Or. Admin. Code § 852-060-0027 - Definition of Unprofessional Conduct
Unprofessional conduct within the meaning of ORS 683.140(1)(c) includes, but is not limited to:
(1)
Any conduct or practice contrary to recognized standards of ethics of the
optometric profession.
(2) Fraud,
misrepresentation or dishonesty, including but not limited to:
(a) Advertising optometric services,
treatments, or advice in which untruthful, improbable, misleading or deceitful
statements are made.
(b)
Misrepresenting any facts to a patient concerning treatments or fees.
(c) Making a false statement to the Board or
to an agent of the Board.
(d)
Willfully deceiving or attempting to deceive the Board, an employee of the
Board, or an agent of the Board in any application or renewal, or in reference
to any matter under investigation by the Board. This includes but is not
limited to the omission, alteration or destruction of any records in order to
obstruct or delay an investigation by the Board, or to omit, alter or falsify
any information in patient or business records to avoid potential disciplinary
action.
(3) Advertising
professional methods or professional superiority, including using the term
"board certified" without defining which board has provided the certification.
NOTE: As a licensing and regulatory agency, the Oregon Board of Optometry does not "board certify" optometric physicians.
(4) Violations of ORS
676.110(5) (use
of titles), which states, in part, that any person practicing optometry who
uses the title "doctor," or any contraction thereof, "clinic," "institute,"
"specialist," or any other assumed name or title in connection with the
profession, in all advertisements, professional notices, or any written or
printed matter must add the word "optometrist" or the words "doctor of
optometry" or "optometric physician."
(5) Aiding an unlicensed person in the
practice of optometry.
(6)
Permitting another person to use the optometrist's license
(7) Failure to train and directly supervise
persons to whom optometric services have been appropriately
delegated.
(8) Prescribing,
dispensing or administering controlled substances outside the scope of practice
of optometry or in a manner that impairs the health and safety of an
individual.
(9) Habitual, excessive
or unlawful use of intoxicants, drugs or controlled or mind-altering
substances.
(10) Failing to keep
complete and accurate records for a patient.
(11) Failing to retain patient records in an
accessible print or electronic format.
(12) Failing to immediately give the
prescription to the patient at the time the doctor would provide spectacles or
contact lenses without additional examination.
(13) Violating the rights of privacy or
confidentiality of the patient unless required by law to disclose
information.
(14) Failing make
appropriate transfer of the custody of patient records.
(15) Obstruction and harassment, including
but not limited to:
(a) The use of threats or
harassment or to delay or to obstruct any person in providing evidence in any
investigation, disciplinary action, or other legal action instituted by the
Board.
(b) Conduct determined by
the Board to be harassment of any complainant by the licensee or any member of
the licensee's staff or practice, regardless of complaint case closure
status.
(c) The use of threats,
harassment, or any other conduct that obstructs or delays a member of the
Board, a member of the Board's staff or a duly appointed agent of the Board in
carrying out their functions under the Board's rules.
(d) The discharge of an employee based
primarily on the employee's attempt to comply with or aid in the compliance of
the Board's rules, or with the Board's enforcement activities.
(16) Failing to fully cooperate
with the Board during the course of an investigation, including but not limited
to waiver of confidentiality privileges except attorney-client
privilege.
(17) Making an agreement
with a patient or person, or any person or entity representing patients or
persons, or providing any form of consideration that would prohibit, restrict,
discourage or otherwise limit a person's ability to file a complaint with the
Oregon Board of Optometry; to truthfully and fully answer any questions posed
by an agent or representative of the Board; or to participate as a witness in a
Board proceeding.
(18) Failing to
respond in writing to a Board request for information as required.
(19) Failing to provide the Board with
requested patient records.
(20)
Failing to appear before the Board at a time and place designated by the Board
for such appearance.
(21) Failing
to comply with a Board order.
(22)
Failing to make full payment to the Board of all Board assessed fees, fines and
penalties.
(23) Failing to give
timely written notification to the Board of any disciplinary action or sanction
related to the practice of optometry by any licensing agency of any
state.
(24) Failing to give written
notification to the Board of any felony or misdemeanor convictions within 10
days of the conviction.
(25)
Failure to timely report own or other licensee's suspected prohibited or
unprofessional conduct, arrests or convictions as required by ORS
676.150,
683.335, and
683.340.
(26) Conduct that could be construed as moral
turpitude.
(27) Any conduct
unbecoming a licensee, or detrimental to the best interests of public,
including failure to fully comply with Executive Orders issued by the Governor
during a declared disaster or emergency.
(28) Sexual misconduct, including but not
limited to:
(a) Sexual abuse: Includes conduct
that constitutes a violation of any provision of ORS
163.305 through
163.479, Criminal Sexual
Offenses, if proven by at least a preponderance of the evidence in any
criminal, civil or administrative litigation, or admitted or stipulated by the
professional;
(b) Sexual Violation:
Includes professional-patient sex, whether initiated by the patient or not, and
engaging in any conduct with a patient that is sexual, or may be reasonably
interpreted as sexual, including, but not limited to: sexual intercourse;
genital-to-genital contact; oral-to-genital contact; oral-to-anal contact;
oral-to-oral contact except CPR; touching breasts, genitals, or any sexualized
body part for any purpose other than appropriate examination or treatment or
where the patient has refused or has withdrawn consent; encouraging the patient
to masturbate in the presence of the professional or masturbation by the
professional while the patient is present; and
(c) Sexual Impropriety: Includes any
behavior, gestures, or expressions that are seductive or sexually demeaning to
a patient of normal sensibilities; inappropriate procedures, including, but not
limited to, disrobing or draping practices that reflect a lack of respect for
the patient's privacy; inappropriate comments about or to the patient,
including, but not limited to, making sexual comments about a patient's body or
underclothing, making sexualized or sexually demeaning comments to a patient,
inappropriate comments on the patient's or professional's sexual orientation,
making comments about potential sexual performance during an examination or
consultation; requesting the details of sexual history unless medically
necessary; questioning or discussing sexual likes or dislikes; initiation by
the professional of conversation regarding the sexual problems, preferences or
fantasies of the professional or the patient; or kissing of a sexual
nature.
(29) Practice
optometry in any optometry office or clinic not owned by an Oregon licensed
optometrist(s).
(30) Failing to
follow the Healthcare Interpreter regulations per ORS
413.550-413.558 and OAR
950-050.
Notes
Statutory/Other Authority: ORS 683, 182 & 676
Statutes/Other Implemented: ORS 683.140, 683.270, 676.150 & 182.466
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