OAR 852-060-0028: Definition of Gross Ignorance or Inefficiency

In determining gross ignorance or inefficiency within the meaning of ORS 683.140(1)(c) the Board may take into account relevant factors and practices, including but not limited to the standard of practice generally and currently followed and accepted by persons licensed to practice optometry in this state, the current teachings at accredited optometry schools, relevant technical reports published in recognized optometry journals, and the desirability of reasonable experimentation in the furtherance of the practice of optometry. Gross Ignorance or Inefficiency may include, but is not limited to: (1) Lacking the knowledge or ability to discharge professional obligations within the practice of optometry. (2) Deviating from the standards of learning or skill ordinarily possessed and applied by other practitioners in the state of Oregon acting in the same or similar circumstances. (3) Failing to exercise the degree of care which is ordinarily exercised by the average practitioner acting in the same or similar circumstances. (4) Failing to conform to the minimal standard of acceptable and prevailing practice of optometry in this state. (5) Failing to perform adequate testing or failing to use test results to assess the patient and prepare an adequate plan of care. (6) Failing to adequately document patient care provided, maintain adequate patient records, and/or to document patient care or plan of care. (7) Exceeding the scope of practice. (8) Any practice or conduct that does, or might, constitute a danger to the health or safety of the patient. (9) Any conduct, practice or condition that does or might adversely affect an optometrist's ability to safely and skillfully practice optometry. (10) Gross malpractice or repeated malpractice. (11) Failing to timely comply with provisions of federal law or state statute governing the practice of optometry.