Chapter 677 — Regulation
of Medicine, Podiatry and Acupuncture
ORS sections in this chapter were
amended or repealed by the Legislative Assembly during its 2012 regular
session. See the table of ORS sections amended or repealed during the 2012
regular session: 2012 A&R Tables
New sections of law were added by
legislative action to this ORS chapter or to a series within this ORS chapter
by the Legislative Assembly during its 2012 regular session. See sections in
the following 2012 Oregon Laws chapters: 2012
Session Laws 0034
New sections of law were adopted by the
Legislative Assembly during its 2012 regular session and are likely to be
compiled in this ORS chapter. See
sections in the following 2012 Oregon Laws chapters: 2012
Session Laws 0043
2011 EDITION
MEDICINE, PODIATRY & ACUPUNCTURE
OCCUPATIONS AND PROFESSIONS
GENERAL PROVISIONS
677.010 Definitions
677.015 Statement
of purpose
677.060 Persons
and practices not within scope of chapter
677.080 Prohibited
acts
677.082 Expression
of regret or apology
677.085 What
constitutes practice of medicine
PHYSICIANS AND SURGEONS; PODIATRIC
PHYSICIANS AND SURGEONS
(Generally)
677.087 Physicians
and podiatric physicians and surgeons required to perform agreed upon surgery
personally
677.089 Physicians
and podiatric physicians and surgeons dispensing prescription drugs to do so
personally; records; required labeling information
677.092 Duty
to report prohibited conduct
677.095 Duty
of care; legal issues not precluded by investigation or administrative
proceeding
677.097 Procedure
to obtain informed consent of patient
677.099 Notice
of participation or nonparticipation in Medicare assignment program; rules
(Licensing)
677.100 Qualifications
of applicant for license
677.110 Scope
and administration of examination; certificate in lieu of examination
677.115 Expedited
license by endorsement; rules
677.120 Reciprocity
677.125 Reciprocal
agreements
677.132 Limited
license; rules
677.135 Definition
of “practice of medicine across state lines”
677.137 License
required for practice of medicine across state lines; exceptions
677.139 License
to practice medicine across state lines; application; fees
677.141 Responsibilities;
prohibited practices; confidentiality requirements
677.172 Change
of location of practice; effect
677.175 Retirement;
cessation of practice
677.184 License
to show degree held; display of license; use of degree on stationery and in
displays
677.188 Definitions
for ORS 677.190
677.190 Grounds
for suspending, revoking or refusing to grant license, registration or
certification; alternative medicine not unprofessional conduct
677.200 Disciplinary
procedure
677.202 When
procedure inapplicable
677.205 Grounds
for discipline; action by board; penalties
677.208 Hearing;
disqualification of investigating board members; judicial review
677.220 Issuance
or restoration of license after denial or revocation
677.225 Automatic
suspension of license for mental illness or imprisonment; termination of
suspension
677.228 Automatic
lapse of license for failure to pay registration fee or report change of
location; reinstatement
(Oregon Medical Board)
677.235 Oregon
Medical Board; membership; confirmation; terms; vacancies; compensation
677.240 Oaths,
officers and meetings of board
677.250 Records
to be kept
677.265 Powers
of board generally; rules; fees; physician standard of care
677.270 Proceedings
upon refusal to testify or failure to obey rule, order or subpoena of board
677.275 Administrative
law judges
677.280 Employment
of personnel
677.290 Disposition
of receipts; revolving account; medical library
677.305 Petty
cash fund
(Enforcement)
677.320 Investigation
of complaints and suspected violations
677.325 Enjoining
unlicensed practice of medicine
677.330 Duty
of district attorney and Attorney General; jurisdiction of prosecutions
677.335 Official
actions of board and personnel; privileges and immunities; scope of immunity of
complainant
(Artificial Insemination)
677.355 “Artificial
insemination” defined
677.360 Who
may select donors and perform procedure
677.365 Consent
required; filing with State Registrar of the Center for Health Statistics;
notice to physician
677.370 Who
may be donor
(Competency to Practice Medicine or
Podiatry)
677.410 Voluntary
limitation of license; removal of limitation
677.415 Investigation
of incompetence; reports to board; contents; informal interview; penalty for
failure to report official action
677.417 Medical
incompetence, unprofessional conduct, physical incapacity, impairment; rules
677.420 Competency
examination; investigation; consent by licensee; assistance
677.425 Confidential
information; immunity
677.450 Release
of certain information to health care facilities
(Administration of Controlled Substances
for Pain)
677.470 Definitions
for ORS 677.470 to 677.480
677.474 Administration
of controlled substances for pain allowed; exceptions
677.480 Discipline
(Miscellaneous)
677.490 Fees
when patient served or referred to diabetes self-management program
677.491 Reporting
toy-related injury or death; rules
677.492 Liability
of physician for acts of certain other health care providers
PHYSICIAN ASSISTANTS
677.495 Definitions
for ORS 677.495 to 677.545
677.500 Policy
677.505 Application
of provisions governing physician assistants to other health professions
677.510 Board
approval of using services of physician assistant; supervision; practice
agreement; emergency drug dispensing authority; pain management education
677.512 Licensure;
renewal; fees; rules
677.515 Medical
services rendered by physician assistant
677.518 Authority
to sign death certificate
677.520 Performance
of medical services by unlicensed physician assistant prohibited
677.525 Fees;
how determined
677.535 Limited
license
677.540 Physician
Assistant Committee; appointment; term
677.545 Duties
of committee
ACUPUNCTURISTS
677.757 Definitions
for ORS 677.757 to 677.770
677.759 License
required; qualifications; effect of using certain terms; rules
677.761 Persons
and practices not within scope of ORS 677.757 to 677.770
677.765 Unauthorized
practice by acupuncturist
677.770 Fees
677.780 Acupuncture
Advisory Committee; membership; terms
677.785 Duties
of committee
PODIATRY
(General Provisions)
677.805 Definitions
for ORS 677.805 to 677.840
677.810 License
required to practice podiatry
677.812 Surgery
on ankle; limitations
677.814 Assisting
in surgery
677.815 Application
of ORS 677.805 to 677.840
(Licensing)
677.820 Qualifications
of applicants
677.825 Examination
of applicants; issuing license; fees; reexamination
677.830 Reciprocal
licensing; use of national board examination
677.837 Continuing
podiatric education required; exemption
677.840 Fees
PENALTIES
677.990 Penalties
GENERAL PROVISIONS
677.010 Definitions.
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)
“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.
(3)
“Board” means the Oregon Medical Board.
(4)
“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.
(5)
“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.
(6)
“Dispensing physician” means a physician or podiatric physician and surgeon 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.
(7)
“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.
(8)
“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.
(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)
“Physical incapacity” means a condition that renders an individual licensed
under this chapter unable to practice under that license with professional
skill and safety by reason of physical illness or physical deterioration that
adversely affects cognition, motor or perceptive skill.
(13)
“Physician” means any person who holds a degree of Doctor of Medicine or Doctor
of Osteopathy.
(14)
“Podiatric physician and surgeon” means a podiatric physician and surgeon
licensed under ORS 677.805 to 677.840 to treat ailments of the human foot,
ankle and tendons directly attached to and governing the function of the foot
and ankle.
(15)
“Prescribe” means to direct, order or designate the use of or manner of using
by spoken or written words or other means.
(16)
“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. [Amended by 1961 c.400 §1; 1967 c.470 §3; 1979
c.778 §1; 1981 c.220 §2; 1983 c.486 §2; 1985 c.322 §9; 1989 c.830 §1; 1999
c.785 §1; 2005 c.760 §1; 2007 c.70 §301; 2009 c.756 §21]
677.012 [1971
c.649 §2; renumbered 677.495]
677.015 Statement of purpose.
Recognizing that to practice medicine is not a natural right of any person but
is a privilege granted by legislative authority, it is necessary in the
interests of the health, safety and welfare of the people of this state to
provide for the granting of that privilege and the regulation of its use, to
the end that the public is protected from the practice of medicine by
unauthorized or unqualified persons and from unprofessional conduct by persons
licensed to practice under this chapter. [1967 c.470 §2]
677.020
[Repealed by 1967 c.470 §68]
677.030
[Amended by 1957 c.681 §1; 1967 c.470 §8; renumbered 677.085]
677.040
[Amended by 1967 c.470 §59; renumbered 677.325]
677.050
[Amended by 1967 c.470 §7; renumbered 677.080]
677.055 [1971
c.649 §4; renumbered 677.505]
677.060 Persons and practices not within
scope of chapter. This chapter does not affect or
prevent the following:
(1)
The practice of medicine or podiatry in this state by any commissioned medical
or podiatric officer serving in the Armed Forces of the United States or Public
Health Service, or any medical or podiatric officer on duty with the United
States Department of Veterans Affairs, while any such medical or podiatric
officer is engaged in the performance of the actual duties prescribed by the
laws and regulations of the United States.
(2)
The meeting in this state of any licensed practitioner of medicine of any other
state or country with a licensed practitioner of medicine in this state, for
consultation.
(3)
Supervised clinical training by an acupuncture student who is enrolled in a
school approved to offer credit for post-secondary clinical education in Oregon
or clinical practice of acupuncture by a practitioner licensed to practice
acupuncture in another state or foreign country who is enrolled in clinical
training approved by the Oregon Medical Board.
(4)
The furnishing of medical or surgical assistance in cases of emergency
requiring immediate attention.
(5)
The domestic administration of family remedies.
(6)
The practice of dentistry, pharmacy, nursing, optometry, psychology, regulated
social work, chiropractic, naturopathic medicine or cosmetic therapy, by any
person authorized by this state.
(7)
The practice of the religion of persons who endeavor to prevent or cure disease
or suffering by prayer or other spiritual means in accordance with the tenets
of any church. Nothing in this chapter interferes in any manner with the
individual’s right to select the practitioner or mode of treatment of an
individual’s choice, or interferes with the right of the person so employed to
give the treatment so chosen if public health laws and rules are complied with.
(8)
The sale of lenses, artificial eyes, limbs or surgical instruments or other
apparatus or appliances of a similar character.
(9)
The sale, rent or use for hire of any device or appliance, the sale of which is
not prohibited by the laws of Oregon or the United States.
(10)
The practice of physiotherapy, electrotherapy or hydrotherapy carried on by a
duly licensed practitioner of medicine, naturopathic medicine or chiropractic,
or by ancillary personnel certified by the State Board of Chiropractic Examiners,
pursuant to ORS 684.155 (1)(c)(A), to provide physiotherapy, electrotherapy or
hydrotherapy and working under the direction of a chiropractic physician.
(11)
The practice or use of massage, Swedish movement, physical culture, or other
natural methods requiring use of the hands.
(12)
The use of the title “doctor,” “chiropractic physician,” “naturopathic
physician,” “doctor of optometry,” “optometric physician” or “podiatric
physician” in accordance with ORS 676.110 and 676.120. [Amended by 1953 c.159 §6;
1955 c.157 §1; 1961 c.400 §2; 1967 c.470 §4; 1975 c.776 §4; 1983 c.486 §3; 1987
c.726 §10; 1989 c.830 §2; 1991 c.67 §181; 1999 c.466 §1; 2009 c.142 §4; 2009
c.442 §45]
677.065 [1971
c.649 §3; 1979 c.778 §2; 1981 c.220 §3; 1981 c.693 §28; renumbered 677.515]
677.070 [Amended
by 1967 c.470 §5; 1983 c.486 §4; repealed by 1989 c.830 §49]
677.075
[Formerly 677.340; repealed by 1989 c.830 §49]
677.080 Prohibited acts.
No person shall:
(1)
Knowingly make any false statement or representation on a matter, or willfully
conceal any fact material to the right of the person to practice medicine or to
obtain a license under this chapter.
(2)
Sell or fraudulently obtain or furnish any medical and surgical diploma,
license, record or registration, or aid or abet in the same.
(3)
Impersonate anyone to whom a license has been granted by the Oregon Medical
Board.
(4)
Except as provided in ORS 677.060, practice medicine in this state without a
license required by this chapter. [Formerly 677.050; 1983 c.486 §5]
677.082 Expression of regret or apology.
(1) For the purposes of any civil action against a person licensed by the
Oregon Medical Board or a health care institution, health care facility or
other entity that employs the person or grants the person privileges, any
expression of regret or apology made by or on behalf of the person, the
institution, the facility or other entity, including an expression of regret or
apology that is made in writing, orally or by conduct, does not constitute an
admission of liability.
(2)
A person who is licensed by the Oregon Medical Board, or any other person who
makes an expression of regret or apology on behalf of a person who is licensed
by the Oregon Medical Board, may not be examined by deposition or otherwise in
any civil or administrative proceeding, including any arbitration or mediation
proceeding, with respect to an expression of regret or apology made by or on
behalf of the person, including expressions of regret or apology that are made
in writing, orally or by conduct. [2003 c.384 §1; 2011 c.30 §5]
Note:
Section 2, chapter 384, Oregon Laws 2003, provides:
Sec. 2. (1)
Except as provided in subsection (2) of this section, section 1 of this 2003
Act [677.082] applies to all expressions of regret or apology, whether made
before, on or after the effective date of this 2003 Act [June 16, 2003].
(2)
Section 1 of this 2003 Act does not apply to any civil action in which a
judgment was entered in the register of a circuit court before the effective
date of this 2003 Act. Section 1 of this 2003 Act does not apply to any
administrative proceeding in which a final order was entered before the
effective date of this 2003 Act. [2003 c.384 §2]
Note:
677.082 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 677 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
677.085 What constitutes practice of
medicine. A person is practicing medicine if the
person does one or more of the following:
(1)
Advertise, hold out to the public or represent in any manner that the person is
authorized to practice medicine in this state.
(2)
For compensation directly or indirectly received or to be received, offer or
undertake to prescribe, give or administer any drug or medicine for the use of
any other person.
(3)
Offer or undertake to perform any surgical operation upon any person.
(4)
Offer or undertake to diagnose, cure or treat in any manner, or by any means,
methods, devices or instrumentalities, any disease, illness, pain, wound,
fracture, infirmity, deformity, defect or abnormal physical or mental condition
of any person.
(5)
Except as provided in ORS 677.060, append the letters “M.D.” or “D.O.” to the
name of the person, or use the words “Doctor,” “Physician,” “Surgeon,” or any
abbreviation or combination thereof, or any letters or words of similar import
in connection with the name of the person, or any trade name in which the
person is interested, in the conduct of any occupation or profession pertaining
to the diagnosis or treatment of human diseases or conditions mentioned in this
section. [Formerly 677.030; 1989 c.830 §3]
PHYSICIANS AND SURGEONS; PODIATRIC
PHYSICIANS AND SURGEONS
(Generally)
677.087 Physicians and podiatric physicians
and surgeons required to perform agreed upon surgery personally.
(1) Any physician or podiatric physician and surgeon having agreed with a
patient to perform any surgical operation or procedure, shall perform the
surgery personally or, prior to surgery, shall inform the patient that the
physician or podiatric physician and surgeon will not be performing the
surgery.
(2)
This section shall not apply when the physician or podiatric physician and
surgeon, because of an emergency, cannot personally notify the patient that the
physician or podiatric physician and surgeon will not be performing the
surgery. [1977 c.520 §2; 1983 c.486 §6]
677.089 Physicians and podiatric
physicians and surgeons dispensing prescription drugs to do so personally;
records; required labeling information. (1)
Prescription drugs dispensed by a physician or podiatric physician and surgeon
shall be personally dispensed by the physician or podiatric physician and
surgeon. Nonjudgmental dispensing functions may be delegated to staff
assistants when the accuracy and completeness of the prescription is verified
by the physician or podiatric physician and surgeon.
(2)
The dispensing physician shall maintain records of receipt and distribution of
prescription drugs. These records shall be readily accessible and subject to
inspection by the Oregon Medical Board.
(3)
The dispensing physician shall label prescription drugs with the following
information:
(a)
Name of patient;
(b)
The name and address of the dispensing physician;
(c)
Date of dispensing;
(d)
The name of the drug but if the dispensed drug does not have a brand name, the
prescription label shall indicate the generic name of the drug dispensed along
with the name of the drug distributor or manufacturer, its quantity per unit
and the directions for its use stated in the prescription. However, if the drug
is a compound, the quantity per unit need not be stated;
(e)
Cautionary statements, if any, as required by law; and
(f)
When applicable and as determined by the State Board of Pharmacy, an expiration
date after which the patient should not use the drug.
(4)
Prescription drugs shall be dispensed in containers complying with the federal
Poison Prevention Packaging Act unless the patient requests a noncomplying
container. [1985 c.322 §11; 2005 c.760 §2]
Note:
677.089 was added to and made a part of ORS chapter 677 by legislative action
but was not added to any smaller series therein. See Preface to Oregon Revised
Statutes for further explanation.
677.090 [1971
c.649 §6; renumbered 677.520]
677.092 Duty to report prohibited conduct.
Unless state or federal laws relating to confidentiality or the protection of
health information prohibit disclosure, a physician or a podiatric physician
and surgeon who has reasonable cause to believe that a licensee of another
board has engaged in prohibited conduct as defined in ORS 676.150 shall report
the prohibited conduct in the manner provided in ORS 676.150. [2009 c.536 §20]
Note:
677.092 was added to and made a part of ORS chapter 677 by legislative action
but was not added to any smaller series therein. See Preface to Oregon Revised
Statutes for further explanation.
677.095 Duty of care; legal issues not
precluded by investigation or administrative proceeding.
(1) A physician or podiatric physician and surgeon licensed to practice
medicine or podiatry by the Oregon Medical Board has the duty to use 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)
In any suit, action or arbitration seeking damages for professional liability
from a health care provider, no issue shall be precluded on the basis of a
default, stipulation, agreement or any other outcome at any stage of an
investigation or an administrative proceeding, including but not limited to a
final order. [1975 c.796 §10d; 1983 c.486 §7; 1995 c.684 §2; 1997 c.792 §19]
Note: 677.095
and 677.097 were enacted into law by the Legislative Assembly but were not
added to or made a part of ORS chapter 677 or any series therein by legislative
action. See Preface to Oregon Revised Statutes for further explanation.
677.097 Procedure to obtain informed
consent of patient. (1) In order to obtain the
informed consent of a patient, a physician, podiatric physician and surgeon or
physician assistant shall explain the following:
(a)
In general terms the procedure or treatment to be undertaken;
(b)
That there may be alternative procedures or methods of treatment, if any; and
(c)
That there are risks, if any, to the procedure or treatment.
(2)
After giving the explanation specified in subsection (1) of this section, the
physician, podiatric physician and surgeon or physician assistant shall ask the
patient if the patient wants a more detailed explanation. If the patient
requests further explanation, the physician, podiatric physician and surgeon or
physician assistant shall disclose in substantial detail the procedure, the
viable alternatives and the material risks unless to do so would be materially
detrimental to the patient. In determining that further explanation would be
materially detrimental the physician, podiatric physician and surgeon or
physician assistant shall give due consideration to the standards of practice
of reasonable medical or podiatric practitioners in the same or a similar
community under the same or similar circumstances. [1977 c.657 §1; 1983 c.486 §8;
2011 c.550 §8]
Note: See
note under 677.095.
677.098 [1979
c.268 §2; repealed by 1989 c.830 §49]
677.099 Notice of participation or
nonparticipation in Medicare assignment program; rules.
(1) A physician currently a participating physician in the Medicare assignment program
under 42 U.S.C. 1395 (b)(3)(B) II shall post a notice reading:
______________________________________________________________________________
(Physician’s name) is participating in the
Medicare Assignment Program. The physician will not charge you fees above the
Medicare determined annual deductible and the per visit copayment. Ask your
physician for more information concerning your fees.
______________________________________________________________________________
(2) A physician not currently a
participating physician in the Medicare assignment program under 42 U.S.C. 1395
(b)(3)(B) II shall post a notice reading:
______________________________________________________________________________
(Physician’s name) is not participating in
the Medicare Assignment Program and may legally charge you fees in addition to
the Medicare determined annual deductible and per visit copayment. Ask your
physician for more information concerning your fees.
______________________________________________________________________________
(3) The Oregon Medical Board shall
establish by rule the dimension and design for the printing and posting of the
sign so as to assure that it can be seen and read by Medicare beneficiaries.
(4) If the physician has reasonable cause to
believe that the patient cannot read the sign or cannot comprehend its content,
the physician shall endeavor to explain the meaning of the notice. [1987 c.379 §§2,3,4,5]
(Licensing)
677.100
Qualifications of applicant for license. (1) An
applicant for a license to practice medicine in this state, except as otherwise
provided in subsection (2) of this section, must possess the following
qualifications:
(a) Have attended and graduated from a
school of medicine.
(b) Have satisfactorily completed the following
post-graduate requirement:
(A) Satisfactory completion of an approved
rotating internship if a graduate of an approved school of medicine;
(B) One year of training in an approved
program if a graduate of an approved school of medicine; or
(C) Three years of training in an approved
program if a graduate of an unapproved school of medicine.
(c) Have complied with each rule of the
Oregon Medical Board which applies to all similar applicants for a license to
practice medicine in this state.
(d) Have provided evidence sufficient to
prove to the satisfaction of the board that the applicant is of good moral
character. For purposes of this section, the lack of good moral character may
be established by reference to acts or conduct that reflect moral turpitude or
to acts or conduct which would cause a reasonable person to have substantial
doubts about the individual’s honesty, fairness and respect for the rights of
others and for the laws of the state and the nation. The acts or conduct in
question must be rationally connected to the applicant’s fitness to practice
medicine.
(2) If an applicant establishes that the
applicant is of good moral character and has qualifications which the board
determines are the equivalent of the qualifications required by subsection
(1)(a) to (c) of this section, the applicant satisfies the requirements of
subsection (1) of this section.
(3) An applicant for a license to practice
medicine must make written application to the board showing compliance with
this section, ORS 677.110, 677.120 and the rules of the board, and containing
such further information as the rules of the board may require. [Amended by
1957 c.681 §11; 1967 c.470 §9; 1973 c.31 §1; 1983 c.486 §9; 1985 c.322 §3; 1989
c.830 §4]
677.105
[1961 c.400 §4; repealed by 1967 c.470 §68]
677.110
Scope and administration of examination; certificate in lieu of examination.
(1) Applicants who satisfy the requirements of ORS 677.100 shall be admitted to
an examination in subjects covered in schools of medicine that grant degrees of
Doctor of Medicine or Doctor of Osteopathy. The examination shall be sufficient
to test the applicant’s fitness to practice medicine. The examination shall be
conducted in such a manner as to conceal the identity of the applicant until
all examinations have been scored. In all such examinations an average score of
not less than 75 is required for passing. The Oregon Medical Board may require
the applicant to take and pass the Federation Licensing Examination, also known
as FLEX.
(2) The Oregon Medical Board may accept a
certificate issued by the National Board of Medical Examiners of the United
States or 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 in lieu of its own examination.
(3) If an applicant fails the examination,
the board may permit the applicant to take a subsequent examination, if the
applicant has otherwise complied with the law and the rules of the board.
(4) After any applicant satisfactorily
passes the examination in the required subjects, and otherwise complies with
the law and the rules of the board, the board shall grant a license to the
applicant to practice medicine in Oregon. [Amended by 1953 c.159 §6; 1957 c.681
§2; 1967 c.470 §10; 1975 c.776 §5; 1985 c.322 §8; 1989 c.830 §5; 1991 c.485 §3;
1993 c.16 §1]
677.115
Expedited license by endorsement; rules. (1) On or
before January 1, 2010, the Oregon Medical Board shall implement an expedited
physician licensing process that allows the board to issue a license by
endorsement to a qualified physician. To be considered for a license by
endorsement, a physician:
(a)(A) Must have practiced the physician’s
specialty, if any, for at least one year immediately preceding the date of the
physician’s application for licensure by endorsement; or
(B) If the physician is retired, must have
been retired for one year or less;
(b) May not have been subject to
discipline by a health professional regulatory board in any state in which the
physician has been licensed; and
(c) May not have been held liable for a
significant malpractice claim as defined by the board by rule.
(2) The licensing process implemented by
the board must require the board to:
(a) Use existing databases to verify
application information; and
(b) Accept documents from the state in
which the applicant was first licensed as a physician as equivalent to primary
source documents to verify:
(A) Medical education;
(B) National medical examination scores;
(C) Post-graduate training, if applicable;
and
(D) Other qualifications as provided by
rule of the board. [2009 c.615 §2]
Note:
677.115 was added to and made a part of ORS chapter 677 by legislative action
but was not added to any smaller series therein. See Preface to Oregon Revised
Statutes for further explanation.
677.120
Reciprocity. (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 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
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 Oregon Medical Board 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 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. [Amended by 1957 c.681 §3; 1967 c.470 §16; 1973 c.31 §2;
1983 c.486 §10; 1987 c.377 §1; 1989 c.830 §6; 1993 c.16 §2; 2005 c.359 §1; 2007
c.86 §5]
677.125
Reciprocal agreements. The Oregon Medical Board may
enter into agreements with medical or osteopathic examining boards of other
states and territories of the United States, and the District of Columbia,
having qualifications and standards at least as high as those of this state,
providing for reciprocal licensing in this state, without further examination,
of persons who have been licensed upon written examination in the other state
or territory. Approval of these agreements by any other officer or agency of
this state is not required. [1967 c.470 §18]
677.130
[Amended by 1967 c.470 §19; renumbered 677.145]
677.132
Limited license; rules. (1) When a need exists, the
Oregon Medical Board may issue a limited license for a specified period to an
applicant who possesses the qualifications prescribed by the rules of the
board. The board shall supervise the activities of the holder of a limited
license and impose such restrictions as it finds necessary. Each person holding
a limited license must obtain an unlimited license at the earliest time
possible. After such time the board shall refuse to renew a limited license at
the end of a specified period if it determines that the holder thereof is not
pursuing diligently an attempt to become qualified for a license.
(2) The board by rule shall prescribe the
types of and limitations upon licenses issued under this section.
(3) A person licensed under this section
is subject to all the provisions of this chapter and to all the rules of the
board, has the same duties and responsibilities and is subject to the same
penalties and sanctions as any other person licensed under this chapter. [1967
c.470 §12; 1973 c.31 §3; 1983 c.486 §11; 1989 c.830 §7]
677.134
[1967 c.470 §13; 1975 c.776 §6; 1983 c.486 §12; repealed by 1989 c.830 §49]
677.135
Definition of “practice of medicine across state lines.”
As used in ORS 677.135 to 677.141, “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. [1999 c.549 §2]
Note:
677.135 to 677.141 were added to and made a part of ORS chapter 677 by
legislative action but were not added to any smaller series therein. See
Preface to Oregon Revised Statutes for further explanation.
677.136
[1967 c.470 §14; repealed by 1989 c.830 §49]
677.137
License required for practice of medicine across state lines; exceptions.
(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 ORS 677.139.
(2) ORS 677.135 to 677.141 do not apply to
a physician engaging in the practice of medicine across state lines in an
emergency, as defined by rule of the Oregon Medical Board.
(3) ORS 677.135 to 677.141 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) ORS 677.135 to 677.141 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. [1999 c.549 §3]
Note:
See note under 677.135.
677.138
[1967 c.470 §15; 1983 c.486 §13; repealed by 1989 c.830 §49]
677.139
License to practice medicine across state lines; application; fees.
(1) Upon application, the Oregon Medical Board 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. [1999
c.549 §4]
Note:
See note under 677.135.
677.140
[Amended by 1957 c.681 §4; repealed by 1967 c.470 §68]
677.141
Responsibilities; prohibited practices; confidentiality requirements.
(1) A physician issued a license under ORS 677.139 is subject to all the provisions
of this chapter and to all the rules of the Oregon Medical Board. A physician
issued a license under ORS 677.139 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 ORS
677.139 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 Primary Care
Services Program under ORS 442.550 to 442.570; or
(f) Assert a lien for services under ORS
87.555.
(3) A physician licensed under ORS 677.139
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. [1999
c.549 §§5,6; 2010 c.42 §14]
Note:
See note under 677.135.
677.145
[Formerly 677.130; 1975 c.776 §11; 1979 c.292 §1; 1983 c.486 §14; repealed by
1989 c.830 §49]
677.150
[Amended by 1953 c.159 §6; 1959 c.154 §1; 1967 c.470 §21; 1983 c.486 §15;
repealed by 1989 c.830 §49]
677.160
[Amended by 1967 c.470 §22; 1983 c.486 §16; 1987 c.377 §2; repealed by 1989
c.830 §49]
677.170
[Amended by 1953 c.159 §6; 1967 c.470 §23; 1975 c.776 §7; 1983 c.486 §17; repealed
by 1989 c.830 §49]
677.172
Change of location of practice; effect. (1) Any
person licensed to practice under this chapter who changes location during the
period between any two registration dates shall notify the Oregon Medical Board
of the change within 30 days after such change.
(2) Any person who is newly licensed by
the board to practice under this chapter during the period between any two
registration dates shall immediately register and pay the registration fee for
that period.
(3)(a) Any person licensed under this
chapter who changes location of practice to some other state or country shall
be listed by the board as inactive. Absence from the state of a person licensed
by the board does not affect the validity of the license if the licensee notifies
the board of such absence from the state and pays the inactive registration fee
during such absence.
(b) Before resuming practice in the state,
the licensee shall notify the board of the intention to resume active practice
in the state and obtain a certificate of active registration for the renewal
period during which the licensee returns. The fee shall be the active
registration fee less any inactive registration fee previously paid for that
renewal period.
(c) The licensee shall file an affidavit
with the board describing medically related activities during the period of
inactive registration. If, in the judgment of the board, the conduct of the
licensee has been, during the period of inactive registration, such that the
licensee would have been denied a license if applying for an initial license,
the board may deny active registration and may take further action as
appropriate. [1991 c.485 §2]
Note:
677.172 was added to and made a part of ORS chapter 677 by legislative action
but was not added to any smaller series therein. See Preface to Oregon Revised
Statutes for further explanation.
677.175
Retirement; cessation of practice. (1) A person
licensed to practice under this chapter may retire from practice by notifying
the Oregon Medical Board in writing of such intention to retire. Upon receipt
of this notice the board shall record the fact that the person is retired and
excuse such person from further payment of registration fees. During the period
of retirement no such person may practice. If a retired licensee desires to
return to practice, the licensee shall apply to the board in writing for active
registration. The board shall take action on the application as if the licensee
were listed by the board as inactive and applying for active registration.
(2) If a person licensed to practice under
this chapter ceases to practice for a period of 12 or more consecutive months,
the board in its discretion may require the person to prove to its satisfaction
that the licensee has maintained competence.
(3) The surrender, retirement or other
forfeiture, expiration or cancellation of a license issued by the board shall
not deprive the board of its authority to institute or continue a disciplinary
action against the licensee upon any ground provided by law. [1967 c.470 §25;
1983 c.486 §18; 1989 c.830 §8; 1991 c.485 §4]
677.180
[Amended by 1967 c.470 §26; 1983 c.486 §19; repealed by 1989 c.830 §49]
677.184
License to show degree held; display of license; use of degree on stationery
and in displays. (1) On each license issued by
it, the Oregon Medical Board shall enter after the name of the person holding
the license the degree to which the person is entitled by reason of the diploma
of graduation from a school of medicine which, at the time of the graduation of
such person, was approved by the board for purposes of ORS 677.100.
(2) The license shall be displayed in a
prominent place in the licensee’s office.
(3) In every letter, business card,
advertisement, prescription blank, sign, public listing or display in
connection with the profession of the person, each person licensed to practice
medicine in this state shall designate the degree appearing on the license of
the person pursuant to subsection (1) of this section. Action taken by the
board under ORS 677.190 for failure to comply with this subsection does not
relieve a person from criminal prosecution for violation of ORS 676.110 and
676.120. [1967 c.470 §28; 1983 c.486 §20; 1989 c.830 §9]
677.188
Definitions for ORS 677.190. As used in
ORS 677.190, unless the context requires otherwise:
(1) “Fraud or misrepresentation” means the
intentional misrepresentation or misstatement of a material fact, concealment
of or failure to make known any material fact, or any other means by which
misinformation or a false impression knowingly is given.
(2) “Fraudulent claim” means a claim
submitted to any patient, insurance or indemnity association, company or
individual for the purpose of gaining compensation, which the person making the
claim knows to be false.
(3) “Manifestly incurable condition,
sickness, disease or injury” means one that is declared to be incurable by
competent physicians and surgeons or by other recognized authority.
(4) “Unprofessional or dishonorable
conduct” means conduct unbecoming a person licensed to practice medicine or
podiatry, or detrimental to the best interests of the public, and includes:
(a) Any conduct or practice contrary to
recognized standards of ethics of the medical or podiatric profession or any
conduct or practice which does or might constitute a danger to the health or
safety of a patient or the public or any conduct, practice or condition which
does or might adversely affect a physician’s or podiatric physician and surgeon’s
ability safely and skillfully to practice medicine or podiatry;
(b) Willful performance of any surgical or
medical treatment which is contrary to acceptable medical standards; and
(c) Willful and repeated ordering or
performance of unnecessary laboratory tests or radiologic studies; administration
of unnecessary treatment; employment of outmoded, unproved or unscientific
treatments; failure to obtain consultations when failing to do so is not
consistent with the standard of care; or otherwise utilizing medical service
for diagnosis or treatment which is or may be considered inappropriate or
unnecessary. [1967 c.470 §29; 1969 c.684 §14; 1975 c.796 §1; 1983 c.486 §21;
1987 c.377 §3; 2009 c.756 §22]
677.190
Grounds for suspending, revoking or refusing to grant license, registration or
certification; alternative medicine not unprofessional conduct.
The Oregon Medical Board may refuse to grant, or may suspend or revoke a
license to practice for any of the following reasons:
(1)(a) Unprofessional or dishonorable
conduct.
(b) For purposes of this subsection, the
use of an alternative medical treatment shall not by itself constitute
unprofessional conduct. For purposes of this paragraph:
(A) “Alternative medical treatment” means:
(i) A treatment that the treating
physician, based on the physician’s professional experience, has an objective
basis to believe has a reasonable probability for effectiveness in its intended
use even if the treatment is outside recognized scientific guidelines, is
unproven, is no longer used as a generally recognized or standard treatment or
lacks the approval of the United States Food and Drug Administration;
(ii) A treatment that is supported for
specific usages or outcomes by at least one other physician licensed by the
Oregon Medical Board; and
(iii) A treatment that poses no greater
risk to a patient than the generally recognized or standard treatment.
(B) “Alternative medical treatment” does
not include use by a physician of controlled substances in the treatment of a
person for chemical dependency resulting from the use of controlled substances.
(2) Employing any person to solicit
patients for the licensee. However, a managed care organization, independent
practice association, preferred provider organization or other medical service
provider organization may contract for patients on behalf of physicians.
(3) Representing to a patient that a
manifestly incurable condition of sickness, disease or injury can be cured.
(4) Obtaining any fee by fraud or
misrepresentation.
(5) Willfully or negligently divulging a
professional secret without the written consent of the patient.
(6) Conviction of any offense punishable
by incarceration in a Department of Corrections institution or in a federal
prison, subject to ORS 670.280. A copy of the record of conviction, certified
to by the clerk of the court entering the conviction, shall be conclusive
evidence of the conviction.
(7) Impairment as defined in ORS 676.303.
(8) Fraud or misrepresentation in applying
for or procuring a license to practice in this state, or in connection with
applying for or procuring registration.
(9) Making statements that the licensee
knows, or with the exercise of reasonable care should know, are false or
misleading, regarding skill or the efficacy or value of the medicine, treatment
or remedy prescribed or administered by the licensee or at the direction of the
licensee in the treatment of any disease or other condition of the human body
or mind.
(10) Impersonating another licensee
licensed under this chapter or permitting or allowing any person to use the
license.
(11) Aiding or abetting the practice of
medicine or podiatry by a person not licensed by the board, when the licensee
knows, or with the exercise of reasonable care should know, that the person is
not licensed.
(12) Using the name of the licensee under
the designation “doctor,” “Dr.,” “D.O.” or “M.D.,” “D.P.M.,” “Acupuncturist,” “P.A.”
or any similar designation in any form of advertising that is untruthful or is
intended to deceive or mislead the public.
(13) Gross negligence or repeated
negligence in the practice of medicine or podiatry.
(14) Incapacity to practice medicine or
podiatry. If the board has evidence indicating incapacity, the board may order
a licensee to submit to a standardized competency examination. The licensee
shall have access to the result of the examination and to the criteria used for
grading and evaluating the examination. If the examination is given orally, the
licensee shall have the right to have the examination recorded.
(15) Disciplinary action by another state
of a license to practice, based upon acts by the licensee similar to acts
described in this section. A certified copy of the record of the disciplinary
action of the state is conclusive evidence thereof.
(16) Failing to designate the degree
appearing on the license under circumstances described in ORS 677.184 (3).
(17) Willfully violating any provision of
this chapter or any rule adopted by the board, board order, or failing to
comply with a board request pursuant to ORS 677.320.
(18) Failing to report the change of the
location of practice of the licensee as required by ORS 677.172.
(19) Imprisonment as provided in ORS
677.225.
(20) Making a fraudulent claim.
(21)(a) Performing psychosurgery.
(b) For purposes of this subsection and
ORS 426.385, “psychosurgery” means any operation designed to produce an
irreversible lesion or destroy brain tissue for the primary purpose of altering
the thoughts, emotions or behavior of a human being. “Psychosurgery” does not
include procedures which may produce an irreversible lesion or destroy brain
tissues when undertaken to cure well-defined disease states such as brain
tumor, epileptic foci and certain chronic pain syndromes.
(22) Refusing an invitation for an
informal interview with the board requested under ORS 677.415.
(23) Violation of the federal Controlled
Substances Act.
(24) Prescribing controlled substances
without a legitimate medical purpose, or prescribing controlled substances
without following accepted procedures for examination of patients, or prescribing
controlled substances without following accepted procedures for record keeping.
(25) Failure by the licensee to report to
the board any adverse action taken against the licensee by another licensing
jurisdiction or any peer review body, health care institution, professional or
medical society or association, governmental agency, law enforcement agency or
court for acts or conduct similar to acts or conduct that would constitute
grounds for disciplinary action as described in this section.
(26) Failure by the licensee to notify the
board of the licensee’s voluntary resignation from the staff of a health care
institution or voluntary limitation of a licensee’s staff privileges at the
institution if that action occurs while the licensee is under investigation by
the institution or a committee thereof for any reason related to medical
incompetence, unprofessional conduct, physical incapacity or impairment. [Amended
by 1957 c.681 §5; 1961 c.400 §5; 1967 c.470 §30; 1969 c.684 §15; 1973 c.616 §16;
1975 c.776 §8; 1975 c.796 §2a; 1979 c.744 §50; 1981 c.372 §4; 1983 c.470 §4;
1983 c.486 §22; 1987 c.320 §244; 1989 c.830 §10; 1991 c.485 §5; 1995 s.s. c.2 §1;
1997 c.792 §20; 2007 c.351 §4; 2009 c.756 §23]
677.200
Disciplinary procedure. Except as provided in ORS
677.202 or 677.205 (1)(a), any proceeding for disciplinary action of a licensee
licensed under this chapter shall be substantially in accord with the following
procedure:
(1) A written complaint of some person,
not excluding members or employees of the Oregon Medical Board, shall be
verified and filed with the board.
(2) A hearing shall be given to the
accused in accordance with ORS chapter 183 as a contested case. [Amended by
1957 c.681 §6; 1961 c.400 §6; 1967 c.470 §31; 1971 c.734 §118; 1983 c.486 §23;
1989 c.830 §11]
677.202
When procedure inapplicable. ORS 677.200
does not apply in cases where the license of a person to practice under this
chapter has been suspended automatically as provided in ORS 677.225. [1967
c.470 §33; 1983 c.486 §24; 1989 c.830 §12; 1991 c.485 §6]
677.205
Grounds for discipline; action by board; penalties.
(1) The Oregon Medical Board may discipline as provided in this section any
person licensed, registered or certified under this chapter who has:
(a) Admitted the facts of a complaint
filed in accordance with ORS 677.200 (1) alleging facts which establish that
such person is in violation of one or more of the grounds for suspension or
revocation of a license as set forth in ORS 677.190;
(b) Been found to be in violation of one
or more of the grounds for disciplinary action of a licensee as set forth in
this chapter;
(c) Had an automatic license suspension as
provided in ORS 677.225; or
(d) Failed to make a report as required
under ORS 677.415.
(2) In disciplining a licensee as
authorized by subsection (1) of this section, the board may use any or all of
the following methods:
(a) Suspend judgment.
(b) Place the licensee on probation.
(c) Suspend the license.
(d) Revoke the license.
(e) Place limitations on the license.
(f) Take such other disciplinary action as
the board in its discretion finds proper, including assessment of the costs of
the disciplinary proceedings as a civil penalty or assessment of a civil
penalty not to exceed $10,000, or both.
(3) In addition to the action authorized
by subsection (2) of this section, the board may temporarily suspend a license
without a hearing, simultaneously with the commencement of proceedings under
ORS 677.200 if the board finds that evidence in its possession indicates that a
continuation in practice of the licensee constitutes an immediate danger to the
public.
(4) If the board places any licensee on
probation as set forth in subsection (2)(b) of this section, the board may
determine, and may at any time modify, the conditions of the probation and may
include among them any reasonable condition for the purpose of protection of
the public or for the purpose of the rehabilitation of the probationer, or
both. Upon expiration of the term of probation, further proceedings shall be
abated if the licensee has complied with the terms of the probation.
(5) If a license issued under this chapter
is suspended, the holder of the license may not practice during the term of
suspension. Upon the expiration of the term of suspension, the license shall be
reinstated by the board if the conditions for which the license was suspended
no longer exist.
(6) The board shall enter each case of
disciplinary action on its records.
(7) Civil penalties under this section
shall be imposed as provided in ORS 183.745. [1957 c.681 §8; 1967 c.470 §34;
1975 c.796 §3; 1983 c.486 §25; 1989 c.830 §13; 1991 c.734 §71; 2007 c.803 §3]
677.208
Hearing; disqualification of investigating board members; judicial review.
(1) Where the Oregon Medical Board proposes to refuse to issue a license, or
refuses to restore an inactive registrant to an active registration, or
proposes to revoke or suspend a license, opportunity for hearing shall be
accorded as provided in ORS chapter 183.
(2) Following a contested case hearing,
the members of the board who participated in the investigation of the licensee,
except for one public member, shall not participate in the final decision of
the board. A meeting of the board to determine what further action, if any,
should be taken regarding the licensee or applicant is not a part of the
investigation. The final decision of the board following a contested case
hearing shall be based upon the transcript and record, including the exhibits.
(3) Judicial review of orders under subsection
(1) of this section shall be in accordance with ORS chapter 183.
(4) If the final order of the court on
review reverses the board’s order of suspension or revocation, the board shall
issue the license and reinstate appellant not later than the 30th day after the
decision of the court. [1971 c.734 §120; 1975 c.776 §9; 1997 c.792 §21]
677.210
[Amended by 1967 c.470 §35; repealed by 1971 c.734 §21]
677.215
[1967 c.470 §37; repealed by 1971 c.734 §21]
677.220
Issuance or restoration of license after denial or revocation.
Whenever a license issued under this chapter is denied or revoked for any
cause, the Oregon Medical Board may, after the lapse of two years from the date
of such revocation, upon written application by the person formerly licensed, issue
or restore the license. [Amended by 1967 c.470 §38; 1983 c.486 §26; 1989 c.830 §14]
677.225
Automatic suspension of license for mental illness or imprisonment; termination
of suspension. (1) A person’s license issued under
this chapter is suspended automatically if:
(a) The licensee is adjudged to be
mentally ill or is admitted on a voluntary basis to a treatment facility for
mental illness that affects the ability of the licensee to safely practice
medicine and if the licensee’s residence in the hospital exceeds 25 consecutive
days; or
(b) The licensee is an inmate in a penal
institution.
(2)(a) The clerk of the court ordering
commitment or incarceration under subsection (1)(a) or (b) of this section
shall cause to be mailed to the Oregon Medical Board, as soon as possible, a
certified copy of the court order. No fees are chargeable by the clerk for
performing the duties prescribed by this paragraph.
(b) The administrator of the hospital to
which a person with a license issued under this chapter has voluntarily applied
for admission shall cause to be mailed to the board as soon as possible, a
certified copy of the record of the voluntary admission of such person.
(c) Written evidence received from the
supervisory authority of a penal or mental institution that the licensee is an
inmate or patient therein is prima facie evidence for the purpose of subsection
(1)(a) or (b) of this section.
(3) A suspension under this section may be
terminated by the board when:
(a)(A) The board receives evidence satisfactory
to the board that the licensee is not mentally ill; or
(B) The board receives evidence
satisfactory to the board that the licensee is no longer incarcerated; and
(b) The board is satisfied, with due
regard for the public interest, that the licensee’s privilege to practice may
be restored. [1955 c.317 §1; 1961 c.257 §1; 1967 c.470 §39; 1983 c.486 §27;
1983 c.740 §250; 1989 c.830 §15; 1997 c.792 §22]
677.228
Automatic lapse of license for failure to pay registration fee or report change
of location; reinstatement. (1) A person’s license to
practice under this chapter automatically lapses if the licensee fails to:
(a) Pay the registration fee as required
by rule of the Oregon Medical Board.
(b) Notify the board of a change of
location not later than the 30th day after such change.
(c) Complete prior to payment of the
registration fee described in paragraph (a) of this subsection, or provide
documentation of previous completion of, if required by rule of the board:
(A) A pain management education program
approved by the board and developed in conjunction with the Pain Management
Commission established under ORS 413.570; or
(B) An equivalent pain management
education program, as determined by the board.
(2) If a license issued automatically lapses
under this section, the holder of the license shall not practice until the
conditions for which the license automatically lapsed no longer exist.
(3) A person whose license has
automatically lapsed under subsection (1)(a) of this section is reinstated
automatically when the licensee pays the registration fee plus all late fees
then due.
(4) A person whose license has
automatically lapsed under subsection (1)(b) of this section is reinstated
automatically if the board receives notification of the current and correct
address of the licensee not later than the 10th day after such automatic lapse
takes effect. Otherwise the lapse continues until terminated by the board.
(5) A person whose license has
automatically lapsed under subsection (1)(c) of this section is reinstated
automatically when the board receives documentation of the person’s completion
of a pain management education program if required by subsection (1)(c) of this
section. [1967 c.470 §41; 1983 c.486 §28; 1989 c.830 §16; 1993 c.16 §3; 2001 c.987
§13]
677.230
[Repealed by 1967 c.470 §42 (677.235 enacted in lieu of 677.230)]
677.232
[1971 c.649 §8; 1979 c.292 §2; renumbered 677.525]
(Oregon
Medical Board)
677.235
Oregon Medical Board; membership; confirmation; terms; vacancies; compensation.
(1) The Oregon Medical Board consists of 12 members appointed by the Governor
and subject to confirmation by the Senate in the manner provided in ORS 171.562
and 171.565. All members of the board must be residents of this state. Of the
members of the board:
(a) Seven must have the degree of Doctor
of Medicine;
(b) Two must have the degree of Doctor of
Osteopathy;
(c) One must have the degree of Doctor of
Podiatric Medicine; and
(d) Two must be members of the public
representing health consumers and who are not:
(A) Otherwise eligible for appointment to
the board; or
(B) A spouse, domestic partner, child,
parent or sibling of an individual having the degree of Doctor of Medicine,
Doctor of Osteopathy or Doctor of Podiatric Medicine.
(2)(a)(A) Board members required to
possess the degree of Doctor of Medicine may be selected by the Governor from a
list of three to five physicians for each physician member of the board whose
term expires in that year, submitted by the Oregon Medical Association not later
than February 1.
(B) Board members required to possess the
degree of Doctor of Osteopathy may be selected by the Governor from a list of
three to five qualified physicians for each vacancy, submitted by the
Osteopathic Physicians and Surgeons of Oregon, Inc., not later than February 1
of each odd-numbered year.
(C) The board member required to possess
the degree of Doctor of Podiatric Medicine may be selected by the Governor from
a list of three to five qualified physicians submitted by the Oregon Podiatric
Medical Association not later than February 1 of each fourth year.
(b) 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.
(c) Neither the public members nor any
person who is a spouse, domestic partner, child, parent or sibling of a public
member may be employed as a health professional.
(d)(A) In selecting the members of the
board, the Governor shall strive to balance the representation on the board
according to geographic areas of this state and ethnic group.
(B) 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.
(3)(a) The term of office of each board
member is three years, but a member serves at the pleasure of the Governor. The
terms must be staggered so that no more than four terms end each year. A term
begins on March 1 of the year the member is appointed and ends on the last day
of February of the third year thereafter. A member may not serve more than two
consecutive terms.
(b) 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.
(c) A board member shall be removed
immediately from the board if, during the member’s term, the member:
(A) Is not a resident of this state;
(B) Has been absent from three consecutive
board meetings, unless at least one absence is excused; or
(C) Is not a current licensee or a retired
licensee whose license was in good standing at the time of retirement, if the
board member was appointed to serve on the board as a licensee.
(4) Members of the board are entitled to
compensation and expenses as provided in ORS 292.495. The board may provide by
rule for compensation to board members for the performance of official duties
at a rate that is greater than the rate provided in ORS 292.495. [1967 c.470 §43
(enacted in lieu of 677.230); 1971 c.650 §26; 1973 c.792 §33; 1979 c.388 §1;
1983 c.486 §28a; 1985 c.322 §4; 1989 c.830 §17; 1997 c.792 §23; 2005 c.760 §3;
2007 c.86 §1; 2007 c.349 §1; 2009 c.535 §5; 2009 c.756 §93]
677.240
Oaths, officers and meetings of board. (1) The
members of the Oregon Medical Board, before entering upon their duties as
members, shall take and subscribe an oath to support the Constitution and laws
of the State of Oregon and of the United States, and to perform well and
faithfully and without partiality the duties of such office according to the
best of their knowledge and ability. The oaths shall be filed and preserved of
record in the office of the board.
(2) The board shall elect annually from
among its members a chairperson, vice chairperson and secretary.
(3) The board shall hold meetings within
the state at such times and places as shall be determined by the board.
(4) The chairperson, vice chairperson or
secretary may call a special meeting of the board upon at least 10 days’ notice
in writing to each member, to be held at any place designated by such officer.
(5) The board shall hold meetings for
examination of applicants for licenses at least twice each year on such dates
as the board considers advisable. Special meetings for the examination of
applicants for licenses may be called in the same manner as other special
meetings of the board. [Amended by 1967 c.470 §47; 1989 c.830 §18]
677.250
Records to be kept. The executive director of the
Oregon Medical Board shall keep a record of all board proceedings, and also a
record of all applicants for a license, together with their ages, the time such
applicants have spent in the study and practice of medicine, the name and
location of all institutions granting to applicants degrees in medicine and
such other information as the board may deem advisable. The record also shall
show whether such applicants were rejected or licensed under this chapter. The
record is prima facie evidence of all the matters therein recorded, and failure
of a person’s name to appear in the record is prima facie evidence that such
person does not have a license to practice medicine in this state. [Amended by
1967 c.470 §48; 2009 c.756 §25]
677.255
[1971 c.649 §5; renumbered 677.530]
677.257
[1981 c.327 §2; renumbered 677.750]
677.259
[1973 c.451 §2; 1975 c.442 §1; 1983 c.486 §29; renumbered 677.755]
677.260
[Repealed by 1967 c.470 §49 (677.265 enacted in lieu of 677.260)]
677.261
[1975 c.442 §5; 1983 c.486 §30; renumbered 677.760]
677.262
[1975 c.442 §3; 1983 c.486 §66; renumbered 677.765]
677.263
[1975 c.442 §4; 1979 c.292 §3; 1983 c.486 §31; renumbered 677.770]
677.265
Powers of board generally; rules; fees; physician standard of care.
In addition to any other powers granted by this chapter, the 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
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 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 Oregon Medical Board and the other agency or body.
(5) Appoint examiners, who need not be
members of the 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.
(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 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. [1967 c.470 §50 (enacted
in lieu of 677.260); 1975 c.776 §10; 1983 c.486 §34; 1989 c.830 §19; 1991 c.703
§22; 1997 c.792 §25; 2005 c.730 §47; 2007 c.86 §6]
677.270
Proceedings upon refusal to testify or failure to obey rule, order or subpoena
of board. If any licensee fails to comply with
any lawful rule or order of the Oregon Medical Board, or fails to obey any subpoena
issued by the board, or refuses to testify concerning any matter on which the
licensee may lawfully be interrogated by the board, the board may apply to any
circuit court of this state, or the judge thereof, to compel obedience. The
court or judge, upon such application, shall institute proceedings for
contempt. The remedy provided in this section is in addition to, and not
exclusive of, the authority of the board to discipline licensees for violations
of ORS 677.190 (17) and (22). [Amended by 1967 c.470 §51; 1983 c.486 §35; 1989
c.830 §20; 2009 c.756 §26]
677.275
Administrative law judges. Each administrative law judge
conducting hearings on behalf of the board is vested with the full authority of
the board to schedule and conduct hearings on behalf and in the name of the
board on all matters referred by the board, including issuance of licenses,
proceedings for placing licensees on probation and for suspension and
revocation of licenses, and shall cause to be prepared and furnished to the
board, for decision thereon by the board, the complete written transcript of
the record of the hearing. This transcript shall contain all evidence
introduced at the hearing and all pleas, motions and objections, and all
rulings of the administrative law judge. Each administrative law judge may
administer oaths and issue summonses, notices and subpoenas, but may not place
any licensee on probation or issue, refuse, suspend or revoke a license. [1967
c.470 §53; 1983 c.486 §36; 1989 c.830 §21; 1999 c.849 §§157,158; 2003 c.75 §57;
2009 c.756 §27]
677.280
Employment of personnel. Subject to any applicable
provisions of the State Personnel Relations Law, the Oregon Medical Board may
employ consultants, investigators and staff for the purpose of enforcing the
laws relating to this chapter and securing evidence of violations thereof, and
may fix the compensation therefor and incur necessary other expenses. [Amended
by 1967 c.470 §54; 1969 c.314 §78; 1989 c.829 §1; 1989 c.830 §22; 1999 c.396 §1;
2009 c.535 §6]
677.290
Disposition of receipts; revolving account; medical library.
(1) All moneys received by the Oregon Medical Board under this chapter shall be
paid into the General Fund in the State Treasury and placed to the credit of
the 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 (4) and (5) 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 in-state physician licensed under
this chapter, 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. [Amended
by 1953 c.159 §6; 1967 c.470 §55; 1967 c.637 §§29,29a; 1973 c.427 §15; 1975
c.693 §18; 1979 c.27 §1; 1983 c.486 §37; 1989 c.830 §23; 2007 c.86 §3; 2009
c.595 §1052; 2009 c.792 §73]
677.300
[Amended by 1967 c.470 §56; 1973 c.427 §16; 1983 c.486 §38; repealed by 1989
c.830 §49]
677.305
Petty cash fund. The Oregon Medical Board may
maintain a petty cash fund in compliance with ORS 293.180 in the amount of
$5,000. [1955 c.282 §1; 1967 c.470 §57; 1983 c.486 §39; 1989 c.830 §24]
677.310
[Amended by 1967 c.470 §58; repealed by 1989 c.830 §49]
(Enforcement)
677.320
Investigation of complaints and suspected violations.
(1) Upon the complaint of any citizen of this state, or upon its own
initiative, the Oregon Medical Board may investigate any alleged violation of
this chapter. If, after the investigation, the board has reason to believe that
any person is subject to prosecution criminally for the violation of this chapter,
it shall lay the facts before the proper district attorney.
(2) In the conduct of investigations, the
board or its designated representative may:
(a) Take evidence;
(b) Take the depositions of witnesses,
including the person charged;
(c) Compel the appearance of witnesses,
including the person charged;
(d) Require answers to interrogatories;
and
(e) Compel the production of books,
papers, accounts, documents and testimony pertaining to the matter under
investigation.
(3) In exercising its authority under
subsection (2) of this section, the board may issue subpoenas over the
signature of the executive director and the seal of the board in the name of
the State of Oregon.
(4) In any proceeding under this section
where the subpoena is addressed to a licensee of this board, it shall not be a
defense that the material that is subject to the subpoena is protected under a
patient and physician privilege.
(5) If a licensee who is the subject of an
investigation or complaint is to appear before members of the board
investigating the complaint, the board shall provide the licensee with a
current summary of the complaint or the matter being investigated not less than
five days prior to the date that the licensee is to appear. At the time the
summary of the complaint or the matter being investigated is provided, the
board shall provide to the licensee a current summary of documents or alleged
facts that the board has acquired as a result of the investigation. The name of
the complainant or other information that reasonably may be used to identify
the complainant may be withheld from the licensee.
(6) A licensee who is the subject of an
investigation and any person authorized to act on behalf of the licensee shall
not knowingly contact the complainant until the licensee has requested a
contested case hearing and the board has authorized the taking of the
complainant’s deposition pursuant to ORS 183.425.
(7) Except in an investigation or
proceeding conducted by the board or another public entity, or in an action,
suit or proceeding where a public entity is a party, a licensee shall not be
questioned or examined regarding any communication with the board made in an
appearance before the board as part of an investigation. This section shall not
prohibit examination or questioning of a licensee regarding records dealing
with a patient’s care and treatment or affect the admissibility of those
records. As used in this section, “public entity” has the meaning given that
term in ORS 676.177. [Amended by 1983 c.486 §40; 1989 c.830 §25; 1997 c.792 §26;
1999 c.751 §5]
677.325
Enjoining unlicensed practice of medicine. The
Oregon Medical Board may maintain a suit for an injunction against any person
violating ORS 677.080 (4). Any person who has been so enjoined may be punished
for contempt by the court issuing the injunction. An injunction may be issued
without proof of actual damage sustained by any person. An injunction shall not
relieve a person from criminal prosecution for violation of ORS 677.080 (4). [Formerly
677.040]
677.330
Duty of district attorney and Attorney General; jurisdiction of prosecutions.
(1) The district attorney of each county shall prosecute any violation of this
chapter occurring in the county. The Oregon Medical Board shall be represented
by the Attorney General acting under ORS 180.140. Each district attorney shall
bring to the attention of the grand jury of the county any information
independently developed by the district attorney, the Attorney General or other
law enforcement agencies pertaining to a violation of this chapter.
(2) Upon any appeal to the Court of
Appeals of this state in any of the proceedings referred to in subsection (1)
of this section, the Attorney General shall assist the district attorney in the
trial of the cause in the Court of Appeals.
(3) Justice courts and the circuit courts
have concurrent jurisdiction of prosecutions for the violation of this chapter.
[Amended by 1967 c.470 §60; 1979 c.562 §30; 1997 c.791 §20]
677.335
Official actions of board and personnel; privileges and immunities; scope of
immunity of complainant. (1) Members of the Oregon
Medical Board, members of its administrative and investigative staff, medical
consultants, and its attorneys acting as prosecutors or counsel shall have the
same privilege and immunities from civil and criminal proceedings arising by
reason of official actions as prosecuting and judicial officers of the state.
(2) No person who has made a complaint as
to the conduct of a licensee of the board or who has given information or testimony
relative to a proposed or pending proceeding for misconduct against the
licensee of the board, shall be answerable for any such act in any proceeding
except for perjury committed by the person. [1975 c.776 §2; 1989 c.830 §26]
677.340
[Amended by 1967 c.470 §6; renumbered 677.075]
(Artificial
Insemination)
677.355
“Artificial insemination” defined. As used in
ORS 109.239 to 109.247, 677.355 to 677.370 and 677.990 (3), “artificial
insemination” means introduction of semen into a woman’s vagina, cervical canal
or uterus through the use of instruments or other artificial means. [1977 c.686
§1]
Note:
677.355 to 677.370 and 677.990 (3) were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 677 or any series
therein by legislative action. See Preface to Oregon Revised Statutes for
further explanation.
677.360
Who may select donors and perform procedure. Only
physicians licensed under ORS chapter 677 and persons under their supervision
may select artificial insemination donors and perform artificial insemination. [1977
c.686 §2]
Note:
See note under 677.355.
677.365
Consent required; filing with State Registrar of the Center for Health
Statistics; notice to physician. (1)
Artificial insemination shall not be performed upon a woman without her prior
written request and consent and, if she is married, the prior written request
and consent of her husband.
(2) Whenever a child is born who may have
been conceived by the use of semen of a donor who is not the woman’s husband, a
copy of the request and consent required under subsection (1) of this section
shall be filed by the physician who performs the artificial insemination with
the State Registrar of the Center for Health Statistics. The state registrar
shall prescribe the form of reporting.
(3) The information filed under subsection
(2) of this section shall be sealed by the state registrar and may be opened
only upon an order of a court of competent jurisdiction.
(4) If the physician who performs the
artificial insemination does not deliver the child conceived as a result of the
use of semen of a donor who is not the woman’s husband, it is the duty of the
woman and the husband who consented pursuant to subsection (1) of this section
to give that physician notice of the child’s birth. The physician who performs
the artificial insemination shall be relieved of all liability for
noncompliance with subsection (2) of this section if the noncompliance results
from lack of notice to the physician about the birth. [1977 c.686 §3]
Note:
See note under 677.355.
677.370
Who may be donor. No semen shall be donated for
use in artificial insemination by any person who:
(1) Has any disease or defect known by him
to be transmissible by genes; or
(2) Knows or has reason to know he has a
venereal disease. [1977 c.686 §4]
Note:
See note under 677.355.
(Competency
to Practice Medicine or Podiatry)
677.410
Voluntary limitation of license; removal of limitation.
A licensee may request in writing to the Oregon Medical Board a limitation of
license to practice medicine or podiatry, respectively. The board may grant
such request for limitation and shall have authority, if it deems appropriate,
to attach conditions to the license of the licensee within the provisions of
ORS 677.205 and 677.410 to 677.425. Removal of a voluntary limitation on
licensure to practice medicine or podiatry shall be determined by the board. [1975
c.796 §5; 1981 c.339 §1; 1983 c.486 §41]
677.415
Investigation of incompetence; reports to board; contents; informal interview;
penalty for failure to report official action.
(1) As used in this section:
(a) “Health care facility” means a
facility licensed under ORS 441.015 to 441.087.
(b) “Official action” means a restriction,
limitation, loss or denial of privileges of a licensee to practice medicine, or
any formal action taken against a licensee by a government agency or a health
care facility based on a finding of medical incompetence, unprofessional
conduct, physical incapacity or impairment.
(2) The Oregon Medical Board on the board’s
own motion may investigate any evidence that appears to show that a licensee
licensed by the board is or may be medically incompetent or is or may be guilty
of unprofessional or dishonorable conduct or is or may be a licensee with a
physical incapacity or an impairment as defined in ORS 676.303.
(3) A licensee licensed by the Oregon
Medical Board, the Oregon Medical Association, Inc., or any component society
thereof, the Osteopathic Physicians and Surgeons of Oregon, Inc. or the Oregon
Podiatric Medical Association shall report within 10 working days, and any
other person may report, to the board any information such licensee,
association, society or person may have that appears to show that a licensee is
or may be medically incompetent or is or may be guilty of unprofessional or
dishonorable conduct or is or may be a licensee with a physical incapacity.
(4) A licensee shall self-report within 10
working days any official action taken against the licensee.
(5) A health care facility shall report to
the Oregon Medical Board any official action taken against a licensee within 10
business days of the date of the official action.
(6) A licensee’s voluntary withdrawal from
the practice of medicine or podiatry, voluntary resignation from the staff of a
health care facility or voluntary limitation of the licensee’s staff privileges
at such a health care facility shall be promptly reported to the Oregon Medical
Board by the health care facility and the licensee if the licensee’s voluntary
action occurs while the licensee is under investigation by the health care
facility or a committee thereof for any reason related to possible medical
incompetence, unprofessional conduct or physical incapacity or impairment as
defined in ORS 676.303.
(7)(a) A report made in accordance with
subsection (3) of this section shall contain:
(A) The name, title, address and telephone
number of the person making the report; and
(B) Information that appears to show that
a licensee is or may be medically incompetent, is or may be guilty of
unprofessional or dishonorable conduct or is or may be a licensee with a
physical incapacity.
(b) The Oregon Medical Board may not
require in a report made in accordance with subsection (5) or (6) of this section
more than:
(A) The name, title, address and telephone
number of the licensee making the report or the name, address and telephone
number of the health care facility making the report;
(B) The date of an official action taken
against the licensee or the licensee’s voluntary action under subsection (6) of
this section; and
(C) A description of the official action
or the licensee’s voluntary action, as appropriate to the report, including:
(i) The specific restriction, limitation,
suspension, loss or denial of the licensee’s medical staff privileges and the
effective date or term of the restriction, limitation, suspension, loss or
denial; or
(ii) The fact that the licensee has
voluntarily withdrawn from the practice of medicine or podiatry, voluntarily resigned
from the staff of a health care facility or voluntarily limited the licensee’s
privileges at a health care facility and the effective date of the withdrawal,
resignation or limitation.
(c) The Oregon Medical Board may not
require in a report made in accordance with subsection (4) of this section more
than:
(A) The name, title, address and telephone
number of the licensee making the report; and
(B) The specific restriction, limitation,
suspension, loss or denial of the licensee’s staff privileges and the effective
date or term of the restriction, limitation, suspension, loss or denial.
(8) A report made in accordance with this
section may not include any data that is privileged under ORS 41.675.
(9) If, in the opinion of the Oregon
Medical Board, it appears that information provided to it under this section is
or may be true, the board may order an informal interview with the licensee
subject to the notice requirement of ORS 677.320.
(10)(a) A health care facility’s failure
to report an official action as required under subsection (5) of this section
constitutes a violation of this section. The health care facility is subject to
a penalty of not more than $10,000 for each violation. The Oregon Medical Board
may impose the penalty in accordance with ORS 183.745 and, in addition to the
penalty, may assess reasonable costs the board incurs in enforcing the
requirements of this section against the health care facility if the
enforcement results in the imposition of a civil penalty.
(b) The Attorney General may bring an
action in the name of the State of Oregon in a court of appropriate
jurisdiction to recover a civil penalty and costs assessed under this
subsection.
(c) A civil penalty assessed or recovered
in accordance with this subsection shall be paid to the State Treasury and the
State Treasurer shall credit the amount of the payment to the Primary Care
Services Fund established under ORS 442.570.
(11) A person who reports in good faith to
the Oregon Medical Board as required by this section is immune from civil
liability by reason of making the report. [1975 c.796 §6; 1977 c.448 §11; 1981
c.339 §2; 1983 c.486 §42; 1985 c.322 §5; 1989 c.830 §27; 1997 c.792 §27; 2003
c.554 §1; 2007 c.70 §302; 2007 c.803 §2; 2009 c.756 §28; 2010 c.42 §15]
677.417
Medical incompetence, unprofessional conduct, physical incapacity, impairment;
rules. The Oregon Medical Board shall
determine by rule what constitutes medical incompetence, unprofessional
conduct, physical incapacity or impairment for the purposes of ORS chapter 677.
[2003 c.554 §2; 2009 c.756 §29]
Note:
677.417 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 677 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
677.420
Competency examination; investigation; consent by licensee; assistance.
(1) Notwithstanding any other provisions of this chapter, the Oregon Medical
Board may at any time direct and order a mental, physical or medical competency
examination or any combination thereof, and make such investigation, including
the taking of depositions or otherwise in order to fully inform itself with
respect to the performance or conduct of a licensee.
(2) If the board has reasonable cause to
believe that any licensee is or may be unable to practice medicine or podiatry
with reasonable skill and safety to patients, the board shall cause a
competency examination of such licensee for purposes of determining the fitness
of the licensee to practice medicine or podiatry with reasonable skill and
safety to patients.
(3) Any licensee by practicing or by
filing a registration to practice medicine or podiatry shall be deemed to have
given consent to submit to mental or physical examination when so directed by
the board and, further, to have waived all objection to the admissibility of
information derived from such mental or physical or medical competency
examination on the grounds of privileged communication.
(4) The board may request any medical
organization to assist the board in preparing for or conducting any medical
competency examination that the board may consider appropriate. [1975 c.796 §7;
1981 c.339 §3; 1983 c.486 §43; 1989 c.830 §28]
677.425
Confidential information; immunity. (1) Any
information that the Oregon Medical Board obtains pursuant to ORS 677.200,
677.205 or 677.410 to 677.425 is confidential as provided under ORS 676.175.
(2) Any person who reports or provides
information to the board under ORS 677.205 and 677.410 to 677.425 and who
provides information in good faith shall not be subject to an action for civil
damages as a result thereof. [1975 c.796 §8; 1983 c.486 §44; 1989 c.830 §29;
1991 c.485 §7; 1997 c.791 §21]
677.435
[1977 c.448 §§2,3,4; 1981 c.339 §4; repealed by 1987 c.774 §61]
677.450
Release of certain information to health care facilities.
The Oregon Medical Board may release information received under ORS 441.820
concerning the revocation or restriction of a physician’s or podiatric
physician and surgeon’s activities at a health care facility to any other
health care facility licensed under ORS 441.015 to 441.087, 441.525 to 441.595,
441.815, 441.820, 441.990, 442.342, 442.344 and 442.400 to 442.463 at which
that physician or podiatric physician and surgeon holds or has applied for
staff privileges or other right to practice medicine or podiatry at the
facility. [1977 c.448 §5; 1981 c.339 §5]
677.455
[1993 c.323 §4; renumbered 677.837 in 1995]
(Administration
of Controlled Substances for Pain)
677.470
Definitions for ORS 677.470 to 677.480. As used in
ORS 677.470 to 677.480:
(1) “Controlled substance” has the meaning
given that term under ORS 475.005.
(2) “Health care professional” means a
person licensed by a health professional regulatory board who is practicing
within the scope of practice of that licensure and who is authorized to
prescribe or administer controlled substances.
(3) “Health professional regulatory board”
has the meaning given that term in ORS 676.440. [1995 c.380 §2; 1999 c.480 §1;
2007 c.351 §1]
677.474
Administration of controlled substances for pain allowed; exceptions.
(1) Notwithstanding any other provision of this chapter and notwithstanding ORS
678.010 to 678.410 and ORS chapters 679 and 689, a health care professional may
prescribe or administer controlled substances to a person in the course of
treating that person for a diagnosed condition causing pain.
(2) A health care professional shall not
be subject to disciplinary action by a health professional regulatory board for
prescribing or administering controlled substances in the course of treatment
of a person for pain with the goal of controlling the patient’s pain for the
duration of the pain.
(3) Subsections (1) and (2) of this
section do not apply to:
(a) A health care professional’s treatment
of a person for chemical dependency resulting from the use of controlled
substances;
(b) The prescription or administration of
controlled substances to a person the health care professional knows to be
using the controlled substances for nontherapeutic purposes;
(c) The prescription or administration of
controlled substances for the purpose of terminating the life of a person
having pain, except as allowed under ORS 127.800 to 127.897; or
(d) The prescription or administration of
a substance that is not a controlled substance approved by the United States
Food and Drug Administration for pain relief.
(4) Subsection (2) of this section does
not exempt the governing body of any hospital or other medical facility from
the requirements of ORS 441.055. [1995 c.380 §7 (enacted in lieu of 677.475);
1999 c.480 §2; 2003 c.408 §1; 2007 c.351 §2]
677.475
[1995 c.380 §3 (677.474 enacted in lieu of 677.475 by 1995 c.380 §6); repealed
by 2005 c.44 §1]
677.480
Discipline. ORS 677.474 does not prohibit a health
professional regulatory board from placing on probation or denying, revoking,
limiting or suspending the license of any health care professional who does any
of the following:
(1) Prescribes or administers a controlled
substance or treatment that is nontherapeutic in nature or nontherapeutic as
administered or prescribed or that is administered or prescribed for a
nontherapeutic purpose.
(2) Fails to keep a complete and accurate
record of controlled substance purchases, dispensing and disposal as required
by the Comprehensive Drug Abuse Prevention and Control Act of 1970 (P.L.
91-513), other federal law or ORS 475.005 to 475.285 and 475.752 to 475.980.
(3) Prescribes controlled substances
without a legitimate medical purpose.
(4) Prescribes, administers or dispenses
controlled substances in a manner detrimental to the best interest of the
public.
(5) Prescribes, administers or dispenses a
controlled substance in a manner prohibited under ORS 475.005 to 475.285 or
475.752 to 475.980.
(6) Falsifies prescription information,
including, but not limited to, the identity of the recipient. [1995 c.380 §4;
2003 c.408 §2; 2007 c.351 §3]
677.485
[1995 c.380 §5; 2003 c.408 §3; 2007 c.86 §7; repealed by 2007 c.351 §5]
(Miscellaneous)
677.490
Fees when patient served or referred to diabetes self-management program.
(1) If a physician refers a patient to diabetes self-management education
services provided at a different time and place from other health services
provided to the patient by the physician, the referring physician is entitled
to receive no more than the total salary and benefits to personnel providing
the services plus the cost of materials and services directly related to the
services, if any of these costs are paid by the physician; or
(2) If the referring physician personally
provides the diabetes self-management education services, the physician is
entitled to receive no more than the usual and customary charges for routine
office visits of comparable duration. [1987 c.720 §6]
Note:
677.490 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 677 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
677.491
Reporting toy-related injury or death; rules. (1)
Whenever any physician determines or reasonably suspects the injury or death of
a person to be toy-related, the physician shall, in accordance with rules
adopted under subsection (5) of this section, report the physician’s findings
to the Director of the Oregon Health Authority.
(2) The director of any hospital, health
care facility, health maintenance organization, public health center, medical
center or emergency medical treatment facility where any physician has made a
determination or has a reasonable suspicion under subsection (1) of this
section as to whether an injury or death is toy-related, shall, in accordance
with the rules adopted under subsection (5) of this section, report that
physician’s findings to the Director of the Oregon Health Authority.
(3) The Director of the Oregon Health
Authority shall review, organize and keep a record of the information set forth
in the reports of toy-related injuries and deaths submitted by physicians under
this section. The director, on a regular basis, shall make the information
recorded under this section available to the United States Consumer Product
Safety Commission for inclusion in its Injury or Potential Injury Incident Data
Base. The information so recorded shall also be made available to the public
for a fee determined by the director.
(4) If the director determines that a
specific toy or item poses an immediate danger or potential threat to the
safety of the citizens of this state, the director shall immediately issue a
public notice warning the public, retail sellers and distributors of the
director’s findings and recommendations concerning that toy or item.
(5) The director shall adopt rules to
implement this section. [1991 c.325 §1; 2009 c.595 §1053]
Note:
677.491 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 677 by legislative action. See Preface to Oregon
Revised Statutes for further explanation.
677.492
Liability of physician for acts of certain other health care providers.
(1) If a physician is required to be responsible for the care of a patient of
another health care provider with admitting privileges to a health care
facility as a condition to the patient’s admission to and continued care in a
health care facility, the physician is not liable for the acts or omissions of
the other health care provider that result in injury, death or damage to the
patient unless:
(a) At the time the injury, death or
damage occurs, the physician is physically present and directly supervising the
other health care provider;
(b) At the time the injury, death or
damage occurs, the physician is not physically present, but the physician is
directly supervising and instructing the other health care provider; or
(c) The injury, death or damage to the
patient results from a direct violation of a written hospital patient care
protocol by the other health care provider, the physician knew or in the
exercise of reasonable care should have known of the violation in time to take
action to prevent the injury, death or damage, and the physician failed to take
action to prevent the injury, death or damage.
(2) The immunity provided by this section
applies only to a person who holds a degree of Doctor of Medicine or Doctor of
Osteopathy who is licensed to practice medicine under the provisions of ORS
chapter 677.
(3) The immunity provided by this section
does not apply if the other health care provider is an employee, a partner or a
fellow shareholder of the physician in a corporation established for the
provision of health care services. [1995 c.695 §1]
Note:
677.492 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 677 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
PHYSICIAN
ASSISTANTS
677.495
Definitions for ORS 677.495 to 677.545. As used in
ORS 677.495 to 677.545, unless the context requires otherwise:
(1) “Physician assistant” means a person
who is licensed in accordance with ORS 677.505 to 677.525.
(2) “Practice agreement” means a written
agreement between a physician assistant and a supervising physician or
supervising physician organization that describes the manner in which the
services of the physician assistant will be used.
(3) “Supervising physician” means a
physician licensed to practice medicine under this chapter who supervises a
physician assistant.
(4) “Supervising physician organization”
means a group of supervising physicians that collectively supervises a physician
assistant.
(5) “Supervision” means the acts of
overseeing and accepting responsibility for the medical services provided by a
physician assistant in accordance with a practice agreement, including regular
and routine oversight and chart review. [Formerly 677.012; 1983 c.486 §45; 1987
c.660 §24; 1989 c.830 §30; 1999 c.119 §1; 1999 c.582 §1; 2001 c.744 §§3,4; 2005
c.366 §1; 2007 c.347 §1; 2010 c.43 §1; 2011 c.550 §1]
677.500
Policy. It is the intent of the Legislative
Assembly in requiring the licensure of physician assistants to encourage
appropriate use of physician assistants in the delivery of health care services
to the extent of a physician assistant’s education and experience. [1981 c.220 §9;
1989 c.830 §31; 1999 c.582 §2; 2010 c.43 §2; 2011 c.550 §2]
677.505
Application of provisions governing physician assistants to other health
professions. (1) ORS 677.495 and 677.505 to 677.525
are not intended to alter or affect ORS chapter 678, regarding the practice of
nursing; ORS chapter 679, regarding the practice of dentistry; ORS 680.010 to
680.205, regarding the practice of dental hygienists and auxiliaries; or ORS
683.010 to 683.340, regarding the practice of optometry.
(2) ORS 677.495 and 677.505 to 677.525 do
not require an employee of a person licensed to practice medicine under this
chapter, or of a medical clinic or hospital to be licensed under ORS 677.495
and 677.505 to 677.525, unless the employee is practicing as a physician
assistant in which case the individual shall be licensed under ORS 677.495 and
677.505 to 677.525. [Formerly 677.055; 1999 c.582 §3]
677.510
Board approval of using services of physician assistant; supervision; practice
agreement; emergency drug dispensing authority; pain management education.
(1) A person licensed to practice medicine under this chapter may not use the
services of a physician assistant without the prior approval of the Oregon
Medical Board.
(2) A supervising physician or a
supervising physician organization may apply to the board to use the services
of a physician assistant. The application shall:
(a) If the applicant is not a supervising
physician organization, state the name and contact information of the
supervising physician;
(b) If the applicant is a supervising
physician organization:
(A) State the names and contact
information of all supervising physicians; and
(B) State the name of the primary
supervising physician required by subsection (5) of this section;
(c) Generally describe the medical
services provided by each supervising physician;
(d) Contain a statement acknowledging that
each supervising physician has reviewed statutes and rules relating to the
practice of physician assistants and the role of a supervising physician; and
(e) Provide such other information in such
a form as the board may require.
(3) The board shall approve or reject an
application within seven working days after the board receives the application,
unless the board is conducting an investigation of the supervising physician or
of any of the supervising physicians in a supervising physician organization
applying to use the services of a physician assistant.
(4) A supervising physician organization
shall provide the board with a list of the supervising physicians in the
supervising physician organization. The supervising physician organization
shall continually update the list and notify the board of any changes.
(5) A supervising physician organization
shall designate a primary supervising physician and notify the board in the
manner prescribed by the board.
(6)(a) A physician assistant may not
practice medicine until the physician assistant enters into a practice
agreement with a supervising physician or supervising physician organization
whose application has been approved under subsection (3) of this section. The
practice agreement must:
(A) Include the name, contact information
and license number of the physician assistant and each supervising physician.
(B) Describe the degree and methods of
supervision that the supervising physician or supervising physician
organization will use. The degree of supervision, whether general, direct or
personal, must be based on the level of competency of the physician assistant
as judged by the supervising physician.
(C) Generally describe the medical duties
delegated to the physician assistant.
(D) Describe the services or procedures
common to the practice or specialty that the physician assistant is not
permitted to perform.
(E) Describe the prescriptive and
medication administration privileges that the physician assistant will
exercise.
(F) Provide the list of settings and
licensed facilities in which the physician assistant will provide services.
(G) State that the physician assistant and
each supervising physician is in full compliance with the laws and regulations
governing the practice of medicine by physician assistants, supervising
physicians and supervising physician organizations and acknowledge that
violation of laws or regulations governing the practice of medicine may subject
the physician assistant and supervising physician or supervising physician
organization to discipline.
(H) Be signed by the supervising physician
or the primary supervising physician of the supervising physician organization
and by the physician assistant.
(I) Be updated at least every two years.
(b) The supervising physician or
supervising physician organization shall provide the board with a copy of the
practice agreement within 10 days after the physician assistant begins practice
with the supervising physician or supervising physician organization. The
supervising physician or supervising physician organization shall keep a copy
of the practice agreement at the practice location and make a copy of the
practice agreement available to the board on request. The practice agreement is
not subject to board approval, but the board may request a meeting with a
supervising physician or supervising physician organization and a physician
assistant to discuss a practice agreement.
(7) A physician assistant’s supervising
physician shall ensure that the physician assistant is competent to perform all
duties delegated to the physician assistant. The supervising physician or
supervising physician organization and the physician assistant are responsible
for ensuring the competent practice of the physician assistant.
(8) A supervising physician or the agent
of a supervising physician must be competent to perform the duties delegated to
the physician assistant by the supervising physician or by a supervising
physician organization.
(9) The board may not require that a
supervising physician be physically present at all times when the physician
assistant is providing services, but may require that:
(a) The physician assistant have access to
personal or telephone communication with a supervising physician when the
physician assistant is providing services; and
(b) The proximity of a supervising
physician and the methods and means of supervision be appropriate to the
practice setting and the patient conditions treated in the practice setting.
(10)(a) A supervising physician
organization may supervise any number of physician assistants. The board may
not adopt rules limiting the number of physician assistants that a supervising
physician organization may supervise.
(b) A physician assistant who is
supervised by a supervising physician organization may be supervised by any of
the supervising physicians in the supervising physician organization.
(11) If a physician assistant is not
supervised by a supervising physician organization, the physician assistant may
be supervised by no more than four supervising physicians, unless the board
approves a request from the physician assistant, or from a supervising
physician, for the physician assistant to be supervised by more than four
supervising physicians.
(12) A supervising physician who is not
acting as part of a supervising physician organization may supervise four
physician assistants, unless the board approves a request from the supervising
physician or from a physician assistant for the supervising physician to
supervise more than four physician assistants.
(13) A supervising physician who is not
acting as part of a supervising physician organization may designate a
physician to serve as the agent of the supervising physician for a
predetermined period of time.
(14) A physician assistant may render
services in any setting included in the practice agreement.
(15) A physician assistant may apply to
the board for emergency drug dispensing authority. The board shall consider the
criteria adopted by the Physician Assistant Committee under ORS 677.545 (4) in
reviewing the application. A physician assistant with emergency drug dispensing
authority may dispense only drugs that have been prepared or prepackaged by a
licensed pharmacist, manufacturing drug outlet or wholesale drug outlet
authorized to do so under ORS chapter 689.
(16) A physician assistant for whom an
application under this section has been approved by the board on or after
January 2, 2006, shall submit to the board, within 24 months after the
approval, documentation of completion of:
(a) A pain management education program
approved by the board and developed in conjunction with the Pain Management
Commission established under ORS 413.570; or
(b) An equivalent pain management
education program, as determined by the board. [1971 c.649 §7; 1981 c.220 §10;
1995 c.374 §1; 1997 c.695 §1; 1999 c.119 §2; 1999 c.430 §1; 1999 c.582 §4; 2001
c.743 §§1,2; 2001 c.987 §14a; 2005 c.366 §2; 2007 c.347 §2; 2009 c.595 §1054;
2010 c.43 §3; 2011 c.550 §3]
Note:
Sections 9 and 10 (1), chapter 550, Oregon Laws 2011, provide:
Sec.
9. Notwithstanding the amendments to ORS
677.097, 677.495, 677.500, 677.510, 677.512, 677.515, 677.535 and 677.545 by
sections 1 to 8 of this 2011 Act:
(1) A physician assistant practicing under
a practice description approved by the Oregon Medical Board under ORS 677.510
as in effect immediately before the operative date of the amendments to ORS
677.510 by section 3 of this 2011 Act may continue to practice in accordance
with the practice description and is not required to enter into a practice
agreement under ORS 677.510.
(2) A physician assistant licensed under
ORS 677.512 as in effect immediately before the operative date of the
amendments to ORS 677.512 by section 4 of this 2011 Act may renew the physician
assistant’s license without meeting the requirements of ORS 677.512 (2)(c) and
(d). [2011 c.550 §9]
Sec.
10. (1) The amendments to ORS 677.097,
677.495, 677.500, 677.510, 677.512, 677.515, 677.535 and 677.545 by sections 1
to 8 of this 2011 Act become operative on January 1, 2012. [2011 c.550 §10(1)]
677.512
Licensure; renewal; fees; rules. (1) A person
seeking licensure as a physician assistant shall complete an application form
provided by the Oregon Medical Board and submit the form to the board,
accompanied by nonrefundable fees for the application and for the license in
amounts determined by rule of the board.
(2) The board may issue a license to a
physician assistant who:
(a) Submits an application as required by
the board by rule;
(b) Pays the application fee established
by the board by rule;
(c) Has completed an educational program
accredited by a nationally recognized accreditation organization for physician
assistant educational programs;
(d) Has passed the initial national examination
required of physician assistants to become nationally certified;
(e) Is mentally and physically able to
engage safely in practice as a physician assistant;
(f) Has not been disciplined by a
physician assistant licensing board in another state, unless the board
considers the discipline and determines that the person is competent to
practice as a physician assistant; and
(g) Is of good moral character as
determined by the board.
(3) The board may issue a license by
reciprocity to a person who is licensed as a physician assistant in another
state and meets the requirements of subsection (2)(c) and (d) of this section.
(4) The board shall adopt necessary and
proper rules to govern the renewal of licenses issued under this section. [2007
c.240 §2; 2011 c.550 §4]
Note:
See note under 677.510.
677.515
Medical services rendered by physician assistant.
(1) A physician assistant licensed under ORS 677.512 may provide any medical
service, including prescribing and administering controlled substances in
schedules II through V under the federal Controlled Substances Act:
(a) That is delegated by the physician
assistant’s supervising physician or supervising physician organization;
(b) That is within the scope of practice
of the physician assistant;
(c) That is within the scope of practice
of the supervising physician or supervising physician organization;
(d) That is provided under the supervision
of the supervising physician or supervising physician organization;
(e) That is generally described in and in
compliance with the practice agreement; and
(f) For which the physician assistant has
obtained informed consent as provided in ORS 677.097, if informed consent is
required.
(2) This chapter does not prohibit a
student enrolled in a program for educating physician assistants approved by
the board from rendering medical services if the services are rendered in the
course of the program.
(3) The degree of independent judgment
that a physician assistant may exercise shall be determined by the supervising
physician, or supervising physician organization, and the physician assistant
in accordance with the practice agreement.
(4) A supervising physician, upon the
approval of the board and in accordance with the rules established by the
board, may delegate to the physician assistant the authority to administer and
dispense limited emergency medications and to prescribe medications pursuant to
this section and ORS 677.535 to 677.545. Neither the board nor the Physician
Assistant Committee shall limit the privilege of administering, dispensing and
prescribing to population groups federally designated as underserved, or to
geographic areas of the state that are federally designated health professional
shortage areas, federally designated medically underserved areas or areas
designated as medically disadvantaged and in need of primary health care
providers by the Director of the Oregon Health Authority or the Office of Rural
Health. All prescriptions written pursuant to this subsection shall bear the
name, office address and telephone number of the supervising physician.
(5) This chapter does not require or
prohibit a physician assistant from practicing in a hospital licensed pursuant
to ORS 441.015 to 441.089.
(6) Prescriptions for medications
prescribed by a physician assistant in accordance with this section and ORS
475.005, 677.010, 677.500, 677.510 and 677.535 to 677.545 and dispensed by a
licensed pharmacist may be filled by the pharmacist according to the terms of
the prescription, and the filling of such a prescription does not constitute
evidence of negligence on the part of the pharmacist if the prescription was
dispensed within the reasonable and prudent practice of pharmacy. [Formerly
677.065; 1985 c.747 §52; 1989 c.830 §32; 1993 c.571 §27; 1999 c.119 §3; 1999
c.582 §5; 2001 c.744 §§1,2; 2005 c.366 §3; 2009 c.595 §1055; 2010 c.43 §4; 2011
c.550 §5]
677.518
Authority to sign death certificate. A physician
assistant, practicing under the supervision of a supervising physician or a
supervising physician organization, is authorized to complete and sign death
certificates. Death certificates signed by a physician assistant shall be
accepted as fulfilling all of the laws dealing with death certificates. A
physician assistant who signs a death certificate must comply with all
provisions of ORS 432.307. [2003 c.104 §1; 2010 c.43 §5]
Note:
677.518 was added to and made a part of 677.495 to 677.545 by legislative
action but was not added to any smaller series therein. See Preface to Oregon
Revised Statutes for further explanation.
677.520
Performance of medical services by unlicensed physician assistant prohibited.
Performance of any medical services by a physician assistant after the
revocation or suspension of the license by the Oregon Medical Board, after expiration
of a temporary license or in the absence of renewal of a license constitutes
the unauthorized practice of medicine and subjects the physician assistant to
the penalties provided in ORS 677.990. [Formerly 677.090; 1983 c.486 §67; 1989
c.830 §33; 1999 c.582 §6]
677.525
Fees; how determined. Every physician assistant shall
pay to the Oregon Medical Board nonrefundable fees as determined by the board
pursuant to ORS 677.265. [Formerly 677.232; 1983 c.486 §48; 1989 c.830 §34]
677.530
[Formerly 677.255; repealed by 1989 c.830 §49]
677.532
[1983 c.486 §47; repealed by 1989 c.830 §49]
677.535
Limited license. The Oregon Medical Board may
grant a limited license to a physician assistant if the applicant meets the
qualifications of the board, the application file is complete and no derogatory
information has been submitted but board approval is pending. [1981 c.220 §8;
1983 c.486 §48a; 1989 c.830 §35; 1999 c.582 §7; 2010 c.43 §6; 2011 c.550 §6]
677.540
Physician Assistant Committee; appointment; term.
(1) There is created a Physician Assistant Committee, which shall consist of
five members. Members of the committee shall be appointed as follows:
(a) The Oregon Medical Board shall appoint
one of its members and one physician. One of the two must supervise a physician
assistant.
(b) The Oregon Medical Board shall appoint
three physician assistants after considering persons nominated by the Oregon
Society of Physician Assistants.
(2) The term of each member of the
committee shall be for three years. A member may not serve more than two
consecutive terms. A member shall serve until a successor is appointed. If a
vacancy occurs, it shall be filled for the unexpired term by a person with the
same qualifications as the retiring member.
(3) If any vacancy under subsection (1) of
this section is not filled within 45 days, the Governor shall make the
necessary appointment from the category which is vacant.
(4) The committee shall elect its own
chairperson with such powers and duties as the committee shall fix.
(5) A quorum of the committee shall be
three members. The committee shall hold a meeting at least once quarterly and
at such other times the committee considers advisable to review requests for
prescription and dispensing privileges and to review applications for licensure
or renewal.
(6) The chairperson may call a special
meeting of the Physician Assistant Committee upon at least 10 days’ notice in
writing to each member, to be held at any place designated by the chairperson.
(7) The committee members are entitled to
compensation and expenses as provided for board members in ORS 677.235. [1981
c.220 §5; 1989 c.830 §36; 1999 c.582 §8; 2001 c.345 §1; 2001 c.348 §1; 2007
c.240 §1; 2009 c.535 §7]
677.545
Duties of committee. The Physician Assistant Committee
shall:
(1) Review and make recommendations to the
Oregon Medical Board regarding all matters relating to physician assistants,
including but not limited to:
(a) Applications for licensure;
(b) Disciplinary proceedings; and
(c) Renewal requirements.
(2) Review applications of physician
assistants for dispensing privileges.
(3) Recommend approval or disapproval of
applications submitted under subsection (1) or (2) of this section to the
board.
(4) Recommend criteria to be used in
granting dispensing privileges under ORS 677.515.
(5) Review the criteria for prescriptive
privileges that may include all or parts of Schedules II, III, IV and V
controlled substances and the procedures for physician assistants, supervising
physicians and supervising physician organizations to follow in exercising the
prescriptive privileges. A statement regarding Schedule II controlled
substances prescriptive privileges must be included in the practice agreement.
The Schedule II controlled substances prescriptive privileges of a physician
assistant shall be limited by the practice agreement and may be restricted
further by the supervising physician or supervising physician organization at
any time. The supervising physician or supervising physician organization shall
notify the physician assistant and the board of any additional restrictions
imposed by the supervising physician or supervising physician organization. To
be eligible for Schedule II controlled substances prescriptive privileges, a
physician assistant must be certified by the National Commission on
Certification of Physician Assistants and must complete all required continuing
medical education coursework. [1981 c.220 §7; 1989 c.830 §37; 1999 c.582 §9;
2003 c.447 §1; 2010 c.43 §7; 2011 c.550 §7]
677.550
[1981 c.220 §6; 1987 c.660 §25; 1989 c.830 §38; repealed by 1995 c.727 §48]
677.610
[1975 c.695 §2; 1977 c.581 §3; 1983 c.486 §49; repealed by 1989 c.782 §40]
677.615
[1989 c.705 §1; 2007 c.70 §303; 2007 c.796 §1; repealed by 2009 c.697 §14]
677.620
[1975 c.695 §11; repealed by 1989 c.782 §40]
677.625
[1989 c.705 §2; 2007 c.70 §304; 2007 c.796 §2; repealed by 2009 c.697 §14]
677.630
[1975 c.695 §15; repealed by 1983 c.486 §68]
677.635
[1989 c.705 §3; 2007 c.70 §305; 2007 c.796 §3; repealed by 2009 c.697 §14]
677.640
[1975 c.695 §12; 1983 c.486 §50; repealed by 1989 c.782 §40]
677.645
[1989 c.705 §4; 2001 c.347 §1; 2007 c.796 §4; repealed by 2009 c.697 §14]
677.650
[1975 c.695 §13; 1983 c.486 §51; repealed by 1989 c.782 §40]
677.655
[1989 c.705 §5; 1997 c.792 §28; 2007 c.796 §5; 2009 c.756 §30; repealed by 2009
c.697 §14]
677.660
[1975 c.695 §10; repealed by 1983 c.486 §68]
677.665
[1989 c.705 §6; 2007 c.796 §6; repealed by 2009 c.697 §14]
677.670
[1975 c.695 §14; 1979 c.292 §4; 1983 c.486 §52; 1989 c.830 §39; repealed by
1989 c.782 §40]
677.675
[1983 c.486 §55; renumbered 823.215 in 1989]
677.677
[1989 c.705 §7; 1991 c.703 §23; 2007 c.86 §8; 2007 c.796 §7; repealed by 2009
c.697 §14]
677.680
[1975 c.695 §16; 1979 c.165 §1; 1983 c.486 §53; 1989 c.830 §40; repealed by
1989 c.782 §40]
677.690
[1975 c.695 §17; 1983 c.486 §56; repealed by 1989 c.782 §40 and 1989 c.830 §49]
677.700
[1975 c.695 §18; 1983 c.486 §57; repealed by 1989 c.782 §40]
677.750
[Formerly 677.257; repealed by 1991 c.204 §2]
677.755
[Formerly 677.259; 1991 c.204 §1; 1991 c.314 §1; repealed by 1993 c.378 §7]
ACUPUNCTURISTS
677.757
Definitions for ORS 677.757 to 677.770. As used in ORS
677.757 to 677.770:
(1)(a) “Acupuncture” means an Oriental
health care practice used to promote health and to treat neurological, organic
or functional disorders by the stimulation of specific points on the surface of
the body by the insertion of needles. “Acupuncture” includes the treatment
method of moxibustion, as well as the use of electrical, thermal, mechanical or
magnetic devices, with or without needles, to stimulate acupuncture points and
acupuncture meridians and to induce acupuncture anesthesia or analgesia.
(b) The practice of acupuncture also
includes the following modalities as authorized by the Oregon Medical Board:
(A) Traditional and modern techniques of
diagnosis and evaluation;
(B) Oriental massage, exercise and related
therapeutic methods; and
(C) The use of Oriental pharmacopoeia,
vitamins, minerals and dietary advice.
(2) “Oriental pharmacopoeia” means a list
of herbs described in traditional Oriental texts commonly used in accredited
schools of Oriental medicine if the texts are approved by the Oregon Medical
Board. [1993 c.378 §1]
677.759
License required; qualifications; effect of using certain terms; rules.
(1) No person shall practice acupuncture without first obtaining a license to
practice medicine and surgery or a license to practice acupuncture from the
Oregon Medical Board except as provided in subsection (2) of this section.
(2) Notwithstanding subsection (1) of this
section, the board may issue a license to practice acupuncture to an individual
licensed to practice acupuncture in another state or territory of the United
States if the individual is licensed to practice medicine and surgery or
acupuncture in the other state or territory. The board shall not issue such a
license unless the requirements of the other state or territory are similar to
the requirements of this state.
(3) The board shall examine the
qualifications of an applicant and determine who shall be authorized to
practice acupuncture.
(4) Using the term “acupuncture,” “acupuncturist,”
“Oriental medicine” or any other term, title, name or abbreviation indicating
that an individual is qualified or licensed to practice acupuncture is prima
facie evidence of practicing acupuncture.
(5) In addition to the powers and duties
of the board described in this chapter, the board shall adopt rules consistent
with ORS 677.757 to 677.770 governing the issuance of a license to practice
acupuncture. [1993 c.378 §2]
677.760
[Formerly 677.261; repealed by 1989 c.830 §49]
677.761
Persons and practices not within scope of ORS 677.757 to 677.770.
Nothing in ORS 677.757 to 677.770 is intended to:
(1) Prevent, limit or interfere with an
individual licensed or certified by the Oregon Medical Board from practicing
health care other than acupuncture within the scope of the license or
certification of the individual.
(2) Limit any other licensed or certified
health care practitioner from practicing acupressure or other therapy within
the scope of the license or certification of the individual.
(3) Limit the activities of any person who
engages in the business of providing Oriental massage, exercise and related
therapeutic methods or who provides substances listed in an Oriental
pharmacopoeia, or vitamins or minerals or dietary advice, so long as the
activities of the person are not otherwise prohibited by law.
(4) Limit the ability of practitioners
from outside Oregon to demonstrate the practice of acupuncture as part of a
recognized and limited duration educational program, lecture or event within
this state under rules adopted by the board. [1993 c.378 §5; 2005 c.370 §1]
Note:
677.761 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 677. See Preface to Oregon Revised Statutes for
further explanation.
677.765
Unauthorized practice by acupuncturist. Performance
of acupuncture without licensure or after the termination of licensure by the
Oregon Medical Board or in the absence of renewal of licensure constitutes the
unauthorized practice of medicine and subjects the person to the penalties
provided by ORS 677.990. [Formerly 677.262; 1989 c.830 §41; 1991 c.314 §2; 1993
c.378 §3]
677.770
Fees. Every physician or surgeon or other
person licensed as an acupuncturist shall pay to the Oregon Medical Board
nonrefundable fees as determined by the board pursuant to ORS 677.265. [Formerly
677.263; 1989 c.830 §42; 1993 c.378 §4]
677.775
[1983 c.486 §33; repealed by 1989 c.830 §49]
677.780
Acupuncture Advisory Committee; membership; terms.
(1) There is established an Acupuncture Advisory Committee consisting of six
members appointed by the Oregon Medical Board. Of the committee members
appointed by the board:
(a) One shall be a person who is a current
member of the board.
(b) Two shall be physicians licensed under
ORS chapter 677.
(c) Three shall be acupuncturists licensed
under ORS 677.759. In appointing the three acupuncturists, the board may
receive nominations from the Oregon Association of Acupuncture and Oriental
Medicine and other professional acupuncture organizations.
(2) The term of office of each committee
member is three years, but a committee member serves at the pleasure of the
board. A committee member may not serve more than two consecutive terms. A
committee member serves until a successor is appointed and qualified. If there
is a vacancy for any cause, the board shall make an appointment to become
immediately effective for the unexpired term.
(3) A committee member is entitled to
compensation and expenses as provided for board members in ORS 677.235.
(4) A majority of the members of the
committee constitutes a quorum for the transaction of business. [1997 c.527 §1;
2001 c.345 §2; 2009 c.535 §8]
Note:
677.780 and 677.785 were enacted into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 677 or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
677.785
Duties of committee. The Acupuncture Advisory
Committee shall:
(1) Review and make recommendations
concerning all applications to the Oregon Medical Board for acupuncture
licensing or acupuncture license renewal.
(2) Recommend to the board standards of
professional responsibility and practice for licensed acupuncturists.
(3) Recommend to the board standards of
didactic and clinical education and training for acupuncture license
applicants.
(4) Recommend to the board a licensing
examination that meets the standards of the National Commission for Certifying
Agencies or an equivalent organization nationally recognized for testing
acupuncturists. [1997 c.527 §2; 2007 c.71 §220]
Note:
See note under 677.780.
PODIATRY
(General
Provisions)
677.805
Definitions for ORS 677.805 to 677.840. As used in
ORS 677.805 to 677.840:
(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.
(2) “Board” means the Oregon Medical
Board.
(3) “Podiatric physician and surgeon”
means a podiatric physician and surgeon who treats ailments of the human foot,
ankle and tendons directly attached to and governing the function of the foot
and ankle.
(4)(a) “Podiatry” means:
(A) 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 licensed under ORS 441.025 or in an ambulatory surgical
center licensed by the Oregon Health Authority and is under the supervision of
or in collaboration with a physician; and
(B) Assisting a physician in surgery under
ORS 677.814.
(b) “Podiatry” does not include the
administration of general or spinal anesthetics or the amputation of the entire
foot. [Formerly 682.010; 1999 c.785 §2; 2005 c.760 §4; 2007 c.71 §221; 2009
c.465 §3; 2009 c.595 §1056; 2009 c.792 §45]
Note:
677.805 to 677.840 were enacted into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 677 or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
677.810
License required to practice podiatry. (1) No person
shall practice podiatry without first obtaining from the Oregon Medical Board a
license authorizing the practice of podiatry in this state, except as otherwise
provided in ORS 677.805 to 677.840.
(2) It shall be deemed prima facie
evidence of practicing podiatry within the meaning of ORS 677.805 to 677.840 if
any person uses the name or title podiatrist, podiatric physician and surgeon,
chiropodist, D.S.C., D.P.M., D.P., foot expert, foot specialist, foot
correctionist, or any other word, abbreviation or title indicating that the
person was or is qualified and licensed to practice podiatry. [Formerly
682.020]
Note:
See note under 677.805.
677.812
Surgery on ankle; limitations. Surgery of
the ankle as defined in ORS 677.805 must be conducted:
(1) In a hospital or in an ambulatory
surgical center licensed by the Oregon Health Authority under ORS 441.025; and
(2) By a podiatric physician and surgeon
who meets the qualifications for ankle surgery established by rule of the
Oregon Medical Board. [1999 c.785 §4; 2007 c.71 §222; 2009 c.595 §1057; 2009
c.792 §46]
Note:
See note under 677.805.
677.814
Assisting in surgery. A podiatric physician and surgeon
may assist a physician in surgery on any part of the body. [2009 c.465 §2]
Note:
See note under 677.805.
677.815
Application of ORS 677.805 to 677.840. (1) ORS
677.805 to 677.840 do not prevent:
(a) Any person, firm or corporation from
manufacturing, selling, fitting or adjusting any shoe or appliance designed and
intended to equalize pressure on different parts of the foot.
(b) The sale by licensed druggists of
plasters, salves and lotions for the relief and cure of corns, warts,
callosities and bunions.
(2) ORS 677.805 to 677.840 shall not be
construed to apply to or interfere with:
(a) The practice of any person whose
religion treats or administers to the sick or suffering by purely spiritual
means, nor with any individual’s selection of any such person.
(b) Physicians licensed by the Oregon
Medical Board, nor to surgeons of the United States Army, Navy and United
States Public Health Service, when in actual performance of their official
duties. [Formerly 682.030; 1987 c.158 §140]
Note:
See note under 677.805.
(Licensing)
677.820
Qualifications of applicants. All
applicants for a license to practice podiatry under ORS 677.805 to 677.840
shall:
(1) Have attained the age of 18 years.
(2) Be of good moral character.
(3) Have graduated from an approved
podiatry school or college.
(4) Have satisfactorily completed one
year of post-graduate training served in a program that is approved by the
Oregon Medical Board pursuant to standards adopted by the board by rule.
(5) As used in this section, “approved
podiatry school or college” means any school or college offering a full-time
resident program of study in podiatry leading to a degree of Doctor of
Podiatric Medicine, such program having been fully accredited or conditionally
approved by the American Podiatric Medical Association or its successor agency,
or having been otherwise determined by the board to meet the association
standards as specifically incorporated into board rules. [Formerly 682.040;
1985 c.322 §6; 1989 c.830 §43; 1993 c.323 §1]
Note:
See note under 677.805.
677.825
Examination of applicants; issuing license; fees; reexamination.
Any person desiring a license to practice podiatry shall be examined by the
Oregon Medical Board in subjects which the board may deem advisable. If the
applicant possesses the qualifications required by ORS 677.820 and passes the
examination prescribed, the applicant shall be issued a license by the board to
practice podiatry in this state. Each applicant shall submit an application for
examination and the required examination fee to the board. Any applicant
failing in the examination, and being refused a license, is entitled to a
reexamination upon the payment of an additional examination fee. [Formerly
682.050; 1985 c.322 §7]
Note:
See note under 677.805.
677.830
Reciprocal licensing; use of national board examination.
(1) Notwithstanding the provisions of ORS 677.825, the 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 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 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 Oregon Medical Board.
(3) The 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. [Formerly 682.055;
2007 c.86 §9]
Note:
See note under 677.805.
677.835
[Formerly 682.060; repealed by 1989 c.830 §49]
677.837
Continuing podiatric education required; exemption.
(1) Except as provided in subsection (2) of this section, all podiatric
physicians and surgeons licensed under this chapter shall complete at least 50
hours in an approved program of continuing podiatric education every two
calendar years and shall submit satisfactory evidence thereof to the Oregon
Medical Board when the license is renewed.
(2) The board may exempt a licensed
podiatric physician and surgeon from the requirements of subsection (1) of this
section upon a finding by the board that the podiatric physician and surgeon
was unable to comply with the requirements because of extenuating
circumstances. [Formerly 677.455]
Note:
677.837 was added to and made a part of ORS chapter 677 by legislative action
but was not added to any smaller series therein. See Preface to Oregon Revised
Statutes for further explanation.
677.840
Fees. Every podiatric physician and surgeon
shall pay to the Oregon Medical Board nonrefundable fees as determined by the
board pursuant to ORS 677.265. [Formerly 682.065; 1989 c.830 §44]
Note:
See note under 677.805.
677.845
[Formerly 682.080; repealed by 1989 c.830 §49]
677.850
[Formerly 682.090; repealed by 1989 c.830 §49]
677.855
[Formerly 682.150; 1989 c.830 §45; 2001 c.345 §3; repealed by 2005 c.760 §5]
677.860
[Formerly 682.160; repealed by 1989 c.830 §49]
677.861
[1991 c.772 §2; repealed by 1997 c.792 §33]
677.862
[1991 c.772 §4; repealed by 1997 c.792 §33]
677.864
[1991 c.772 §3; repealed by 1997 c.792 §33]
677.865
[Formerly 682.170; repealed by 1989 c.830 §49]
677.866
[1991 c.772 §8; repealed by 1997 c.792 §33]
677.868
[1991 c.772 §10; repealed by 1997 c.792 §33]
677.869
[1991 c.772 §11; repealed by 1997 c.792 §33]
677.870
[Formerly 682.191; repealed by 1989 c.830 §49]
677.871
[1991 c.772 §13; repealed by 1997 c.792 §33]
677.873
[1991 c.772 §5; repealed by 1997 c.792 §33]
677.874
[1991 c.772 §7; repealed by 1997 c.792 §33]
677.875
[Formerly 682.200; repealed by 1989 c.830 §49]
677.876
[1991 c.772 §9; repealed by 1997 c.792 §33]
677.878
[1991 c.772 §12; repealed by 1997 c.792 §33]
677.880
[Formerly 682.210; repealed by 1989 c.830 §49]
PENALTIES
677.990
Penalties. (1) Violation of any provision of this
chapter is a misdemeanor. In any prosecution for such violation, it shall be
sufficient to sustain a conviction to show a single act of conduct in violation
of any of the provisions of this chapter and it shall not be necessary to show
a general course of such conduct.
(2) Any person who practices medicine
without being licensed under this chapter as prohibited in ORS 677.080 (4)
commits a Class C felony.
(3) A person who violates the provisions
of ORS 677.360 to 677.370 commits a Class C misdemeanor. [Amended by 1967 c.470
§61; (2) enacted as 1975 c.695 §19; (3) enacted as 1977 c.686 §8; (4) formerly
682.990; 1989 c.782 §37; 1989 c.830 §46]
Note:
See note under 677.355.
_______________