Or. Admin. Code § 852-010-0035 - Agreements, Understandings and Contracts
(1) No optometric physician may enter into or
continue any agreement, understanding, or contract of any kind with any person
or group of persons or pursue any course of conduct whereby said licensee:
(a) Expressly or impliedly agrees to refer
said patient back to such person so referring for any service or purchase of
materials; or
(b) Expressly or
impliedly agrees that if patients are referred by said person, the licensee
will not supply optometric materials to patients similar to the optometric
material supplied by said referring person; or
(c) Expressly or impliedly agrees to give
anything of value to said person or a person designated by the licensee as
consideration for said referral.
(2) Nothing in this rule or ORS Chapter 683
may be construed to affect the right of a licensee to become a member of a
panel of a prepaid vision care plan and agree to any of the requirements
thereof, provided said plan is organized on an actuarial basis and is lawfully
organized and operated according to the appropriate statutes of the State of
Oregon, and further provided that such plan permits all optometric physicians
licensed to practice in the state to become a member of such panel subject to
the same or equivalent conditions.
(3) Nothing in this rule may be construed to
prohibit or affect referrals between persons authorized to practice medicine or
optometry in the state of Oregon.
(4) The violation of this rule subjects the
violator to all of the penalties provided by the provisions of ORS
683.140.
Notes
Stat. Auth.: ORS 683
Stats. Implemented: ORS 683.270
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