70th OREGON LEGISLATIVE ASSEMBLY--1999 Regular Session
Enrolled
Senate Bill 600
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 Senator Bill Fisher for the
Oregon Medical Association)
CHAPTER ................
AN ACT
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
Enrolled Senate Bill 600 (SB 600-A) Page 1
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;
Enrolled Senate Bill 600 (SB 600-A) Page 2
(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. + }
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Passed by Senate April 19, 1999
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Secretary of Senate
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President of Senate
Passed by House May 25, 1999
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Speaker of House
Enrolled Senate Bill 600 (SB 600-A) Page 3
Received by Governor:
......M.,............., 1999
Approved:
......M.,............., 1999
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Governor
Filed in Office of Secretary of State:
......M.,............., 1999
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Secretary of State
Enrolled Senate Bill 600 (SB 600-A) Page 4