Chapter 379 Oregon Laws 2005

AN ACT

HB 2099

Relating to authority of Oregon Board of Optometry; creating new provisions; and amending ORS 683.140, 683.170 and 683.990.

Be It Enacted by the People of the State of Oregon:

SECTION 1. The Attorney General, the prosecuting attorney of any county or the Oregon Board of Optometry, in its own name, may maintain an action for an injunction against any person violating any provision of ORS 683.020, 683.180 or 683.190. An injunction may be issued without proof of actual damage sustained by any person. An injunction does not relieve a person from criminal prosecution for violation of any provision of ORS 683.020, 683.180 or 683.190 or from any other civil, criminal or disciplinary remedy.

SECTION 2. Section 1 of this 2005 Act is added to and made a part of ORS 683.010 to 683.335.

SECTION 3. ORS 683.140 is amended to read:

683.140. (1) The Oregon Board of Optometry may discipline as provided in this section [suspend or revoke the license of any optometrist, impose probation, limit the practice of any optometrist, or impose a civil penalty not to exceed $1,000 for each offense upon] any optometrist or person, where appropriate, for the following causes:

[(1)] (a) Conviction of a felony or misdemeanor where such an offense bears a demonstrable relationship to the duties of an optometrist. The record of conviction, or a certified copy thereof certified by the clerk of the court or by the judge in whose court the conviction is had, shall be conclusive evidence of such conviction.

[(2)] (b) Securing a license by practicing fraud or deceit upon the board.

[(3)] (c) Unprofessional conduct, or for gross ignorance or inefficiency in the profession.

[(4)] (d) Obtaining any fee by fraud or misrepresentation.

[(5)] (e) Employing directly or indirectly any suspended or unlicensed optometrist to perform any work covered by ORS 683.010 to 683.335.

[(6)] (f) Advertising optometric services or treatment or advice in which untruthful, improbable, misleading[, deceiving or impossible] or deceitful statements are made.

[(7)] (g) Habitual or excessive use of intoxicants, drugs or controlled substances.

[(8)] (h) Permitting another person to use the optometrist’s license.

[(9)] (i) Using advertisements that do not indicate that a licensed optometrist is practicing at the advertised location or locations or [advertise] advertising optometric services without having a licensed optometrist at the location or locations.

[(10)] (j) Advertising professional methods or professional superiority.

[(11)] (k) [Failure] 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, or without following accepted procedures for examination of patients or for record keeping.

(n) Failing to report to the board any adverse action taken against the optometrist or person by another licensing jurisdiction, health regulatory board, peer review body, health care institution, professional optometric society or association, governmental agency, law enforcement agency or court for acts similar to conduct that would constitute grounds for disciplinary action as described in this section.

(o) Having been disciplined by any health regulatory board of another state based on acts similar to acts described in this section. A certified copy of the record of disciplinary action of the health regulatory board taking the disciplinary action is considered conclusive evidence of the action.

[(12)] (p) Any violation of the provisions of ORS 683.010 to 683.335.

(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 the following:

(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 a civil penalty or assessment of a civil penalty not to exceed $10,000 for each violation, or both.

SECTION 4. ORS 683.170 is amended to read:

683.170. Any disciplinary sanction, other than civil penalty, imposed for any of the causes listed in ORS 683.140, except those specified in ORS 683.140 [(1) and (2)] (1)(a) and (b), may be set aside upon application of the affected person at any time within six months from the date of such sanction upon proof being made to the satisfaction of the Oregon Board of Optometry that the cause no longer exists and that the applicant has been sufficiently punished. However, before setting aside the revocation of any license the board may, in its discretion, require the applicant to pass the regular examination given for applicants.

SECTION 5. ORS 683.990 is amended to read:

683.990. Violation of any of the provisions of ORS 683.010 to 683.335 is [punishable, upon conviction, by a fine of not less than $100 nor more than $500, or by imprisonment in the county jail for not less than one month nor more than three months for the first offense, and for the second offense by a fine of not less than $500 nor more than $1,000, or by imprisonment in the county jail for not less than six months nor more than one year] a Class A misdemeanor.

Approved by the Governor June 29, 2005

Filed in the office of Secretary of State June 29, 2005

Effective date January 1, 2006

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