Chapter 549 Oregon Laws 1999
Session Law
AN ACT
SB 600
Relating to the practice of
medicine across state lines.
Whereas due to technological advances and changing practice
patterns, the practice of medicine has changed; and
Whereas it is the policy of this state to encourage
technological advances in every professional field; and
Whereas certain technological advances in the practice of
medicine are in the public interest; and
Whereas the practice of medicine across state lines is
occurring with increasing frequency; and
Whereas the practice of medicine is a privilege and the
licensing of physicians practicing in this state is necessary for the
protection of the citizens of this state; and
Whereas through technological advances it is now possible for a
physician outside of this state to practice medicine within this state; and
Whereas for the public health, welfare and safety of its
citizens, the State of Oregon finds it necessary to have the ability to license
and discipline those physicians practicing medicine across state lines; now,
therefore,
Be It Enacted by the People of the State of Oregon:
SECTION 1. Sections 2 to 6 of this 1999 Act are added
to and made a part of ORS chapter 677.
SECTION 2. As used in sections 2 to 6 of this 1999
Act, "the practice of medicine across state lines" means:
(1) The rendering directly
to a person of a written or otherwise documented medical opinion concerning the
diagnosis or treatment of that person located within this state for the purpose
of patient care by a physician located outside this state as a result of the
transmission of individual patient data by electronic or other means from
within this state to that physician or the physician's agent; or
(2) The rendering of medical
treatment directly to a person located within this state by a physician located
outside this state as a result of the outward transmission of individual
patient data by electronic or other means from within this state to that
physician or the physician's agent.
SECTION 3. (1) A person may not engage in the practice
of medicine across state lines, claim qualification to engage in the practice
of medicine across state lines or use any title, word or abbreviation to
indicate or to induce another to believe that the person is licensed to engage
in the practice of medicine across state lines unless the person is licensed in
accordance with section 4 of this 1999 Act.
(2) Sections 2 to 6 of this
1999 Act do not apply to a physician engaging in the practice of medicine
across state lines in an emergency, as defined by rule of the Board of Medical
Examiners.
(3) Sections 2 to 6 of this
1999 Act do not apply to a licensed physician located outside this state who:
(a) Consults with another
physician licensed to practice medicine in this state; and
(b) Does not undertake the
primary responsibility for diagnosing or rendering treatment to a patient
within this state.
(4) Sections 2 to 6 of this
1999 Act do not apply to a licensed physician located outside this state who
has an established physician-patient relationship with a person who is in
Oregon temporarily and who requires the direct medical treatment by that physician.
SECTION 4. (1) Upon application, the Board of Medical
Examiners may issue to an out-of-state physician a license for the practice of
medicine across state lines if the physician holds a full, unrestricted license
to practice medicine in any other state of the United States, has not been the
recipient of a professional sanction by any other state of the United States
and otherwise meets the standards for Oregon licensure under this chapter.
(2) In the event that an
out-of-state physician has been the recipient of a professional sanction by any
other state of the United States, the board may issue a license for the
practice of medicine across state lines if the board finds that the sanction
does not indicate that the physician is a potential threat to the public
interest, health, welfare and safety.
(3) A physician shall make
the application on a form provided by the board, accompanied by nonrefundable
fees for the application and the license in amounts determined by rule of the
board. The board shall adopt necessary and proper rules to govern the renewal
of licenses issued under this section.
(4) A license for the
practice of medicine across state lines is not a limited license for purposes
of ORS 677.132.
(5) A license for the
practice of medicine across state lines does not permit a physician to practice
medicine in this state except when engaging in the practice of medicine across
state lines.
SECTION 5. (1) A physician issued a license under
section 4 of this 1999 Act is subject to all the provisions of this chapter and
to all the rules of the Board of Medical Examiners. A physician issued a
license under section 4 of this 1999 Act has the same duties and
responsibilities and is subject to the same penalties and sanctions as any
other physician licensed under this chapter.
(2) A physician issued a
license under section 4 of this 1999 Act may not:
(a) Act as a dispensing
physician as defined in ORS 677.010;
(b) Administer controlled
substances for the treatment of intractable pain to a person located within
this state;
(c) Employ a physician
assistant as defined in ORS 677.495 to treat a person located within this state;
(d) Claim the tax deduction
provided by ORS 316.076;
(e) Participate in the Rural
Health Services Program under ORS 442.550 to 442.570; or
(f) Assert a lien for
services under ORS 87.555.
SECTION 6. A physician licensed under section 4 of
this 1999 Act shall comply with all patient confidentiality requirements of
this state, except as those requirements are expressly prohibited by the law of
any other state of the United States where a person's medical records are
maintained.
Approved by the Governor
July 8, 1999
Filed in the office of
Secretary of State July 8, 1999
Effective date October 23,
1999
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