justicedao/ipfs_state_laws huggingface dataset:
847-071-0035 Registration (1) Upon Board approval of an application, the Board will issue a registration and post the five-needle protocol (5NP) technician’s name, registration, and other applicable information on the Board’s website. (2) A 5NP technician must hold an active registration to provide 5NP treatments. (3) Registration expires December 31 of odd-numbered years and may be renewed biennially by: (a) Submitting a Board-required renewal application; (b) Paying the registration fee outlined in OAR 847-005-0005; (c) Completing at least one hour of courses per registration period related to 5NP treatment or pain management; and (d) Completing at least one hour per year of cultural competency courses or experiences that apply linguistic skills, use cultural information for therapeutic relationships, or elicit understanding and apply cultural and ethnic data in the process of clinical care, as provided in OAR 950-040-0020 or approved by the Oregon Health Authority under ORS 413.450. (4) Upon failure to renew under section (3) of this rule, the registration will lapse. (a) A 5NP technician may not provide treatments under a lapsed registration. (b) Lapse of a registration is not discipline. (c) A lapsed registration must be renewed within 90 days, or the registration will expire. (5) A 5NP technician must keep a current mailing address on file with the Board. (6) A 5NP technician who voluntarily chooses to not provide 5NP treatments in Oregon must be listed as expired. (7) A 5NP technician with an expired registration must reapply by submitting a new application, documentation, and fees as outlined in OAR 847-005-0005. (8) Failure to comply with laws and rules related to 5NP technicians may result in loss of registration. Statutory/Other Authority: ORS 677.265, ORS 676.850 & OL 2025, chapter 296, section 2 (HB 2143) Statutes/Other Implemented: ORS 676.850 & OL 2025, chapter 296, section 2 (HB 2143) History: OMB 1-2026, adopt filed 01/09/2026, effective 03/01/2026
847-071-0040 Five-Needle Protocol Regulations (1) Five-needle protocol (5NP) treatment must be practiced in accordance with Board rules and Oregon Laws 2025, chapter 296, section 2, including only: (a) To provide temporary relief from the symptoms of substance use disorder, mental health conditions, or trauma; and (b) Utilizing five ear points: shen men, sympathetic, liver, kidney, and lung points. (2) A 5NP technician may not use the title “acupuncturist” or advertise or hold themselves out as being an acupuncturist or otherwise indicate they are authorized to practice acupuncture as defined in ORS 677.757. (3) A 5NP technician must obtain written consent from the individual or the individual’s representative prior to providing treatment by: (a) Clearly explaining the 5NP treatment, including needle placement, duration, and expected sensations; (b) Discussing potential risks and realistic treatment outcomes; (c) Respecting the individual’s right to decline treatment or withdraw consent at any time; and (d) Having the individual self-identify the reason(s) for the 5NP treatment and date of treatment. (4) Written consent for a 5NP treatment must be retained for at least three years from date of treatment and provided to the individual or the individual’s representative upon their request. (5) For the individual and 5NP technician safety, a 5NP technician must: (a) Use only sterile, single-use disposable needles, ear seeds, or ear beads; (b) Adhere to sanitation and hygiene protocols; (c) Meet community standards of care; and (d) Establish clear procedures for handling complications or adverse reactions. (6) A 5NP technician must set and maintain professional boundaries with all individuals receiving 5NP treatments and protect the individuals’ privacy and dignity. Statutory/Other Authority: ORS 677.265 & OL 2025, chapter 296, section 2 (HB 2143) Statutes/Other Implemented: ORS 192.556 & OL 2025, chapter 296, section 2 (HB 2143) History: OMB 1-2026, adopt filed 01/09/2026, effective 03/01/2026
847-071-0050 Disciplinary Proceedings (1) The Board may suspend or revoke the registration of a five-needle protocol (5NP) technician if the Board finds that the technician: (a) Represented themself or allowed another person to represent them as a physician, acupuncturist, or other health care provider, unless the 5NP technician holds the appropriate license. (b) Performed any act other than 5NP which constitutes the practice of acupuncture in violation of ORS 677.759 or Oregon Laws 2025, chapter 296. (c) Engaged in conduct constituting gross or repeated negligence in providing 5NP treatments. (d) Is incompetent to provide 5NP treatments. (e) Violated any of the provisions of ORS 677.190 or OAR 847-071-0040. (2) Any Board investigation or disciplinary proceeding must be held in accordance with ORS Chapter 183, ORS 676.150 to 676.180, and ORS 677.184 to 677.228. Statutory/Other Authority: ORS 677.265 & OL 2025, chapter 296, section 2 (HB 2143) Statutes/Other Implemented: OL 2025, chapter 296, section 2 (HB 2143) History: OMB 1-2026, adopt filed 01/09/2026, effective 03/01/2026
847-080-0001 Definitions (1) "Ankle" means the tibial plafond and its posterolateral border or posterior malleolus, the medial malleolus, the distal fibula or lateral malleolus, and the talus. (2) "Board" means the Oregon Medical Board of the State of Oregon. (3) "Podiatric physician and surgeon" has the meaning given in ORS 677.010, a physician licensed under ORS 677.805 to 677.840 to practice podiatry. (4) “Podiatry” has the meaning given in ORS 677.010: (a) 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, and treatment involving the use of a general or spinal anesthetic if that treatment is performed in a hospital licensed under ORS 441.025 or in an ambulatory surgical center licensed by the Oregon Health Authority and is under the supervision of or in collaboration with a podiatric physician and surgeon; (b) Assisting in the performance of surgery, as provided in ORS 677.814; and (c) The treatment of skin, skin-related structures and subcutaneous masses, and wounds involving skin, skin-related structures and subcutaneous masses, on the human leg no further proximal than the tibial tubercle. Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 677.805 History: OMB 8-2024, amend filed 01/08/2024, effective 01/08/2024 BME 22-2007, f. & cert. ef. 10-24-07 BME 8-2007, f. & cert. ef. 1-24-07 BME 11-2000, f. & cert. ef. 7-27-00 ME 6-1986, f. & ef. 4-23-86
847-080-0002 Application for Licensure (1) 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. (2) 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. (3) 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, 677.265, 677.810 & 677.840 History: OMB 9-2024, amend filed 04/09/2024, effective 04/09/2024 OMB 9-2014, f. & cert. ef. 1-14-14 OMB 20-2013, f. & cert. ef. 7-12-13 BME 8-2007, f. & cert. ef. 1-24-07 ME 3-1990, f. & cert. ef. 1-29-90 ME 6-1986, f. & ef. 4-23-86
847-080-0010 Requirements for Licensure The applicant for licensure must have: (1) Graduated from a school or college of podiatric medicine accredited by the Council on Podiatric Medical Education (CPME) of the American Podiatric Medical Association. (2) Successfully passed a licensing examination as provided in OAR 847-080-0018. (3) Fulfilled one of the following: (a) Satisfactory completion of one year of post-graduate training served in a hospital that is approved by the CPME, or (b) Satisfactory completion of one year of post-graduate training in a hospital residency program that was not approved by the CPME and current certification by the American Board of Podiatric Medicine or the American Board of Foot and Ankle Surgery. (4) Satisfactorily met the requirements of ORS 677.820 and 677.825. Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 677.820, 677.825 & 677.830 History: OMB 7-2016, f. & cert. ef. 4-8-16 OMB 20-2013, f. & cert. ef. 7-12-13 BME 27-2008, f. & cert. ef. 10-31-08 BME 12-2008, f. & cert. ef. 4-24-08 BME 18-2006, f. & cert. ef. 7-25-06 BME 13-2005, f. & cert. ef. 10-12-05 BME 16-2004, f. & cert. ef. 7-13-04 ME 8-1994, f. & cert. ef. 4-29-94 ME 6-1986, f. & cert. ef. 4-23-86 ME 11-1985, f. & cert. ef. 8-6-85 ME 2-1984(Temp), f. & cert. ef. 1-20-84 ME 3-1983(Temp), f. & cert. ef. 10-3-83 thru 10-7-83 ME 7-1982, f. & cert. ef. 10-27-82 ME 4-1982, f. & cert. ef. 4-23-82
847-080-0013 Documents 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) Doctor of Podiatric Medicine Diploma: A copy of a diploma showing graduation from a school of podiatry. (4) 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. (5) The results of a Practitioner Self-Query from the National Practitioner Data Bank sent directly to the Board by the applicant. (6) Legible fingerprints as described in 847-008-0068 for the purpose of a criminal records background check. (7) 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 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. (8) Any other documentation or explanatory statements as required by the Board. Statutory/Other Authority: ORS 677.265 & 677.820 Statutes/Other Implemented: ORS 181.534, 677.820, 677.825 & 677.830 History: OMB 14-2016, f. & cert. ef. 10-7-16 OMB 20-2013, f. & cert. ef. 7-12-13 BME 17-2007, f. & cert. ef. 7-23-07 ME 17-1987, f. & ef. 8-3-87 ME 6-1986, f. & ef. 4-23-86
847-080-0016 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 requirements for licensure as stated in OAR 847-080-0010; (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 podiatric 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 podiatric medicine during the three years immediately preceding the application. (3) If a military spouse or domestic partner applies for a license to practice podiatric medicine, the Board may accept: (a) A copy of the podiatric 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 podiatric 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 podiatric medicine, the Board will obtain the results of a query of the National Practitioner Data Bank on behalf of the applicant. (5) In addition to the documents required in section (3) of this rule and in OAR 847-080-0013 and 847-080-0017, 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, ORS 677.820, Oregon Laws 2019, chapter 142 (HB 3030) & Oregon Laws 2019, chapter 626 (SB 688) Statutes/Other Implemented: ORS 677.820, ORS 677.825, ORS 677.830, 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
847-080-0021 Competency Examination and Re-Entry to Practice (1) The applicant who has not completed postgraduate training within the past 10 years or been certified or recertified with the ABPM or the ABPS within the past 10 years may be required to pass a competency examination in podiatry. The competency examination may be waived if the applicant can demonstrate ongoing participation in maintenance of certification with the ABPM or ABPS, or has completed at least 50 hours of Board-approved continuing education each year for the past three years. (2) The applicant who has ceased practice for a period of 12 or more consecutive months immediately preceding an application for licensure or reactivation may be required to pass a competency examination in podiatry. The competency examination may be waived if the applicant can demonstrate ongoing participation in maintenance of certification with the ABPM or ABPS or, subsequent to ceasing practice, the applicant has: (a) Passed the licensing examination administered by the NBPME, or (b) Been certified or recertified by the ABPM or ABPS, or (c) Completed a Board-approved one-year residency or clinical fellowship, or (d) Obtained continuing medical education to the Board’s satisfaction. (3) The applicant who has ceased the practice of medicine for a period of 24 or more consecutive months may be required to complete a re-entry plan to the satisfaction of the Board. The re-entry plan must be reviewed and approved through a Consent Agreement for Re-entry to Practice prior to the applicant beginning the re-entry plan. Depending on the amount of time out of practice, the applicant may be required to do one or more of the following: (a) Pass the licensing examination; (b) Practice for a specified period of time under a mentor/supervising podiatric physician who will provide periodic reports to the Board; (c) Obtain certification or re-certification, or participate in maintenance of certification, with the ABPM or the ABPS; (d) Complete a re-entry program as determined appropriate by the Board; (e) Complete one year of an accredited postgraduate or clinical fellowship training, which must be pre-approved by the Board’s Medical Director; (f) Complete at least 50 hours of Board-approved continuing medical education each year for the past three years. (4) Licensure shall not be granted until all requirements of OAR chapter 847, division 80, are completed satisfactorily. Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 677.190, 677.265, 677.825, 677.830 & 677.837 History: OMB 10-2016, f. & cert. ef. 10-7-16 OMB 7-2016, f. & cert. ef. 4-8-16 OMB 13-2014, f. & cert. ef. 10-8-14 OMB 11-2014, f. & cert. ef. 4-9-14 OMB 20-2013, f. & cert. ef. 7-12-13
847-080-0022 Qualifications to Perform Ankle Surgery (1) Ankle surgery must be conducted in a hospital or ambulatory surgical center licensed by the Oregon Health Authority. (2) For Board approval verifying eligibility to perform ankle surgery, an Oregon podiatric physician and surgeon must meet one of the following qualifications: (a) Successful completion, prior to July 1, 2023, of a 36-month podiatric medicine surgery residency that included training in ankle surgery substantially similar to a reconstructive rearfoot/ankle surgery (PMSR/RRA) credentialed program that meets or exceeds the Council on Podiatric Medical Education’s educational criteria for residency approval that was in place at the time of completion of the residency; (b) Successful completion, on or after July 1, 2023, of a podiatric medicine surgery residency with reconstructive rearfoot/ankle surgery (PMSR/RRA) program that meets or exceeds the Council on Podiatric Medical Education’s educational criteria for residency approval that was implemented on July 1, 2023; (c) Current board certification in reconstructive rearfoot/ankle surgery that meets or exceeds the American Board of Foot and Ankle Surgery criteria that was in place on July 1, 2023; or (d) Approved to perform ankle surgery prior to July 1, 2023, whose license has not become inactive, expired, suspended, or been revoked without reactivation or reinstatement. Statutory/Other Authority: ORS 677.245 Statutes/Other Implemented: ORS 677.805 & 677.812 History: OMB 8-2023, amend filed 07/06/2023, effective 07/06/2023 OMB 7-2016, f. & cert. ef. 4-8-16 OMB 20-2013, f. & cert. ef. 7-12-13 BME 7-2003, f. & cert. ef. 1-27-03 BM 11-2000, f. & cert. ef. 7-27-00
847-080-0028 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 Podiatric 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 Podiatric 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 Podiatric 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 Podiatric Medical Boards and the National Practitioner Databank. Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 677.265, ORS 677.190, ORS 677.220 & ORS 677.820 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 20-2013, f. & cert. ef. 7-12-13
847-080-0030 Denial of License (1) No applicant is entitled to a podiatry license who: (a) Has failed an 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 podiatric 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 podiatric licensing examination process. Podiatric licensing examination means any examination given by the Board, other states, or national testing organization, 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 & ORS 677.820 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 20-2013, f. & cert. ef. 7-12-13 ME 6-1986, f. & ef. 4-23-86 ME 11-1985, f. & ef. 8-6-85 ME 4-1982, f. & ef. 4-23-82
847-080-0035 Approved Colleges of Podiatric Medicine Colleges of podiatric medicine approved by the Board are only those approved by the American Podiatric Medical Association Council on Podiatric Medical Education. Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 677.265 & 677.820 History: OMB 7-2016, f. & cert. ef. 4-8-16 ME 11-1985, f. & ef. 8-6-85 ME 4-1982, f. & ef. 4-23-82
847-080-0042 Practice of Podiatry Podiatric physicians and surgeons practice podiatry as defined in ORS 677.010 and within their individual education, training, and experience. Podiatric physicians and surgeons are held to the standard and duty of care as described in ORS chapter 677. Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 677.805 History: OMB 8-2024, adopt filed 01/08/2024, effective 01/08/2024