OAR 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.