683.140 Grounds for and nature of discipline; civil penalties
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683.140 Grounds for and nature of discipline; civil penalties.
(1)The Oregon Board of Optometry may discipline as provided in this section any optometrist or person, where appropriate, for the following causes:
(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.
(b)Securing a license by practicing fraud or deceit upon the board.
(c)Unprofessional conduct, or for gross ignorance or inefficiency in the profession.
(d)Obtaining any fee by fraud or misrepresentation.
(e)Employing directly or indirectly any suspended or unlicensed optometrist to perform any work covered by ORS 683.010 to 683.340.
(f)Advertising optometric services or treatment or advice in which untruthful, improbable, misleading or deceitful statements are made.
(g)Impairment as defined in ORS 676.303.
(h)Permitting another person to use the optometrist’s license.
(i)Using advertisements that do not indicate that a licensed optometrist is practicing at the advertised location or locations or advertising optometric services without having a licensed optometrist at the location or locations.
(j)Advertising professional methods or professional superiority.
(k)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.
(p)Any violation of the provisions of ORS 683.010 to 683.340.
(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. [Amended by 1971 c.102 §7; 1973 c.69 §6; 1979 c.142 §3; 1985 c.103 §5; 1987 c.443 §6; 2005 c.379 §3; 2009 c.756 §46]