Oregon Revised Statutes

Chapter 683 — Optometrists; Opticians

45 sections

683.010 Definitions for ORS 683.010 to 683.310

As used in ORS 683.010 to 683.310, unless the context requires otherwise: “Licensed optometrist” means an optometrist licensed under ORS 683.010 to 683.340. “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 Optometri…

683.020 License required to practice optometry; exception

Except as provided in ORS 676.347, a person may not engage in the practice of optometry or purport in any way to be an optometrist or an expert in the field of optometry without having first obtained a license from the Oregon Board of Optometry as provided for in ORS 683.010 to 683.340. In any prosecution for the violation of this section, the use of test ca…

683.030 Persons and practices not affected

ORS 683.010 to 683.340 may not be construed: To prevent any person duly licensed to practice medicine and surgery from treating or fitting glasses to the human eye; To prohibit the sale of complete ready-to-wear eye glasses as merchandise from a permanent place of business in good faith and not in evasion of ORS 683.010 to 683.340 by any person not purport…

683.035 Discrimination against optometrists prohibited

No official, board, commission or other agency of the state or of any of its political subdivisions or municipalities shall discriminate between duly licensed optometrists and any other person authorized by law to render professional services which a duly licensed optometrist may render, when such services are required. Such services shall be paid for in the…

683.040 Qualifications of applicants

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. Every person desiring to commence the practice of optometry or employ the use of …

683.050 [Repealed by 1977 c.842 §39 and 1983 c.241 §1]

683.060 Examination of applicants; fee

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 683.340 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 …

683.070 Issuance of certificates of licensure; fee

Each applicant, without discrimination, who meets the requirements for examination and licensure and who pays the fee shall be issued a certificate of licensure. The certificate of licensure shall continue in force for the period established by the Oregon Board of Optometry.

683.080 Validity of certificates issued under former law

Any person holding an unrevoked certificate issued under chapter 139, Oregon Laws 1905, as amended, shall be entitled to continue the practice of optometry as though it were issued under ORS 683.010 to 683.340 and such certificate shall be subject to renewal, revocation and suspension the same as though it has been issued under ORS 683.010 to 683.340.

683.090 [Repealed by 1971 c.102 §11]

683.100 Notice to board of place of practice; responsibility for advertisements; notice given by board

Before engaging in the practice of optometry each optometrist shall notify the Oregon Board of Optometry in writing of the address of the place or places where the optometrist is to engage or intends to engage in the practice of optometry and the optometrist also shall notify the board of any change in place of practice. Each optometrist is responsible for a…

683.110 Optometrist to give receipt when practicing away from regular place of business

Any optometrist who temporarily practices optometry outside or away from the regular registered place of business shall deliver to each customer or person there fitted or supplied with glasses a receipt which shall contain the signature and show the permanent registered place of business and the number of the license of the optometrist, together with a speci…

683.120 License renewal; fee; effect of failure to renew license

Each optometrist who practices in this state shall on the date established by the Oregon Board of Optometry pay a license fee, as determined by the board, for a renewal of the license of the optometrist and shall have such license conspicuously posted in the office of the optometrist or place of business at all times. Each optometrist who is retired, has a d…

683.130 Clinics and instructors connected with educational institutions

Any university or college of optometry in Oregon, which is recognized and approved by the Oregon Board of Optometry, may operate a clinic in conjunction therewith. Any optometrist licensed in another state, while a professor or instructor in such a college, may sign optometric prescriptions on behalf of the clinic, but not otherwise. Any optometrist licensed…

683.140 Grounds for and nature of discipline; civil penalties

The Oregon Board of Optometry may discipline as provided in this section any optometrist or person, where appropriate, for the following causes: 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 cou…

683.150 [Repealed by 1971 c.734 §21]

683.155 Hearing

Where the Oregon Board of Optometry proposes to refuse to issue a license, or proposes, where written charges have been filed with the board which the board considers sufficient to warrant a hearing, to impose any disciplinary sanction or civil penalty under ORS 683.140, opportunity for hearing shall be accorded as provided in ORS chapter 183. Judicial revi…

683.160 [Repealed by 1971 c.734 §21]

683.165 Confidential information; liability of person providing information

Any information that the Oregon Board of Optometry obtains under ORS 683.140 is confidential as provided under ORS 676.175. Any person who in good faith provides information to the board shall not be subject to an action for civil damages as a result thereof.

683.170 Sanction may be set aside by board

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)(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 th…

683.180 Prohibited acts and practices

A person may not: Sell or barter, or offer to sell or barter, any license issued by the Oregon Board of Optometry. Purchase or procure by barter any such license with intent to use it as evidence of the holder’s qualification to practice optometry. Alter the license with fraudulent intent in any material regard. Use or attempt to use any such license whi…

683.190 Acceptance of lens for duplication by unlicensed person prohibited; exception

No person other than a licensed optometrist shall accept or offer to accept for purposes of duplication any ophthalmic lens ordinarily used before the human eye for corrective purposes or for assisting vision. Notwithstanding subsection (1) of this section, any manufacturing, surfacing or dispensing optician may grind any such lens in conformity with the si…

683.200 Standards of liability; removal of foreign bodies from eye; treatment with antiglaucoma medication

Optometrists utilizing pharmaceutical agents shall be held to the same standards of liability as persons licensed as physicians to practice medicine and surgery by the Oregon Medical Board under ORS chapter 677. Notwithstanding ORS 683.010 (3), an optometrist may remove superficial foreign bodies from the eye and its appendages. An optometrist treating a p…

683.210 Continuing education requirement; fee; rules

All optometrists licensed in the State of Oregon are and shall be required to satisfactorily complete courses of study and satisfactorily continue their education by other means as determined by the Oregon Board of Optometry in subjects relating to the practice of the profession of optometry. The study and continued education shall be for the purpose of main…

683.220 Licensing of applicant holding license in another state

The Oregon Board of Optometry may grant to an applicant a license by endorsement for the practice of optometry in the State of Oregon if the applicant: Holds a license for the practice of optometry obtained by examination in another state of the United States. Any discipline or sanction related to the practice of optometry imposed upon the applicant by any …

683.230 Practice of telemedicine; requirements; rules

As used in this section: “Eye examination” means an assessment of a patient’s ocular health and visual status, including but not limited to objective refractive data or information generated by an automated testing device, such as an autorefractor, that is used to establish a medical diagnosis or to determine a refractive error. “Optometric clinical health…

683.240 Council on Optometric Nontopical Formulary; membership; duties; formulary and protocols

The Council on Optometric Nontopical Formulary is established and shall consist of seven members appointed as follows: One member of the Oregon Board of Optometry appointed by the Oregon Board of Optometry; 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 b…

683.250 Oregon Board of Optometry; qualification and terms of members; quorum

The Oregon Board of Optometry operates as a semi-independent state agency subject to ORS 182.456 to 182.472, for the purpose of carrying out this chapter. The board consists of five members appointed by the Governor and subject to confirmation by the Senate in the manner provided in ORS 171.562 and 171.565. All members of the board must be residents of this …

683.260 Persons ineligible for membership on board

A person may not be a member of the Oregon Board of Optometry if the person is a stockholder in, or owner of, or a member of the faculty of or of the board of trustees of any school of optometry. A member of the board may not be financially interested in any purchase or contract in which the board is interested. A member of the board may not be financially …

683.270 Powers and duties of board; rules

The powers and duties of the Oregon Board of Optometry are as follows: 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. To adopt and use a common seal. To employ agents and inspectors to secure evidence of and report o…

683.275 [1967 c.22 §4; 1969 c.314 §84; 1985 c.103 §10; repealed by 1997 c.643 §34]

683.278 Continuing authority of board upon lapse, suspension, revocation or voluntary surrender of license

The lapse, suspension or revocation of a license by operation of law, by order of the Oregon Board of Optometry or by decision of a court of law, or the voluntary surrender of a license by a licensee, shall not deprive the board of jurisdiction to proceed with any investigation of or any action or disciplinary proceeding against the licensee, or to revise or…

683.280 [Amended by 1973 c.829 §66; 1985 c.103 §11; repealed by 1997 c.643 §34]

683.290 Disposition of receipts

All moneys received by the Oregon Board of Optometry under ORS 683.010 to 683.340 shall be deposited into an account established by the board as provided under ORS 182.470. Moneys deposited into the account hereby are appropriated continuously to the board and shall be used only for the administration and enforcement of ORS 182.456 to 182.472, 676.850 and 68…

683.300 [Repealed by 1971 c.743 §432]

683.310 Professional corporation regulation not required

ORS 58.345 does not apply to professional corporations engaged in the practice of optometry. (Enforcement)

683.325 Investigation of complaints and alleged violations; subpoenas

Upon the complaint of any citizen of this state, or upon its own motion, the Oregon Board of Optometry may investigate any alleged violation of ORS 683.010 to 683.340. In the conduct of investigations, the board may: Take evidence; Take the depositions of witnesses, including the person charged, in the manner provided by law in civil cases; Compel the ap…

683.330 Injunction for violation

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…

683.335 Report of suspected violation; confidentiality of complaints; liability of complainant

Any health care facility required to be licensed under ORS 441.015 and any licensed optometrist shall and any other person may report suspected violations of ORS 683.010 to 683.155 and 683.170 to 683.290 by optometrists. Any information provided to the board pursuant to this section is confidential and shall not be subject to public disclosure. Any health …

683.340 Duty to report prohibited conduct

Unless state or federal laws relating to confidentiality or the protection of health information prohibit disclosure, an optometrist who has reasonable cause to believe that a licensee of another board has engaged in prohibited conduct as defined in ORS 676.150 shall report the prohibited conduct in the manner provided in ORS 676.150. OPTICIANS

683.510 Definitions for ORS 683.520 to 683.530

As used in ORS 683.520 to 683.530, “dispensing optician” means a person who prepares and dispenses lenses, eyeglasses and appurtenances thereto to the intended wearers thereof on written prescriptions from a physician licensed under ORS chapter 677 or an optometrist and, in accordance with such prescriptions, measures, adapts, adjusts and fabricates such len…

683.520 Scope of practice of optician

Any dispensing optician may fabricate any ophthalmic lens in conformity with the signed prescription, or oral instruction followed by a written prescription, of any optometrist or person duly licensed to practice medicine in this state. Any dispensing optician may supply any ophthalmic lens in conformity with the prescription and the specified expiration dat…

683.525 Acceptance of lens for duplication

Notwithstanding ORS 683.190, a dispensing optician may accept or offer to accept for purposes of duplication any ophthalmic lens, excluding any contact lens, when the optician is presented with a whole lens by the person requesting the duplicate lens.

683.530 Discrimination against opticians prohibited

No official, board, commission or other agency of this state or any political subdivision or municipality in the state shall discriminate between dispensing opticians and any other persons authorized by law to render professional services that a dispensing optician may render, when such services are required. Such services shall be paid for in the same manne…

683.990 Penalties

Violation of any of the provisions of ORS 683.010 to 683.340 is a Class A misdemeanor. _______________