Chapter 785 Oregon Laws 1999

Session Law

 

AN ACT

 

SB 606

 

Relating to podiatry; creating new provisions; and amending ORS 677.010 and 677.805.

 

Be It Enacted by the People of the State of Oregon:

 

      SECTION 1. ORS 677.010 is amended to read:

      677.010. As used in this chapter, subject to the exemptions in ORS 677.060 and unless the context requires otherwise:

      (1) "Approved internship" means the first year of post-graduate training served in a hospital that is approved by the board or by the Accreditation Council of Graduate Medical Education, the American Osteopathic Association or the Royal College of Physicians and Surgeons of Canada.

      (2) "Board" means the Board of Medical Examiners for the State of Oregon.

      (3) "Diagnose" means to examine another person in any manner to determine the source or nature of a disease or other physical or mental condition, or to hold oneself out or represent that a person is so examining another person. It is not necessary that the examination be made in the presence of such other person; it may be made on information supplied either directly or indirectly by such other person.

      (4) "Dispense" means the preparation and delivery of a prescription drug, pursuant to a lawful order of a practitioner, in a suitable container appropriately labeled for subsequent administration to or use by a patient or other individual entitled to receive the prescription drug.

      (5) "Dispensing physician" means a physician who purchases prescription drugs for the purpose of dispensing them to patients or other individuals entitled to receive the prescription drug and who dispenses them accordingly.

      (6) "Drug" means all medicines and preparations for internal or external use of humans, intended to be used for the cure, mitigation or prevention of diseases or abnormalities of humans, which are recognized in any published United States Pharmacopoeia or National Formulary, or otherwise established as a drug.

      (7) "Fellow" means an individual who has not qualified under ORS 677.100 (1) and (2) and who is pursuing some special line of study as part of a supervised program of a school of medicine, a hospital approved for internship or residency training, or an institution for medical research or education that provides for a period of study under the supervision of a responsible member of that hospital or institution, such school, hospital or institution having been approved by the board.

      (8) "Impaired physician" means a physician who is unable to practice medicine with reasonable skill and safety by reason of mental illness; physical illness, including, but not limited to, physical deterioration that adversely affects cognition, motor or perceptive skill; or habitual or excessive use or abuse of drugs, alcohol or other substances that impair ability.

      (9) "Intern" means an individual who has entered into a hospital or hospitals for the first year of post-graduate training.

      (10) "License" means permission to practice, whether by license, registration or certification.

      (11) "Licensee" means an individual holding a valid license issued by the board.

      (12) "Physician" means any person who holds a degree of Doctor of Medicine or Doctor of Osteopathy.

      (13) "Podiatric physician and surgeon" means a podiatric physician and surgeon licensed under ORS 677.805 to 677.855 to treat ailments of the human foot, ankle and tendons directly attached to and governing the function of the foot and ankle.

      (14) "Prescribe" means to direct, order or designate the use of or manner of using by spoken or written words or other means.

      (15) "Resident" means an individual who, after the first year of post-graduate training, in order to qualify for some particular specialty in the field of medicine, pursues a special line of study as part of a supervised program of a hospital approved by the board.

      (16) "Approved school of medicine" means a school offering a full-time resident program of study in medicine or osteopathy leading to a degree of Doctor of Medicine or Doctor of Osteopathy, such program having been fully accredited or conditionally approved by the Liaison Committee on Medical Education, or its successor agency, or the American Osteopathic Association, or its successor agency, or having been otherwise determined by the board to meet the association standards as specifically incorporated into board rules.

      SECTION 2. ORS 677.805 is amended to read:

      677.805. As used in ORS 677.805 to 677.855:

      (1) "Ankle" means the tibial plafond and its posterolateral border or posterior malleolus, the medial malleolus, the distal fibula or lateral malleolus, and the talus.

      [(1)] (2) "Board" means the Board of Medical Examiners for the State of Oregon.

      [(2)] (3) "Council" means the Advisory Council on Podiatry.

      [(3)] (4) "Podiatric physician and surgeon" means a podiatric physician and surgeon whose practice is limited to treating ailments of the human foot, ankle and tendons directly attached to and governing the function of the foot and ankle.

      [(4)] (5) "Podiatry" means the diagnosis or the medical, physical or surgical treatment of ailments of the human foot, ankle and tendons directly attached to and governing the function of the foot and ankle, except treatment involving the use of a general or spinal anesthetic unless the treatment is performed in a hospital certified in the manner described in ORS 441.055 (2) or in an ambulatory surgical center certified by the Health Division and is under the supervision of or in collaboration with a physician licensed to practice medicine by the Board of Medical Examiners for the State of Oregon. "Podiatry" does not include the administration of general or spinal anesthetics or the amputation of the entire foot.

      SECTION 3. Section 4 of this 1999 Act is added to and made a part of ORS 677.805 to 677.855.

      SECTION 4. Surgery of the ankle as defined in ORS 677.805 must be conducted:

      (1) In a hospital certified in the manner described in ORS 441.055 (2) or in an ambulatory surgical center certified by the Health Division; and

      (2) By a podiatric physician and surgeon who meets the qualifications for ankle surgery established by rule of the Board of Medical Examiners.

 

Approved by the Governor July 19, 1999

 

Filed in the office of Secretary of State July 19, 1999

 

Effective date October 23, 1999

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