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ORS 182.472
Semi-Independent Agency Report
to the Governor & Legislative Assembly
Oregon Board of
Optometry
Due: April 1, 2016
Board Members:
Molly Cardenal, OD, President Jessica Lynch, OD, Vice President
Jeffrey Pelson, OD Douglas Walker, OD Catherine Webber
Executive Director: Shelley Sneed
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 1st of each even numbered year. This report covers the 2013-15 biennium. This report has been submitted to the Governor, President of the Senate, Speaker of the House of Representatives and to the Legislative Fiscal Office. It is also posted on the Board’s website. Please direct inquiries to the Board’s offices located at: 1500 Liberty Street SE, Suite 210, Salem, OR 97302.
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Table of Contents
Section I: 2013-15 Financial Review
Section II: Budget Comparison
Section III: Rule making activities
Section IV: Consumer Protection
Section V: Licensing and Discipline
Section VI: Other Board Activities
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Section I – Financial Review
Per state statute, the Oregon Board of Optometry (OBO) is required to have an audit or financial review after each biennium. OBO has elected to have financial reviews for the past several bieenia. This year OBO contracted with Powers CPA, LLC to conduct the financial review on behalf of the Board. Attached is a copy of the final report, as well as the Board’s response to the report. A copy of the report was filed with the Secretary of State’s office on March 9, 2016.
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Section II: Budget Comparison
The Board’s primary income source is related to its licensing activity. Total 2013-15 biennial income was $650,120, which was nearly 3% higher than the Board’s final biennial budget. Two fees (additional office and multiple office license) were eliminated in the 2013-15 biennium, which affected the 2015-17 revenue forecast. The Board was also conservative in estimating miscellaneous and other fees and income in the 2015-17 budget. Personnel and related costs are 76% of the Board’s operating budget. Total expenses for the biennium 2013-15 were $626,472, which left a net income of $23,548. The budget was projected to have a net loss of $24,000, so the Board outperformed its budget expectations significantly. Due to new costs related to an online database system that is being implemented in 2016, the Board’s 2015-17 budget is projecting higher expenses. Due to the new system, as well as new credit card processing fees, expenses are expected to rise. Another factor affecting the Board’s expenses are the DAS ETS fees. After moving to DAS for computer services, fees are markedly higher than projected. The Board is anticipating a mid-biennium budget adjustment in 2015-17 to reflect the new and revised costs. In order to meet the requirements of ORS 182.462(2), the Board passed the 2013-15 budget on January 25, 2013 after having a public hearing that same day. All licensees and the Board’s notification list were notified of the hearing date and the opportunity for public comment. No comments were received and the Board unanimously approved the budget. The revised 2013-15 budget was adopted at the Board’s November 7, 2014 meeting. Here is an overview of the 2013-15 and 2015-17 beginning and ending balances:
2013-15 Actual/Reported
2015-17 Projected/Adopted
Beginning Balance $352,749.16 $357,691.00
Net Income/Loss $4,942.05 ($78,731.00)
Ending Balance $357,691.21 $278,960.00
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Fee Changes and Justification
Type of Annual Fee (as of): 6/30/09 6/30/11 6/30/13 6/30/15 6/30/17
(Est.)
Active license annual renewal $243 $243 *$243 $298 $298
Active license continuing education renewal $20 $20 *$20 $0 $0
Active license disciplinary renewal $35 $35 *$35 $0 $0
Additional office license $45 $45 $45 **$0 $0
Multiple office license $90 $90 $90 **$0 $0
Inactive license annual renewal $98 $98 $98 $98 $98
Electronic Prescription Monitoring Program (to OHA) annual fee
N/A $25 $25 $25 $25
Application for examination and licensure $200 $200 $200 $200 $200
Application for endorsement examination and licensure
$300 $300 $300 $300 $300
Oregon Laws & Administrative Rules exam $75 $75 $75 ***$75 $0
Reactivation of license $100 $100 $100 $100 $100
Reinstatement of license $100 $100 $100 $100 $100
Wall display certificate (optional) $30 $30 $30 $30 $30
Certified license verification $20 $20 $20 $20 $20
Law & Administrative Rules booklet (free on website)
$25 $25 $25 $25 $0
List of licensees (free on website without addresses)
$25-$50 $25-$50 $25-$50 $25-$50 $25-$50
Failure to notify Board 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 $50-$100 $50-$200
Late renewal fee – Inactive license $50-$200 $50-$200
$15 $15 $15
National Background check fee (new as of 4/1/16)
$0 $0 $0 $0 $45
*Combined into one line item for 2011-13 with no fee increase **Fee eliminated as of 1/1/14
***Exam no longer administered through OBO; administered through national examiners online for $25
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Section III: 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. The table below summarizes the Board’s 2013-15 rulemaking activities.
OAR Chapter
852 Division
Description Publish
Date Hearing
Date
Board Adopted
/ Amended
Filed with SOS
Filed with LC
Effective Date
Division 10
Eliminates fees for additional practice location and portable multiple practice location licenses
12/1/13 N/A 11/23/13 1/3/14 1/3/14 1/1/14
Division 50
Removes requirement to purchase additional practice location or portable multiple practice location licenses. Removes requirement that licensees hold additional practice location license for work other than at primary practice location. 12/1/13 N/A 11/23/13 1/3/14 1/3/14 1/1/14
Division 10
Sets framework for Board elections. Removes specific fee. Changes name to National Practitioner Data Bank. Adds expedited licensure for active-duty military spouses and domestic partners. Clarifies record keeping requirements. Adds phone number reporting requirement. 11/1/14 11/7/14 11/7/14 12/29/14 12/29/14 1/1/15
Division 20
Allows stamped signature. Defines when a prescription is officially signed and delegated subsequent release. Clarifies that all drugs must be dispensed per Oregon Board of Pharmacy rules. Prohibits Ods from entering in to specific agreements. Defines direct supervision. 11/1/14 11/7/14 11/7/14 12/29/14 12/29/14 1/1/15
Division 5
Adopts the revised 2013-15 Board budget
11/1/14 11/7/14 11/7/14 12/29/14 12/29/14 1/1/15
Division 50
Add phone number reporting requirements. Clarifies pharmaceutical certification. Clarifies renewal process and licensee responsibility. Allows Ods to convert from active to inactive status with no fee. No license renewal fees for active duty military. Allows ODs to use portable multiple practice license in nonprofit services. Clarifies use of criminal background check information.
11/1/14 11/7/14 11/7/14 12/29/14 12/29/14 1/1/15
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OAR Chapter
852 Division
Description Publish
Date Hearing
Date
Board Adopted
/ Amended
Filed with SOS
Filed with LC
Effective Date
Division 60
Requires Ods to report adverse actions within 10 calendar days. Clarified unprofessional conduct. 11/1/14 11/7/14 11/7/14 12/29/14 12/29/14 1/1/15
Division 70
Removes limit on non-live CE hours. Allows cultural competency ed to be credited. Clarifies when new licensees are required to report CE. Gave Board 30 days to review CE proposals. 11/1/14 11/7/14 11/7/14 12/29/14 12/29/14 1/1/15
Division 80
Removes obsolete TPA certification provisions. Clarifies that only initial licensing requires hands-on CPR certification training. 11/1/14 11/7/14 11/7/14 12/29/14 12/29/14 1/1/15
Division 5
Updated to reflect the adopted 2015-17 Board budget. 6/1/15 1/9/15 1/9/15 6/25/15 6/26/15 7/1/15
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Section IV: Consumer Protection
The Oregon Board of Optometry was created in 1905 to regulate the optometric profession in Oregon and ensure patient safety. The Board oversees the statutes in Chapter 683 and promulgates rules to clarify and support those statutes. The Board is also tasked with enforcing those laws and rules to ensure safe patient treatment. The primary consumer protection efforts are focused at addressing consumer complaints and providing information on the Board’s website. Consumers have the option of phoning the Executive Director of the Board to discuss their complaints or filling out a complaint form from the Board’s website. Once a complaint is filed, the staff and Board members investigate the complaint and then make a determination about whether to close the case without action, send an educational letter to the licensee/enfractor or send a legal notice and begin the contested case process. As you’ll see in the licensing and discipline section, there are low numbers of complaints filed for violations of our laws and rules. The majority of cases are closed with no action or an educational letter. Few cases merit penalties or sanctions. There is little unlicensed practice in the optometry profession. The primary risk continues to be the sale and use of cosmetic contact lenses, which are sold without a prescription, proper fitting, or education about maintenance and use. The Board continues to investigate sales of cosmetic contact lenses throughout Oregon.
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Section V: Licensing and Discipline
As of June 30, 2015 the Oregon Board of Optometry had 1,253 licensees. Of those, 800 were active licensees (64%) and 453 were inactive (36%). Throughout the biennium, OBO issued a total of 2,501 licenses. That number is significantly lower than prior biennia by design. In the 2011-13 biennium the Board eliminated separate licenses for additional and multiple practice locations. During the 2013-15 biennium, 115 license applications were received and 121 new licenses were issued. License applications require a variety of materials, including college transcripts, national exam scores and other state license verifications. It often takes several weeks for the Board to obtain all of the information for a complete license application. Once a complete application is received, a license is generally issued within one day. Each licensed optometrist is required to complete 18 hours of continuing education each year. Licenses expire on the last day of a licensee’s birth month. The due date for the renewal form, payment and CE documents is the first day of the licensee’s birth month; that gives licensees some additional time to complete or document the 18 hours of CE before having an expired license. The Board approves continuing education, as well as accepts nationally approved CE through the Council on Optometric Practitioner Education (COPE). Licensees have a wide array of courses to select from and the Board removed the requirement to complete a minimum number of CE hours in person. Now a licensee has the option to complete all of their CE credit online if they choose to do so. Consumer safety is the primary mission of the Board. As such, consumers often contact the Board with complaints about their optometrist, optician or other practitioner. The Board has limited jurisdiction. When a consumer complaint appears to be within the Board’s jurisdiction, staff directs them to complete the consumer complaint form. ORS 676 also requires health practitioners to report when another provider hasn’t provided an appropriate standard of care. Practitioners can also complete a reporting form or may call or email the Board with reports. Once a report is received by the Board, staff investigates and provides information for formal Board review. If it is a cosmetic contact sales case, a staff or Board member will make a purchase and then a cease and desist letter is sent to inform the business owner of the legal violation. Every case within the Board’s jurisdiction is reviewed by the Board at a formal Board meeting, in Executive Session. Board members review patient files and other information gathered and determine the appropriate resolution of the matter.
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Oregon Board of Optometry 2009-11 2011-13 % Change 2013-15 % Change
Number of license applications 95 85 -11% 115 35%
Number of licenses issued 3,370 3,409 1.10% 2,501 -27%
- Number of new licenses 101 101 0 121 20%
Number of examinations conducted 17 0* -100% 0 N/A
Average time between application for and issuance of licenses (days) 0.5 0.63 26% 0.92 46%
Consumer complaint-related inquiries not resulting in new complaints New 42 -- 34 -19%
Number and type of new complaints received (total) 45 32 -29% 38 19%
- Consumer initiated 29 23 -21% 20 -13%
- Board initiated 16 9 -43% 18 100%
Number of complaints requiring investigation (total) 45 32 -29% 38 19%
Number and types of resolutions of complaints (total) 32 46 44% 40 -13%
- Discipline 3 8 38% 6 -25%
- No discipline 29 38 31% 34 -11%
Number and type of sanctions imposed (total) 3 9 200% 8 -11%
- Revocation 0 8** 800% 0 -800%
- Reprimand 1 1 0 5 400%
- Civil penalty 2 0 -100% 3 300%
Number of days between beginning investigation and resolution 142 177 34% 108 -39%
*The Board no longer offers exams to applicants for licensure
O:\OBO Shared Files\Reports\2016 Governor's Report\08 Optometry_L&E DataPage 21
Section VI: Other Board Activities
Although there was a change in Executive Directors in early 2015, the Board’s positions and FTE haven’t changed. For a number of years the Board has been managed by one full time Executive Director and two .6 FTE administrative staff members. Here is an org chart for the Oregon Board of Optometry throughout the 2013-15 biennium:
Nancy DeSouza left the Board in January 2015 to become the Executive Director of Oregon Travel Experience. Shelley Sneed was hired in March 2015 as the new Executive Director. Cathy Boudreau has been with the Board for 19 years and Debbie Hendricks has been with the Board over 5 years. During 2015 the Board made several changes to its systems and procedures, trying to make licensing more accessible for applicants and Optometrists. Some of those changes included:
Making all pdf forms fillable (applications, CE reporting forms, address change forms, etc.)—allowing applicants and Doctors to type in their information if they choose to do so.
Early in the 2015-17 biennium, after testing at the end of the 2013-15 biennium, the Board began accepting credit card payments for fees.
The board also began emailing renewal forms to licensees in early 2015-17 after planning and testing in 2013-15.
Throughout the 2013-15 biennium the Board worked with a number of other smaller licensing board and DAS IT staff to research online database options. A system was
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identified and will be implemented in early 2016 at five small licensing boards—Optometry, Architect Examiners, Appraisers, Tax Practitioners and Massage.
The Board also conducted a licensee survey and the 2015 Licensee survey report is attached for your information. Two board members completed their terms this biennium. One was the public member and the other was a licensee. The Executive Director worked with the Governor’s Executive Appointments staff to identify potential public members and found one with extensive experience in State government, who is also a lawyer. Catharine Webber joined the Board in June 2014. She replaced another public member who served one term on the Board. Dr. Douglas Walker of Brookings was appointed in April 2015 as a new licensee Board member. Dr. Walker was referred by Oregon Optometric Physicians Association and was vetted by OBO’s Executive Director. Nancy DeSouza spoke with all of the Board applicants and recommended two candidates to the Governor’s office, who made the final selection. As a small, semi-independent agency, the Board does a very limited amount of purchasing. Primary purchases are offices supplies, which are purchased through Office Depot on the state contract. The agency moved to DAS for computer and phone support during the 2013-15 biennium. DAS ensures information security and desktop access and functionality. Moving to DAS eliminated many of the security risks associated with having our own information and data systems. 2015-17 Oregon Board of Optometry Goals:
1) Implement the eLite online licensing system by May 1, 2016 with the document control module.
2) Identify and set up a new credit card processor to work with the new online database system.
3) Move the Board’s website to the new Oregon.gov format using Sharepoint. Have OBO staff trained to maintain and upgrade the site after initial design by DCBS.
4) Implement CE and CPR attestation and audit, rather than 100% reporting at renewal. 5) Implement national criminal background checks for applicants and licensees under
investigation. 6) Transition from 2.2 FTE to 2 full time staff with the retirement of long-time employee
Cathy Boudreau.
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Agency Name: Oregon Board of Optometry
Biennia Positions FTE
Board
Meetings Individuals Firms/ Business Board Stipend
Director Salary
$/per Month
2003-2005 3 2.20 10 1,206 0.00 $50/day $6,101
2005-2007 3 2.20 9 1,223 0.00 $50/day $7,401
2007-2009 3 2.20 9 1,212 0.00 $50/day $8,869
2009-2011 (BTD) 3 2.20 6 1,216 0.00 $100/day $6,000
2011-2013 3 2.20 11 1,245 0.00 $100/day $7,561
2013-2015 3 2.20 10 1,253 0.00 $100/day $7,827
2015-2017* 3 2.20 10 1,245 0.00 $100/day $8,003
As of January 1, 2016
Approximate # Licensees
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2015 OBO Survey Response Report
___________________________________________________________________
A Survey Monkey online survey was sent to all active and inactive OBO licensees on
June 10, 2015 via email. Hard copies with prepaid postage envelopes were sent to
licensees who didn’t have an email address on file with the agency as well. Hard copies were input into
the system and are included in the data being reported.
There were 297 online responses received to the survey and 8 hard copies were returned to the agency.
The agency currently has 1,234 inactive and active licensees. With a 95% confidence level and a 5%
margin of error, the statistically relevant sample size is 294, so we’ve exceeded that standard.
The agency’s current licensee demographics are: 1,256 Active, Active-Military, Inactive and Inactive-
Military licensees as of 7/8/15. The average number of years licensed is 19. 208 of the 1,256 licensees
(17%) have been licensed five years or less. 590 or 47% of licensees have been licensed 20 years or
more.
Attached is a copy of the data and licensee comments from the survey. You’ll see that for timeliness,
providing services correctly the first time and helpfulness, the agency scored very well.
Availability of information received a lower score than other questions. That could be related to the look
and functionality of the website, but there were also comments about lack of return phone calls and
availability of staff via phone.
When compared to other state licensing boards, one third of the agency’s licensees answered not
applicable, another third answered that OBO is above average or excellent.
OBO licensees earn continuing education credit by:
1. Attending live courses outside of Oregon
2. Attending live courses in Oregon
3. Online courses
They locate continuing education courses by:
1. Other physician emails
2. Pacific University
3. OOPA email
When looking at the ease of reporting CE, the overall score was 3.06, but a third of licensees answered
poor or don’t know, a third answered average and the final third was above average or excellent. There
were critical comments later in the survey on the requirement to submit original CE certificates, OBO
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not accepting CE Tracker and the suggestion that OBO provide an electronic fillable form to report CE
credit.
54% of survey respondents knew that there was no live CE requirement anymore. Information will be
provided in the new agency newsletter to remind licensees about this change.
49% of respondents knew that they can earn 1 hour of CE credit by attending an OBO Board meeting but
85% of respondents have never attended an OBO board meeting.
The most often uses of OBO’s website are:
1. Looking up the agency’s laws and rules
2. The OBO newsletter
3. Looking up OBO contact information
80% of respondents contact the agency between 1-3 times per year
When asked how they prefer to get information from OBO, the responses were:
1. Email
2. U.S. Mail
3. Website
When asked about online licensing renewal, 83% were favorable about it and 84% respondents wanted
to see online payment options as well.
When asked if OBO’s board met outside of Salem, if they would attend a board meeting, 75% of
respondents answered no or maybe.
Survey respondents were:
52% of them were licensed 20 or more years
18% were licensed 0-5 years
78% are actively licensed
22% are inactively licensed
48% are actively licensed in more than one state. When asked about serving on the OBO board, 47
licensees provided their license information for future contact.
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