OR Optometry Jurisprudence flashcards

35 cards. Read the term and the definition here. The deck at the top of this page is optional.

Practice of optometry defined

ORS 683.010 defines optometry as examining eyes for defects or abnormal conditions, prescribing and adapting lenses or optical aids, and providing related services; this definition sets the outer boundary of lawful practice.

License required to practice

A person may not practice or offer to practice optometry in Oregon without a valid license issued by the Oregon Board of Optometry; practicing without one is unlicensed practice.

Statutory disciplinary grounds

ORS 683 grounds include fraud in obtaining a license, unprofessional or dishonorable conduct, habitual intoxication or drug misuse, and practicing beyond authorized scope; each independently supports Board action.

Board sanction authority

The Board may revoke, suspend, place on probation, limit, reprimand, and impose civil penalties, and may assess costs of disciplinary proceedings against the licensee.

Expanded pharmaceutical authority

Optometrists may use pharmaceutical agents and perform procedures only as authorized by statute and Board rule; the Board may require additional certification or training before expanded authority applies.

Duty to cooperate with Board

Licensees must respond to Board inquiries and produce records on request; failure to cooperate is itself a ground for discipline separate from the underlying allegation.

Renewal timing rule

Licenses must be renewed before expiration; practicing after expiration is unlicensed practice and cannot be cured retroactively by later renewal or payment of a late fee.

Continuing education requirement

The Board sets the number of CE credit hours required each renewal cycle and the acceptable categories; completion must be documented and producible on audit.

CE attestation as representation

Renewing with a false CE attestation is a misrepresentation to the Board and supports discipline even if the licensee's clinical care was fully competent.

Address of record notices

Licensees must keep current contact information with the Board; notices sent to the address of record are effective even if the licensee did not actually read them.

Inactive license status

Inactive or retired status relieves active-practice requirements but bars practice until reactivation requirements set by Board rule are satisfied and the license is restored.

Record content standard

Records must be legible, contemporaneous, dated, authenticated, and complete enough for another clinician to continue care, including history, findings, diagnoses, plan, medications, and follow-up.

Informed consent elements

Valid informed consent requires disclosure of the condition, the nature and risks of proposed treatment, alternatives including no treatment, and a reasonable chance to ask questions.

Patient abandonment

Abandonment is unilateral termination of the professional relationship without reasonable notice, without records or transition, or without time for the patient to secure another provider.

Proper termination steps

A defensible termination includes written notice, a reasonable transition period, provision of records or a summary, and continued availability for urgent problems during the transition.

Co-management allocation

Co-management requires a documented allocation of responsibility between the optometrist and the collaborating physician or surgeon, communicated to the patient and recorded in the chart.

Duty to refer

An optometrist must refer promptly when a condition exceeds their competence or authorized scope; failure to refer is both a standard-of-care and a scope violation.

Controlled substance registration

Prescribing controlled substances requires a valid DEA registration in addition to state optometric authority; a state license alone does not authorize controlled-substance prescribing.

Prescription required elements

A prescription must include prescriber identification, DEA number where applicable, patient identification, drug, strength, quantity, directions, and date of issue.

PDMP check requirement

Oregon law requires checking the prescription drug monitoring program before prescribing certain controlled substances; the check should be documented in the patient record.

Self-prescribing prohibition

Prescribing to oneself, family, or friends outside a documented practitioner-patient relationship is prohibited or sharply restricted and is a frequent disciplinary trigger.

Medication documentation

Records for prescribed medications should show the indication, dose, duration, monitoring plan, and any adverse effects or lack of response noted at follow-up.

Prescription forgery and diversion

Forging, altering, or diverting prescriptions, including self-prescribing controlled substances, is unprofessional conduct and may also constitute criminal conduct.

Truthful advertising rule

Advertising must be truthful and not misleading; claims of specialty, superiority, or guaranteed outcomes require substantiation and may constitute false or deceptive advertising.

Fee splitting prohibition

Paying or receiving compensation for patient referrals that is not based on actual services rendered is prohibited; percentage-of-referral arrangements are the classic violation.

Kickback and inducement ban

Offering or accepting kickbacks, gifts, or inducements for referrals violates professional conduct rules and may also implicate federal and state anti-kickback statutes.

Unprofessional conduct scope

Unprofessional conduct includes dishonesty, incompetence, impaired practice, breach of patient confidences, false billing, and failure to cooperate with a Board investigation.

Impaired practice ground

Practicing while impaired by alcohol, drugs, or a condition compromising judgment is a disciplinary ground and an immediate patient-safety matter supporting emergency action.

Mandatory reporting duty

Oregon law requires or permits licensees, facilities, and employers to report to the Board a licensee who is impaired or incompetent, triggering evaluation and possible monitoring.

HIPAA minimum necessary

HIPAA requires reasonable safeguards and limits disclosures to the minimum necessary, with written authorization needed for uses outside treatment, payment, and health care operations.

State privacy overlays

Oregon law adds stricter protections for certain categories such as mental health, HIV, and genetic information, which override more permissive HIPAA disclosures.

Contested case hearing rights

Under the Administrative Procedures Act the licensee may receive notice of charges, present evidence and witnesses, cross-examine, and be represented by counsel at hearing.

Stipulated order resolution

Many Board matters resolve by stipulated order in which the licensee accepts findings and sanctions without an evidentiary hearing, waiving the contested case proceeding.

Judicial review standard

An adverse final Board order may be appealed to the Oregon Court of Appeals on the record, with factual findings reviewed for substantial evidence.

Emergency suspension

The Board may impose an interim or emergency suspension where continued practice poses immediate public risk, with a prompt post-deprivation hearing opportunity.