Oregon Administrative Rules Chapter 852 - BOARD OF OPTOMETRY
Oregon Administrative Rules Chapter 852 - Board of Optometry
What is the Board of Optometry?
The Board of Optometry is a regulatory body established to oversee the practice of optometry within Oregon. Its primary purpose is to ensure that optometrists meet professional standards, protect public health, and regulate the optometry profession.
Purpose of Chapter 852 Rules
Licensing and Certification:
The rules establish requirements for obtaining, renewing, suspending, or revoking licenses for optometrists.
They ensure that only qualified individuals are permitted to practice.
Professional Conduct and Standards:
The rules set ethical and professional standards.
They include disciplinary procedures for misconduct or violations of professional duties.
Scope of Practice:
The rules define what procedures, treatments, and services optometrists may perform.
This includes limits on what treatments require referrals or collaboration with other medical professionals.
Examinations and Continuing Education:
The board sets requirements for examinations to qualify for licensure.
Continuing education mandates ensure practitioners stay updated on new knowledge and techniques.
Public Protection:
Ensuring patient safety and high-quality care is a central purpose.
The board investigates complaints and enforces corrective actions.
Structure of Chapter 852
Licensing Procedures: Eligibility, application, renewal, fees.
Practice Regulations: Procedures allowed, prohibited practices.
Disciplinary Actions: Grounds for discipline, hearing procedures.
Ethical Guidelines: Professional responsibility and conduct.
Record Keeping and Reporting: Requirements for maintaining patient records and reporting certain information to the board.
Case Law Principles Related to Administrative Boards Like the Board of Optometry
Though specific case law about the Oregon Board of Optometry might be sparse, general administrative law principles apply, including:
Authority and Scope of the Board:
Courts recognize that administrative boards like the Board of Optometry have authority only as granted by law or administrative rules.
They cannot exceed their jurisdiction or impose rules outside their mandate.
Due Process in Disciplinary Actions:
When disciplining licensees, the board must provide fair procedures, including notice, opportunity to be heard, and impartial decision-making.
Failure to provide due process can lead to judicial review and overturning of board decisions.
Reasonableness of Rules and Decisions:
Courts often defer to boards’ expertise but will review whether the board's rules or enforcement actions are reasonable and consistent with the purpose of protecting public health.
Arbitrary or capricious decisions may be invalidated.
Case Example (Conceptual):
Suppose the Board revoked an optometrist’s license for failing to meet continuing education requirements.
The optometrist challenged the decision, arguing the board did not follow proper procedures or the education requirements were unclear.
The court would assess whether the board acted within its rulemaking authority, provided due process, and applied the rules fairly.
Summary
Chapter 852 governs licensing, professional standards, and discipline of optometrists in Oregon.
It ensures public safety by regulating who may practice and under what conditions.
Administrative boards like the Board of Optometry have defined authority and must follow due process.
Courts oversee the fairness and reasonableness of board actions but typically respect the board’s expertise.
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