justicedao/ipfs_state_laws huggingface dataset:
847-017-0040 Facility Administration and Equipment The licensee must ensure that specific and current arrangements are in place for obtaining laboratory, radiological, pathological and other ancillary services as may be required to support the surgical and/or anesthetic procedures undertaken. Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 677.085, 677.097 & 677.265 History: OMB 33-2013, f. & cert. ef. 10-15-13 BME 23-2006, f. & cert. ef. 10-23-06
847-020-0100 Definitions For the purpose of OAR chapter 847, division 020, the following terms are defined: (1) “Approved school of medicine” means a school offering a full-time resident program of study in medicine or osteopathic medicine leading to a degree of Doctor of Medicine or Doctor of Osteopathic Medicine, 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 the Committee on Accreditation of Canadian Medical Schools, or its successor agency, or has otherwise been determined by the Board to meet the association standards. (2) “School of medicine” means approved schools of medicine (as defined above) and international medical and osteopathic schools. (3) “Specialty board” means a certification board recognized by the American Board of Medical Specialties (ABMS) or the American Osteopathic Association’s Bureau of Osteopathic Specialties (AOA-BOS). Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 677.010 & ORS 677.265 History: OMB 2-2026, amend filed 01/09/2026, effective 01/09/2026 OMB 5-2018, amend filed 01/05/2018, effective 01/05/2018 OMB 9-2013, f. & cert. ef. 4-5-13 BME 6-2010, f. & cert. ef. 4-26-10 BME 9-2001, f. & cert. ef. 7-24-01
847-020-0110 Application for Licensure (1) Any person who wishes to practice medicine in this state beyond the first post-graduate training year must apply for an Oregon license to practice medicine. (2) When applying for licensure, the applicant must submit to the Board the completed application, fees, documents, letters, and any civil penalties or hearing costs that may be due. (3) A person applying for licensure under these rules who has not completed the licensure process within a 12 month consecutive period must file a new application, documents, letters and pay a full filing fee as if filing for the first time. (4) The applicant may be required to appear before the Board for a personal interview regarding information received during the processing of the application. Unless excused in advance, failure to appear before the Board for a personal interview violates ORS 677.190(17) and may subject the applicant to disciplinary action. Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 677.100 & 677.190 History: OMB 9-2024, amend filed 04/09/2024, effective 04/09/2024 OMB 4-2014, f. & cert. ef. 1-14-14 OMB 9-2013, f. & cert. ef. 4-5-13 BME 4-2007, f. & cert. ef. 1-24-07 BME 9-2001, f. & cert. ef. 7-24-01
847-020-0120 Basic Requirements for Licensure of an Approved Medical School Graduate The following requirements for licensure must be met by graduates of an approved school of medicine: (1) Must have graduated from an approved school of medicine as defined in OAR 847-020-0100 offering a full-time resident program of study in medicine or osteopathic medicine leading to a degree of Doctor of Medicine or Doctor of Osteopathic Medicine; (2) Must satisfactorily complete an approved internship, residency or fellowship in the United States or Canada of at least one year in not more than one training program accredited for internship, residency or fellowship training by the Accreditation Council for Graduate Medical Education, the American Osteopathic Association, the College of Family Physicians of Canada, or the Royal College of Physicians and Surgeons of Canada; (3) Must pass a written licensing examination as provided in ORS 677.110 and OAR 847-020-0170; and (4) Must satisfactorily meet the requirements of ORS 677.100. Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 677.100 & ORS 677.110 History: OMB 2-2026, amend filed 01/09/2026, effective 01/09/2026 OMB 5-2018, amend filed 01/05/2018, effective 01/05/2018 OMB 9-2013, f. & cert. ef. 4-5-13 BME 9-2001, f. & cert. ef. 7-24-01
847-020-0140 Limited License, Medical Faculty Qualifications (1) Any physician who does not qualify for a medical license under any of the provisions of this chapter and who is offered by the Dean of an approved medical school in this state a full-time faculty position may, after application to and approval by the Board, be granted a Limited License, Medical Faculty to engage in the practice of medicine only to the extent that such practice is incident to and a necessary part of the applicant's duties as approved by the Board in connection with such faculty position. (2) To qualify for a Limited License, Medical Faculty an applicant must meet all the following requirements: (a) Furnish documentary evidence satisfactory to the Board that the applicant is a United States citizen or is legally admitted to the United States. (b) Furnish documentary evidence satisfactory to the Board that the applicant has been licensed to practice and has practiced medicine and surgery for not less than four years in another state or country whose requirements for licensure are satisfactory to the Board, or has been engaged in the practice of medicine in the United States for at least four years in approved hospitals, or has completed a combination of such licensed practice and training. (c) The dean of the medical school must certify in writing to the Board that the applicant has been appointed to a full-time faculty position; that a position is available; and that because the applicant has unique expertise in a specific field of medicine, the medical school considers the applicant to be a valuable member of the faculty. (d) The head of the department in which the applicant is to be appointed must certify in writing to the Board that the applicant will be under the direction of the head of the department and will not be permitted to practice medicine unless as a necessary part of the applicant's duties as approved by the Board in subsection (1)(a) of this rule. (e) The applicant may be required to take and pass an examination by the Board. (3) A Limited License, Medical Faculty is valid for one year after issuance and may be renewed as frequently as needed for a total period not to exceed four years. The four years must be consecutive. (4) Having completed four years of practice under a Limited License, Medical Faculty and successfully passed one of the examinations or combination of examinations per OAR 847-020-0170, the applicant is eligible for licensure. Statutory/Other Authority: ORS 677.132 & 677.265 Statutes/Other Implemented: ORS 677.100, 677.110, 677.132 & 677.265 History: OMB 23-2013, f. & cert. ef. 10-1-13 OMB 9-2013, f. & cert. ef. 4-5-13 BME 23-2008, f. & cert. ef. 10-31-08 BME 18-2008, f. & cert. ef. 7-21-08 BME 4-2007, f. & cert. ef. 1-24-07 BME 3-2006, f. & cert. ef. 2-8-06 BME 5-2002, f. & cert. ef. 4-23-02 BME 2-2002, f. & cert. ef. 1-28-02 BME 9-2001, f. & cert. ef. 7-24-01
847-020-0150 Documents and Forms to be Submitted for Licensure The documents submitted must be legible and no larger than 8 1/2” x 11”. All documents and photographs will be retained by the Board as a permanent part of the application file. If original documents are larger than 8 1/2” x 11”, the copies must be reduced to the correct size with all wording and signatures clearly shown. Official translations are required for documents issued in a foreign language. The following documents are required: (1) Application: Completed formal application provided by the Board. Required dates must include month, day and year. (2) Birth Certificate: A copy of birth certificate. (3) Medical School Diploma: A copy of a diploma showing graduation from an approved school of medicine or an international school of medicine. (4) American Specialty Board Certificate or Recertification Certificate: A copy of the certificate issued by the American Specialty Board in the applicant's specialty, if applicable. (5) Photograph: A close-up, color, passport quality photograph, front view, head and shoulders (not profile), with features distinct, taken within 90 days preceding the filing of the application. (6) The results of a Practitioner Self-Query from the National Practitioner Data Bank, if requested by the Board. (7) The results of a Physician Data Center Query from the Federation of State Medical Boards, if requested by the Board. (8) Legible fingerprints as described in 847-008-0068 for the purpose of a criminal records background check. (9) An open-book examination on the Medical Practice Act (ORS chapter 677) and Oregon Administrative Rules chapter 847. If an applicant fails the examination three times, the applicant must attend an informal meeting with a Board member, the Executive Director, a Board investigator and/or the Medical Director of the Board to discuss the applicant’s failure of the examination, before being given a fourth and final attempt to pass the examination. If the applicant does not pass the examination on the fourth attempt, the applicant may be denied licensure. (10) Any other documentation or explanatory statements as required by the Board. Statutory/Other Authority: ORS 181A.195, 677.100 & 677.265 Statutes/Other Implemented: ORS 181A.195, 677.100 & 677.265 History: OMB 14-2023, amend filed 10/09/2023, effective 10/09/2023 OMB 14-2016, f. & cert. ef. 10-7-16 OMB 34-2013, f. & cert. ef. 10-15-13 OMB 9-2013, f. & cert. ef. 4-5-13 BME 6-2010, f. & cert. ef. 4-26-10 BME 20-2007, f. & cert. ef. 10-24-07 BME 15-2007, f. & cert. ef. 7-23-07 BME 3-2006, f. & cert. ef. 2-8-06 BME 9-2001, f. & cert. ef. 7-24-01
847-020-0165 Application for Licensure by Military Spouse or Domestic Partner (1) “Military spouse or domestic partner” means a spouse or domestic partner of an active member of the Armed Forces of the United States who is the subject of a military transfer to Oregon. (2) To qualify for licensure under this rule, the military spouse or domestic partner must: (a) Meet the qualifications for licensure as stated in OAR 847-020-0120, 847-020-0130, and 847-020-0170; (b) Be married to, or in a domestic partnership with, a member of the Armed Forces of the United States who is assigned to a duty station located in Oregon by official active duty military order; (c) Be licensed to practice medicine in another state or territory of the United States; (d) Be in good standing, with no restrictions or limitations upon, actions taken against, or investigation or disciplinary action pending against his or her license in any jurisdiction where the applicant is or has been licensed; and (e) Demonstrate competency by having at least one year of active practice or teaching of medicine during the three years immediately preceding the application. (3) If a military spouse or domestic partner applies for a license to practice medicine, the Board may accept: (a) A copy of the medical school diploma to fulfill the requirement for a Dean’s Letter of Recommendation and the Verification of Medical Education form; and (b) Verification of licensure in good standing from the jurisdiction of current or most recent practice of medicine to fulfill the requirement of verifications of licensure from all jurisdictions of prior and current health related licensure. (4) If a military spouse or domestic partner applies for a license to practice medicine, the Board will obtain the following on behalf of the applicant: (a) The results of a query of the National Practitioner Data Bank; and (b) The results of a query of the Federation of State Medical Boards’ Board Action Data Bank. (5) In addition to the documents required in section (3) of this rule and by OAR 847-020-0150 and 847-020-0160, the military spouse or domestic partner must submit a copy of the: (a) Marriage certificate or domestic partnership registration with the name of the applicant and the name of the active duty member of the Armed Forces of the United States; and (b) Assignment to a duty station located in Oregon by official active duty military order for the spouse or domestic partner named in the marriage certificate or domestic partnership registration. (6) A military spouse or domestic partner may obtain a temporary authorization for a license to practice medicine after satisfying sections (2) through (5) of this rule. Statutory/Other Authority: ORS 677.265, Oregon Laws 2019, chapter 142 (HB 3030) & Oregon Laws 2019, chapter 626 (SB 688) Statutes/Other Implemented: ORS 677.265, ORS 677.010, ORS 677.100, ORS 676.308, Oregon Laws 2019, chapter 142 (HB 3030) & Oregon Laws 2019, chapter 626 (SB 688) History: OMB 3-2020, amend filed 01/16/2020, effective 01/16/2020 OMB 35-2013, f. & cert. ef. 10-15-13 OMB 21-2013(Temp), f. 8-2-13, cert. ef. 8-3-13 thru 1-30-14
847-020-0182 SPEX or COMVEX Requirements (1) If an applicant for licensure or reactivation has not completed postgraduate training within the past 10 years or been certified or recertified by a specialty board within the past 10 years, the applicant may be required to demonstrate clinical competency by passing the Special Purpose Examination (SPEX) or Comprehensive Osteopathic Medical Variable-Purpose Examination (COMVEX). (2) The SPEX/COMVEX requirement may be waived if the applicant has done one or more of the following: (a) Received a current appointment as Professor or Associate Professor at the Oregon Health and Science University or the Western University of Health Sciences College of Osteopathic Medicine of the Pacific; (b) Completed at least 50 hours of Board-approved continuing medical education each year for the past three years; or (c) Can demonstrate ongoing participation in maintenance of certification with a specialty board as defined in 847-020-0100. (3) The applicant who fails the SPEX or COMVEX three times, whether in Oregon or other states, must successfully complete one year of an accredited residency or an accredited or Board-approved clinical fellowship before retaking the SPEX or COMVEX. (4) The applicant may be granted a Limited License, SPEX/COMVEX according to 847-010-0064. (5) All rules, regulations and statutory requirements pertaining to the medical school graduate remain in full effect. Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 677.100, 677.132, 677.190 & 677.265 History: OMB 13-2014, f. & cert. ef. 10-8-14 OMB 9-2013, f. & cert. ef. 4-5-13 OMB 25-2012, f. & cert. ef. 8-3-12
847-020-0185 License Application Withdrawals (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. Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 677.220, ORS 677.265, ORS 677.100 & ORS 677.190 History: OMB 4-2024, amend filed 01/08/2024, effective 01/08/2024 OMB 13-2023, temporary amend filed 07/11/2023, effective 07/11/2023 through 01/06/2024 OMB 10-2017, amend filed 10/26/2017, effective 10/26/2017 OMB 34-2013, f. & cert. ef. 10-15-13 BME 11-2006, f. & cert. ef. 5-8-06
847-020-0190 Denial of Licensure (1) An applicant may not be entitled to a license who: (a) Has failed to pass a medical licensure examination for licensure in the State of Oregon; (b) Has had a license revoked or suspended in this or any other state or country unless the said license has been restored or reinstated and the applicant's license is in good standing in the state or country which had revoked the same; (c) Has been refused a license or certificate in any other state or country on any grounds other than failure in a medical licensure examination; (d) Has been guilty of conduct similar to that which would be prohibited by or to which ORS 677.190 would apply; or (e) Has been guilty of cheating or subverting the medical licensing examination process. Medical licensing examination means any examination given by the Board to an applicant for registration, certification or licensure under this act. Evidence of cheating or subverting includes, but is not limited to: (A) Copying answers from another examinee or permitting one's answers to be copied by another examinee during the examination; (B) Having in one's possession during the examination any books, notes, written or printed materials or data of any kind, other than examination materials distributed by board staff, which could facilitate the applicant in completing the examination; (C) Communicating with any other examinee during the administration of the examination; (D) Removing from the examining room any examination materials; (E) Photographing or otherwise reproducing examination materials. (2) 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 677.190, ORS 677.100 & ORS 677.220 History: OMB 4-2024, amend filed 01/08/2024, effective 01/08/2024 OMB 10-2017, amend filed 10/26/2017, effective 10/26/2017 OMB 9-2013, f. & cert. ef. 4-5-13 BME 11-2003, f. & cert. ef. 7-15-03 BME 9-2001, f. & cert. ef. 7-24-01
847-020-0200 Required School Subjects Subjects covered in schools of medicine that grant degrees of Doctor of Medicine or Doctor of Osteopathic Medicine as set forth in ORS 677.110 are basic sciences, clinical sciences, clinical competence and/or other subjects that may be specified by the Board. Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 677.110 History: OMB 5-2018, amend filed 01/05/2018, effective 01/05/2018 BME 9-2001, f. & cert. ef. 7-24-01
847-025-0000 Preamble (1) A telemedicine licensee is subject to all the provisions of the Medical Practice Act (ORS Chapter 677), and to all the administrative rules of the Oregon Medical Board. (2) A telemedicine licensee has the same duties and responsibilities and is subject to the same penalties and sanctions as any other physician or physician associate licensed under ORS Chapter 677, including but not limited to the following: (a) The telemedicine licensee must establish an appropriate provider-patient relationship; (b) The telemedicine licensee must make a judgment based on some type of objective criteria upon which to diagnose, treat, correct, or prescribe; (c) The telemedicine licensee must engage in all necessary practices that are in the best interest of the patient; and (d) The telemedicine licensee must provide for an acceptable continuity of care for patients, including follow-up care, information, and documentation of care provided to the patient or suitably identified care providers of the patient. Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 677.135, 677.137, 677.139 & 677.141 History: OMB 17-2024, amend filed 10/10/2024, effective 10/10/2024 OMB 20-2022, amend filed 10/12/2022, effective 10/12/2022 OMB 4-2022, amend filed 01/11/2022, effective 01/15/2022 BME 24-2008, f. & cert. ef. 10-31-08 BME 14-2008(Temp), f. & cert. ef. 7-15-08 thru 1-9-09 BME 10-2000, f. & cert. ef. 7-27-00
847-025-0010 Definitions For the purpose of OAR chapter 847, division 025: (1) “Applicant” means an out-of-state physician, physician assistant, or physician associate applying for a license to practice medicine across state lines. (2) “Telemedicine licensee” means an out-of-state physician, physician assistant, or physician associate granted a license to practice medicine across state lines under ORS 677.135 through 677.141. (3) “The practice of medicine across state lines” means: (a) The rendering directly to a person of a written or otherwise documented medical opinion concerning the diagnosis or treatment of that person located within Oregon for the purpose of patient care by a physician, physician assistant, or physician associate located outside Oregon as a result of the transmission of individual patient data by telemedicine as defined in Oregon Laws 2022, chapter 45, section 14, from within Oregon to that physician, the physician’s agent, physician assistant, or physician associate outside Oregon; or (b) The rendering of medical treatment directly to a person located within Oregon by a physician, physician assistant, or physician associate located outside Oregon as a result of the outward transmission of individual patient data by telemedicine as defined in Oregon Laws 2022, chapter 45, section 14, from within this state to that physician, the physician’s agent, a physician assistant, or physician associate outside the state. Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 677.135, 677.137, 677.139, 677.141 & Oregon Laws 2022, chapter 45, section 14 (HB 4034) History: OMB 17-2024, amend filed 10/10/2024, effective 10/10/2024 OMB 20-2022, amend filed 10/12/2022, effective 10/12/2022 OMB 4-2022, amend filed 01/11/2022, effective 01/15/2022 BME 10-2000, f. & cert. ef. 7-27-00
847-025-0020 Exemptions (1) A license to practice across state lines is not required of a physician, physician assistant, or physician associate: (a) Engaging in the practice of medicine across state lines in an emergency; or (b) Located outside this state who consults with another physician or physician associate licensed to practice medicine in this state, and who does not undertake the primary responsibility for diagnosing or rendering treatment to a patient in Oregon; (c) Located outside the state and who has an established provider-patient relationship with a patient who is in Oregon temporarily for the purpose of business, education, vacation, or work and who requires the direct medical treatment by that physician, physician assistant, or physician associate. (d) Located outside the state and who has an established provider-patient relationship with a patient located in Oregon who requires temporary or intermittent follow-up care. (2) A physician, physician assistant, or physician associate who is located outside this state and practices medicine as described in section (1) of this rule is subject to ORS chapter 677 and rules adopted pursuant to ORS chapter 677, including but not limited to the disciplinary authority of the Board, while or as a result of practicing medicine as described in section (1) of this rule. Statutory/Other Authority: ORS 677.265 & 677.137 Statutes/Other Implemented: ORS 677.135, 677.137, 677.139 & 677.141 History: OMB 17-2024, amend filed 10/10/2024, effective 10/10/2024 OMB 6-2024, amend filed 01/08/2024, effective 01/08/2024 OMB 20-2022, amend filed 10/12/2022, effective 10/12/2022 OMB 4-2022, amend filed 01/11/2022, effective 01/15/2022 BME 10-2000, f. & cert. ef. 7-27-00