69th OREGON LEGISLATIVE ASSEMBLY--1997 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2828
House Bill 3116
Sponsored by Representative SHIELDS; Representatives CORCORAN,
DEVLIN, EIGHMEY, JOHNSTON, JOSI, ROSS, TAYLOR (at the request
of Opticians Association of Oregon)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Creates licensing requirement for dispensing opticians.
Imposes civil penalty. Creates Oregon Board of Opticianry.
Specifies duties and membership of board.
A BILL FOR AN ACT
Relating to dispensing opticians; creating new provisions;
amending ORS 683.510; and appropriating money.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 683.510 is amended to read:
683.510. As used in ORS { - 683.520 - } { + 683.510 + } to
683.530 { + : + } { - , - }
{ + (1) 'Board' means the Oregon Board of Opticianry.
(2) + } 'Dispensing optician' means a person who prepares and
dispenses lenses, { + spectacles, + } eyeglasses and
appurtenances thereto to the intended wearers thereof on written
prescriptions from { - a physician licensed under ORS chapter
677 or an optometrist - } { + physicians or optometrists + }
and, in accordance with such prescriptions, measures, adapts,
adjusts and fabricates such lenses, { + spectacles, + }
eyeglasses and appurtenances { + to the human face or eye + }
for the aid or correction of visual or ocular anomalies of the
human eye.
{ + (3) 'Division' means the Health Division of the
Department of Human Resources.
(4) 'Prescription' means a written direction from a physician
or optometrist for therapeutic or corrective lenses. A
prescription consists of the refractive power and, when
necessary, the vertex distance, cylinder axis and prism.
(5) 'Supervision' means direction and control through personal
inspection and evaluation of work, and consultation and
instruction as may be needed at the discretion of the dispensing
optician. + }
SECTION 2. { + Sections 3 to 13 of this Act are added to and
made a part of ORS 683.510 to 683.530. + }
SECTION 3. { + (1) On and after July 1, 1998, no person may
practice or attempt to practice as a dispensing optician or use
in connection with the name of the person the words or letters
representing the person as a dispensing optician without a
license issued by the Oregon Board of Opticianry.
(2) Subsection (1) of this section shall not be construed to
prohibit any of the following:
(a) A person duly licensed to practice medicine and surgery or
any licensed optometrist from fitting corrective optical lenses
to the human eye.
(b) The sale in good faith of complete ready-to-wear eyeglasses
as merchandise from a permanent place of business.
(c) The activities of any person supervised by a licensed
dispensing optician while in training in accordance with section
4 of this 1997 Act. + }
SECTION 4. { + (1) Any person wishing to obtain a license to
practice as a dispensing optician shall apply in writing to the
Oregon Board of Opticianry upon the form and in the manner
provided by the board. Each application shall include or be
accompanied by evidence, under oath or affirmation and
satisfactory to the board, that the applicant possesses the
qualifications required in this section.
(2) The Oregon Board of Opticianry shall grant a license as a
dispensing optician if the applicant has:
(a) Filed an application and paid the application fee as
established by the board;
(b) Acquired either of the following:
(A) An associate degree or higher in optical technology from an
accredited college or university in the United States whose
optical technology program is approved by the Oregon Board of
Opticianry; or
(B) Three years of training under a dispensing optician; and
(c) Passed a written spectacles dispensing examination if the
person wishes to practice as a spectacles dispensing optician or
passed a contact lens dispensing examination if the person wishes
to practice as a contact lens dispensing optician. These
examinations shall be:
(A) Prescribed by the board;
(B) Designed to measure specific job performance requirements;
(C) Professionally constructed and validated;
(D) Objectively administered and scored; and
(E) Given at least once every six months at sites that are
accessible to applicants on dates that are publicly announced at
least 90 days in advance of the administration dates. Each
applicant shall receive an examination score and a performance
profile by subject matter area within a reasonable time after
taking an examination.
(3) A person who fails the examination in subsection (2)(c) of
this section after three years of training under subsection
(2)(b)(B) of this section may work under the supervision of the
dispensing optician for an additional six months, but the person
must pass the examination to continue working beyond the
six-month period.
(4) The Oregon Board of Opticianry may waive the examination
required in subsection (2)(c) of this section and grant a license
to an applicant for a license as a dispensing optician if the
applicant:
(a) Presents evidence satisfactory to the board that the
applicant holds a current license as a dispensing optician, or
the equivalent license as determined by the board, in another
state or territory of the United States if the requirements for
licensure as a dispensing optician or equivalent license in the
state or territory in which the applicant is licensed are not
less than those required by ORS 683.510 to 683.530;
(b) Meets the certification requirements of the American Board
of Opticianry; or
(c) Meets the certification requirements of the National
Contact Lens Examiners.
(5)(a) The Oregon Board of Opticianry may temporarily waive the
written examination for a person who demonstrates experience in
ophthalmic dispensing. The person must file an application with
the board for a temporary waiver of the examination requirement
within one year after the effective date of this 1997 Act.
However, the person is required to pass the written examination
before the first renewal of the license.
(b) In the case of a spectacles dispenser, the application
described in subsection (5)(a) of this section shall be
accompanied by evidence satisfactory to the board that the
applicant has been engaged in ophthalmic dispensing for more than
one year.
(c) In the case of a contact lens dispenser, the application
described in subsection (5)(a) of this section shall be
accompanied by two affidavits from licensed physicians or
optometrists stating that the applicant has demonstrated by
experience over a period of not less than two years the
applicant's ability to fit contact lenses. + }
SECTION 5. { + (1) The Oregon Board of Opticianry shall issue
a license to each person who meets the requirements in section 4
of this 1997 Act. The license shall expire two years from the
date of issuance. Each licensed dispensing optician shall apply
to the board for a renewal of the license at least 30 days before
the expiration date. Each applicant for renewal shall submit the
required fee and present evidence of the completion of continuing
education as shall be established by the board.
(2) Any license that is not renewed by the expiration date
shall be suspended. The board may reinstate a suspended license
upon payment of a nonrefundable penalty fee and all past unpaid
renewal fees. A license that has been suspended because of
nonpayment of fees for a period of two years or more shall be
renewed upon reapplication and payment of all applicable fees.
(3) The fees and charges established under this section shall
not exceed the cost of administering the regulatory program for
which the fee or charge is established. + }
SECTION 6. { + (1) There is established an Oregon Board of
Opticianry within the Health Division. The board shall consist of
seven members appointed by the Assistant Director for Health, of
which:
(a) One is a member of the general public;
(b) Three are licensed spectacles dispensers; and
(c) Three are licensed contact lens dispensers.
(2) Members of the board shall be appointed for three-year
terms commencing October 1 and are eligible for reappointment,
but none shall serve more than two consecutive terms.
(3) Members of the board are entitled to compensation and
expenses as provided in ORS 292.495. + }
SECTION 7. { + Notwithstanding the terms of office specified
by section 6 of this 1997 Act, of the members first appointed to
the Oregon Board of Opticianry:
(1) Three shall serve for a term beginning January 1, 1998, and
ending September 30, 2000.
(2) Four shall serve for a term beginning January 1, 1998, and
ending September 30, 2001. + }
SECTION 8. { + (1) The Oregon Board of Opticianry shall hold
at least two regular meetings each year as provided by rules
adopted by the board.
(2) The board shall keep a record of all its proceedings.
(3) A quorum of four members of the board must be present to
conduct the business of the meeting. + }
SECTION 9. { + (1) The Oregon Board of Opticianry shall:
(a) Hire and prescribe the qualifications of an executive
secretary who shall serve at the direction of the board.
(b) Determine the qualifications and fitness of applicants for
licensure, renewal of licenses and reciprocal licenses.
(c) Examine, approve, issue, deny, revoke, suspend and renew
licenses of dispensing optician applicants and licensees under
the provisions of ORS 683.510 to 683.530 and conduct hearings in
connection with these actions.
(d) Maintain a public record of every dispensing optician
licensed in this state including place of business, residence and
the date and number of the optician's license.
(e) Establish standards of professional responsibility and
practice for persons licensed under ORS 683.510 to 683.530.
(f) Select a licensing examination consistent with section 4 of
this 1997 Act.
(g) Establish continuing education requirements for renewal of
a license consistent with section 5 of this 1997 Act.
(h) Conduct hearings on complaints concerning violations of
section 10 of this 1997 Act and the rules adopted under this
section.
(i) Provide for examinations or waivers of examination for
applicants.
(j) Establish examination and licensing fees.
(k) Request and receive the assistance of state educational
institutions or other agencies.
(L) Prepare information of consumer interest describing the
regulatory functions of the board and describing the procedure by
which consumer complaints are filed with and resolved by the
board. The board shall make the information available to the
general public and appropriate state agencies.
(m) Subject to the provisions of ORS 183.310 to 183.550, adopt
all other rules that are necessary to conduct its business, carry
out its duties and administer ORS 683.510 to 683.530.
(2) Nothing in ORS 683.510 to 683.530 authorizes the Oregon
Board of Opticianry to adopt rules restricting competitive
bidding, advertising, manner of displaying products or location
of stores except to prohibit false, misleading or deceptive
practices. + }
SECTION 10. { + (1) The Oregon Board of Opticianry may deny or
refuse to renew a license, may suspend or revoke a license or may
impose probationary conditions if the licensee, applicant or
person falsely claiming to be a licensee:
(a) Engages in unprofessional conduct as defined by the rules
of the board;
(b) Obtains or attempts to obtain a license by fraud,
misrepresentation or concealment of material facts;
(c) Violates any lawful order or rule adopted by the board that
may affect the health, welfare or safety of the public;
(d) Is convicted of a misdemeanor or felony reasonably related
to or adversely affecting the licensee's ability to dispense
spectacles and eyeglasses or fit contact lenses;
(e) Commits gross negligence or incompetence in the performance
of professional duties; or
(f) Has been adjudged mentally incompetent by a court of
competent jurisdiction.
(2) When the Oregon Board of Opticianry proposes to refuse to
issue or renew a license, or proposes to revoke or suspend a
license, opportunity for a hearing shall be accorded as provided
in ORS 183.310 to 183.550. + }
SECTION 11. { + All moneys received by the Health Division
under ORS 683.510 to 683.530 shall be deposited into the General
Fund, placed to the credit of the Health Division Account and
continuously appropriated for the administration and enforcement
of ORS 683.510 to 683.530. + }
SECTION 12. { + (1) Upon the complaint of any citizen of this
state, or upon its own motion, the Oregon Board of Opticianry may
investigate any alleged violation of ORS 683.510 to 683.530. Any
information provided to the Oregon Board of Opticianry pursuant
to a complaint or investigation is confidential and shall not be
subject to public disclosure until the board has rendered a
decision in the case.
(2) Any person who in good faith provides information to the
board pursuant to this section shall not be subject to an action
for civil damages as a result thereof. + }
SECTION 13. { + (1) Violation of any provision of section 3, 4
or 5 of this 1997 Act is punishable by a civil penalty of not
less than $100 and not more than $1,000.
(2) Civil penalties under subsection (1) of this section shall
be imposed in the manner provided by ORS 183.090.
(3) The Attorney General shall bring action in the name of the
State of Oregon in a court of appropriate jurisdiction to enforce
any civil penalty imposed under this section.
(4) All civil penalties collected or received under this
section shall be paid into the General Fund, placed to the credit
of the Health Division Account and continuously appropriated and
used only for the administration and enforcement of ORS 683.510
to 683.530. + }
SECTION 14. { + The Oregon Board of Opticianry may take any
action before the operative date of this Act that is necessary to
enable the board to exercise, on and after the operative date of
this Act, all of the duties, functions and powers conferred on
the board by this Act. + }
SECTION 15. { + Notwithstanding the provisions of section 4 of
this Act, the Oregon Board of Opticianry shall grant a license as
a dispensing optician to an applicant who has three years'
experience as a dispensing optician as of January 1, 1998. + }
SECTION 16. { + This Act becomes operative on January 1,
1998. + }
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