Oregon Chapter 677
Chapter 677 — Regulation of Medicine, Podiatry and AcupunctureDownload Full 2005 Oregon Revised Statutes (coming soon!)
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Chapter 677 —
Regulation of Medicine, Podiatry and Acupuncture
2007 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; 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
(
677.235 Oregon
Medical Board; 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; contents; informal interview; penalty for
failure to report official action
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
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; hearing; supervision;
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
DIVERSION PROGRAM
677.615 Diversion
Program Supervisory Council
677.625 Medical
director; appointment; duties
677.635 Contract
for services to licensees who are chemically dependent; 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) “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) “Licensee with an impairment” means
an individual licensed under this chapter who is unable to practice the
profession for which the individual is licensed 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.
(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]
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
(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
(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
(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 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 by licensee. (1) For the purposes of any civil action against a person licensed by
the Oregon Medical Board, 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 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]
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]
677.095
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 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 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
(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
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 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
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 676.100 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 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) 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.
(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;
2007 c.351 §4]
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 409.500; 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]
(
677.235
(2) Not later than February 1 of each
year, the Oregon Medical Association shall nominate three qualified physicians
for each physician member of the board whose term expires in that year, and
shall certify its nominees to the Governor. Not later than February 1 of each
odd-numbered year, the Osteopathic Physicians and Surgeons of Oregon, Inc.,
shall nominate three physicians possessing the degree of Doctor of Osteopathy
and shall certify its nominees to the Governor. Not later than February 1 of
each third year, the Oregon Podiatric Medical Association shall nominate three
podiatric physicians and surgeons possessing the degree of Doctor of Podiatric
Medicine and shall certify its nominees to the Governor. The Governor shall
consider these nominees in selecting successors to retiring board members.
(3) Each member of the board shall serve
for a term of three years beginning on March 1 of the year the member is
appointed and ending on the last day of February of the third year thereafter.
No member shall serve more than two consecutive terms. 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.
(4) All appointments of members of the
board by the Governor are subject to confirmation by the Senate in the manner
provided in ORS 171.562 and 171.565. [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]
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
(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
Oregon Medical Board shall keep a record of all the proceedings thereof, 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]
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 (18) and (23). [Amended by 1967 c.470 §51;
1983 c.486 §35; 1989 c.830 §20]
677.275
Executive director; administrative law judges. (1) The Oregon Medical Board may appoint an
executive director, who need not be a member of the board, and fix the
compensation. The executive director shall be under the supervision and control
of the board, and may discharge all duties as provided in the rules of the
board or as directed by the board.
(2) 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]
677.280
Employment of personnel; compensation and expenses of board members. (1) 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.
(2) The board members are entitled to
compensation and expenses as provided in ORS 292.495. Notwithstanding the
provisions of ORS 292.495 (1), a board member shall receive up to $250 for each
day or portion thereof during which the member is actually engaged in the
performance of official duties. [Amended by 1967 c.470 §54; 1969 c.314 §78;
1989 c.829 §1; 1989 c.830 §22; 1999 c.396 §1]
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 (6) and (7) 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 actively in-state registered
physician under ORS 677.265 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]
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
(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 or licensee 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 an
impairment.
(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 an impairment. However, a licensee who
is treating another licensee for a mental disability has a duty to report
within 10 working days the licensee patient unless, in the opinion of the
treating licensee, the patient is not impaired.
(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 mental or physical impairment.
(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 an
impairment.
(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
(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 Rural Health
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]
677.417
Medical incompetence, unprofessional conduct, licensee impairment; rules. The Oregon Medical Board shall determine by
rule what constitutes medical incompetence, unprofessional conduct or licensee
impairment for the purposes of ORS chapter 677. [2003 c.554 §2]
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 475.840 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
475.840 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 Human Services.
(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 Human Services.
(3) The Director of Human Services 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 of Human Services
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 of Human Services shall
adopt rules to implement this section. [1991 c.325 §1]
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) “Agent” means a physician designated
by the supervising physician of a physician assistant who supervises the
medical services of the physician assistant for a predetermined period of time.
(2) “Committee” means the Physician
Assistant Committee created in ORS 677.540.
(3) “Physician assistant” means a person
who is licensed in accordance with ORS 677.505 to 677.525.
(4) “Supervision” means the routine
direction and regular review by the supervising physician, as determined to be
appropriate by the Oregon Medical Board, of the medical services provided by
the physician assistant. The practice description shall provide for the
maintenance of direct, verbal communication either in person or by means
described in ORS 677.515 (4)(a) but the description shall not require the
physical presence at all times of the supervising physician. [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]
677.500
Policy. It is the intent of
the Legislative Assembly in requiring the licensure of physician assistants
that there be reasonable utilization of the physician assistant by the
supervising physician. [1981 c.220 §9; 1989 c.830 §31; 1999 c.582 §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 683.335, 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; hearing; supervision;
emergency drug dispensing authority; pain management education. (1) A person licensed to practice medicine
under this chapter shall not use the services of a physician assistant without
the prior approval of the Oregon Medical Board. The application shall state the
name of the physician assistant, describe the manner and extent to which the
physician assistant’s services would be used and supervised, state the
education, training and experience of the physician assistant and provide such
other information in such a form as the board may require.
(2) The board may approve or reject an
application, or it may modify the proposed use of the services of the physician
assistant and approve the application as modified. When it appears to the board
that the services of a physician assistant are being used in a manner inconsistent
with the approval granted, the board may withdraw its approval. If a hearing is
requested by the physician or the physician assistant upon the rejection of an
application, or upon the withdrawal of an approval, a hearing shall be
conducted in accordance with ORS 677.200.
(3)(a) The supervising physician may have
a different specialty from the physician assistant. A physician assistant may
be supervised by no more than four physicians. A physician may supervise four
physician assistants. A supervising physician may designate a physician to
serve as the agent of the supervising physician for a predetermined period of
time.
(b) The board may review and approve
applications from physicians serving federally designated underserved
populations, or physicians in 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 Human Services or the Office of Rural Health to supervise more than
four physician assistants, and applications from physician assistants to be
supervised by more than four physicians. A physician assistant may render
services in an emergency room and other hospital settings, a nursing home, a
corrections institution and any site included in the practice description.
(4) A licensed physician assistant may
make application 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. Such emergency dispensing
shall be of drugs prepared or prepackaged by a licensed pharmacist,
manufacturing drug outlet or wholesale drug outlet authorized to do so under
ORS chapter 689.
(5) A physician assistant for whom an
application under subsection (1) of 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 409.500; 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]
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) Upon application, the board may issue
a license to a physician assistant who meets the requirements for licensure
under ORS 677.495 and 677.505 to 677.525.
(3) The board shall adopt necessary and
proper rules to govern the renewal of licenses issued under this section. [2007
c.240 §2]
677.515
Medical services rendered by physician assistant. (1) This chapter does not prohibit a person
from rendering medical services:
(a) If the person has satisfactorily
completed an educational program for physician assistants, approved by the Oregon
Medical Board, for physician assistants;
(b) If the services are rendered under the
supervision and control of a person licensed under this chapter to practice
medicine and the use of the physician assistant’s services has been approved by
the board as provided by ORS 677.510; and
(c) If the person is licensed as a
physician assistant as provided by ORS 677.495 and 677.505 to 677.525.
(2) This chapter does not prohibit a
student enrolled in an approved program for educating physician assistants from
rendering medical services if the services are rendered in the course of the
program.
(3) Notwithstanding subsections (1) and
(2) of this section, the degree of independent judgment that a physician
assistant may exercise shall be determined by the supervising physician and the
physician assistant in accordance with a practice description approved by the
board.
(4) A physician assistant may provide
medical services to patients in a setting where a supervising physician does
not regularly practice if the following conditions exist:
(a) Direct communication either in person
or by telephone, radio, radiotelephone, television or similar means is
maintained; and
(b) The medical services provided by the
physician assistant are reviewed by a supervising physician on a regularly
scheduled basis as determined by the board.
(5) 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 Human Services 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.
(6) Nothing in this chapter is intended to
require or prohibit a physician assistant from practicing in a hospital
licensed pursuant to ORS 441.015 to 441.089.
(7) 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 shall 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]
677.518
Authority to sign death certificate. A physician assistant, practicing under the supervision of a person
licensed to practice medicine under this chapter, 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]
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:
(1) 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; or
(2) The physician assistant is changing
employment or supervising physicians. [1981 c.220 §8; 1983 c.486 §48a; 1989
c.830 §35; 1999 c.582 §7]
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 677.280 (2). [1981
c.220 §5; 1989 c.830 §36; 1999 c.582 §8; 2001 c.345 §1; 2001 c.348 §1; 2007
c.240 §1]
677.545
Duties of committee. The
Physician Assistant Committee shall:
(1) Review all applications for physician
assistants’ licensure and for renewal thereof.
(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
Oregon Medical Board.
(4) Recommend criteria to be used in
granting dispensing privileges under ORS 677.515.
(5) Recommend the formulary for
prescriptive privileges that may include all or parts of Schedules II, III, IV
and V controlled substances and the procedures for physician assistants and
supervising physicians to follow in exercising the prescriptive privileges.
(6) Recommend the approval, disapproval or
modification of the application for prescriptive privileges for any physician
assistant. An application for Schedule II controlled substances prescriptive
privileges must be submitted to the Oregon Medical Board by the physician
assistant’s supervising physician and must be accompanied by the practice
description of the physician assistant. The Schedule II controlled substances
prescriptive privileges of a physician assistant shall be limited by the
practice description approved by the board and may be restricted further by the
supervising physician at any time. The supervising physician shall notify the
physician assistant and the board of any additional restrictions imposed by the
supervising physician, and the practice description on file with the board
shall be amended to reflect the additional restrictions imposed. 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]
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]
DIVERSION PROGRAM
677.615
Diversion Program Supervisory Council. (1) There is established a Diversion Program Supervisory Council
consisting of five members appointed by the Oregon Medical Board for the
purpose of developing and implementing a diversion program for licensees
regulated under this chapter who are chemically dependent. No current board
member or staff shall serve on the council.
(2) The term of office of each member is
two years, but a member serves at the pleasure of the board. Before the
expiration of the term of a member, the board shall appoint a successor whose
term begins July 1 next following. A member is eligible for reappointment. If
there is a vacancy for any cause, the board shall make an appointment to become
immediately effective for the unexpired term.
(3) The members of the council must be
citizens of this state who are familiar with the recognition, intervention,
assessment and treatment of persons who are chemically dependent.
(4) A member of the council is entitled to
compensation and expenses as provided in ORS 292.495, except that the
compensation for the time spent in performance of official duties shall be the
same as the compensation received by members of the Oregon Medical Board.
(5) The council shall select one of its
members as chairperson and another as vice chairperson, for such terms and with
duties and powers necessary for the performance of the functions of such
offices as the council determines.
(6) A majority of the members of the
council constitutes a quorum for the transaction of business. [1989 c.705 §1;
2007 c.70 §303]
Note: The amendments to 677.615 by section 1,
chapter 796, Oregon Laws 2007, take effect January 1, 2009. See section 9,
chapter 796, Oregon Laws 2007. The text that is effective on and after January
1, 2009, is set forth for the user’s convenience.
677.615. (1) There is established a Health
Professionals Program Supervisory Council consisting of seven members, one of
whom is a public member, appointed by the Oregon Medical Board for the purpose
of developing and implementing a diversion program for licensees who are regulated
under this chapter and who are chemically dependent or have a mental disorder.
Current members of the board or staff may not serve on the council.
(2) The term of office of each member of
the council is two years, but a member serves at the pleasure of the board.
Before the expiration of the term of a member, the board shall appoint a
successor whose term begins July 1 next following. A member is eligible for
reappointment. If there is a vacancy for any cause, the board shall make an
appointment to become immediately effective for the unexpired term.
(3) The members of the council must be
residents of this state who are familiar with the recognition, intervention,
assessment and treatment of persons who are chemically dependent or who have a
mental disorder. The public member of the council shall represent health care
consumers.
(4) A member of the council is entitled to
compensation and expenses as provided in ORS 292.495, except that the
compensation for the time spent in performance of official duties shall be the
same as the compensation received by members of the Oregon Medical Board.
(5) The council shall select one of its
members as chairperson and another as vice chairperson, for such terms and with
duties and powers necessary for the performance of the functions of such
offices as the council determines.
(6) A majority of the members of the
council constitutes a quorum for the transaction of business.
677.620 [1975 c.695 §11; repealed by 1989 c.782 §40]
677.625
Medical director; appointment; duties. (1) Subject to the approval of the Oregon Medical Board, the Diversion
Program Supervisory Council shall appoint a medical director to serve at the
pleasure of the council. The medical director shall be an employee of the
board.
(2) The medical director shall administer,
under the control and supervision of the council, the diversion program for
licensees who are chemically dependent.
(3) The board shall appoint such employees
as may be necessary to carry out the duties of the council, as assigned by the
medical director. [1989 c.705 §2; 2007 c.70 §304]
Note: The amendments to 677.625 by section 2,
chapter 796, Oregon Laws 2007, take effect January 1, 2009. See section 9,
chapter 796, Oregon Laws 2007. The text that is effective on and after January
1, 2009, is set forth for the user’s convenience.
677.625. (1) Subject to the approval of the Oregon
Medical Board, the Health Professionals Program Supervisory Council shall
appoint a medical director to serve at the pleasure of the council. The medical
director shall be an employee of the board.
(2) The medical director shall administer,
under the control and supervision of the council, the diversion program for
licensees who are chemically dependent or who have a mental disorder.
(3) The board shall appoint such employees
as may be necessary to carry out the duties of the council, as assigned by the
medical director.
677.630 [1975 c.695 §15; repealed by 1983 c.486 §68]
677.635
Contract for services to licensees who are chemically dependent; rules. The Oregon Medical Board may enter into
contracts to provide services for licensees who are chemically dependent and
may, in accordance with ORS chapter 183, adopt rules necessary for the
administration of a diversion program for licensees who are chemically
dependent. [1989 c.705 §3; 2007 c.70 §305]
Note: The amendments to 677.635 by section 3,
chapter 796, Oregon Laws 2007, take effect January 1, 2009. See section 9,
chapter 796, Oregon Laws 2007. The text that is effective on and after January
1, 2009, is set forth for the user’s convenience.
677.635. The Oregon Medical Board may enter into
contracts to provide services for licensees who are chemically dependent or who
have a mental disorder and may, in accordance with ORS chapter 183, adopt rules
necessary for the administration of a diversion program for licensees who are
chemically dependent or who have a mental disorder.
677.640 [1975 c.695 §12; 1983 c.486 §50; repealed by
1989 c.782 §40]
677.645
Referral in addition to or in lieu of discipline. (1) In addition to or in lieu of any
disciplinary action under ORS 677.205, the Oregon Medical Board may refer a
licensee who is chemically dependent to a diversion program administered by the
Diversion Program Supervisory Council.
(2) The council shall report to the board
and provide all pertinent information concerning any licensee who fails to
complete the diversion program or fails to participate in the diversion program
in good faith. [1989 c.705 §4; 2001 c.347 §1]
Note: The amendments to 677.645 by section 4,
chapter 796, Oregon Laws 2007, take effect January 1, 2009. See section 9,
chapter 796, Oregon Laws 2007. The text that is effective on and after January
1, 2009, is set forth for the user’s convenience.
677.645. (1) In addition to or in lieu of any
disciplinary action under ORS 677.205, the Oregon Medical Board may refer a
licensee who is chemically dependent or who has a mental disorder to a
diversion program administered by the Health Professionals Program Supervisory
Council.
(2) The council and the medical director
shall submit a written report to the board containing all pertinent information
concerning any licensee who:
(a) Fails to complete the diversion
program;
(b) Fails to participate in the diversion
program in good faith;
(c) The council or the medical director
has reason to believe may have engaged in or is currently engaging in sexual
violation that is in violation of rules adopted by the board; or
(d) The council or the medical director
has reason to believe may have engaged in or is currently engaging in sexual
impropriety as defined by the rules adopted by the board and who, in the
judgment of the council or medical director, represents a potential danger to
patients.
(3) The council and the medical director
may not disclose any information concerning a licensee, other than the report
required under subsection (2) of this section, without the written consent of
the licensee or subject to a valid court order.
677.650 [1975 c.695 §13; 1983 c.486 §51; repealed by
1989 c.782 §40]
677.655
Confidentiality of records and information; effect of successful completion of
program. (1) All records of
the Diversion Program Supervisory Council are confidential and shall not be
subject to public disclosure, nor shall the records be admissible as evidence
in any judicial, administrative, arbitration or mediation proceeding except
proceedings between the licensee or applicant and the Oregon Medical Board.
(2) The members, employees, contractors
and past or present clients of the council shall not be subject to the
disclosure requirements in ORS 677.415, nor shall they disclose information or
be examined regarding any participant in the program.
(3) Any licensee who in good faith
voluntarily participates in an approved diversion program and successfully
completes the program shall not be subject to disciplinary investigation or
sanctions unless the licensee is suspected of a violation of this chapter,
other than ORS 677.190 (1)(a), by the manner of obtaining or self-administration
of intoxicants, drugs or controlled substances or a violation of ORS 677.190
(7) or (24). [1989 c.705 §5; 1997 c.792 §28]
Note: The amendments to 677.655 by section 5,
chapter 796, Oregon Laws 2007, take effect January 1, 2009. See section 9,
chapter 796, Oregon Laws 2007. The text that is effective on and after January
1, 2009, is set forth for the user’s convenience.
677.655. (1) All records and meetings of the Health
Professionals Program Supervisory Council are confidential and shall not be
subject to public disclosure, nor shall the records be admissible as evidence
in any judicial, administrative, arbitration or mediation proceeding except
proceedings between the licensee or applicant and the Oregon Medical Board.
Case reviews, deliberations and communications regarding any participant in the
program are exempt from the provisions of ORS 192.610 to 192.690.
(2) The members, employees, contractors
and past or present clients of the council shall not be subject to the
disclosure requirements in ORS 677.415.
(3) Any licensee who in good faith
voluntarily participates in an approved diversion program and successfully
completes the program shall not be subject to disciplinary investigation or
sanctions unless the licensee is suspected of a violation described in ORS
677.190, except for ORS 677.190 (1)(a), by the manner of obtaining or
self-administration of intoxicants, drugs or controlled substances or a
violation described in ORS 677.190 (7), (13), (20) or (24).
(4) Except as otherwise provided in ORS
677.615 to 677.677, disclosures of client records, including but not limited to
mental health records, by members, employees, contractors and past or present
clients of the council are subject to 42 C.F.R. part 2, sections 2.1 through
2.67. For the purposes of this subsection, medical health records and
communications regarding mental health treatment shall be treated with the same
confidentiality protections as alcohol and drug abuse patient records under 42
C.F.R. part 2, sections 2.1 through 2.67.
677.660 [1975 c.695 §10; repealed by 1983 c.486 §68]
677.665
Immunity from civil liability.
The Oregon Medical Board, the Diversion Program Supervisory Council, and their
members, employees and contractors shall be immune from any civil liability
arising from good faith actions taken pursuant to ORS 677.615 to 677.677. [1989
c.705 §6]
Note: The amendments to 677.665 by section 6,
chapter 796, Oregon Laws 2007, take effect January 1, 2009. See section 9,
chapter 796, Oregon Laws 2007. The text that is effective on and after January
1, 2009, is set forth for the user’s convenience.
677.665. The Oregon Medical Board, the Health
Professionals Program Supervisory Council, and their members, employees and
contractors shall be immune from any civil liability arising from good faith
actions taken pursuant to ORS 677.615 to 677.677.
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
Rulemaking authority of board; fees and charges. In addition to any other powers granted by
ORS 677.615 to 677.677, the Oregon Medical Board may adopt necessary and proper
rules for administration of ORS 677.615 to 677.677 including, but not limited
to, 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 established under this section shall not exceed the cost of
administering the program of the Diversion Program Supervisory Council, as
authorized by the Legislative Assembly within the Oregon Medical Board’s
budget, or as the budget may be modified by the Emergency Board, and shall be maintained
in an account separate from other funds of the Oregon Medical Board. [1989
c.705 §7; 1991 c.703 §23; 2007 c.86 §8]
Note: The amendments to 677.677 by section 7,
chapter 796, Oregon Laws 2007, take effect January 1, 2009. See section 9,
chapter 796, Oregon Laws 2007. The text that is effective on and after January
1, 2009, is set forth for the user’s convenience.
677.677. In addition to any other powers granted by
ORS 677.615 to 677.677, the Oregon Medical Board may adopt necessary and proper
rules for administration of ORS 677.615 to 677.677 including, but not limited
to, 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 established under this section shall not exceed the cost of
administering the program of the Health Professionals Program Supervisory
Council, as authorized by the Legislative Assembly within the Oregon Medical
Board’s budget, or as the budget may be modified by the Emergency Board, and
shall be maintained in an account separate from other funds of the Oregon
Medical Board.
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
(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
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 Acupuncture Association, the Acupuncture
and Oriental Medicine Society of Oregon and other professional acupuncture
organizations.
(2) The term of office of each committee
member is four 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 677.280 (2).
(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]
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 whose practice is limited to treating
ailments of the human foot, ankle and tendons directly attached to and
governing the function of the foot and ankle.
(4) “Podiatry” means the diagnosis or the
medical, physical or surgical treatment of ailments of the human foot, ankle
and tendons directly attached to and governing the function of the foot and
ankle, except treatment involving the use of a general or spinal anesthetic
unless the treatment is performed in a hospital certified in the manner
described in ORS 441.055 (2) or in an ambulatory surgical center licensed by
the Department of Human Services and is under the supervision of or in
collaboration with a physician licensed to practice medicine by the Oregon
Medical Board. “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]
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 certified in the manner
described in ORS 441.055 (2) or in an ambulatory surgical center licensed by
the Department of Human Services; 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]
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.
_______________