Law 650: Optometry Code of Ethics

Law 650 of 2001: Professional Optometry Code of Ethics

• Optometry is a healthcare profession requiring university-level qualifications with a scientific, technical, and humanistic foundation
• It includes preventing and correcting eye and visual system diseases through examination, diagnosis, treatment, and management
• Optometry aims to achieve visual efficiency and eye health, while also recognizing and diagnosing systemic conditions related to the eye which improve quality of life for individuals and communities
• The professional honor of an optometrist involves dedicating all professional capacity, without reservation, to their patient, with love, consecration, responsibility, and good faith
• Their objective is to prevent, promote, assist, rehabilitate, and readapt visual and ocular alterations

Optometrist's Role and Responsibilities

• Optometrists are servants of society and must adhere to demands derived from human nature and dignity
• Providing quality professional services with privacy and timeliness is their primary obligation
• Their knowledge, capabilities, and experiences form the foundation of their profession
• Continuous updating of knowledge and honesty in practice aims to provide optimal service delivery
• Optometrists must respect and uphold the profession with prudence and integrity, not employing their knowledge illegally or immorally, or using procedures that undermine patient or community well-being
• Due to the social function of their profession, optometrists must maintain public and private conduct adhering to the highest precepts of universal morality

Ethical Conduct and Professionalism

• Optometrists should be models of courtesy and integrity in their public and private lives, respecting their honor, dignity, and that of their colleagues through their example
• They must offer professional services without discrimination based on nationality, race, religion, sex, social, political, or economic status, avoiding actions that demean their profession
• Optometrists are entitled to fair compensation for their work, which constitutes their normal means of subsistence

Code Application and Scope

• The code governs the ethical practice of optometry, covering all legally practicing optometrists in Colombia with guaranteed due process, presumption of innocence, good faith, and prevalence of substantive law
• The optometric community or its associations will ensure compliance without exception.

Professional Practice Guidelines: Patient Relations

• Optometrists extend the benefits of their profession to all in need, following code limitations
• They must refuse services contrary to morals or good customs, or when conditions interfere with free and correct practice
• Optometry services are based on the patient's free choice of optometrist, respected in institutional settings
• Optometrists respect the patient's freedom to discontinue services and must inform patients of risks, uncertainties, and circumstances that could compromise treatment outcomes

Patient Care and Confidentiality

• An optometrist's attitude towards a patient should be supportive, avoiding unwarranted concern, and refraining from prognoses of visual alterations and eye diseases without sufficient scientific basis
• The office should be maintained with decorum and necessary equipment for optometry services as required by law
• It's prohibited to perform or allow any act contrary to the law, morals, or patient dignity and autonomy in the office
• Optometrists must dedicate the necessary time for adequate visual health evaluation, diagnosis, and prescription, ordering necessary complementary exams to clarify the diagnosis
• Optometrists must attend to any person requiring urgent services within their specialty, making referrals, inter-consultations, and counter-referrals to other professionals when necessary for diagnosis or treatment
• Optometrists must keep patient's private matters confidential, regarding all confidences and visual status as mandatory professional secrets, unless legally required otherwise, and must instruct auxiliary personnel in maintaining professional secrecy

Research and Experimental Treatments

• Optometrists should refrain from experimental clinical techniques, formulations, or treatments without strict scientific justification, patient information, and authorization
• Research must comply with Resolution 8430 of 1993 by the Ministry of Health or its modifying norms
• Unauthorized exams, diagnoses, and treatments, as well as unnecessary treatments for which they are not trained, are prohibited
• Optometrists must not practice while mentally incapacitated, suffering from toxicomania, disease, or functional limitations that endanger patient health

Fees and Dispute Resolution

• Economic compensation for professional services is a right, with optometrists setting fees based on scientific standing, treatment importance, and patient circumstances, agreed upon in advance, subject to government tariffs for services provided to entities under Law 100 of 1993
• Disputes between optometrists and patients regarding services can be resolved by the Sectional Tribunal of Optometric Ethics
• Optometrists should provide free check-up examinations for patients dissatisfied with their prescriptions or instructions, if requested within a sensible timeframe

Relations with Colleagues: Professionalism

• Optometrists must show their colleagues the utmost respect, consideration, loyalty, solidarity, and appreciation, avoiding offensive personal remarks
• They should abstain from unfavorably judging or criticizing colleagues' professional or private actions, except when acting as an expert or judge of professional conduct
• Patients referred by colleagues should be promptly attended, and returned with complete exam and diagnosis reports
• The referring optometrist should always make the prescription and final disposition unless specifically authorized otherwise
• The optometrist should stick to their specialty when caring for a referred patient and not offer different treatments than authorized
• Optometrists should aid colleagues facing misfortune, tragedy, or domestic hardship and collaborate to the best of their abilities when requested

Dispute Resolution and Reporting

• Irreconcilable professional disagreements among optometrists will be resolved by the Sectional Tribunals of Optometric Ethics in amicable manner
• Differences in criteria or opinions on optometric topics are not considered unethical if based on justifiable scientific arguments respectfully expressed
• Optometrists must report any act against professional ethics committed by a colleague to the Tribunal of Optometric Ethics in writing
• Optometrists must avoid unfair competition in their professional practice

Professional Sector Standards

• Optometrists' prescriptions must be written, including their name or the institution's name where they provide services with their signature and professional registration number according to law
• A patient's clinical history is a mandatory, private record of their visual conditions that can only be accessed by third parties with patient authorization or as provided by law
• Optometrists must properly maintain patient clinical histories by legal standards and must not allow their services, name, or silence to enable the illegal practice of optometry

Institutional Relations

• Seeking or accepting positions must adhere to professional rules, protecting the optometrist's dignity and independence, as well as the social and collective interests of service users
• Optometrists must fully comply with their professional and administrative duties, as well as their work schedules and commitments within the institutions where they provide services

Financial Ethics

• Optometrists working for public, private, or mixed entities cannot directly receive fees from patients served in these institutions, except as contractually permitted
• Optometrists should not exploit their institutional affiliation to induce patients to use their private professional services, unless expressly allowed
• Providing false reports or charging unreal fees to any entity is unethical
• Optometrists must show their colleagues and subordinate staff consideration, appreciation, and respect

Relations with Other Professionals

• Optometrists should always respect other professions, avoid making comparisons with other professionals in a way that demeans their abilities in an effort promote personal benefit.
• They should seek harmony and friendship with professionals from other disciplines and accept collaboration from related or complementary professionals, making necessary referrals and providing complete information when returning referrals

Professional Boundaries

• When optometrists believe that other professionals or individuals are encroaching their professional field they should report to the involved authorities
• Teaching optometric ethics is mandatory in optometry faculties

Community Engagement and Ethical Conduct

• Optometrists should promote measures that benefit the community's general and visual health, participate in health education, and promote accepted procedures to improve individual and community visual health
• It is desirable for optometrists to affiliate with a scientific or professional association

Government Collaboration

• Optometrists must collaborate with government entities in all matters related to their profession, either voluntarily or upon request
• Optometrists are obliged to adhere strictly to the laws of Colombia regulating optometry and are prohibited from usurping titles or exaggerating their qualifications

Societal Contribution and Education

• Optometrists should actively support community welfare initiatives, especially those related to optometry
• They should assist in training future professionals in the country's educational institutions, promoting love for science and their profession without restrictions.
• They should abide by the law, the principles of science, educational theory, and professional ethics should they direct, or create institutions for optometry education

Legal Compliance

• Optometrists may assist the legal system in cases specified by law as designated experts, fulfilling their duties professionally, considering the importance of their task to society and truth-seeking
• Optometrists conduct thorough examinations to diagnose both local-cause and systemic-origin eye diseases

Intellectual Property and Advertising

• Optometrists' professional services advertisements must comply with these laws and not advertise visual health treatments, relief, or cures through methods lacking scientific validation
• Advertisements have to give any earned legally recognized title
• They won't support publications not accurately mirroring scientific proven evidence, mislead, personal promotion, or infringe on investigations
• Optometrists will adhere to copyright/intellectual property rules.

Common Ethical Violations

• Optometrists would be found in "Common Ethical Violations" for:
• Drug prescription, unaccepted unapproved therapy, or unauthorized diagnostic
• Taking advantage of institution affiliation
• History falsification
• Substitution of qualified colleagues
• Spreading false information of their profession
• Unfair competitor practices
• Lack of respect for other service provider's selection
• Sexual violence, slander, assault of patients or colleagues
• Overcharging, and benefiting from one's ignorance
• Breach of privacy
• Failure to provide health information to the patient
• Violating confidentiality.
• Incomplete/clandestine formulation
• Exercising without meeting requirements

Sanctions

• Tribunals are responsible for determining ethic based on the offense, repetitions, damages, circumstances, consequences, criminal record, and the optometrist is subject to:
• Private tribunal reproval
• Public tribunal condemnation
• Temporarily losing optometry licensure (2 months to 5 years suspension)
• Excommunication of optometry/license

Ethics Tribunal and Disciplinary Regime

• A National Optometric Ethics Tribunal will be established in the Republic’s capital to hear cases arising from code violations
• Ethics Tribunal members will have 5 members nominated by the National Professional Technical Council, Colombiana de Optómetras federation, and recognized groups
• Tribunals will consider specialty diversity and be elected by the Technical Council from candidate lists provided by Fedopto, Ascofaop, and other recognized groups
• Tribunal members need be of Colombian background, possess moral clarity/ professional fitness, and an average of 15-year experience, or 10 years in the field, and be able to act impartially with procedural knowledge.

Tribunal Powers and Responsibilities

• National Tribunal responsibilites would include:
• Sectional branch member selection
• Unparalleled inquiry of the local branch
• Appeal decisions and no increase of sanctions when an offender submits new documents
• Handling caseloads for clear communication
• Managing ethical functions
• Appointment for replacing the primary ten seats/ annual designation
• In events of ethical concerns, the tribunal needs take 3 months-1 year for the ethical concerns and needs give interim membership, with its own internal policy with financial laws.
• Bias concepts, restricted to their own knowledge must be excused as necessary.

Ethical Process and Procedures

• Sectional/National Branch impediment will require appointment for 10 candidates when there are no members
• Violations under National Tribunal control will be conducted by five members

Local Tribunal

• The local tribunal will maintain districts to handle specific case areas, conduct inquiries, and implement action, while keeping standards.
• As designated legal experts, Local Tribunal members are expected to act impartially within the established procedural requirements to avoid external influence in case
• Ethics Tribunal must ensure a just, speedy professional trial, with law, equity, standards as necessary.

Tribunal Membership Criteria

• Section leaders will have 8 yr background, recognized credentials with morality/fitness and ethical practice
• Appointments will be given for 2-year terms. Some of the local members take first place when possessing integrity.

Tribunal Authority

• Ethical misconduct or impediments from colleagues requires Ethical Tribunal's local/national branch to do what's permitted
• National Professional Technical Council must uphold bylaw for all the members with education and conduct
• Council must set laws and financial provisions, and give credentials to qualified applicants
• Must collaborate with all relevant groups to promote optometry and develop new strategies.
• Ensure members will not discriminate, with no outside interference.

Implementation and Enforcement

• Optometrists undergoing ethical review needs to follow the laws, with clear intent. The principles of integrity must rule judgements
• All must abide by the law regarding optometry

Ethical Procedure Factors

• Ethical trials seek to mandate and secure violations, of which if violated that requires an indictment. The natural person must present violation information
• A non-trial may occur in 1 month if no violation is involved. They are not obligated to perform when there is proven innocence, they are only authorized in the trial.

Accountability and Transparency

• Professional information will receive charge notices, with ten days to respond to legal help
• Legal instruction will set optometrist status with patient record, optometrist account, and accountability
• Professional may call for more ethical conduct from their authority or team
• The process of misconduct will occur once certain standards have been transgressed.

Judgement & Appeals

• Judgement will be provided according to optometry laws and authority
• Re-evaluation may ensue in 15 days, and appeals for ethical violations
• All National Board of Tribunal decision will be personal.
• There can be "notifying optometrist decision, the investigation opening, preclusion investigation, and practice refusal". There will be annotations for contact attempts or secretaries may add 3-5 days to a notice
• If a tribunal is received, ethical leaders must offer resolution within 15 days.

Ethics Code

• Cases of Code being null and void will be due to:
• Official incompetence
• Deficient procedure

Legal Authority: Review & Limitations

• Action of the Code would be 5yr and require sanctions. Where not provided, review the Code of Procedure