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ORS 182.472 Semi-Independent Agency Report to the Governor & Legislative Assembly Oregon Board of Optometry April 1, 2014 _______________________________________________________________________ Board Members: Robert Mans, OD, President Jeffrey Pelson, OD, Vice President Jessica Lynch, OD Molly Cardenal, OD Rose Thrush, OD Executive Director: Nancy DeSouza 1500 Liberty Street SE, Suite 210, Salem, Oregon 97302 www.oregonobo.org

Oregon Board of Optometry Board of Optometry ... Oregon from the dangers of unqualified and improper practice of optometry. ... This budget does not increase fees,

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ORS 182.472 Semi-Independent Agency Report

to the Governor & Legislative Assembly

Oregon Board of Optometry

April 1, 2014

_______________________________________________________________________

Board Members: Robert Mans, OD, President

Jeffrey Pelson, OD, Vice President Jessica Lynch, OD

Molly Cardenal, OD Rose Thrush, OD

Executive Director:

Nancy DeSouza

1500 Liberty Street SE, Suite 210, Salem, Oregon 97302 www.oregonobo.org

Preface: Pursuant to ORS 182.472, the following is the biennial Semi-Independent Agency Report for the Oregon Board of Optometry, which is required on April 1 of each even-numbered year. This report covers the 2011-2013 biennium. This report has been submitted to the Governor, President of the Senate, Speaker of the House of Representatives and the Legislative Fiscal Office. It also is posted on the Board’s website at www.oregonobo.gov. Please direct inquiries to the Board’s offices, located at 1500 Liberty Street SE, Suite 210, Salem, Oregon 97304.

Oregon Board of Optometry 2011-13 Biennial Semi-Independent Agency Report

Table of Contents Overview .................................................................................................................. 1 Section 1: 2011-13 Financial Review ....................................................................... 2 Section 2: Budget Comparison ............................................................................... 13 Section 3: Rulemaking Activities ............................................................................ 19 Section 4: Consumer Protection ............................................................................. 24 Section 5: Licensing Activities & Disciplinary Actions ............................................ 25 Section 6: Other Board Activities ........................................................................... 28

Oregon Board of Optometry 2011-13 Biennial Semi-Independent Agency Report Page 1

Overview: The Oregon Board of Optometry (the Board) continued its public safety and health efforts in the 2011-13 biennium, moving forward with its statutory mission to protect the people of Oregon from the dangers of unqualified and improper practice of optometry. The agency’s staff provide exceptional service, ensuring that licenses are generally issued the same day the application is complete, questions and complaints are researched and resolved fairly and timely, and that the agency operates under a fiscally sound budget. During this biennium, the Board conducted a full review and significant revision of its administrative rules, streamlining regulatory processes, clarifying requirements, and simplifying multiple practice licensing. In addition to its regulatory and compliance activities, the Board and its staff continues licensee education and outreach to ensure optometrists are aware of and in compliance of all laws and rules governing the profession in efforts to further protect public safety and health.

Oregon Board of Optometry 2011-13 Biennial Semi-Independent Agency Report Page 2

Section 1 - Financial Review: The Oregon Board of Optometry chose the financial review option authorized under ORS 182.464, believing a well-defined and structured financial review would provide greater benefit to a semi-independent agency and to those reviewing its work. The Financial Review and the Board’s response are attached, below. The Board has no RFPs, procurement contracts or proposals, nor contracts with any vendors outside of state government other than for typical goods and services. Because the Board is in sub-leased space co-located with Oregon Travel Experience and not on the State’s technology backbone, internet and phone connectivity is provided through Comcast Business Service at the service level recommended by DAS ETS technology support. Board member recruitment and appointment was completed for one vacancy in the 2011-13 biennium by the Governor’s Office, with the support of the Board’s executive director. Training of the new member was conducted following the OBO’s adopted policies and procedures. Licensing controls were strengthened following the recommendations in the 2009-11 financial review, and related policies and procedures were documented. The Board’s separation of duties and control mechanisms were reviewed by the Secretary of State Audits Division review of the 17 health related licensing boards, and no recommendations for improvement were identified in the report. In 2012, the Board instituted criminal background checks of all new and renewing licensees. The Board’s rulemaking process follows the requirements and guidelines required of all state agencies, and all rulemaking is documented with the Secretary of State Archives Division and was submitted to Legislative Counsel as required.

Oregon Board of Optometry 2011-13 Biennial Semi-Independent Agency Report Page 3

Report on OBO’s Information Technology System

The Oregon Board of Optometry underwent an IT security review by the DAS Enterprise Risk Management Office in 2012, making immediate improvements to systems and processes as recommended. However, the Board’s leadership recognized inherent and ongoing challenges and risks in operating a stand-alone IT server on site and determined the need to seek long-term computer support and services as the Board moved to upgrade outdated computer hardware and software. As of July 1, 2013, the Oregon Board of Optometry chose to move its entire information technology system from an in-house server and software. The Board chose to purchase equipment, services and technology hosting from the Oregon Department of Administrative Services. This decision was made for information security and integrity, customer support, and cost considerations. Because of this change, the OBO now falls under DAS administrative rules, policies and procedures, the same as any non-semi-independent State of Oregon agency, thus eliminating the IT risks of independent systems. There are no contractors or vendors who have access to OBO’s databases and other confidential information. The risks to the agency and its technology systems are the same as the rest of state government served by DAS Enterprise Technology Services and protected by their overall risk evaluation and amelioration efforts.

Oregon Board of Optometry 2011-13 Biennial Semi-Independent Agency Report Page 4

INSERT WICKLUND AUDIT HERE

Oregon Board of Optometry 2011-13 Biennial Semi-Independent Agency Report Page 5

Insert OBO Response Here

Oregon Board of Optometry 2011-13 Biennial Semi-Independent Agency Report Page 6

Section 2 – Budget Comparison: 2011-2013 revenues were slightly higher than originally projected, balancing out reduced income from investments and interest with higher miscellaneous revenue from reimbursement for the executive director’s personnel costs for a partial job rotation to the Early Learning Council. Higher personnel/PERS costs were offset by reduced operational costs in services and supplies. The majority of the Board’s 2011-2013 expenditures were for Payroll and OPE (73%), Attorney General Legal Fees (4.5%), Facilities Rent (8.0%), and Office Expenses/Technology (4.3%). Significant variances include unanticipated income in 2013 “Miscellaneous Revenue” for reimbursement for the Executive Director’s payroll costs for a partial job rotation to he Early Learning Council, lower-than-anticipated Attorney General legal and Office of Administrative Hearings fees, and reduced usage of professional and interagency services. The Board finished the biennium under budget. Revenues from all sources totaled $666,025, against expenditures of $608,080, for a net transfer to reserves of $57,945. The 2013-2015 adopted budget allows the Board to maintain its current operating level through the next two years with no fee increases.

Oregon Board of Optometry 2011-13 Biennial Semi-Independent Agency Report Page 7

<INSERT PDF: OBO Revenue & Expenditures 2011-13> <INSERT PDF Comparison of Budget to Actual for 2011-13 and 2013-15> <INSERT PDF: 2013-15 Board-Adopted OBO Budget 1-25-2014>

Oregon Board of Optometry 2011-13 Biennial Semi-Independent Agency Report Page 8

OBO Beginning and Ending Balances 2011-2015:

Source 2011-2013 Actual 2013-2015 Projected (as of 1/25/2013)

Beginning Balance $271,255 $343,713

Total Revenue $666,025 $672,300

Total Funds Available $951,793 $1,016,013

Total Expenditures $608,080 $698,511

Ending Balance $343,713 $317,502

The Board anticipates changes in the 2013-15 adopted budget to account for several policy decisions; these changes will be discussed as a budget rebalance in 2014: The elimination of fees for additional practice location licenses and portable multiple practice

location licenses, effective January 2013. This change was adopted by the Board to streamline regulatory requirements and provide benefits to licensees at no additional cost to them.

Obtaining Information Technology services, equipment and software from the Oregon Department of Administrative Services, reducing costs and increasing information security.

Reduce costs for facilities rental following the move to co-located space sub-leased from Oregon Travel Experience at a savings of more than 30% over prior leased space.

Anticipated database programming/redesign to meet data processing and storage needs: - Preparation for digital file management and storage, moving from historical paper-based system. - Implementing online license renewal system with electronic payments. - Compliance with 2013 SB 604 – Common Credentialing Solution through Oregon Health

Authority (requirements and costs not yet determined).

Public Hearing Process for Budget Development: The Board is required to notify all licensees and hold a budget hearing prior to adopting its biennial budget. Notice was sent by first-class mail to all optometric physicians licensed in Oregon and that the biennial budget hearing would be held at the Board’s offices in Salem on January 25, 2012. That same date, the hearing was also noticed to all interested parties as part of the regular quarterly meeting of the Board, and materials were posted to the board’s website. There were no recommendations for alterations to the proposed budget, and it was discussed and approved by the Board by a unanimous vote in Public Session. This budget does not increase fees, and the Oregon Board of Optometry continues to maintain a level of reserves sufficient to cover unanticipated contested case or legal fees. As noted above, the Board anticipates budget changes to reflect lower revenues from the elimination of fees for additional and multiple practice location licenses, lower information technology and facilities costs. The Board will follow all requirements for its rules hearings and filings.

Oregon Board of Optometry 2011-13 Biennial Semi-Independent Agency Report Page 9

Fee Changes and Justification: The table below shows a five-biennia history of fees for the Oregon Board of Optometry. There have been no fee increases since the 2005-2007 biennium. The sliding scale for Active-status license late fee was reinstated with a seven-year look-back cap. Two fees were eliminated for 2013-2015 for additional and multiple practice location licenses; multiple practice location licenses are being included at no additional charge for new licensees and renewals effective January 1, 2014.

Type of Annual Fee (as of): 6/30/07 6/30/09 6/30/11 6/30/13 6/30/15 (Anticipated)

Active license annual renewal $235 $243 $243 *$243 $298

Active license continuing education renewal $20 $20 $20 *$20 $0

Active license disciplinary renewal $35 $35 $35 *$35 $0

Additional office license $40 $45 $45 $45 **$0

Multiple office license $80 $90 $90 $90 **$0

Inactive license annual renewal $90 $98 $98 $98 $98

Electronic Prescription Monitoring Program (to OHA) N/A N/A $25 $25 $25

Application for examination and licensure $150 $200 $200 $200 $200

Application for endorsement examination and licensure $250 $300 $300 $300 $300

Oregon Laws & Administrative Rules examination $75 $75 $75 $75 ***$75

Reactivation of license $100 $100 $100 $100 $100

Reinstatement of license $100 $100 $100 $100 $100

Wall display certificate (optional) $20 $30 $30 $30 $30

Certified license verification $20 $20 $20 $20 $20

Law & Administrative Rules booklet (free on website) $25 $25 $25 $25 $25

List of licensees (free on website without addresses) $25-$50 $25-$50 $25-$50 $25-$50 $25-$50

Failure to notify of practice locations $50-$200 $50-$200 $50-$200 $50-$200 $50-$200

Active license late fee (licensure, CE, CPR lapse, late payment)

$50-$200 $50-$200 $50-$200 $50 $50-$100

Late renewal fee – Inactive license $50-$200 $50-$200 $50-$200 $15 $15

*Combined into one line item for 2011-2013 with no increase (totaling $298).**Fee eliminated effective January 1, 2014

***Examination no longer administered through OBO; administered through national examiners online for $25

Oregon Board of Optometry 2011-13 Biennial Semi-Independent Agency Report Page 10

Section 3: Administrative Rule Making Activities The Board promulgates administrative rules under Chapter 852. The Board strives to keep the optometry administrative rules current with the optometric standard of care in Oregon. On December 21, 2012, the Board held a public rulemaking hearing to receive and discuss comments on proposed rule changes and adopt the final rules. A second hearing, for the 2013-15 biennial budget, was held January 25, 2013. No temporary rules were filed during the biennium.

OBO Adopted, Amended, Repealed Administrative Rules: Compilation from July 1, 2011 to December 31, 2013

OAR Chapter

852 Division

Description Publish Date

Hearing Date

Board Adopted/ Amended

Filed with SOS

Filed with LC

Effect. Date

Division 1

Updated and new definitions to reflect changes in standards of practice and terms.

12/1/12 12/21/12 12/21/12 1/3/13 1/3/13 1/3/13

Division 5

0005: Revised 2011-13 Biennium budget to reflect limitation increase for under-funded payroll expenses and Board decision to upgrade computer systems and software within available fund reserves.

0015: Clarifies Board member compensation to reflect policy decisions of Board.

0030: Removes “temporary” status of adoption of State of Oregon contracting policies.

0040: Repealed, as required by 2011 HB 2381, bringing OBO staff under DAS HR Policies and Procedures on January 1, 2012.

12/1/12 12/21/12 12/21/12 1/3/13 1/3/13 1/3/13

Oregon Board of Optometry 2011-13 Biennial Semi-Independent Agency Report Page 11

OAR Chapter

852 Division

Description Publish Date

Hearing Date

Board Adopted/ Amended

Filed with SOS

Filed with LC

Effect. Date

Division 10:

0005: Clarifies that Board may delegate duties to Executive Director. Removes conflict with public meetings law.

0015: Clarifies current requirements for application for examination and licensure.

0020: Increases passing score on Oregon optometric law and administrative rules examination from 75 to 80.

0022: Clarifies current requirements for application for endorsement examination and licensure.

0023: Increases passing score on Oregon optometric law and administrative rules examination from 75 to 80.

0030: Clarifies responsibility for advertising not in compliance with Oregon law.

0051: Makes clear that patient records may be kept in an accessible electronic format. Adds provision for patient record transfer in the event of the death of an optometric physician. Clarifies that patient records and prescriptions cannot be withheld for lack of payment.

0080: Adds optional purchase of copy of portable multiple practice location license for $25. Restores language for sliding fee scale for multiple failures to comply with rule.

12/1/12 12/21/12 12/21/12 1/3/13 1/3/13 1/3/13

Division 20:

0029: Clarifies required and optional prescription information; allows use of electronic signature. Makes optional the inclusion of number of contact lens refills and the FTC requirements for setting a limit.

0031: Clarifies federal and state requirements that patients do not need to request their prescriptions. Clarifies that direct communication includes mail.

0035: Expands definition of immediate family to include domestic partners, stepchildren and in-laws.

0045: Deletes obsolete provision for compliance prior to January 1, 2012.

0060: Clarifies responsibility for the delegation of the duties of an optometrist to employees and defines direct supervision of those employees.

0070: Deletes obsolete provision for compliance prior to January 1, 2009.

12/1/12 12/21/12 12/21/12 1/3/13 1/3/13 1/3/13

Oregon Board of Optometry 2011-13 Biennial Semi-Independent Agency Report Page 12

OAR Chapter

852 Division

Description Publish Date

Hearing Date

Board Adopted/ Amended

Filed with SOS

Filed with LC

Effect. Date

Division 50

0001: Removes obsolete provisions and definitions for optometric physicians’ licenses.

0005: Clarifies licensing and posting requirements for practice locations. Adds new provision for optional purchase of additional copy of portable multiple location license for $25. Clarifies that photocopies of licenses are prohibited.

0006: Clarifies that complete license renewals must be received or postmarked by due date. Adds language regarding Prescription Drug Monitoring Program fund. Puts seven-year limit on look-backs for failure to timely renew license.

0012: Clarifies that complete license renewals must be received or postmarked by due date. Clarifies that suspension notices for inactive licensees will be sent by first-class mail. Requires reactivation requests to be made on a Board-supplied form and with required proof of meeting requirements for pharmaceutical agents. Reiterates requirement for criminal background check.

0013: Clarifies licensing rights and responsibilities of licensees serving in and separating from active military service.

0014: Requires reinstatement requests to be made on a Board-supplied form. Reiterates requirement for criminal background check.

0016: Details requirements for reporting places of practice. Increases timeline for doing so from “immediately” to “within 14 days.” Allows multiple means of reporting, adding e-mail and electronic signatures.

0021: Clarifies optometric physician’s rights and responsibilities in volunteer service.

0022: Enables 2012 law provisions in ORS 676.340 and 676.345 for new liability limitations for volunteers. Establishes registration program and process.

0025: Removes provision that Board will provide an individual with their own criminal offender records, as this is prohibited by Oregon State Police and the Law Enforcement Data System.

12/1/12 12/21/12 12/21/12 1/3/13 1/3/13 1/3/13

Oregon Board of Optometry 2011-13 Biennial Semi-Independent Agency Report Page 13

OAR Chapter

852 Division

Description Publish Date

Hearing Date

Board Adopted/ Amended

Filed with SOS

Filed with LC

Effect. Date

Division 60:

0025: Adds practicing optometry in a location not reported to the Board to the list of causes for disciplinary action.

0027: Adds to the list of unprofessional conduct to include: advertising professional methods or superiority; claiming “board certification” without defining by what board; failing to train employee and supervise work delegated by optometric physician; prescribing scheduled drugs improperly; interfering with the Board’s enforcement activities; deception in application or renewal; altering or falsifying patient or business records to avoid discipline; asking for sexual history except when medically necessary; failing to follow federal and state requirements for prescription release to patient; failure to retain patient records or provide them to the Board on request; and failure to report own or other licensee’s prohibited or unprofessional conduct, arrests or convictions as required by law.

0065: Changes required answers to charges as part of notices to parties in contested cases to comport with changes in Attorney General’s Model Rules of Procedure.

0070: Changes requirements for hearing requests and answers to comport with changes in Attorney General’s Model Rules of Procedure.

12/1/12 12/21/12 12/21/12 1/3/13 1/3/13 1/3/13

Division 70

0010: Clarifies that licensees may carry forward excess continuing education hours from the prior year upon written request to the Board. Adds new provision granting one hour of CE credit per year for attendance at an official meeting of the Board.

0040: Removes obsolete provision for separate $20 CE fee; costs are already included in overall renewal fee.

0050: Removes obsolete provision; the Board no longer provides CE directly to licensees.

0055: Clarifies responsibilities of CE sponsors to proctor attendance and provide original source documentation to attendees.

0060: Renumber to 0054 and move above 0055. Reflects changes in categories of CE approved by the Council on Optometric Practitioner Education.

12/1/12 12/21/12 12/21/12 1/3/13 1/3/13 1/3/13

Oregon Board of Optometry 2011-13 Biennial Semi-Independent Agency Report Page 14

OAR Chapter

852 Division

Description Publish Date

Hearing Date

Board Adopted/ Amended

Filed with SOS

Filed with LC

Effect. Date

Division 80

0030: Clarifies that level of certification regarding pharmaceutical agents is printed on license. Encourages use of Oregon Prescription Drug Monitoring Program, for which licensees already pay during renewal.

0040: Clarifies process for certification to use pharmaceutical agents. Removes requirement that CPR certification renewal include a hands-on component. Removes obsolete provision for licensees prior to April 1, 2006.

12/1/12 12/21/12 12/21/12 1/3/13 1/3/13 1/3/13

Division 5

0005: Establishes 2013-15 OBO Biennial Budget. 12/1/12 1/25/13 1/25/13 2/4/13 2/4/13 7/1/13

Oregon Board of Optometry 2011-13 Biennial Semi-Independent Agency Report Page 15

Section 4: Consumer Protection The Board protects consumers through enforcement of the laws and rules governing optometry. In the 2011-13 biennium the Board continued efforts to improve the quality and timeliness of information for consumers, licensees and stakeholders to help them better understand the Board’s role in protecting public safety and health through fair, consistent regulation of the profession. You will read more about the Board’s formal enforcement activities in the next section. Board members and staff work to educate practitioners on their responsibilities for consumer protection through optometric ethics, laws and rules presentations at professional conferences and to students in optometry school, newsletters, and the agency’s website. The Board’s complaint forms were redesigned in the 2011-13 biennium to increase readability, simplify questions, and help consumers to more clearly articulate the issues in their cases. The staff of the Board strive to respond within one business day to all inquiries from consumers and licensees regarding optometric laws and rules, and possible violations. This level of customer service to consumers helps them to understand their rights and assists them in their efforts to resolve minor complaints informally, while preserving their options to file formal complaints with the Board at any time. Problems stemming from the unlicensed practice of optometry can be illustrated by the Board’s efforts to educate consumers about the dangers of purchasing and wearing cosmetic contact lenses without a prescription. These lenses are sometimes sold in novelty stores, flea markets and other locations by vendors who have been duped by wholesalers at trade shows and over the internet into believing that such sales are legal. A recent illegal sale case came to light when a Eugene television station aired a news segment about University of Oregon cheerleaders wearing Duck-themed cosmetic lenses purchased from a local merchant. Within an hour, the Board had contacted the merchant and informed him of the federal and state laws prohibiting the sale of any contact lenses without a valid prescription signed by an ophthalmologist or optometrist. Board staff worked with the vendor to immediately cease and desist sales, and subsequent media interviews led to increased consumer awareness. The Board’s goal in such cases is to protect the public; this often can be accomplished without taking punitive measures. Because the vendor cooperated fully and immediately corrected the violations, the Board took no formal disciplinary action against him or his longstanding business. Because the Board has no jurisdiction over the wholesaler who misled the vendor and supplied the contact lenses, the matter was reported to the Federal Trade Commission as the enforcing authority. The matter was documented in the Board’s files, so if this vendor were to be found in the future to again violate the laws, the Board could pursue formal disciplinary action, potentially including civil penalties.

Oregon Board of Optometry 2011-13 Biennial Semi-Independent Agency Report Page 16

Section 5: Licensing Activities & Disciplinary Actions As of June 30, 2013, the Oregon Board of Optometry licensed 1,235 individual doctors of optometry: 751 holding active and 484 holding inactive license status. The number of active licensees remains fairly consistent. However, the number of inactive licensees continues to decline slightly each biennium, likely because all US boards of optometry now use the standardized tests of the National Boards. This greatly facilitates the mobility of optometric physicians and reduces the need to maintain licenses in more than one state. The Board expects this trend to continue in the future. The Board offers licensure to practice optometry in the Oregon to new candidates by examination or by endorsement. Candidates for licensure often send in their incomplete application for licensure before they have completed their doctorates and before the Board has received the score results from their national board examinations from the NBEO (National Board of Examiners in Optometry). Last biennium, the Board received 85 new applications for licensure and issued 101 new licenses to practice optometry in Oregon. Once the application is complete, the agency’s average time to issue a license is less than one day. The Board issued 3,409 individual license certificates in the 2011-2013 biennium. This included new licenses, renewals of single and multiple practice locations, address and name changes, and new location licenses. (Note: This number will decrease in 2013-15, as the Board eliminated separate licensure for additional and multiple practice locations effective January 1, 2014). Nearly half of Oregon’s optometrists practice in more than one office. In that same time period, the Board also reactivated or recertified 22 doctors of optometry and certified 14 optometric physicians to use, prescribe or administer topical or nontopical therapeutic pharmaceutical agents. The Board also provided 238 certified license verifications. Annual license renewals are tied to licensee birthdates, leveling agency income and workloads across the year. For Active Status license renewal, the Board requires licensees to complete at least 18 hours of clinical optometric education courses, including one hour every other year in ethics or Oregon optometry law and administrative rules. The Board ensures that there is adequate coursework in optometric ethics and optometry law and rules by either sponsoring or presenting said courses each year. During this biennium the Board also changed its rules to allow credit for cultural competency continuing education, preparing for the availability of courses approved by the Oregon Health Authority. The Board approves and maintains a database of courses that meet the requirements for continuing optometric education that is available to all practitioners. Since the last report, the Board reviewed and approved 177 courses that were determined to meet its requirements for continuing optometric education. The Board also grants automatic approval for appropriate optometric continuing education courses approved by the Council on Practitioner Education (COPE) operated by the Association of Regulatory Boards of Optometry. The Oregon Board of Optometry receives numerous inquiries about practitioners, eye health and vision care, and the dispensing of eyeglasses and contact lenses. For questions and complaints outside the Board’s statutory jurisdiction, staff work with consumers to ensure they are directed to the appropriate licensing board, consumer protection agency, or to law enforcement. For those issues within the Board’s

Oregon Board of Optometry 2011-13 Biennial Semi-Independent Agency Report Page 17

authority, staff work with the Board to respond to and resolve consumer complaints and Board-initiated enforcement actions in a fair, consistent and timely manner. Board Activities Reports since the last reporting period document 32 new consumer complaints. Because complaints cross calendar and fiscal year lines, the number of cases closed differs from the number opened. Several numbers reported last biennium have changed, because of a reporting error based on date of case opening instead of case closure. The numbers below are verified as corrected. Since June 30, 2011, the Board resolved and closed 54 formal complaints. The Board imposed formal discipline in eight cases; The Board assessed no civil penalties, assessed contested case costs in one case, and issued one formal reprimand.

2009-11 2011-13 % Change

Number of license applications 95 85 -11%

Number of licenses issued 3,370 3,409 +1.1%

- Number of new licenses 101 101 0

Number of examinations conducted 17 0* -100%

Average time between application for and issuance of licenses (days) 0.50 0.63 +26%

Consumer complaint-related inquiries not resulting in new complaints New 42 --

Number and type of new complaints received (total) 45 32 -29%

- Consumer initiated 29 23 -21%

- Board initiated 16 9 -43%

Number of complaints requiring investigation (total) 45 32 -29%

Number and types of resolutions of complaints (total) 32 46 +44%

- Discipline 3 8 +38%

- No discipline 29 38 +31%

Number and type of sanctions imposed (total) 3 9 +200%

- Revocation 0 8** 800%

- Reprimand 1 1 0

- Civil penalty 2 0 -100%

Number of days between beginning investigation and resolution 142 177 +34%

* Examinations are now available online through national testing board. **One licensee in 2001-13 accounted for five cases closing with revocation of license. The time needed to resolve complaints is primarily based on the frequency of Board meetings. Most cases require two meetings to complete, with some requiring more, depending on the complexity of the case. The Board strives to balance the need to hold Board meetings and the associated cost and use of resources with the need to timely complete complaint cases.

Oregon Board of Optometry 2011-13 Biennial Semi-Independent Agency Report Page 18

The Board works with DOJ legal counsel to resolve cases through stipulated formal agreements where feasible. The average number of days to complete complaint cases (from the date a complaint is received or Board initiated investigation until resolution of the case) was 177 days for the reporting period, up from 142 days. This is directly related to the complexity of several cases and the Board’s decisions to interview certain licensees prior to determining whether to issue discipline. Because the Board meets quarterly, a decision to interview prior to case closure lengthens that individual case’s closure time by 90 days.

Oregon Board of Optometry 2011-13 Biennial Semi-Independent Agency Report Page 19

Section 6: Other Board Activities

Approximate # Licensees on June 30

close of biennium

Executive Director

Monthly Salary

Biennium Positions FTE Board

Meetings Individuals Firms/

Businesses Board

Stipend on 6/30

Close of Biennium

2005-07 3 2.2 9 1,223 0 $50/day $7,401

2007-09 3 2.2 9 1,212 0 $50/day $8,869

2009-11 3 2.2 14 1,230 0 $100/day $6,000

2011-13 3 2.2 11 1,245 0 $100/day $7,561

2013-15 3 2.2 10 1,260 0 $100/day $7,596

2015-17

(anticipated) 3 2.2 10 1,275 0 $100/day $7,596

Goals: The agency’s goals for the 2013-2015 Biennium include: Continue analysis of regulatory streamlining within the profession of optometry and adopt measures

to improve consumer protection within that framework.

Replace the Board’s website with design of www.oregon.gov. Increase and improve the quality and timeliness of information for consumers, licensees and stakeholders to help them better understand and access the Board’s role in protecting public safety and health through fair, consistent regulation of the optometric profession.

Develop and implement online license renewal and reporting of continuing education by attestation, with appropriate audits and licensee assistance during the transition period.

Begin taking electronic payments, with the eventual goal of eliminating most paper checks processed.

Analyze long-term database needs and develop an implementation strategy.

Develop process of digitization of paper records required to be held by the Board under its retention schedule to ensure information security and access, and reduce hard-file storage requirements.