US Laws, Codes, Statutes & Cases

Chapter 677 — Regulation of Medicine, Podiatry and Acupuncture

 

2005 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 by licensee

 

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

 

677.095     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

 

677.120     Reciprocity

 

677.125     Reciprocal agreements

 

677.132     Limited license

 

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

 

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

 

(Board of Medical Examiners)

 

677.235     Board of Medical Examiners; membership; terms; vacancies; confirmation

 

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     Executive director; administrative law judges

 

677.280     Employment of personnel; compensation and expenses of board members

 

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; informal interview

 

677.417     Medical incompetence, unprofessional conduct, licensee 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 Intractable Pain)

 

677.470     Definitions for ORS 677.470 to 677.485

 

677.474     Administration of controlled substances for intractable pain allowed; exceptions

 

677.480     Discipline

 

677.485     Written notice required

 

(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; hearing; supervision; emergency drug dispensing authority; pain management education

 

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

 

DIVERSION PROGRAM

 

677.615     Diversion Program Supervisory Council

 

677.625     Medical director; appointment; duties

 

677.635     Contract for services to chemically dependent licensees; rules

 

677.645     Referral in addition to or in lieu of discipline

 

677.655     Confidentiality of records and information; effect of successful completion of program

 

677.665     Immunity from civil liability

 

677.677     Rulemaking authority of board; fees and charges

 

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

 

677.815     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) “Board” means the Board of Medical Examiners for the State of Oregon.

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

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

      (5) “Dispensing physician” means a physician 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.

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

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

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

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

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

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

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

      (13) “Podiatric physician and surgeon” means a podiatric physician and surgeon licensed under ORS 677.805 to 677.840 to treat ailments of the human foot, ankle and tendons directly attached to and governing the function of the foot and ankle.

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

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

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

 

      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 Board of Medical Examiners.

      (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, clinical social work, chiropractic, naturopathic medicine or cosmetic therapy, by any person authorized by this state. Nothing in ORS 677.085 (5) prevents the use of the words “Doctor” or “Specialist,” or any abbreviation or combination thereof, or any letters or words of similar import by any person duly licensed to practice optometry within Oregon.

      (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. [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]

 

      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 Board of Medical Examiners.

      (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 by licensee. (1) For the purposes of any civil action against a person licensed by the Board of Medical Examiners, any expression of regret or apology made by or on behalf of the person, including an expression of regret or apology that is made in writing, orally or by conduct, does not constitute an admission of liability for any purpose.

      (2) A person who is licensed by the Board of Medical Examiners, or any other person who makes an expression of regret or apology on behalf of a person who is licensed by the Board of Medical Examiners, 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]

 

      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 Board of Medical Examiners.

      (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]

 

      677.095 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 Board of Medical Examiners for the State of Oregon 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 or podiatric physician and surgeon 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 or podiatric physician and surgeon shall ask the patient if the patient wants a more detailed explanation. If the patient requests further explanation, the physician or podiatric physician and surgeon 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 or podiatric physician and surgeon 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]

 

      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 Board of Medical Examiners for the State of Oregon 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 Board of Medical Examiners for the State of Oregon 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 Board of Medical Examiners may require the applicant to take and pass the Federation Licensing Examination, also known as FLEX.

      (2) The Board of Medical Examiners for the State of Oregon 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]

 

      677.120 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 Board of Medical Examiners for the State of Oregon to practice medicine in this state without taking an examination, except when an examination is required under subsection (3) or (4) of this section.

      (3) A person described in subsection (2) of this section, whose application is based on a license issued in another state or territory or the District of Columbia, certification of the National Board of Medical Examiners of the United States, the National Board of Examiners for Osteopathic Physicians and Surgeons or the Medical Council of Canada or successful completion of the United States Medical Licensing Examination, 10 years or more prior to the filing of an application with the board or who has ceased the practice of medicine for 12 or more consecutive months, may be required by the board to take an examination.

      (4) A person described in subsection (2) of this section who volunteers at a health clinic and whose application is based on a license issued in another state or territory or the District of Columbia, certification of the National Board of Medical Examiners of the United States, the National Board of Examiners for Osteopathic Physicians and Surgeons or the Medical Council of Canada or successful completion of the United States Medical Licensing Examination or the Federation Licensing Examination may be required by the board to take a national licensing examination if the person has ceased the practice of medicine for 24 or more consecutive months immediately prior to filing the application.

      (5) The board 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]

 

      677.125 Reciprocal agreements. The Board of Medical Examiners 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. (1) When a need exists, the Board of Medical Examiners for the State of Oregon 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 Board of Medical Examiners.

      (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 Board of Medical Examiners may issue to an out-of-state physician a license for the practice of medicine across state lines if the physician holds a full, unrestricted license to practice medicine in any other state of the United States, has not been the recipient of a professional sanction by any other state of the United States and otherwise meets the standards for Oregon licensure under this chapter.

      (2) In the event that an out-of-state physician has been the recipient of a professional sanction by any other state of the United States, the board may issue a license for the practice of medicine across state lines if the board finds that the sanction does not indicate that the physician is a potential threat to the public interest, health, welfare and safety.

      (3) A physician shall make the application on a form provided by the board, accompanied by nonrefundable fees for the application and the license in amounts determined by rule of the board. The board shall adopt necessary and proper rules to govern the renewal of licenses issued under this section.

      (4) A license for the practice of medicine across state lines is not a limited license for purposes of ORS 677.132.

      (5) A license for the practice of medicine across state lines does not permit a physician to practice medicine in this state except when engaging in the practice of medicine across state lines. [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 Board of Medical Examiners. 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 Rural Health 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]

 

      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 Board of Medical Examiners 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 Board of Medical Examiners for the State of Oregon 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 Board of Medical Examiners for the State of Oregon 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 676.100 to 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 impair 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]

 

      677.190 Grounds for suspending, revoking or refusing to grant license, registration or certification; alternative medicine not unprofessional conduct. The Board of Medical Examiners for the State of Oregon 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 Board of Medical Examiners; 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) Habitual or excessive use of intoxicants, drugs or controlled substances.

      (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) Insanity or mental disease as evidenced by an adjudication or voluntary commitment to an institution for the treatment of a mental disease that affects the ability of the licensee to safely practice medicine, or as determined by an examination conducted by three impartial psychiatrists retained by the board.

      (14) Gross negligence or repeated negligence in the practice of medicine or podiatry.

      (15) 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.

      (16) 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.

      (17) Failing to designate the degree appearing on the license under circumstances described in ORS 677.184 (3).

      (18) 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.

      (19) Failing to report the change of the location of practice of the licensee as required by ORS 677.172.

      (20) Adjudication of or admission to a hospital for mental illness or imprisonment as provided in ORS 677.225.

      (21) Making a fraudulent claim.

      (22)(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.

      (23) Refusing an invitation for an informal interview with the board requested under ORS 677.415.

      (24) Violation of the federal Controlled Substances Act.

      (25) 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 or without giving the notice required under ORS 677.485.

      (26) 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.

      (27) 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 or mental or physical 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]

 

      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 Board of Medical Examiners for the State of Oregon, 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. (1) The Board of Medical Examiners for the State of Oregon 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; or

      (c) Had an automatic license suspension as provided in ORS 677.225.

      (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 $5,000, 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 u