justicedao/ipfs_state_laws huggingface dataset:
847-050-0060 Physician Associate Student (1) Where applicable, any person who is enrolled as a student in an accredited physician assistant or physician associate education program must comply with OAR 847-050-0005 to 847-050-0065. (2) Notwithstanding any other provisions of these rules, a physician assistant or physician associate student may participate in the diagnosis and treatment of Oregon patients under the following circumstances: (a) The student is enrolled in an accredited physician assistant or physician associate education program as described in OAR 847-050-0020; (b) The student is precepted by an actively practicing, Oregon-licensed health care professional in good standing who is qualified and competent to precept the student’s clinical experience; and (c) Care is delivered within the scope and context of a course, clerkship, preceptorship, or other clinical experience approved by an accredited physician assistant or physician associate education program as described in OAR 847-050-0020. Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 677.265, ORS 677.515 & ORS 677.510 History: OMB 17-2024, amend filed 10/10/2024, effective 10/10/2024 OMB 9-2018, amend filed 07/16/2018, effective 07/16/2018 OMB 7-2012, f. & cert. ef. 2-10-12 OMB 32-2011(Temp), f. 12-15-11, cert. ef. 1-1-12 thru 6-29-12 Temporary Suspended by OBDD 28-2011(Temp), f. & cert. ef. 10-26-11 thru 4-10-12 OMB 21-2011(Temp), f. & cert. ef. 10-13-11 thru 4-10-12 ME 2-1990, f. & cert. ef. 1-29-90 ME 2-1982, f. & ef. 1-28-82 ME 4-1981(Temp), f. & ef. 10-20-81 ME 7-1980, f. & ef. 11-3-80 ME 4-1980(Temp), f. 8-5-80, ef. 8-6-80 ME 5-1979, f. & ef. 11-30-79 ME 1-1979, f. & ef. 1-2-79 ME 25, f. 1-20-72, ef. 2-1-72 ME 23(Temp), f. & ef. 10-12-71
847-050-0070 License Application Withdrawals and Denials (1) An applicant may withdraw an application for licensure prior to review by the Board’s Administrative Affairs Committee. The Board will not report the withdrawal to the Federation of State Medical Boards. The applicant may submit a new application for licensure at any time. (2) An applicant may withdraw an application for licensure up to 30 days after the Board has voted to deny the application on the basis that the applicant is not eligible for licensure for reason(s) other than the applicant’s failure to demonstrate good moral character. The Board will not report the withdrawal to the Federation of State Medical Boards. The applicant may submit a new application for licensure at any time. (3) An applicant may request to withdraw an application for licensure after review by the Administrative Affairs Committee. If the Board grants the request, the withdrawal will be reported to the Federation of State Medical Boards. The applicant may submit a new application for licensure no sooner than two years after the date of withdrawal. (4) An applicant may request to withdraw an application for licensure after review by the Board’s Investigative Committee. If the Board grants the request, the applicant may withdraw their application only through issuance of a Stipulated Order of suspended judgment of license denial. The suspension of judgment is based on the applicant’s withdrawal of their application and agreement not to reapply for licensure for at least two years after issuance of the Stipulated Order. The order will be reported to the Federation of State Medical Boards and the National Practitioner Databank. (5) An applicant whose application has been denied may submit a new application for licensure as stated in the Board’s Order, but no sooner than two years after the date of denial. Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 677.265, ORS 677.100, ORS 677.190, ORS 677.220 & ORS 677.512 History: OMB 4-2024, amend filed 01/08/2024, effective 01/08/2024 OMB 10-2017, adopt filed 10/26/2017, effective 10/26/2017
847-050-0080 Collaborative Practice Model (1) A physician associate may practice medicine: (a) Within the scope of practice of the physician associate , based on the physician associate ’s education, training, and experience; and ( b ) For which the physician associate has obtained informed consent as provided in ORS 677.097, if informed consent is required. (2) A physician associate is responsible for the care provided by the physician associate . (3) A physician associate must engage in collaboration with the appropriate health care provider as indicated by the condition of the patient, the community standards of care, and the physician associate ’s education, experience, and competence. The degree of collaboration must be determined at the physician associate ’s primary location of practice. The determination may include decisions made by: (a) A physician or employer with whom the physician associate has entered into a collaboration agreement, or (b) The group or hospital service and the credentialing and privileging systems of the physician associate ’s primary location of practice. (4) The degree of autonomous judgment that a physician associate may exercise will be determined at the physician associate ’s primary location of practice by the community standards of care and the physician associate ’s education, training, and experience. (5) If a physician associate changes their specialty or emphasis of practice, the physician associate must obtain applicable education, training, or experience required to meet the community standards of care. (6) The physician associate or student must be clearly identified as such when performing duties. The physician associate must at all times when on duty wear a name tag with the designation of "physician associate " or “PA” thereon and clearly identify as a “physician associate ” or “PA” in oral communications with patients and other professionals. (7) Failure to comply with any section of this rule is a violation of ORS 677.510 and is grounds for a $195 fine imposed on the non-compliant licensee. The licensee may be subject to further disciplinary action by the Board. Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 677.265, ORS 677.510 & ORS 677.515 History: OMB 17-2024, amend filed 10/10/2024, effective 10/10/2024 OMB 7-2024, amend filed 01/08/2024, effective 01/08/2024 OMB 16-2022, adopt filed 07/12/2022, effective 07/15/2022
847-065-0005 Licensees with Mental Health Disorder Treated in Hospital Exceeding 25 Consecutive Days A licensee's participation in the Health Professionals’ Services Program (HPSP), to include inpatient evaluations or treatment in a treatment facility that exceeds 25 consecutive days, does not require an automatic suspension of a licensee, if the licensee is in compliance with their HPSP agreement and does not practice medicine, podiatry, or acupuncture during a period of impairment. If the HPSP makes a determination that the licensee has a mental health disorder that affects the ability of the licensee to safely practice, the HPSP will ask the licensee to immediately withdraw from practice. If the licensee declines, the HPSP will immediately report to the Board that the licensee has a mental health disorder that affects the ability of the licensee to safely practice, and with this report provide a copy of the evaluation upon which this determination is based. Statutory/Other Authority: ORS 677.265, 676.190 & 676.200 Statutes/Other Implemented: ORS 677.225 & 676.185 to 676.200 History: OMB 19-2022, amend filed 10/12/2022, effective 10/12/2022 OMB 3-2011, f. & cert. ef. 2-11-11 BME 20-2009, f. & cert. ef. 10-23-09
847-065-0010 Purpose, Intent and Scope The Oregon Medical Board recognizes that substance use disorders and/or mental health disorders are potentially progressive, chronic conditions. The Board believes that physicians, podiatric physicians, physician associates, and acupuncturists who develop these conditions can, with appropriate treatment, be assisted with recovery and safely practice medicine, podiatry, or acupuncture. It is the intent of the Board that a licensee with a substance use disorder and/or mental health disorder may have the opportunity to enter the Health Professionals’ Services Program (HPSP). Participation in the HPSP does not shield a licensee from possible disciplinary action. Statutory/Other Authority: ORS 676.190, 677.265 & 677.200 Statutes/Other Implemented: ORS 676.190, 676.185, 677.200, 676.194 & OL 2025, chapter 499, section 2-3 History: OMB 4-2026, amend filed 01/12/2026, effective 01/12/2026 OMB 17-2024, amend filed 10/10/2024, effective 10/10/2024 OMB 19-2022, amend filed 10/12/2022, effective 10/12/2022 OMB 33-2012, f. & cert. ef. 10-22-12 OMB 17-2012(Temp), f. & cert. ef. 7-31-12 thru 1-15-13 OMB 9-2011, f. & cert. ef. 4-25-11 BME 20-2010, f. & cert. ef. 10-25-10 BME 15-2010(Temp), f. & cert. ef. 8-3-10 thru 1-18-11
847-065-0020 Participation in Health Professionals' Services Program Effective July 1, 2010, the Board must participate in the Health Professionals’ Services Program and may refer eligible licensees to the HPSP in lieu of or in addition to discipline. Only licensees who meet the eligibility criteria may enter into the HPSP. Statutory/Other Authority: ORS 676.190, 677.265 & 676.200 Statutes/Other Implemented: ORS 676.190, 676.185, 676.200 & 676.194 History: OMB 4-2026, amend filed 01/12/2026, effective 01/12/2026 OMB 19-2022, amend filed 10/12/2022, effective 10/12/2022 OMB 33-2012, f. & cert. ef. 10-22-12 OMB 17-2012(Temp), f. & cert. ef. 7-31-12 thru 1-15-13 OMB 9-2011, f. & cert. ef. 4-25-11 BME 20-2010, f. & cert. ef. 10-25-10 BME 15-2010(Temp), f. & cert. ef. 8-3-10 thru 1-18-11
847-065-0025 Eligibility for Participation in Health Professionals Services Program To be eligible to participate in the Health Professionals’ Services Program, a licensee must: (1) Be evaluated by an independent clinical evaluator; (2) Have received a diagnosis of a substance use disorder and/or mental health disorder with the appropriate diagnostic code from the DSM, and treatment recommendations; (3) Provide a written agreement to enter the HPSP and abide by all rules established by the Board; and (4) Enter into a “HPSP Monitoring Agreement” as described in OAR 847-065-0055. Statutory/Other Authority: ORS 676.190, 677.265 & 676.200 Statutes/Other Implemented: ORS 676.190, 676.185, 676.200, 676.194 & OL 2025, chapter 499, sections 2-3 History: OMB 4-2026, amend filed 01/12/2026, effective 01/12/2026 OMB 19-2022, amend filed 10/12/2022, effective 10/12/2022 OMB 38-2013, f. & cert. ef. 10-15-13 OMB 22-2013(Temp), f. 8-2-13, cert. ef. 8-3-13 thru 1-30-14 OMB 33-2012, f. & cert. ef. 10-22-12 OMB 17-2012(Temp), f. & cert. ef. 7-31-12 thru 1-15-13 OMB 9-2011, f. & cert. ef. 4-25-11 BME 20-2010, f. & cert. ef. 10-25-10 BME 15-2010(Temp), f. & cert. ef. 8-3-10 thru 1-18-11
847-065-0030 Procedure for Board-Referred Licensees (1) When the Board receives information involving a licensee who may have a substance use and/or a mental health disorder, the Board staff will investigate and complete a report to be presented at a Board meeting. (2) If the licensee meets eligibility criteria and the Board approves entry into the HPSP, the Board will provide a written referral. The referral must include: (a) A copy of the report from the independent clinical evaluator who diagnosed the licensee; (b) The treatment recommendations developed by the independent clinical evaluator; (c) A statement that the Board has investigated the licensee’s professional practice and conduct; (d) A description of any restrictions or requirements imposed by the Board or recommended by the Board on the licensee’s professional practice; (e) The licensee’s written agreement to enter the HPSP and to abide by all rules established by the Board and all terms and conditions established by the contractor; and (f) A statement that the licensee has agreed to report: (A) Any arrest for or conviction of a misdemeanor or felony crime to the Board within three business days after the licensee is arrested or convicted. (B) Any citation for the use or possession of any DEA scheduled substances, including but not limited to citations for Class E violations, to the contractor within three business days of the citation. (3) The Executive Director or Medical Director has the authority to approve a licensee’s entry into the HPSP. Statutory/Other Authority: ORS 676.190, 677.265 & 676.200 Statutes/Other Implemented: ORS 676.190, 676.185, 676.200, 676.194 & OL 2025, chapter 499, sections 2-3 History: OMB 4-2026, amend filed 01/12/2026, effective 01/12/2026 OMB 19-2022, amend filed 10/12/2022, effective 10/12/2022 OMB 33-2012, f. & cert. ef. 10-22-12 OMB 17-2012(Temp), f. & cert. ef. 7-31-12 thru 1-15-13 OMB 9-2011, f. & cert. ef. 4-25-11 BME 20-2010, f. & cert. ef. 10-25-10 BME 15-2010(Temp), f. & cert. ef. 8-3-10 thru 1-18-11
847-065-0035 Procedure for Self-Referred Licensees Board licensees may self-refer to the HPSP. (1) Provisional Enrollment: To be provisionally enrolled in the program, a self-referred licensee must: (a) Sign a written consent allowing disclosure and exchange of information among the contractor, the contractor's investigator, the licensee’s employer, independent clinical evaluators and treatment providers; (b) Sign a written consent allowing disclosure and exchange of information among the contractor, the Board, the licensee’s employer, independent clinical evaluators and treatment providers in the event the contractor determines the licensee to be in substantial non-compliance with their monitoring agreement as defined in OAR 847-065-0065; (c) Attest that the licensee is not, to the best of the licensee’s knowledge, under investigation by the Board; and (d) Agree to and sign a provisional enrollment agreement, which includes a statement that the licensee agrees to report to the contractor: (A) Any arrest for or conviction of a misdemeanor or felony crime to the Board within three business days after the licensee is arrested or convicted. (B) Any citation for the use or possession of any DEA scheduled substances, including but not limited to citations for Class E violations, within three business days of the citation. (2) Final Enrollment: To move from provisional enrollment to final enrollment in the program, a self-referred licensee must: (a) Obtain at the licensee’s own expense and provide to the contractor, an independent clinical evaluator’s written evaluation containing a DSM diagnosis and diagnostic code and treatment recommendations; (b) Agree to cooperate with the contractor’s investigation to determine whether the licensee’s practice while impaired, as defined in OAR 847-010-0073, presents or has presented a danger to the public; (c) Enter into a monitoring agreement; and (d) Meet all eligibility requirements to participate in the HPSP. (3) Once a self-referred licensee seeks enrollment in the HPSP, failure to successfully complete final enrollment, as outlined in section (2) of this rule, may constitute substantial non-compliance and may be reported to the Board. Statutory/Other Authority: ORS 676.190, 677.265 & 676.200 Statutes/Other Implemented: ORS 676.190, 676.185, 676.200, 676.194 & OL 2025, chapter 499, sections 2-3 History: OMB 4-2026, amend filed 01/12/2026, effective 01/12/2026 OMB 19-2022, amend filed 10/12/2022, effective 10/12/2022 OMB 38-2013, f. & cert. ef. 10-15-13 OMB 22-2013(Temp), f. 8-2-13, cert. ef. 8-3-13 thru 1-30-14 OMB 33-2012, f. & cert. ef. 10-22-12 OMB 17-2012(Temp), f. & cert. ef. 7-31-12 thru 1-15-13 OMB 9-2011, f. & cert. ef. 4-25-11 BME 20-2010, f. & cert. ef. 10-25-10 BME 15-2010(Temp), f. & cert. ef. 8-3-10 thru 1-18-11
847-065-0040 Disqualification Criteria Licensees, either Board-referred or self-referred, may be disqualified from entering or participating in the HPSP for factors including, but not limited to: (1) Licensee’s disciplinary history; (2) Severity and duration of the licensee’s impairment; (3) Licensee’s practice cannot reasonably be limited or managed to eliminate danger to the public; (4) If licensee’s impairment cannot be adequately managed with treatment and monitoring; (5) Evidence of criminal history that involves injury or endangerment to others; (6) Evidence of sexual misconduct; (7) Evidence of non-compliance with a monitoring program from another state; (8) Pending investigations with the Board or boards from other states; (9) Previous Board investigations with findings of substantiated abuse or dependence; and (10) Prior enrollment in, but failure to successfully complete, the Oregon Medical Board Health Professionals Program or HPSP. Statutory/Other Authority: ORS 676.190, 677.265 & 676.200 Statutes/Other Implemented: ORS 676.190, 676.185, 676.200, 676.194 & OL 2025, chapter 499, sections 2-3 History: OMB 4-2026, amend filed 01/12/2026, effective 01/12/2026 OMB 19-2022, amend filed 10/12/2022, effective 10/12/2022 OMB 33-2012, f. & cert. ef. 10-22-12 OMB 17-2012(Temp), f. & cert. ef. 7-31-12 thru 1-15-13 OMB 9-2011, f. & cert. ef. 4-25-11 BME 20-2010, f. & cert. ef. 10-25-10 BME 15-2010(Temp), f. & cert. ef. 8-3-10 thru 1-18-11
847-065-0045 Approval of Independent Clinical Evaluators (1) To be approved by the Board as an independent clinical evaluator, an evaluator must be: (a) Licensed as required by the jurisdiction in which the evaluator works; (b) Able to provide a comprehensive assessment of and written report describing a licensee’s diagnosis, degree of impairment, and treatment recommendations; and (c) Able to facilitate toxicology testing of the licensee at intake. (2) The Board reserves the right to not approve an independent clinical evaluator for any reason. (3) The Board or contractor will not accept an evaluator as independent in a particular case if, in the Board’s or contractor’s judgment, the evaluator’s judgment is likely to be influenced by a personal or professional relationship with a licensee. Statutory/Other Authority: ORS 676.190, 677.265 & 676.200 Statutes/Other Implemented: ORS 676.190, 676.185, 676.200, 676.194 & OL 2025, chapter 499, sections 2-3 History: OMB 4-2026, amend filed 01/12/2026, effective 01/12/2026 OMB 19-2022, amend filed 10/12/2022, effective 10/12/2022 OMB 33-2012, f. & cert. ef. 10-22-12 OMB 17-2012(Temp), f. & cert. ef. 7-31-12 thru 1-15-13 OMB 9-2011, f. & cert. ef. 4-25-11 BME 20-2010, f. & cert. ef. 10-25-10 BME 15-2010(Temp), f. & cert. ef. 8-3-10 thru 1-18-11
847-065-0050 Approval of Treatment Providers (1) To be approved by the Board as a treatment provider, a provider must be: (a) Licensed as required by the jurisdiction in which the provider works; (b) Able to provide appropriate treatment considering the licensee’s diagnosis, degree of impairment, and treatment recommendations proposed by the independent clinical evaluator; and (c) Able to facilitate toxicology testing of the licensee at intake. (2) A treatment provider may not have a personal or professional relationship with a licensee. (3) The Board will maintain a list of treatment providers available to licensees upon request. Statutory/Other Authority: ORS 676.190, 677.265 & 676.200 Statutes/Other Implemented: ORS 676.190, 676.185, 676.200, 676.194 & OL 2025, chapter 499, sections 2-3 History: OMB 4-2026, amend filed 01/12/2026, effective 01/12/2026 OMB 19-2022, amend filed 10/12/2022, effective 10/12/2022 OMB 33-2012, f. & cert. ef. 10-22-12 OMB 17-2012(Temp), f. & cert. ef. 7-31-12 thru 1-15-13 OMB 9-2011, f. & cert. ef. 4-25-11 BME 20-2010, f. & cert. ef. 10-25-10 BME 15-2010(Temp), f. & cert. ef. 8-3-10 thru 1-18-11
847-065-0055 Monitoring Agreement To participate in the Health Professionals’ Services Program, a licensee must enter into a written monitoring agreement with the HPSP which requires the licensee to: (1) Consent to disclosure and exchange of information between the HPSP, the board, and the licensee’s employer, evaluators and treatment entities in compliance with ORS 179.505 and 42 C.F.R. part 2; (2) Comply continuously with the agreement, including any restrictions on their practice, for two years or longer as described in OAR 847-065-0060, as specified in the monitoring agreement or addenda to the monitoring agreement; (3) Participate in a treatment plan and all required activities in the treatment plan as approved by a clinical evaluator or treatment provider; (4) Abstain from mind-altering or intoxicating substances or potentially addictive drugs prohibited by the contractor, unless the drug is prescribed for a documented medical condition by a person authorized by law to prescribe the drug to the licensee; (5) Report use of mind-altering or intoxicating substances or potentially addictive drugs within 24 hours to contractor; (6) Submit to random drug or alcohol testing as outlined in the monitoring agreement; (7) Limit practice as required by the contractor or the Board; (8) Designate a workplace monitor; (9) Participate in a follow-up evaluation, when necessary, of the licensee’s fitness to practice; (10) Report at least weekly to the contractor regarding the licensee’s compliance with the monitoring agreement; (11) Report applications for licensure in other states, changes in employment and changes in practice setting to the contractor; (12) Report any arrest for or conviction of a misdemeanor or felony crime to the contractor within three business days after the licensee is arrested or convicted of the crime; (13) Report to the contractor any citation for the use or possession of any DEA scheduled substances, including but not limited to citations for Class E violations, within three business days of the citation; (14) Report to the contractor any investigations or disciplinary action by any state, or state or federal agency, including Oregon; (15) Agree to be responsible for the cost of evaluations, toxicology testing, treatment, monitoring groups, and periodic monitoring consultations; and (16) Maintain a license status and report any changes in license status. Statutory/Other Authority: ORS 676.190, 677.265 & 676.200 Statutes/Other Implemented: ORS 676.190, 676.185, 676.200, 676.194 & OL 2025, chapter 499, sections 2-3 History: OMB 4-2026, amend filed 01/12/2026, effective 01/12/2026 OMB 19-2022, amend filed 10/12/2022, effective 10/12/2022 OMB 8-2021, amend filed 10/13/2021, effective 10/13/2021 OMB 38-2013, f. & cert. ef. 10-15-13 OMB 22-2013(Temp), f. 8-2-13, cert. ef. 8-3-13 thru 1-30-14 OMB 33-2012, f. & cert. ef. 10-22-12 OMB 17-2012(Temp), f. & cert. ef. 7-31-12 thru 1-15-13 OMB 9-2011, f. & cert. ef. 4-25-11 BME 20-2010, f. & cert. ef. 10-25-10 BME 15-2010(Temp), f. & cert. ef. 8-3-10 thru 1-18-11