74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
Senate Bill 147
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor Theodore R.
Kulongoski for Board of Medical Examiners)
CHAPTER ................
AN ACT
Relating to Board of Medical Examiners for the State of Oregon;
creating new provisions; and amending ORS 343.146, 677.120,
677.235, 677.265, 677.290, 677.485, 677.677 and 677.830.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 677.235 is amended to read:
677.235. (1) The { - Board of Medical Examiners for the State
of Oregon - } { + Oregon Medical Board + } consists of 12
members appointed by the Governor. Seven of the members shall be
appointed from among persons having the degree of Doctor of
Medicine, two from among persons having the degree of Doctor of
Osteopathy and one from among persons having the degree of Doctor
of Podiatric Medicine. Of the seven members who hold the degree
of Doctor of Medicine, there shall be at least one member
appointed from each federal congressional district. In addition
to the 10 named persons described, there shall be appointed two
public members representing health consumers. All persons
appointed must have been residents of this state for at least
seven years. The physician members and the member who is a
podiatric physician and surgeon must have been in the active
practice of their profession for at least five years immediately
preceding their appointment. Neither the public members nor any
person within the immediate family of the public members shall be
employed as a health professional or in any health-related
industry. The public members shall be members of the
investigative committee of the board. The member of the board who
is a podiatric physician and surgeon may vote only on a matter
before the board that has been determined by the board to involve
a podiatric physician and surgeon.
(2) Not later than February 1 of each year, the Oregon Medical
Association shall nominate three qualified physicians for each
physician member of the board whose term expires in that year,
and shall certify its nominees to the Governor. Not later than
February 1 of each odd-numbered year, the Osteopathic Physicians
and Surgeons of Oregon, Inc., shall nominate three physicians
possessing the degree of Doctor of Osteopathy and shall certify
its nominees to the Governor. Not later than February 1 of each
third year, the Oregon Podiatric Medical Association shall
nominate three podiatric physicians and surgeons possessing the
Enrolled Senate Bill 147 (SB 147-INTRO) Page 1
degree of Doctor of Podiatric Medicine and shall certify its
nominees to the Governor. The Governor shall consider these
nominees in selecting successors to retiring board members.
(3) Each member of the board shall serve for a term of three
years beginning on March 1 of the year the member is appointed
and ending on the last day of February of the third year
thereafter. No member shall serve more than two consecutive
terms. If a vacancy occurs on the board, another qualifying
member possessing the same professional degree or fulfilling the
same public capacity as the person whose position has been
vacated shall be appointed as provided in this section to fill
the unexpired term.
(4) All appointments of members of the board by the Governor
are subject to confirmation by the Senate in the manner provided
in ORS 171.562 and 171.565.
SECTION 2. { + (1) The amendments to ORS 677.235 by section 1
of this 2007 Act are intended to change the name of the 'Board of
Medical Examiners for the State of Oregon' to the 'Oregon Medical
Board. '
(2) For the purpose of harmonizing and clarifying statute
sections published in Oregon Revised Statutes, the Legislative
Counsel may substitute for words designating the 'Board of
Medical Examiners for the State of Oregon' or the 'Board of
Medical Examiners,' wherever they occur in Oregon Revised
Statutes, other words designating the 'Oregon Medical Board.' + }
SECTION 3. ORS 677.290 is amended to read:
677.290. (1) All moneys received by the { - Board of Medical
Examiners for the State of Oregon - } { + Oregon Medical
Board + } under this chapter shall be paid into the General Fund
in the State Treasury and placed to the credit of the { - Board
of Medical Examiners Account - } { + Oregon Medical Board
Account + } which is established. Such moneys are appropriated
continuously and shall be used only for the administration and
enforcement of this chapter.
(2) Notwithstanding subsection (1) of this section { + , + }
the board may maintain a revolving account in a sum not to exceed
$50,000 for the purpose of receiving and paying pass-through
moneys relating to peer review pursuant to its duties under ORS
441.055 (6) and (7) and in administering programs pursuant to its
duties under this chapter relating to the education and
rehabilitation of licensees in the areas of chemical substance
abuse, inappropriate prescribing and medical competence. The
creation of and disbursement of moneys from the revolving account
shall not require an allotment or allocation of moneys pursuant
to ORS 291.234 to 291.260. All moneys in the account are
continuously appropriated for purposes set forth in this
subsection.
(3) Each year $10 shall be paid to the Oregon Health and
Science University for each actively in-state registered
physician under ORS 677.265 which amount is continuously
appropriated to the Oregon Health and Science University to be
used in maintaining a circulating library of medical and surgical
books and publications for the use of practitioners of medicine
in this state, and when not so in use to be kept at the library
of the School of Medicine and accessible to its students. The
balance of the money received by the board is appropriated
continuously and shall be used only for the administration and
enforcement of this chapter, but any part of the balance may,
upon the order of the board, be paid into the circulating library
fund.
Enrolled Senate Bill 147 (SB 147-INTRO) Page 2
SECTION 4. ORS 343.146 is amended to read:
343.146. (1) To receive special education, children with
disabilities shall be determined eligible for special education
services under a school district program approved under ORS
343.045 and as provided under ORS 343.221.
(2) Before initially providing special education, the school
district shall ensure that a full and individual evaluation is
conducted to determine the child's eligibility for special
education and the child's special educational needs.
(3) Eligibility for special education shall be determined
pursuant to rules adopted by the State Board of Education.
(4) Each school district shall conduct a reevaluation of each
child with a disability in accordance with rules adopted by the
State Board of Education.
(5) If a medical or vision examination or health assessment is
required as part of an initial evaluation or reevaluation, the
evaluation shall be given:
(a) In the case of a medical examination, by a physician
licensed to practice by a state board of medical examiners { +
or a state medical board + };
(b) In the case of a health assessment, by a nurse licensed by
a state board of nursing and specially certified as a nurse
practitioner or by a licensed physician assistant; and
(c) In the case of a vision examination, by an ophthalmologist
or optometrist licensed by a state board.
SECTION 5. ORS 677.120 is amended to read:
677.120. (1) As used in this section, 'health clinic' means a
public health clinic or a health clinic operated by a charitable
corporation that mainly provides primary physical health, dental
or mental health services to low-income patients without charge
or using a sliding fee scale based on the income of the patient.
(2) A physician and surgeon who lawfully has been issued a
license to practice in another state or territory of the United
States or the District of Columbia, the qualifications and
licensing examinations of which are substantially similar to
those of the State of Oregon, may be licensed by the { - Board
of Medical Examiners for the State of Oregon - } { + Oregon
Medical Board + } to practice medicine in this state without
taking an examination, except when an examination is required
under subsection (3) or (4) of this section.
(3) A person described in subsection (2) of this section, whose
application is based on a license issued in another state or
territory or the District of Columbia, certification of the
National Board of Medical Examiners of the United States, the
National Board of Examiners for Osteopathic Physicians and
Surgeons or the Medical Council of Canada or successful
completion of the United States Medical Licensing Examination, 10
years or more prior to the filing of an application with the
{ - board - } { + Oregon Medical Board + } or who has ceased
the practice of medicine for 12 or more consecutive months, may
be required by the board to take an examination.
(4) A person described in subsection (2) of this section who
volunteers at a health clinic and whose application is based on a
license issued in another state or territory or the District of
Columbia, certification of the National Board of Medical
Examiners of the United States, the National Board of Examiners
for Osteopathic Physicians and Surgeons or the Medical Council of
Canada or successful completion of the United States Medical
Licensing Examination or the Federation Licensing Examination may
be required by the { - board - } { + Oregon Medical Board + }
Enrolled Senate Bill 147 (SB 147-INTRO) Page 3
to take a national licensing examination if the person has ceased
the practice of medicine for 24 or more consecutive months
immediately prior to filing the application.
(5) The { - board - } { + Oregon Medical Board + } shall
make the application under subsection (4) of this section
available online. A physician and surgeon applying for a license
under subsection (4) of this section shall pay to the board an
application fee as determined by the board pursuant to ORS
677.265.
SECTION 6. ORS 677.265 is amended to read:
677.265. In addition to any other powers granted by this
chapter, the { - Board of Medical Examiners for the State of
Oregon - } { + Oregon Medical Board + } may:
(1) Adopt necessary and proper rules for administration of this
chapter including but not limited to:
(a) Establishing fees and charges to carry out its legal
responsibilities, subject to prior approval by the Oregon
Department of Administrative Services and a report to the
Emergency Board prior to adopting the fees and charges. The fees
and charges shall be within the budget authorized by the
Legislative Assembly as that budget may be modified by the
Emergency Board. The fees and charges established under this
section may not exceed the cost of administering the program or
the purpose for which the fee or charge is established, as
authorized by the Legislative Assembly for the { - board's - }
{ + Oregon Medical Board's + } budget, or as modified by the
Emergency Board or future sessions of the Legislative Assembly.
(b) Establishing standards and tests to determine the moral,
intellectual, educational, scientific, technical and professional
qualifications required of applicants for licenses under this
chapter.
(c) Enforcing the provisions of this chapter and exercising
general supervision over the practice of medicine and podiatry
within this state. In determining whether to discipline a
licensee for a standard of care violation, the { - board - }
{ + Oregon Medical Board + } shall determine whether the
licensee used that degree of care, skill and diligence that is
used by ordinarily careful physicians or podiatric physicians and
surgeons in the same or similar circumstances in the community of
the physician or podiatric physician and surgeon or a similar
community.
(2) Issue, deny, suspend and revoke licenses and limited
licenses, assess costs of proceedings and fines and place
licensees on probation as provided in this chapter.
(3) Use the gratuitous services and facilities of private
organizations to receive the assistance and recommendations of
the organizations in administering this chapter.
(4) Make its personnel and facilities available to other
regulatory agencies of this state, or other bodies interested in
the development and improvement of the practice of medicine or
podiatry in this state, upon terms and conditions for
reimbursement as are agreed to by the { - board - }
{ + Oregon Medical Board + } and the other agency or body.
(5) Appoint examiners, who need not be members of the
{ - board - } { + Oregon Medical Board + }, and employ or
contract with the American Public Health Association or the
National Board of Medical Examiners or other organizations,
agencies and persons to prepare examination questions and score
examination papers.
Enrolled Senate Bill 147 (SB 147-INTRO) Page 4
(6) Determine the schools, colleges, universities, institutions
and training acceptable in connection with licensing under this
chapter. All residency, internship and other training programs
carried on in this state by any hospital, institution or medical
facility shall be subject to approval by the { - board - }
{ + Oregon Medical Board + }. The board shall accept the
approval by the American Osteopathic Association or the American
Medical Association { + in lieu of approval by the board + }.
(7) Prescribe the time, place, method, manner, scope and
subjects of examinations under this chapter.
(8) Prescribe all forms that it considers appropriate for the
purposes of this chapter, and require the submission of
photographs and relevant personal history data by applicants for
licensure under this chapter.
(9) For the purpose of requesting a state or nationwide
criminal records check under ORS 181.534, require the
fingerprints of a person who is:
(a) Applying for a license that is issued by the board;
(b) Applying for renewal of a license that is issued by the
board; or
(c) Under investigation by the board.
(10) Administer oaths, issue notices and subpoenas in the name
of the board, enforce subpoenas in the manner authorized by ORS
183.440, hold hearings and perform such other acts as are
reasonably necessary to carry out its duties under this chapter.
SECTION 7. ORS 677.485 is amended to read:
677.485. Prior to commencing the treatment of intractable pain
as allowed under ORS 677.474, the physician shall provide to the
person and the person shall sign a written notice, provided and
approved by the { - board - } { + Oregon Medical Board + },
disclosing the material risks associated with the prescribed or
administered controlled substances to be used in the course of
the physician's treatment of that person.
SECTION 8. ORS 677.677 is amended to read:
677.677. In addition to any other powers granted by ORS 677.615
to 677.677, the { - Board of Medical Examiners - } { + Oregon
Medical Board + } may adopt necessary and proper rules for
administration of ORS 677.615 to 677.677 including, but not
limited to, establishing fees and charges to carry out its legal
responsibilities, subject to prior approval by the Oregon
Department of Administrative Services and a report to the
Emergency Board prior to adopting the fees and charges. The fees
and charges established under this section shall not exceed the
cost of administering the program of the Diversion Program
Supervisory Council, as authorized by the Legislative Assembly
within the { - board's - } { + Oregon Medical Board's + }
budget, or as the budget may be modified by the Emergency Board,
and shall be maintained in an account separate from other funds
of the { - board - } { + Oregon Medical Board + }.
SECTION 9. ORS 677.830 is amended to read:
677.830. (1) Notwithstanding the provisions of ORS 677.825, the
{ - Board of Medical Examiners - } { + Oregon Medical
Board + } may issue a license to practice podiatry without a
written examination of the applicant if the applicant has a
license to practice podiatry issued by a licensing agency of
another state or territory of the United States and the applicant
complies with the other provisions of ORS 677.805 to 677.840.
Such a license shall not be issued unless the requirements,
including the examination for such license are substantially
similar to the requirements of this state for a license to
Enrolled Senate Bill 147 (SB 147-INTRO) Page 5
practice podiatry. The board shall adopt rules governing the
issuance of licenses to persons applying under this section. The
license may be evidenced by a certificate of the board indorsed
on the license issued by the other state or territory, or by
issuance of a license as otherwise provided by ORS 677.805 to
677.840.
(2) The { - board - } { + Oregon Medical Board + } may
accept a certificate of successful examination issued by the
National Board of Podiatry Examiners in lieu of a written
examination given by the { - board - } { + Oregon Medical
Board + }.
(3) The { - board - } { + Oregon Medical Board + } may
require an applicant under subsection (1) or (2) of this section
to take an oral examination conducted by one or more members of
the board.
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Passed by Senate February 19, 2007
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House April 3, 2007
...........................................................
Speaker of House
Enrolled Senate Bill 147 (SB 147-INTRO) Page 6
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled Senate Bill 147 (SB 147-INTRO) Page 7