Oregon Revised Statutes
As used in this chapter, subject to the exemptions in ORS 677.060 and unless the context requires otherwise: “Approved internship” means the first year of post-graduate training that is accredited by the Accreditation Council for Graduate Medical Education or its successor organization, the American Osteopathic Association or its successor organization or t…
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…
This chapter does not affect or prevent the following: 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 podi…
A person may not: 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. Sell or fraudulently obtain or furnish any medical and surgical diploma, license, record or registration, or aid or abet in the same. Impersona…
For the purposes of any civil action against a person licensed by the Oregon Medical Board or a health care institution, health care facility or other entity that employs the person or grants the person privileges, any expression of regret or apology made by or on behalf of the person, the institution, the facility or other entity, including an expression of…
A person is practicing medicine if the person does one or more of the following: Advertise, hold out to the public or represent in any manner that the person is authorized to practice medicine in this state. For compensation directly or indirectly received or to be received, offer or undertake to prescribe, give or administer any drug or medicine for the u…
Any physician 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 will not be performing the surgery. This section shall not apply when the physician, because of an emergency, cannot personally notify the patient that the physician…
Prescription drugs dispensed by a physician shall be personally dispensed by the physician. Nonjudgmental dispensing functions may be delegated to staff assistants when the accuracy and completeness of the prescription is verified by the physician. The dispensing physician shall maintain records of receipt and distribution of prescription drugs. These recor…
Unless state or federal laws relating to confidentiality or the protection of health information prohibit disclosure, a physician who has reasonable cause to believe that a licensee of another board has engaged in prohibited conduct as defined in ORS 676.150 shall report the prohibited conduct in the manner provided in ORS 676.150.
A physician 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 in the same or similar circumstances in the community of the physician or a similar community. A physician associate licensed to practice medicine by the board has the du…
In order to obtain the informed consent of a patient, a physician or physician associate shall explain the following: In general terms the procedure or treatment to be undertaken; That there may be alternative procedures or methods of treatment, if any; and That there are risks, if any, to the procedure or treatment. After giving the explanation specifie…
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 dete…
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: Have attended and graduated from a school of medicine. Have satisfactorily completed the following post-graduate requirement: Satisfactory completion of an approved rotating internship if…
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 Osteopathic Medicine. 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 co…
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…
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 restrictions as the board finds necessary. Each person holding a limited license under t…
On or before January 1, 2010, the Oregon Medical Board shall implement an expedited physician licensing process that allows the board to issue a license by endorsement to a qualified physician. To be considered for a license by endorsement, a physician: Must have practiced the physician’s specialty, if any, for at least one year immediately preceding the da…
PRACTICE OF MEDICINE ACROSS STATE LINES
As used in ORS 677.135 to 677.141: “The practice of medicine across state lines” means: 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 or physician associate located outside this state as a r…
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…
Upon application, the Oregon Medical Board may issue to an out-of-state physician or physician associate a license for the practice of medicine across state lines if the physician or physician associate 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…
A physician or physician associate 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; and Has the same duties and responsibilities and is subject to the same penalties and sanctions as any other physician or physician associate licensed under this chapter. A physician or p…
INTERNATIONALLY TRAINED PHYSICIANS
The Oregon Medical Board may issue a provisional license to a qualified internationally trained physician. To be considered for a provisional license under this section, an internationally trained physician must have: Graduated from a school of medicine with a degree substantially similar to a degree of Doctor of Medicine or Doctor of Osteopathic Medicine, …
Not later than February 1 of each odd-numbered year, the Oregon Medical Board shall report, in the manner provided in ORS 192.245, to the interim committees of the Legislative Assembly related to health care, on the provisional licensure of internationally trained physicians under ORS 677.146. The report must include the following information from the two im…
CHANGING LOCATION OF PRACTICE
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. Any person who is newly licensed by the board to practice under this chapter during the period between any two registration dates shall immediately …
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 prac…
LICENSEE CONDUCT
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. The license shall be displa…
As used in ORS 677.190, unless the context requires otherwise: “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. “Fraudulent claim” means a claim submitted to …
The Oregon Medical Board may refuse to grant, or may suspend or revoke, a license to practice for any of the following reasons: Unprofessional or dishonorable conduct. For purposes of this subsection, the use of an alternative medical treatment shall not by itself constitute unprofessional conduct. For purposes of this paragraph: “Alternative medical trea…
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: A written complaint of some person, not excluding members or employees of the Oregon Medical Board, shall be verified and filed with the board. A hearing shall b…
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.
The Oregon Medical Board may discipline as provided in this section any person licensed, registered or certified under this chapter who has: 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 …
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. Following a contested case hearing, the members of the board who participated in the investigation …
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.
A person’s license issued under this chapter is suspended automatically if: The licensee is adjudged to be a person with mental illness under ORS 426.130 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 2…
A person’s license to practice under this chapter automatically lapses if the licensee fails to: Pay the registration fee as required by rule of the Oregon Medical Board. Notify the board of a change of location not later than the 30th day after such change. Complete prior to payment of the registration fee described in paragraph (a) of this subsection, o…
OREGON MEDICAL BOARD
The Oregon Medical Board consists of 14 members appointed by the Governor and subject to confirmation by the Senate in the manner provided in ORS 171.562 and 171.565. All members of the board must be residents of this state. Of the members of the board: Six must have the degree of Doctor of Medicine; Two must have the degree of Doctor of Osteopathic Medici…
The members of the Oregon Medical Board, before entering upon their duties as members, shall take and subscribe an oath to support the Constitution and laws of the State of Oregon and of the United States, and to perform well and faithfully and without partiality the duties of such office according to the best of their knowledge and ability. The oaths shall …
The executive director of the Oregon Medical Board shall keep a record of all board proceedings, and also a record of all applicants for a license, together with their ages, the time such applicants have spent in the study and practice of medicine, the name and location of all institutions granting to applicants degrees in medicine and such other information…
In addition to any other powers granted by this chapter, the Oregon Medical Board may: Adopt necessary and proper rules for administration of this chapter 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. The fees and charges sh…
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 …
Each administrative law judge conducting hearings on behalf of the Oregon Medical 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…
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.
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 and ORS 676.850 and 676.860. No…
The Oregon Medical Board may maintain a petty cash fund in compliance with ORS 293.180 in the amount of $5,000.
ENFORCEMENT
Upon the complaint of any resident 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 criminal prosecution in this state for the violation of this chapter, the board shall lay the facts before the …
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 prosecutio…
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 At…
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. No person who has made a …
COMPETENCY TO PRACTICE MEDICINE OR PODIATRY
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 v…
As used in this section: “Health care facility” means a facility licensed under ORS 441.015 to 441.119 and 441.993. “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 i…
The Oregon Medical Board shall determine by rule what constitutes medical incompetence, unprofessional conduct, physical incapacity or impairment for the purposes of ORS chapter 677. 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 t…
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.…
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. 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 re…
The Oregon Medical Board may release information received under ORS 441.820 concerning the revocation or restriction of a physician’s activities at a health care facility to any other health care facility licensed under ORS 441.015 to 441.119, 441.525 to 441.595, 441.815, 441.820, 441.990, 441.993, 442.342, 442.344 and 442.400 to 442.463 at which that physic…
ADMINISTRATION OF CONTROLLED SUBSTANCES FOR PAIN
As used in ORS 677.470 to 677.480: “Controlled substance” has the meaning given that term under ORS 475.005. “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. “Health profession…
Notwithstanding any other provision of this chapter and notwithstanding ORS 678.010 to 678.415 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. A health care professional shall not be subject to disciplinary act…
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: Prescribes or administers a controlled substance or treatment that is nontherapeutic in nature or nontherapeutic as administered or prescribed o…
MISCELLANEOUS
The Oregon Medical Board shall encourage each physician with a specialty in primary care or geriatrics, or another specialty designated by the board, to obtain continuing medical education in the detection and early diagnosis of Alzheimer’s disease and in the appropriate prescribing of antipsychotic drugs to treat patients with Alzheimer’s disease. The cont…
As used in this section, “five-needle protocol” means the standardized five-needle treatment protocol in which five points on the human outer ear are stimulated with sterile, single-use disposable needles, ear seeds or ear beads for the purpose of achieving temporary relief from the symptoms of substance use disorder, mental health conditions or trauma. The …
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 directl…
Whenever any physician determines or reasonably suspects the injury or death of a person to be toy-related, the physician shall, in accordance with rules adopted under subsection (5) of this section, report the physician’s findings to the Director of the Oregon Health Authority. The director of any hospital, health care facility, health maintenance organiza…
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, dea…
As used in this section, “telemedicine” means the practice of medicine and provision of health care services to a patient by a physician or physician associate from a distance using electronic communications, including synchronous technologies to facilitate an exchange of information between a patient and physician or physician associate in real time or asyn…
As used in ORS 677.495 to 677.535, unless the context requires otherwise: “Collaboration” means, as indicated by the patient’s condition, community standards of care and a physician associate’s education, training and experience: Consultation between the physician associate and a physician or podiatric physician; or Referral by the physician associate to …
It is the intent of the Legislative Assembly in requiring the licensure of physician associates to encourage appropriate use of physician associates in the delivery of health care services to the extent of a physician associate’s education and experience.
ORS 677.495 and 677.505 to 677.525 are not intended to alter or affect ORS chapter 678, regarding the practice of nursing; ORS chapter 679, regarding the practice of dentistry; ORS 680.010 to 680.205, regarding the practice of dental hygienists and auxiliaries; or ORS 683.010 to 683.340, regarding the practice of optometry. ORS 677.495 and 677.505 to 677.52…
A physician associate shall engage in collaboration with the appropriate health care provider as indicated by the condition of the patient, the standard of care and the physician associate’s education, experience and competence. The degree of collaboration must be determined at the physician associate’s primary location of practice. The determination may inc…
A physician associate is authorized to write prescriptions, including prescriptions for controlled substances listed in Schedules II through V. A physician associate may register with the Oregon Medical Board for authority to dispense prescription drugs. Notwithstanding paragraph (a) of this subsection, and except as permitted under ORS 677.515 (5), a phys…
A person seeking licensure as a physician associate 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. The board may issue a license to a physician associate who: Submits an application…
A physician associate may practice medicine by providing any medical service, including prescribing and administering controlled substances in Schedules II through V under the federal Controlled Substances Act: That is within the scope of practice of the physician associate; and For which the physician associate has obtained informed consent as provided in…
A physician associate may complete and sign reports of death. Reports of death signed by a physician associate shall fulfill all of the laws dealing with reports of death. A physician associate who prepares a report of death shall comply with all provisions of ORS 432.133. Note: 677.518 was added to and made a part of 677.495 to 677.535 by legislative actio…
Performance of any medical services by a physician associate 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 associate to the penalties provided in ORS 677.990.
Every physician associate shall pay to the Oregon Medical Board nonrefundable fees as determined by the board pursuant to ORS 677.265.
The Oregon Medical Board may grant a limited license to a physician associate if the applicant meets the qualifications of the board, the application file is complete and no derogatory information has been submitted but board approval is pending.
ACUPUNCTURISTS
As used in ORS 677.757 to 677.770: “Acupuncture” means: Traditional Eastern medicine used to promote health and treat neurological, organic or functional disorders through the insertion of needles into specific points on the body at varying depths, including insertion into the skin, subcutaneous tissue, muscle layers and fascia, and into or near joint spac…
A person may not 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. Notwithstanding subsection (1) of this section, the board may issue a license to practice acupuncture to an individual licensed to pr…
Nothing in ORS 677.757 to 677.770 is intended to: 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. Limit any other licensed or certified health care practitioner from practicing acupressure o…
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.
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.
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: One shall be a person who is a current member of the board. Two shall be physicians licensed under ORS chapter 677. Three shall be acupuncturists licensed under ORS 677.757 to 677.770. In …
The Acupuncture Advisory Committee shall: Review and make recommendations concerning all applications to the Oregon Medical Board for acupuncture licensing or acupuncture license renewal. Recommend to the board standards of professional responsibility and practice for licensed acupuncturists. Recommend to the board standards of didactic and clinical educa…
As used in ORS 677.805 to 677.840, “ankle” means the tibial plafond and its posterolateral border or posterior malleolus, the medial malleolus, the distal fibula or lateral malleolus, and the talus.
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. 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 podiatri…
Surgery of the ankle as defined in ORS 677.805 must be conducted: In a hospital or in an ambulatory surgical center licensed by the Oregon Health Authority under ORS 441.025; and By a podiatric physician and surgeon who meets the qualifications for ankle surgery established by rule of the Oregon Medical Board.
A podiatric physician and surgeon may assist in performing surgery on any part of the body.
ORS 677.805 to 677.840 do not prevent: 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. The sale by licensed druggists of plasters, salves and lotions for the relief and cure of corns, warts, callosities and bunions. ORS 677.80…
All applicants for a license to practice podiatry under ORS 677.805 to 677.840 shall: Have attained the age of 18 years. Be of good moral character. Have graduated from an approved podiatry school or college. Have satisfactorily completed one year of post-graduate training served in a program that is approved by the Oregon Medical Board pursuant to stand…
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 sh…
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 …
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. The board may exempt…
Every podiatric physician and surgeon shall pay to the Oregon Medical Board nonrefundable fees as determined by the board pursuant to ORS 677.265.
PENALTIES
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. Any person who practices medicine without being licens…