or more members of the
council.
(E) Members of the council shall shall serve without
compensation.
(2) After public hearings, the council shall determine the
substances to be included in the optometric nontopical formulary
that may be used by an optometrist under ORS 683.010 (3). The
council shall review the formulary periodically. Immediately upon
adoption or revision of the formulary, the council shall transmit
the approved formulary to the Oregon Board of Optometry. The
board shall adopt the formulary or a portion of the formulary. If
the council approves protocols for the use of a nontopical
pharmaceutical agent and the board adopts the portion of the
formulary listing that agent, the board must also adopt those
protocols. The board may not expand or add to the formulary
submitted for adoption in any manner. + }
SECTION 8. { + Notwithstanding the term of office specified in
section 7 of this 2001 Act, of the members first appointed to
serve on the Council on Optometric Nontopical Formulary, three
members shall serve for terms ending on July 1, 2002. These
members shall be selected by lot from all members of the council
at the first meeting of the council. + }
SECTION 9. { + The initial optometric nontopical formulary
developed under section 7 of this 2001 Act shall be transmitted
to the Oregon Board of Optometry by July 1, 2002. + }
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Enrolled Senate Bill 45 (SB 45-A) Page 5
Passed by Senate May 10, 2001
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House May 31, 2001
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Speaker of House
Enrolled Senate Bill 45 (SB 45-A) Page 6
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled Senate Bill 45 (SB 45-A) Page 7