(1) As used in this section:

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(a) ‘Eye examination’ means an assessment of a patient’s ocular health and visual status, including but not limited to objective refractive data or information generated by an automated testing device, such as an autorefractor, that is used to establish a medical diagnosis or to determine a refractive error.

(b) ‘Optometric clinical health care services’ includes, but is not limited to, assessment, consultation, diagnosis, patient education and care management by a licensed optometrist.

(c) ‘Store and forward’ means the transmission of patient information between a licensed optometrist and a patient, whether or not in real time.

(d)(A) ‘Telehealth’ means the use of electronic and telecommunications technologies, including remote patient monitoring devices and store and forward technology, to support delivery of optometric clinical health care services.

(B) ‘Telehealth’ does not include electronic mail communication, facsimile transmission or audio-only telephone communication between a licensed optometrist and a patient, or the use of an automated computer program or managed website to diagnose or treat ocular or refractive conditions.

(e) ‘Telemedicine’ means the delivery of optometric clinical health care services to a patient by a licensed optometrist through telehealth.

(2) A licensed optometrist may engage in the practice of telemedicine if:

(a) The licensed optometrist provides notice to the patient that the licensed optometrist intends to practice telemedicine prior to engaging in the practice of telemedicine with the patient;

(b) The patient is physically located in this state during the practice of telemedicine;

(c) The technology used in the practice of telemedicine complies with the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.), and the Health Insurance Portability and Availability Act privacy regulations, 45 C.F.R. § parts 160 and 164; and

(d) The licensed optometrist will provide the patient with an initial prescription for corrective glasses or contact lenses, and the licensed optometrist has an established patient-provider relationship with the patient that includes an in-person eye examination prior to engaging in the practice of telemedicine with the patient.

(3) If the licensed optometrist is employed by or contracts with an entity that operates exclusively through an online platform to provide corrective glasses and contact lenses, the licensed optometrist may engage in the practice of telemedicine with a patient if:

(a) The practice of telemedicine described in this subsection is not for an initial prescription for corrective glasses or contact lenses; and

(b) The patient is at least 18 years of age.

(4) The Oregon Board of Optometry may adopt rules related to the practice of telemedicine by licensed optometrists. [2019 c.234 § 2]

683.230 was added to and made a part of 683.010 to 683.310 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

(Optometric Nontopical Formulary)