Oregon Statute | Act | Code |Title 51 Labor And Employment| US Code - US Statute | Chapter 677 Regulation Of Medicine, Podiatry And Acupuncture

As used in this chapter, subject to the
exemptions in ORS 677.060 and unless the context requires otherwise:

(1) “Approved internship” means the first year of post-graduate
training served in a hospital that is approved by the board or by the
Accreditation Council of Graduate Medical Education, the American
Osteopathic Association or the Royal College of Physicians and Surgeons
of Canada.

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

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

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

(5) “Dispensing physician” means a physician or podiatric physician
and surgeon who purchases prescription drugs for the purpose of
dispensing them to patients or other individuals entitled to receive the
prescription drug and who dispenses them accordingly.

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

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

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

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

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

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

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

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

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

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

(16) “Approved school of medicine” means a school offering a
full-time resident program of study in medicine or osteopathy leading to
a degree of Doctor of Medicine or Doctor of Osteopathy, such program
having been fully accredited or conditionally approved by the Liaison
Committee on Medical Education, or its successor agency, or the American
Osteopathic Association, or its successor agency, or having been
otherwise determined by the board to meet the association standards as
specifically incorporated into board rules. [Amended by 1961 c.400 §1;
1967 c.470 §3; 1979 c.778 §1; 1981 c.220 §2; 1983 c.486 §2; 1985 c.322
§9; 1989 c.830 §1; 1999 c.785 §1; 2005 c.760 §1] 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] This
chapter does not affect or prevent the following:

(1) The practice of medicine or podiatry in this state by any
commissioned medical or podiatric officer serving in the Armed Forces of
the United States or Public Health Service, or any medical or podiatric
officer on duty with the United States Department of Veterans Affairs,
while any such medical or podiatric officer is engaged in the performance
of the actual duties prescribed by the laws and regulations of the United
States.

(2) The meeting in this state of any licensed practitioner of
medicine of any other state or country with a licensed practitioner of
medicine in this state, for consultation.

(3) Supervised clinical training by an acupuncture student who is
enrolled in a school approved to offer credit for post-secondary clinical
education in Oregon or clinical practice of acupuncture by a practitioner
licensed to practice acupuncture in another state or foreign country who
is enrolled in clinical training approved by the Board of Medical
Examiners.

(4) The furnishing of medical or surgical assistance in cases of
emergency requiring immediate attention.

(5) The domestic administration of family remedies.

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

(7) The practice of the religion of persons who endeavor to prevent
or cure disease or suffering by prayer or other spiritual means in
accordance with the tenets of any church. Nothing in this chapter
interferes in any manner with the individual’s right to select the
practitioner or mode of treatment of an individual’s choice, or
interferes with the right of the person so employed to give the treatment
so chosen if public health laws and rules are complied with.

(8) The sale of lenses, artificial eyes, limbs or surgical
instruments or other apparatus or appliances of a similar character.

(9) The sale, rent or use for hire of any device or appliance, the
sale of which is not prohibited by the laws of Oregon or the United
States.

(10) The practice of physiotherapy, electrotherapy or hydrotherapy
carried on by a duly licensed practitioner of medicine, naturopathic
medicine or chiropractic, or by ancillary personnel certified by the
State Board of Chiropractic Examiners, pursuant to ORS 684.155 (1)(c)(A),
to provide physiotherapy, electrotherapy or hydrotherapy and working
under the direction of a chiropractic physician.

(11) The practice or use of massage, Swedish movement, physical
culture, or other natural methods requiring use of the hands. [Amended by
1953 c.159 §6; 1955 c.157 §1; 1961 c.400 §2; 1967 c.470 §4; 1975 c.776
§4; 1983 c.486 §3; 1987 c.726 §10; 1989 c.830 §2; 1991 c.67 §181; 1999
c.466 §1] No person shall:

(1) Knowingly make any false statement or representation on a
matter, or willfully conceal any fact material to the right of the person
to practice medicine or to obtain a license under this chapter.

(2) Sell or fraudulently obtain or furnish any medical and surgical
diploma, license, record or registration, or aid or abet in the same.

(3) Impersonate anyone to whom a license has been granted by the
Board of Medical Examiners.

(4) Except as provided in ORS 677.060, practice medicine in this
state without a license required by this chapter. [Formerly 677.050; 1983
c.486 §5] (1) For the
purposes of any civil action against a person licensed by the Board of
Medical Examiners, any expression of regret or apology made by or on
behalf of the person, including an expression of regret or apology that
is made in writing, orally or by conduct, does not constitute an
admission of liability for any purpose.

(2) A person who is licensed by the Board of Medical Examiners, or
any other person who makes an expression of regret or apology on behalf
of a person who is licensed by the Board of Medical Examiners, may not be
examined by deposition or otherwise in any civil or administrative
proceeding, including any arbitration or mediation proceeding, with
respect to an expression of regret or apology made by or on behalf of the
person, including expressions of regret or apology that are made in
writing, orally or by conduct. [2003 c.384 §1]Note: Section 2, chapter 384, Oregon Laws 2003, provides:

Sec. 2. (1) Except as provided in subsection (2) of this section,
section 1 of this 2003 Act [677.082] applies to all expressions of regret
or apology, whether made before, on or after the effective date of this
2003 Act [June 16, 2003].

(2) Section 1 of this 2003 Act does not apply to any civil action
in which a judgment was entered in the register of a circuit court before
the effective date of this 2003 Act. Section 1 of this 2003 Act does not
apply to any administrative proceeding in which a final order was entered
before the effective date of this 2003 Act. [2003 c.384 §2]Note: 677.082 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 677 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation. 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)(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](1) Prescription drugs dispensed by a physician or podiatric
physician and surgeon shall be personally dispensed by the physician or
podiatric physician and surgeon. Nonjudgmental dispensing functions may
be delegated to staff assistants when the accuracy and completeness of
the prescription is verified by the physician or podiatric physician and
surgeon.

(2) The dispensing physician shall maintain records of receipt and
distribution of prescription drugs. These records shall be readily
accessible and subject to inspection by the Board of Medical Examiners.

(3) The dispensing physician shall label prescription drugs with
the following information:

(a) Name of patient;

(b) The name and address of the dispensing physician;

(c) Date of dispensing;

(d) The name of the drug but if the dispensed drug does not have a
brand name, the prescription label shall indicate the generic name of the
drug dispensed along with the name of the drug distributor or
manufacturer, its quantity per unit and the directions for its use stated
in the prescription. However, if the drug is a compound, the quantity per
unit need not be stated;

(e) Cautionary statements, if any, as required by law; and

(f) When applicable and as determined by the State Board of
Pharmacy, an expiration date after which the patient should not use the
drug.

(4) Prescription drugs shall be dispensed in containers complying
with the federal Poison Prevention Packaging Act unless the patient
requests a noncomplying container. [1985 c.322 §11; 2005 c.760 §2]Note: 677.089 was added to and made a part of ORS chapter 677 by
legislative action but was not added to any smaller series therein. See
Preface to Oregon Revised Statutes for further explanation.(1) A physician or podiatric physician and
surgeon licensed to practice medicine or podiatry by the Board of Medical
Examiners for the State of Oregon has the duty to use that degree of
care, skill and diligence that is used by ordinarily careful physicians
or podiatric physicians and surgeons in the same or similar circumstances
in the community of the physician or podiatric physician and surgeon or a
similar community.

(2) In any suit, action or arbitration seeking damages for
professional liability from a health care provider, no issue shall be
precluded on the basis of a default, stipulation, agreement or any other
outcome at any stage of an investigation or an administrative proceeding,
including but not limited to a final order. [1975 c.796 §10d; 1983 c.486
§7; 1995 c.684 §2; 1997 c.792 §19]Note: 677.095 and 677.097 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 677 or any
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation. (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.(1) A physician currently a participating
physician in the Medicare assignment program under 42 U.S.C. 1395
(b)(3)(B) II shall post a notice reading:

___________________________________________________________________________
___



(Physician’s name) is participating in the Medicare Assignment
Program. The physician will not charge you fees above the Medicare
determined annual deductible and the per visit copayment. Ask your
physician for more information concerning your fees.

___________________________________________________________________________
___



(2) A physician not currently a participating physician in the
Medicare assignment program under 42 U.S.C. 1395 (b)(3)(B) II shall post
a notice reading:

___________________________________________________________________________
___



(Physician’s name) is not participating in the Medicare Assignment
Program and may legally charge you fees in addition to the Medicare
determined annual deductible and per visit copayment. Ask your physician
for more information concerning your fees.

___________________________________________________________________________
___



(3) The Board of Medical Examiners for the State of Oregon shall
establish by rule the dimension and design for the printing and posting
of the sign so as to assure that it can be seen and read by Medicare
beneficiaries.

(4) If the physician has reasonable cause to believe that the
patient cannot read the sign or cannot comprehend its content, the
physician shall endeavor to explain the meaning of the notice. [1987
c.379 §§2,3,4,5](Licensing) (1) An applicant
for a license to practice medicine in this state, except as otherwise
provided in subsection (2) of this section, must possess the following
qualifications:

(a) Have attended and graduated from a school of medicine.

(b) Have satisfactorily completed the following post-graduate
requirement:

(A) Satisfactory completion of an approved rotating internship if a
graduate of an approved school of medicine;

(B) One year of training in an approved program if a graduate of an
approved school of medicine; or

(C) Three years of training in an approved program if a graduate of
an unapproved school of medicine.

(c) Have complied with each rule of the Board of Medical Examiners
for the State of Oregon which applies to all similar applicants for a
license to practice medicine in this state.

(d) Have provided evidence sufficient to prove to the satisfaction
of the board that the applicant is of good moral character. For purposes
of this section, the lack of good moral character may be established by
reference to acts or conduct that reflect moral turpitude or to acts or
conduct which would cause a reasonable person to have substantial doubts
about the individual’s honesty, fairness and respect for the rights of
others and for the laws of the state and the nation. The acts or conduct
in question must be rationally connected to the applicant’s fitness to
practice medicine.

(2) If an applicant establishes that the applicant is of good moral
character and has qualifications which the board determines are the
equivalent of the qualifications required by subsection (1)(a) to (c) of
this section, the applicant satisfies the requirements of subsection (1)
of this section.

(3) An applicant for a license to practice medicine must make
written application to the board showing compliance with this section,
ORS 677.110, 677.120 and the rules of the board, and containing such
further information as the rules of the board may require. [Amended by
1957 c.681 §11; 1967 c.470 §9; 1973 c.31 §1; 1983 c.486 §9; 1985 c.322
§3; 1989 c.830 §4](1) Applicants who satisfy the requirements of ORS
677.100 shall be admitted to an examination in subjects covered in
schools of medicine that grant degrees of Doctor of Medicine or Doctor of
Osteopathy. The examination shall be sufficient to test the applicant’s
fitness to practice medicine. The examination shall be conducted in such
a manner as to conceal the identity of the applicant until all
examinations have been scored. In all such examinations an average score
of not less than 75 is required for passing. The Board of Medical
Examiners may require the applicant to take and pass the Federation
Licensing Examination, also known as FLEX.

(2) The Board of Medical Examiners for the State of Oregon may
accept a certificate issued by the National Board of Medical Examiners of
the United States or the National Board of Examiners for Osteopathic
Physicians and Surgeons or the Medical Council of Canada or successful
completion of the United States Medical Licensing Examination in lieu of
its own examination.

(3) If an applicant fails the examination, the board may permit the
applicant to take a subsequent examination, if the applicant has
otherwise complied with the law and the rules of the board.

(4) After any applicant satisfactorily passes the examination in
the required subjects, and otherwise complies with the law and the rules
of the board, the board shall grant a license to the applicant to
practice medicine in Oregon. [Amended by 1953 c.159 §6; 1957 c.681 §2;
1967 c.470 §10; 1975 c.776 §5; 1985 c.322 §8; 1989 c.830 §5; 1991 c.485
§3; 1993 c.16 §1] (1) As used in this section, “health clinic”
means a public health clinic or a health clinic operated by a charitable
corporation that mainly provides primary physical health, dental or
mental health services to low-income patients without charge or using a
sliding fee scale based on the income of the patient.

(2) A physician and surgeon who lawfully has been issued a license
to practice in another state or territory of the United States or the
District of Columbia, the qualifications and licensing examinations of
which are substantially similar to those of the State of Oregon, may be
licensed by the Board of Medical Examiners for the State of Oregon to
practice medicine in this state without taking an examination, except
when an examination is required under subsection (3) or (4) of this
section.

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

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

(5) The board shall make the application under subsection (4) of
this section available online. A physician and surgeon applying for a
license under subsection (4) of this section shall pay to the board an
application fee as determined by the board pursuant to ORS 677.265.
[Amended by 1957 c.681 §3; 1967 c.470 §16; 1973 c.31 §2; 1983 c.486 §10;
1987 c.377 §1; 1989 c.830 §6; 1993 c.16 §2; 2005 c.359 §1] The Board of Medical Examiners may
enter into agreements with medical or osteopathic examining boards of
other states and territories of the United States, and the District of
Columbia, having qualifications and standards at least as high as those
of this state, providing for reciprocal licensing in this state, without
further examination, of persons who have been licensed upon written
examination in the other state or territory. Approval of these agreements
by any other officer or agency of this state is not required. [1967 c.470
§18] (1) When a need exists, the Board of
Medical Examiners for the State of Oregon may issue a limited license for
a specified period to an applicant who possesses the qualifications
prescribed by the rules of the board. The board shall supervise the
activities of the holder of a limited license and impose such
restrictions as it finds necessary. Each person holding a limited license
must obtain an unlimited license at the earliest time possible. After
such time the board shall refuse to renew a limited license at the end of
a specified period if it determines that the holder thereof is not
pursuing diligently an attempt to become qualified for a license.

(2) The board by rule shall prescribe the types of and limitations
upon licenses issued under this section.

(3) A person licensed under this section is subject to all the
provisions of this chapter and to all the rules of the board, has the
same duties and responsibilities and is subject to the same penalties and
sanctions as any other person licensed under this chapter. [1967 c.470
§12; 1973 c.31 §3; 1983 c.486 §11; 1989 c.830 §7]” 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.(1) A person may not engage in the practice of
medicine across state lines, claim qualification to engage in the
practice of medicine across state lines or use any title, word or
abbreviation to indicate or to induce another to believe that the person
is licensed to engage in the practice of medicine across state lines
unless the person is licensed in accordance with ORS 677.139.

(2) ORS 677.135 to 677.141 do not apply to a physician engaging in
the practice of medicine across state lines in an emergency, as defined
by rule of the Board of Medical Examiners.

(3) ORS 677.135 to 677.141 do not apply to a licensed physician
located outside this state who:

(a) Consults with another physician licensed to practice medicine
in this state; and

(b) Does not undertake the primary responsibility for diagnosing or
rendering treatment to a patient within this state.

(4) ORS 677.135 to 677.141 do not apply to a licensed physician
located outside this state who has an established physician-patient
relationship with a person who is in Oregon temporarily and who requires
the direct medical treatment by that physician. [1999 c.549 §3]Note: See note under 677.135.(1) Upon application, the Board of Medical Examiners
may issue to an out-of-state physician a license for the practice of
medicine across state lines if the physician holds a full, unrestricted
license to practice medicine in any other state of the United States, has
not been the recipient of a professional sanction by any other state of
the United States and otherwise meets the standards for Oregon licensure
under this chapter.

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

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

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

(5) A license for the practice of medicine across state lines does
not permit a physician to practice medicine in this state except when
engaging in the practice of medicine across state lines. [1999 c.549 §4]Note: See note under 677.135.(1) A physician issued a license under ORS 677.139 is
subject to all the provisions of this chapter and to all the rules of the
Board of Medical Examiners. A physician issued a license under ORS
677.139 has the same duties and responsibilities and is subject to the
same penalties and sanctions as any other physician licensed under this
chapter.

(2) A physician issued a license under ORS 677.139 may not:

(a) Act as a dispensing physician as defined in ORS 677.010;

(b) Administer controlled substances for the treatment of
intractable pain to a person located within this state;

(c) Employ a physician assistant as defined in ORS 677.495 to treat
a person located within this state;

(d) Claim the tax deduction provided by ORS 316.076;

(e) Participate in the Rural Health Services Program under ORS
442.550 to 442.570; or

(f) Assert a lien for services under ORS 87.555.

(3) A physician licensed under ORS 677.139 shall comply with all
patient confidentiality requirements of this state, except as those
requirements are expressly prohibited by the law of any other state of
the United States where a person’s medical records are maintained. [1999
c.549 §§5,6]Note: See note under 677.135. (1) Any person
licensed to practice under this chapter who changes location during the
period between any two registration dates shall notify the Board of
Medical Examiners of the change within 30 days after such change.

(2) Any person who is newly licensed by the board to practice under
this chapter during the period between any two registration dates shall
immediately register and pay the registration fee for that period.

(3)(a) Any person licensed under this chapter who changes location
of practice to some other state or country shall be listed by the board
as inactive. Absence from the state of a person licensed by the board
does not affect the validity of the license if the licensee notifies the
board of such absence from the state and pays the inactive registration
fee during such absence.

(b) Before resuming practice in the state, the licensee shall
notify the board of the intention to resume active practice in the state
and obtain a certificate of active registration for the renewal period
during which the licensee returns. The fee shall be the active
registration fee less any inactive registration fee previously paid for
that renewal period.

(c) The licensee shall file an affidavit with the board describing
medically related activities during the period of inactive registration.
If, in the judgment of the board, the conduct of the licensee has been,
during the period of inactive registration, such that the licensee would
have been denied a license if applying for an initial license, the board
may deny active registration and may take further action as appropriate.
[1991 c.485 §2]Note: 677.172 was added to and made a part of ORS chapter 677 by
legislative action but was not added to any smaller series therein. See
Preface to Oregon Revised Statutes for further explanation. (1) A person licensed to
practice under this chapter may retire from practice by notifying the
Board of Medical Examiners for the State of Oregon in writing of such
intention to retire. Upon receipt of this notice the board shall record
the fact that the person is retired and excuse such person from further
payment of registration fees. During the period of retirement no such
person may practice. If a retired licensee desires to return to practice,
the licensee shall apply to the board in writing for active registration.
The board shall take action on the application as if the licensee were
listed by the board as inactive and applying for active registration.

(2) If a person licensed to practice under this chapter ceases to
practice for a period of 12 or more consecutive months, the board in its
discretion may require the person to prove to its satisfaction that the
licensee has maintained competence.

(3) The surrender, retirement or other forfeiture, expiration or
cancellation of a license issued by the board shall not deprive the board
of its authority to institute or continue a disciplinary action against
the licensee upon any ground provided by law. [1967 c.470 §25; 1983 c.486
§18; 1989 c.830 §8; 1991 c.485 §4](1) On each license issued by it,
the Board of Medical Examiners for the State of Oregon shall enter after
the name of the person holding the license the degree to which the person
is entitled by reason of the diploma of graduation from a school of
medicine which, at the time of the graduation of such person, was
approved by the board for purposes of ORS 677.100.

(2) The license shall be displayed in a prominent place in the
licensee’s office.

(3) In every letter, business card, advertisement, prescription
blank, sign, public listing or display in connection with the profession
of the person, each person licensed to practice medicine in this state
shall designate the degree appearing on the license of the person
pursuant to subsection (1) of this section. Action taken by the board
under ORS 677.190 for failure to comply with this subsection does not
relieve a person from criminal prosecution for violation of ORS 676.100
to 676.120. [1967 c.470 §28; 1983 c.486 §20; 1989 c.830 §9]

(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]The Board of Medical Examiners for the State of
Oregon may refuse to grant, or may suspend or revoke a license to
practice for any of the following reasons:

(1)(a) Unprofessional or dishonorable conduct.

(b) For purposes of this subsection, the use of an alternative
medical treatment shall not by itself constitute unprofessional conduct.
For purposes of this paragraph:

(A) “Alternative medical treatment” means:

(i) A treatment that the treating physician, based on the
physician’s professional experience, has an objective basis to believe
has a reasonable probability for effectiveness in its intended use even
if the treatment is outside recognized scientific guidelines, is
unproven, is no longer used as a generally recognized or standard
treatment or lacks the approval of the United States Food and Drug
Administration;

(ii) A treatment that is supported for specific usages or outcomes
by at least one other physician licensed by the Board of Medical
Examiners; and

(iii) A treatment that poses no greater risk to a patient than the
generally recognized or standard treatment.

(B) “Alternative medical treatment” does not include use by a
physician of controlled substances in the treatment of a person for
chemical dependency resulting from the use of controlled substances.

(2) Employing any person to solicit patients for the licensee.
However, a managed care organization, independent practice association,
preferred provider organization or other medical service provider
organization may contract for patients on behalf of physicians.

(3) Representing to a patient that a manifestly incurable condition
of sickness, disease or injury can be cured.

(4) Obtaining any fee by fraud or misrepresentation.

(5) Willfully or negligently divulging a professional secret
without the written consent of the patient.

(6) Conviction of any offense punishable by incarceration in a
Department of Corrections institution or in a federal prison, subject to
ORS 670.280. A copy of the record of conviction, certified to by the
clerk of the court entering the conviction, shall be conclusive evidence
of the conviction.

(7) Habitual or excessive use of intoxicants, drugs or controlled
substances.

(8) Fraud or misrepresentation in applying for or procuring a
license to practice in this state, or in connection with applying for or
procuring registration.

(9) Making statements that the licensee knows, or with the exercise
of reasonable care should know, are false or misleading, regarding skill
or the efficacy or value of the medicine, treatment or remedy prescribed
or administered by the licensee or at the direction of the licensee in
the treatment of any disease or other condition of the human body or mind.

(10) Impersonating another licensee licensed under this chapter or
permitting or allowing any person to use the license.

(11) Aiding or abetting the practice of medicine or podiatry by a
person not licensed by the board, when the licensee knows, or with the
exercise of reasonable care should know, that the person is not licensed.

(12) Using the name of the licensee under the designation “doctor,”
“Dr.,” “D.O.” or “M.D.,” “D.P.M.,” “Acupuncturist,” “P.A.” or any similar
designation in any form of advertising that is untruthful or is intended
to deceive or mislead the public.

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

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

(15) Incapacity to practice medicine or podiatry. If the board has
evidence indicating incapacity, the board may order a licensee to submit
to a standardized competency examination. The licensee shall have access
to the result of the examination and to the criteria used for grading and
evaluating the examination. If the examination is given orally, the
licensee shall have the right to have the examination recorded.

(16) Disciplinary action by another state of a license to practice,
based upon acts by the licensee similar to acts described in this
section. A certified copy of the record of the disciplinary action of the
state is conclusive evidence thereof.

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

(18) Willfully violating any provision of this chapter or any rule
adopted by the board, board order, or failing to comply with a board
request pursuant to ORS 677.320.

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

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

(21) Making a fraudulent claim.

(22)(a) Performing psychosurgery.

(b) For purposes of this subsection and ORS 426.385,
“psychosurgery” means any operation designed to produce an irreversible
lesion or destroy brain tissue for the primary purpose of altering the
thoughts, emotions or behavior of a human being. “Psychosurgery” does not
include procedures which may produce an irreversible lesion or destroy
brain tissues when undertaken to cure well-defined disease states such as
brain tumor, epileptic foci and certain chronic pain syndromes.

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

(24) Violation of the federal Controlled Substances Act.

(25) Prescribing controlled substances without a legitimate medical
purpose, or prescribing controlled substances without following accepted
procedures for examination of patients, or prescribing controlled
substances without following accepted procedures for record keeping or
without giving the notice required under ORS 677.485.

(26) Failure by the licensee to report to the board any adverse
action taken against the licensee by another licensing jurisdiction or
any peer review body, health care institution, professional or medical
society or association, governmental agency, law enforcement agency or
court for acts or conduct similar to acts or conduct that would
constitute grounds for disciplinary action as described in this section.

(27) Failure by the licensee to notify the board of the licensee’s
voluntary resignation from the staff of a health care institution or
voluntary limitation of a licensee’s staff privileges at the institution
if that action occurs while the licensee is under investigation by the
institution or a committee thereof for any reason related to medical
incompetence, unprofessional conduct or mental or physical impairment.
[Amended by 1957 c.681 §5; 1961 c.400 §5; 1967 c.470 §30; 1969 c.684 §15;
1973 c.616 §16; 1975 c.776 §8; 1975 c.796 §2a; 1979 c.744 §50; 1981 c.372
§4; 1983 c.470 §4; 1983 c.486 §22; 1987 c.320 §244; 1989 c.830 §10; 1991
c.485 §5; 1995 s.s. c.2 §1; 1997 c.792 §20]Except as provided in ORS 677.202
or 677.205 (1)(a), any proceeding for disciplinary action of a licensee
licensed under this chapter shall be substantially in accord with the
following procedure:

(1) A written complaint of some person, not excluding members or
employees of the Board of Medical Examiners for the State of Oregon,
shall be verified and filed with the board.

(2) A hearing shall be given to the accused in accordance with ORS
chapter 183 as a contested case. [Amended by 1957 c.681 §6; 1961 c.400
§6; 1967 c.470 §31; 1971 c.734 §118; 1983 c.486 §23; 1989 c.830 §11]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] (1) The Board of
Medical Examiners for the State of Oregon may discipline as provided in
this section any person licensed, registered or certified under this
chapter who has:

(a) Admitted the facts of a complaint filed in accordance with ORS
677.200 (1) alleging facts which establish that such person is in
violation of one or more of the grounds for suspension or revocation of a
license as set forth in ORS 677.190;

(b) Been found to be in violation of one or more of the grounds for
disciplinary action of a licensee as set forth in this chapter; or

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

(2) In disciplining a licensee as authorized by subsection (1) of
this section, the board may use any or all of the following methods:

(a) Suspend judgment.

(b) Place the licensee on probation.

(c) Suspend the license.

(d) Revoke the license.

(e) Place limitations on the license.

(f) Take such other disciplinary action as the board in its
discretion finds proper, including assessment of the costs of the
disciplinary proceedings as a civil penalty or assessment of a civil
penalty not to exceed $5,000, or both.

(3) In addition to the action authorized by subsection (2) of this
section, the board may temporarily suspend a license without a hearing,
simultaneously with the commencement of proceedings under ORS 677.200 if
the board finds that evidence in its possession indicates that a
continuation in practice of the licensee constitutes an immediate danger
to the public.

(4) If the board places any licensee on probation as set forth in
subsection (2)(b) of this section, the board may determine, and may at
any time modify, the conditions of the probation and may include among
them any reasonable condition for the purpose of protection of the public
or for the purpose of the rehabilitation of the probationer, or both.
Upon expiration of the term of probation, further proceedings shall be
abated if the licensee has complied with the terms of the probation.

(5) If a license issued under this chapter is suspended, the holder
of the license may not practice during the term of suspension. Upon the
expiration of the term of suspension, the license shall be reinstated by
the board if the conditions for which the license was suspended no longer
exist.

(6) The board shall enter each case of disciplinary action on its
records.

(7) Civil penalties 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](1) Where the Board of Medical Examiners 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]Whenever a license issued under this chapter is denied or
revoked for any cause, the Board of Medical Examiners for the State of
Oregon 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](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 Board of Medical Examiners, 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](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 Board of
Medical Examiners for the State of Oregon.

(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](Board of Medical Examiners)(1) The Board of Medical Examiners for the State of Oregon
consists of 12 members appointed by the Governor. Seven of the members
shall be appointed from among persons having the degree of Doctor of
Medicine, two from among persons having the degree of Doctor of
Osteopathy and one from among persons having the degree of Doctor of
Podiatric Medicine. Of the seven members who hold the degree of Doctor of
Medicine, there shall be at least one member appointed from each federal
congressional district. In addition to the 10 named persons described,
there shall be appointed two public members representing health
consumers. All persons appointed must have been residents of this state
for at least seven years. The physician members and the member who is a
podiatric physician and surgeon must have been in the active practice of
their profession for at least five years immediately preceding their
appointment. Neither the public members nor any person within the
immediate family of the public members shall be employed as a health
professional or in any health-related industry. The public members shall
be members of the investigative committee of the board. The member of the
board who is a podiatric physician and surgeon may vote only on a matter
before the board that has been determined by the board to involve a
podiatric physician and surgeon.

(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] (1) The members of
the Board of Medical Examiners for the State of Oregon, before entering
upon their duties as members, shall take and subscribe an oath to support
the Constitution and laws of the State of Oregon and of the United
States, and to perform well and faithfully and without partiality the
duties of such office according to the best of their knowledge and
ability. The oaths shall be filed and preserved of record in the office
of the board.

(2) The board shall elect annually from among its members a
chairperson, vice chairperson and secretary.

(3) The board shall hold meetings within the state at such times
and places as shall be determined by the board.

(4) The chairperson, vice chairperson or secretary may call a
special meeting of the board upon at least 10 days’ notice in writing to
each member, to be held at any place designated by such officer.

(5) The board shall hold meetings for examination of applicants for
licenses at least twice each year on such dates as the board considers
advisable. Special meetings for the examination of applicants for
licenses may be called in the same manner as other special meetings of
the board. [Amended by 1967 c.470 §47; 1989 c.830 §18] The Board of Medical Examiners 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]In addition to any other powers granted by this chapter, the
Board of Medical Examiners for the State of Oregon 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 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 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 board and
the other agency or body.

(5) Appoint examiners, who need not be members of the 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 board. The board shall accept the approval by the
American Osteopathic Association or the American Medical Association.

(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]If any licensee fails to comply with
any lawful rule or order of the Board of Medical Examiners for the State
of Oregon, 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] (1) The
Board of Medical Examiners for the State of Oregon 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](1) Subject to any applicable provisions of the State Personnel
Relations Law, the Board of Medical Examiners for the State of Oregon 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](1) All moneys received by the Board of Medical Examiners for
the State of Oregon under this chapter shall be paid into the General
Fund in the State Treasury and placed to the credit of the Board of
Medical Examiners 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] The Board of Medical Examiners for the
State of Oregon 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](Enforcement) (1)
Upon the complaint of any citizen of this state, or upon its own
initiative, the Board of Medical Examiners for the State of Oregon may
investigate any alleged violation of this chapter. If, after the
investigation, the board has reason to believe that any person is subject
to prosecution criminally for the violation of this chapter, it shall lay
the facts before the proper district attorney.

(2) In the conduct of investigations, the board or its designated
representative may:

(a) Take evidence;

(b) Take the depositions of witnesses, including the person charged;

(c) Compel the appearance of witnesses, including the person
charged;

(d) Require answers to interrogatories; and

(e) Compel the production of books, papers, accounts, documents and
testimony pertaining to the matter under investigation.

(3) In exercising its authority under subsection (2) of this
section, the board may issue subpoenas over the signature of the
executive director and the seal of the board in the name of the State of
Oregon.

(4) In any proceeding under this section where the subpoena is
addressed to a licensee of this board, it shall not be a defense that the
material that is subject to the subpoena is protected under a patient and
physician privilege.

(5) If a licensee who is the subject of an investigation or
complaint is to appear before members of the board investigating the
complaint, the board shall provide the licensee with a current summary of
the complaint or the matter being investigated not less than five days
prior to the date that the licensee is to appear. At the time the summary
of the complaint or the matter being investigated is provided, the board
shall provide to the licensee a current summary of documents or alleged
facts that the board has acquired as a result of the investigation. The
name of the complainant or other information that reasonably may be used
to identify the complainant may be withheld from the licensee.

(6) A licensee who is the subject of an investigation and any
person authorized to act on behalf of the licensee shall not knowingly
contact the complainant until the licensee has requested a contested case
hearing and the board has authorized the taking of the complainant’s
deposition pursuant to ORS 183.425.

(7) Except in an investigation or proceeding conducted by the board
or another public entity, or in an action, suit or proceeding where a
public entity is a party, a licensee shall not be questioned or examined
regarding any communication with the board made in an appearance before
the board as part of an investigation. This section shall not prohibit
examination or questioning of a licensee regarding records dealing with a
patient’s care and treatment or affect the admissibility of those
records. As used in this section, “public entity” has the meaning given
that term in ORS 676.177. [Amended by 1983 c.486 §40; 1989 c.830 §25;
1997 c.792 §26; 1999 c.751 §5] The Board of
Medical Examiners 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](1) The district attorney of each county
shall prosecute any violation of this chapter occurring in the county.
The Board of Medical Examiners 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](1) Members of the Board of
Medical Examiners for the State of Oregon, 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](Artificial Insemination)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. 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.(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. 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) A
licensee may request in writing to the Board of Medical Examiners 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](1) As used in this section:

(a) “Health care facility” means a facility licensed under ORS
441.015 to 441.087.

(b) “Official action, incident or event” means a restriction,
limitation, loss or denial of privileges of a licensee to practice
medicine, 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, or the
withdrawal by a licensee from the practice of medicine or podiatry.

(2) The Board of Medical Examiners on its 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 an impaired
licensee unable safely to engage in the practice of medicine or podiatry.

(3) A licensee licensed by the 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 an impaired licensee unable safely
to engage in the practice of medicine or podiatry. 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, incident or event taken against the licensee.

(5) A health care facility shall report to the Board of Medical
Examiners any official action, incident or event taken against a licensee
within 10 business days of the date of the official action, incident or
event.

(6) A licensee’s voluntary resignation from the staff of a health
care institution or voluntary limitation of the licensee’s staff
privileges at such an institution shall be promptly reported to the board
by the institution and the licensee if that action occurs while the
licensee is under investigation by the institution or a committee thereof
for any reason related to possible medical incompetence, unprofessional
conduct or mental or physical impairment.

(7) If, in the opinion of the 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.

(8) A person who reports in good faith to the Board of Medical
Examiners 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]The Board of Medical Examiners 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.(1) Notwithstanding any other provisions of this chapter, the
Board of Medical Examiners for the State of Oregon 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] (1) Any information
that the Board of Medical Examiners for the State of Oregon 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]
The Board of Medical Examiners 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](Administration of Controlled Substances for Intractable Pain) As used in ORS
677.470 to 677.485:

(1) “Controlled substance” has the meaning given that term under
ORS 475.005.

(2) “Intractable pain” means a pain state in which the cause of the
pain cannot be removed or otherwise treated and for which, in the
generally accepted course of medical practice, no relief or cure of the
cause of the pain has been found after reasonable efforts, including, but
not limited to, evaluation by the attending physician. [1995 c.380 §2;
1999 c.480 §1](1) Notwithstanding any other provision of this
chapter, a physician licensed under this chapter may prescribe or
administer controlled substances to a person in the course of the
physician’s treatment of that person for a diagnosed condition causing
intractable pain.

(2) A physician shall not be subject to disciplinary action by the
Board of Medical Examiners for prescribing or administering controlled
substances in the course of treatment of a person for intractable 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 physician’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 physician 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 intractable 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]ORS 677.474 does not prohibit the Board of
Medical Examiners from placing on probation or denying, revoking,
limiting or suspending the license of any physician 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] Prior to commencing the treatment
of intractable pain as allowed under ORS 677.474, the physician shall
provide to the person and the person shall sign a written notice,
provided and approved by the board, disclosing the material risks
associated with the prescribed or administered controlled substances to
be used in the course of the physician’s treatment of that person. [1995
c.380 §5; 2003 c.408 §3](Miscellaneous)(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. (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.(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 As used in ORS
677.495 to 677.545, unless the context requires otherwise:

(1) “Committee” means the Physician Assistant Committee created in
ORS 677.540.

(2) “Physician assistant” means a person who is licensed in
accordance with ORS 677.505 to 677.525.

(3) “Supervision” means the routine direction and regular review by
the supervising physician, as determined to be appropriate by the Board
of Medical Examiners for the State of Oregon, 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] 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](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 677.530 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](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 Board of Medical Examiners. 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) 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. 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] (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 Board of Medical
Examiners for the State of Oregon, 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] 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.Performance of any medical services by a physician
assistant after the revocation or suspension of the license by the Board
of Medical Examiners for the State of Oregon, 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] Every physician assistant shall pay
to the Board of Medical Examiners for the State of Oregon nonrefundable
fees as determined by the board pursuant to ORS 677.265. [Formerly
677.232; 1983 c.486 §48; 1989 c.830 §34] The Board of Medical Examiners for the
State of Oregon 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] (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 Board of Medical Examiners for the State of Oregon shall
appoint one of its members and one physician. One of the two must
supervise a physician assistant.

(b) The Oregon Society of Physician Assistants shall appoint two
physician assistants.

(c) The State Board of Pharmacy shall appoint one pharmacist.

(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] 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 Board of Medical
Examiners for the State of Oregon.

(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 Board of Medical Examiners 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]DIVERSION PROGRAM (1) There is
established a Diversion Program Supervisory Council consisting of five
members appointed by the Board of Medical Examiners for the purpose of
developing and implementing a diversion program for chemically dependent
licensees regulated under this chapter. 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 chemically dependent persons.

(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 Board of Medical Examiners.

(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] (1) Subject to the
approval of the Board of Medical Examiners, 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 chemically
dependent licensees.

(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]The Board of Medical Examiners may enter into contracts to provide
services for chemically dependent licensees and may, in accordance with
ORS chapter 183, adopt rules necessary for the administration of a
diversion program for chemically dependent licensees. [1989 c.705 §3] (1) In
addition to or in lieu of any disciplinary action under ORS 677.205, the
Board of Medical Examiners 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](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 Board of Medical
Examiners.

(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] The Board of Medical
Examiners, 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] In
addition to any other powers granted by ORS 677.615 to 677.677, the Board
of Medical Examiners 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
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
board. [1989 c.705 §7; 1991 c.703 §23]ACUPUNCTURISTS 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 Board of Medical Examiners for the State
of Oregon:

(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 Board of Medical
Examiners for the State of Oregon. [1993 c.378 §1](1) No person shall practice acupuncture without first
obtaining a license to practice medicine and surgery or a license to
practice acupuncture from the Board of Medical Examiners for the State of
Oregon except as provided in subsection (2) of this section.

(2) Notwithstanding subsection (1) of this section, the board may
issue a license to practice acupuncture to an individual licensed to
practice acupuncture in another state or territory of the United States
if the individual is licensed to practice medicine and surgery or
acupuncture in the other state or territory. The board shall not issue
such a license unless the requirements of the other state or territory
are similar to the requirements of this state.

(3) The board shall examine the qualifications of an applicant and
determine who shall be authorized to practice acupuncture.

(4) Using the term “acupuncture,” “acupuncturist,” “Oriental
medicine” or any other term, title, name or abbreviation indicating that
an individual is qualified or licensed to practice acupuncture is prima
facie evidence of practicing acupuncture.

(5) In addition to the powers and duties of the board described in
this chapter, the board shall adopt rules consistent with ORS 677.757 to
677.770 governing the issuance of a license to practice acupuncture.
[1993 c.378 §2]

(1) Prevent, limit or interfere with an individual licensed or
certified by the Board of Medical Examiners for the State of Oregon from
practicing health care other than acupuncture within the scope of the
license or certification of the individual.

(2) Limit any other licensed or certified health care practitioner
from practicing acupressure or other therapy within the scope of the
license or certification of the individual.

(3) Limit the activities of any person who engages in the business
of providing Oriental massage, exercise and related therapeutic methods
or who provides substances listed in an Oriental pharmacopoeia, or
vitamins or minerals or dietary advice, so long as the activities of the
person are not otherwise prohibited by law.

(4) Limit the ability of practitioners from outside Oregon to
demonstrate the practice of acupuncture as part of a recognized and
limited duration educational program, lecture or event within this state
under rules adopted by the board. [1993 c.378 §5; 2005 c.370 §1]Note: 677.761 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 677. See Preface to Oregon
Revised Statutes for further explanation. Performance of
acupuncture without licensure or after the termination of licensure by
the Board of Medical Examiners for the State of Oregon 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] Every physician or surgeon or other person licensed
as an acupuncturist shall pay to the Board of Medical Examiners for the
State of Oregon nonrefundable fees as determined by the board pursuant to
ORS 677.265. [Formerly 677.263; 1989 c.830 §42; 1993 c.378 §4] (1)
There is established an Acupuncture Advisory Committee consisting of six
members appointed by the Board of Medical Examiners. 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. The Acupuncture Advisory Committee
shall:

(1) Review and make recommendations concerning all applications to
the Board of Medical Examiners 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 Health Certifying Agencies or an
equivalent organization nationally recognized for testing acupuncturists.
[1997 c.527 §2]Note: See note under 677.780.PODIATRY(General Provisions) 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 Board of Medical Examiners for the State of
Oregon.

(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
certified by the Department of Human Services and is under the
supervision of or in collaboration with a physician licensed to practice
medicine by the Board of Medical Examiners for the State of Oregon.
“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]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. (1) No person shall
practice podiatry without first obtaining from the Board of Medical
Examiners 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. 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 certified 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 Board of
Medical Examiners. [1999 c.785 §4]Note: See note under 677.805.

(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 Board of Medical Examiners for the
State of Oregon, 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) 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 Board of Medical
Examiners 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.Any person desiring a license to practice podiatry shall
be examined by the Board of Medical Examiners 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.
(1) Notwithstanding the provisions of ORS 677.825, the Board of Medical
Examiners 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 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 board.

(3) The 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]Note: See note under 677.805. (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 Board of Medical Examiners for the State of Oregon 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. Every podiatric physician and surgeon shall pay to
the Board of Medical Examiners for the State of Oregon 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.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.

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