justicedao/ipfs_state_laws huggingface dataset:
847-008-0023 Telemonitoring Registration (1) Telemonitoring is the intraoperative monitoring of data collected during surgery and electronically transmitted to a physician who practices in a location outside of Oregon via a telemedicine link for the purpose of allowing the monitoring physician to notify the operating team of changes that may have a serious effect on the outcome or survival of the patient. The monitoring physician is in communication with the operation team through a technician in the operating room. (2) The facility where the surgery is to be performed must be a licensed hospital or ambulatory surgical center licensed by the Department of Human Services, must grant medical staff membership and/or clinical privileges to the monitoring physician, and must request the Board grant Telemonitoring active status to the monitoring physician to perform intraoperative telemonitoring on patients during surgery. (3) Physicians granted Telemonitoring active status must register and pay a biennial active registration fee. (4) The physician with Telemonitoring active status desiring to have active status to practice in Oregon must submit the reactivation application and fee and satisfactorily complete the reactivation process before beginning active practice in Oregon. Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 677.172 & 677.265 History: OMB 3-2015, f. & cert. ef. 1-8-16 BME 2-2010, f. & cert. ef. 1-26-10 BME 8-2008, f. & cert. ef. 4-24-08 BME 2-2007, f. & cert. ef. 1-24-07 BME 8-2006, f. & cert. ef. 5-8-06 BME 1-2006(Temp), f. & cert. ef. 2-8-06 thru 7-7-06
847-008-0025 Inactive Registration (1) Each licensee of the Board who is licensed, certified or registered but who does not practice within the State of Oregon, shall register and pay a biennial inactive registration fee prior to the last day of the registration period. (2) The licensee with inactive status who wishes to resume practice in Oregon must submit the reactivation application and fee and satisfactorily complete the reactivation process before beginning practice in Oregon. Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 677.172 History: OMB 10-2025, amend filed 07/10/2025, effective 07/10/2025 OMB 3-2015, f. & cert. ef. 1-8-16 ME 5-1990, f. & cert. ef. 4-25-90
847-008-0030 Emeritus Registration (1) A licensee who has retired from active practice, but does only volunteer, non-remunerative practice and receives no direct or indirect monetary compensation, may register and pay an annual emeritus registration fee. (2) The licensee with emeritus status who wishes to practice under a different license status must submit the reactivation application and fee and satisfactorily complete the reactivation process before beginning practice in Oregon. Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 677.172, 677.175 & 677.265 History: OMB 7-2025, amend filed 04/04/2025, effective 04/04/2025 OMB 3-2015, f. & cert. ef. 1-8-16 BME 6-2000, f. & cert. ef. 7-27-00 ME 5-1990, f. & cert. ef. 4-25-90
847-008-0035 Retired Status (1) A licensee who is fully retired and not practicing any form of medicine, whether paid, volunteer, or writing prescriptions in any state, may request retirement status and pay no biennial renewal fee. Prior to retirement a licensee shall notify the Board in writing of intent to retire. (2) A licensee who returns to practice in any state may not hold retired status. If a licensee with retired status wishes to return to practice in Oregon, the licensee must submit the reactivation application and fee and satisfactorily complete the reactivation process before beginning practice in Oregon. If the license had lapsed prior to the change to retired status, the lapsed registration must be cleared by payment of the registration renewal late fee before reactivation can be completed. Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 677.172, 677.175 & 677.265 History: OMB 3-2015, f. & cert. ef. 1-8-16 BME 6-2000, f. & cert. ef. 7-27-00 ME 11-1992, f. & cert. ef. 10-22-92 ME 5-1990, f. & cert. ef. 4-25-90
847-008-0036 Revoked or Suspended Status The Board may suspend or revoke the license to practice of a licensee of the Board: (1) For one or more reasons listed in ORS 677.190; (2) For reasons involving controlled substances as stated in ORS 677.480; (3) Upon notification by the Department of Justice that a child support case is being maintained and enforced and that the licensee is under judgment or order to pay monthly child support and is in arrears in an amount equal to three months of support or $2,500, whichever occurs later, as stated in ORS 25.750 and .780; (4) For mental illness or imprisonment as stated in ORS 677.225; and (5) 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 as stated in ORS 677.205. Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 677.265 History: BME 16-2008, f. & cert. ef. 7-21-08
847-008-0037 Administrative Medicine Registration (1) A physician or podiatric physician who proposes to practice Administrative Medicine within the State shall apply for and obtain a license. (2) A physician or podiatric physician with an Administrative Medicine license may not examine, care for or treat patients. A physician or podiatric physician with an Administrative Medicine license may advise organizations, both public and private, on healthcare matters; authorize and deny financial payments for care; organize and direct research programs; review care provided for quality; and other similar duties that do not require direct patient care. (3) Physicians or podiatric physicians granted Administrative Medicine active status must register and pay a biennial active registration fee. (4) The licensee with Administrative Medicine active status desiring to have active status to practice in Oregon must submit the reactivation application and fee and satisfactorily complete the reactivation process before beginning active practice in Oregon. Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 677.172 & 677.265 History: OMB 3-2015, f. & cert. ef. 1-8-16 BME 8-2008, f. & cert. ef. 4-24-08 BME 2-2008, f. & cert. ef. 1-22-08 BME 21-2007(Temp), f. & cert. ef. 10-24-07 thru 4-7-08 BME 2-2007, f. & cert. ef. 1-24-07
847-008-0040 Process of Registration (1) The application for registration must be submitted to the Board by the first day of the month in which the license is due to expire. (2) The application for registration must be accompanied by the appropriate fee as listed in 847-005-0005. (3) At its discretion, the Board may waive the fee for good and sufficient reason. (4) If the licensee has been out of practice for more than 12 consecutive months or there are other concerns regarding the licensee’s medical competency or fitness to practice, the Board may renew licensee at Inactive status once the license renewal form has been completed satisfactorily. (5) The Board must provide to all licensees who have complied with this section a certificate of registration, which must be displayed in a prominent place in the licensee’s primary practice location through the end of the last business day of the registration period. Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 677.175, 677.265 & 677.510 History: OMB 13-2022, amend filed 07/12/2022, effective 07/12/2022 OMB 12-2014, f. & cert. ef. 10-8-14 OMB 7-2013, f. & cert. ef. 4-5-13 OMB 4-2013(Temp), f. & cert. ef. 1-11-13 thru 7-10-13 OMB 22-2012, f. & cert. ef. 8-3-12 OMB 4-2012, f. & cert. ef. 2-10-12 OMB 31-2011(Temp), f. 12-15-11, cert. ef. 1-1-12 thru 6-29-12 Temporary suspended by OMB 27-2011(Temp), f. & cert. ef. 10-26-11 thru 4-10-12 OMB 19-2011(Temp), f. & cert. ef. 10-13-11 thru 4-10-12 BME 2-2009, f. & cert. ef. 1-22-09 BME 16-2008, f. & cert. ef. 7-21-08 BME 14-2004, f. & cert. ef. 7-13-04 ME 5-1990, f. & cert. ef. 4-25-90
847-008-0045 Failure to Apply for Registration (1) A license or certificate shall be considered delinquent if not renewed by the first day of the final month of the registration period. (2) A license or certification shall lapse if not received in the Board office during regular business hours on or before the final day of the registration period. (3) A licensee who wishes to officially surrender license must submit the engrossed license and wallet-sized card. This must be done prior to the expiration of registration. (4) Should a licensee continue to practice while a license or certificate is lapsed, that individual shall be considered practicing without a valid license or certificate, and may be subject to prosecution under ORS 677.205, or may be subject to discipline by the Board. Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 677.172 History: BME 14-2004, f. & cert. ef. 7-13-04 ME 2-1994, f. & cert. ef. 1-24-94 ME 12-1993(Temp), f. & cert. ef. 10-27-93 ME 5-1991, f. & cert. ef. 7-24-91 ME 5-1990, f. & cert. ef. 4-25-90
847-008-0050 Reinstatement or Reactivation of License Lapsed Due to Non-Renewal (1) A licensee of the Board whose license has lapsed through failure to renew registration may: (a) Reinstate within 90 days of the end of the registration period by paying a late registration fee, paying renewal fees for the lapsed registration period, completing and submitting the required forms, and meeting any other requirements defined by Oregon law. The reinstatement will be effective on the date the renewal is processed. (b) Reactivate after 90 days from the end of the registration period but within two biennia by completing and submitting the reactivation application and processing fee, paying a late registration fee, paying renewal fees for the lapsed registration periods, and meeting any other requirements per OAR 847-008-0055. (2) A license will expire if it is not reinstated or reactivated within two biennia from the date the license lapsed. A previous licensee of the Board who wishes to be relicensed after the license has expired must apply as a new applicant by submitting the license application form and fee, meeting all current licensing requirements, and satisfactorily completing the application process. Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 677.100, 677.172 & 677.265 History: OMB 3-2015, f. & cert. ef. 1-8-16 OMB 12-2011, f. & cert. ef. 7-13-11 BME 17-2003, f. & cert. ef. 12-8-03 BME 1-2002, f. & cert. ef. 1-28-02 ME 2-1994, f. & cert. ef. 1-24-94 ME 12-1993(Temp), f. & cert. ef. 10-27-93 ME 11-1990, f. & cert. ef. 11-15-90 ME 5-1990, f. & cert. ef. 4-25-90
847-008-0051 Reinstatement Following Surrender of Licensure A licensee who wishes to be relicensed after surrendering licensure, must apply as a new applicant, and submit the license application form and fee. If the license had lapsed prior to surrender, the lapsed registration must be cleared by payment of the back registration fees and late fee. The applicant must meet all current licensing requirements before being considered for relicensure. Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 677.175 History: BME 2-2001, f. & cert. ef. 1-25-01 BME 6-2000, f. & cert. ef. 7-27-00 ME 2-1994, f. & cert. ef. 1-24-94 ME 12-1993(Temp), f. & cert. ef. 10-27-93 ME 5-1991, f. & cert. ef. 7-24-91
847-008-0053 Restoration of License from Revoked Status (1) A licensee whose license has been revoked may request restoration of the licensure two years after the date of revocation of his license, and must apply as a new applicant. (2) The applicant must meet all current licensing requirements, and pay all applicable fees. (3) Prior to the Board reviewing the request for restoration of a revoked license the applicant shall provide the Board with: (a) All relevant disciplinary actions in the applicant’s history; and (b) Professional history since the date of revocation, including continuing medical education, and professional or personal rehabilitation. Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 677.220 History: BME 7-2001, f. & cert. ef. 7-18-01 BME 6-2000, f. & cert. ef. 7-27-00
847-008-0055 Reactivation Requirements (1) A licensee of the Board who wishes to reactivate must provide the Board with the following: (a) Completed reactivation application; (b) Appropriate fees as listed in 847-005-0005 and any civil penalties or hearing costs that may be due; (c) An evaluation of overall performance and specific beginning and ending dates of training, practice, or employment sent directly to the Board from the director, administrator, dean, or other official of each hospital, clinic, office, or training institute where the licensee was employed, practiced, had hospital privileges, or trained in any state, country, or territory since the time of licensee’s last renewal or as directed by the Board. (2) The Board may require the licensee applying for reactivation to: (a) Provide other documentation or explanatory statements; (b) Personally appear before the Board; (c) Demonstrate clinical competency per 847-020-0182, 847-020-0183, 847-050-0043, 847-070-0045, or 847-080-0021. (3) The Board may deny reactivation based on grounds for denial of licensure provided in Oregon Revised Statutes chapter 677 or Oregon Administrative Rules chapter 847. Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 677.172, ORS 677.190, ORS 677.265, ORS 677.512, ORS 677.759, ORS 677.825 & ORS 677.830 History: OMB 9-2024, amend filed 04/09/2024, effective 04/09/2024 OMB 1-2020, amend filed 01/16/2020, effective 01/16/2020 OMB 13-2016, f. & cert. ef. 10-7-16 OMB 3-2015, f. & cert. ef. 1-8-16 OMB 28-2013, f. & cert. ef. 10-15-13 OMB 12-2011, f. & cert. ef. 7-13-11 BME 2-2008, f. & cert. ef. 1-22-08 BME 25-2006, f. & cert. ef. 10-23-06 BME 14-2004, f. & cert. ef. 7-13-04 BME 2-2004, f. & cert. ef. 1-27-04 BME 7-2002, f. & cert. ef. 7-17-02 BME 6-2000, f. & cert. ef. 7-27-00 ME 2-1997, f. & cert. ef. 7-28-97 ME 5-1990, f. & cert. ef. 4-25-90
847-008-0058 Fraud or Misrepresentation (1) Omissions or false, misleading or deceptive statements or information on any Board application, affidavit or registration is a violation of ORS 677.190(8) and is grounds for a $195 fine for the first violation, a $250 fine for the second violation, and a $500 fine for the third or subsequent violation. The applicant or licensee may be subject to further disciplinary action by the Board. (2) If a fine is issued under section (1) of this rule, the Board will not approve an application, affidavit or registration until the applicant or licensee has paid the fine or is proceeding to a hearing as provided by ORS 183.745. Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 677.175, 677.190, 677.205 & 677.265 History: OMB 9-2015, f. & cert. ef. 10-13-15 OMB 7-2015(Temp), f. & cert. ef. 7-14-15 thru 1-9-16 OMB 12-2014, f. & cert. ef. 10-8-14
847-008-0060 Notification of Change of Location Each licensee of the Board shall notify the Board in writing within 30 days of any change in residence address, practice location, or mailing address. Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 677.172 History: BME 8-2009, f. & cert. ef. 5-1-09 ME 5-1990, f. & cert. ef. 4-25-90
847-008-0065 Use of Name (1) Each licensee of the Board must be licensed under licensee’s legal name and must practice under that legal name. (a) “Legal name” means the first name, middle name and last or surname, without the use of initials or nicknames and is the name given at birth or subsequently acquired through marriage, court order, adoption or naturalization. (b) Evidence of legal name must be in the form of official records such as a birth certificate, marriage certificate or a court order/decree. (2) When a name is changed, all of the following must be submitted to the Board within 30 days of the name change: (a) A signed change of name notification affidavit provided by this Board; (b) A copy of the legal document showing the name change; and (c) The returned original Oregon license and license card, or engrossed certificate, whichever is applicable. (3) A licensee may practice under a variation of their legal name, if: (a) The variation is part of the licensee’s legal name, (b) The variation remains in the same order of the legal name, and (c) The licensee notifies the Board in writing of the legal name variation. (4) Violation of this rule will result in a $195 fine and may be cause for further disciplinary action by the Board. Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 677.265 History: OMB 7-2021, amend filed 10/13/2021, effective 10/13/2021 OMB 1-2013, f. & cert. ef. 1-11-13 OMB 23-2011, f. & cert. ef. 10-18-11 BME 24-2007, f. & cert. ef. 10-24-07 ME 5-1990, f. & cert. ef. 4-25-90
847-008-0075 Mandatory Pain Management Education (1) All licensees of the Oregon Medical Board, except the licensees listed in section (2) of this rule, must complete one-hour of continuing education in pain management at initial licensure and every 24 months provided by the Pain Management Commission of the Department of Human Services. (2) Licensees holding the following types of licenses are not required to meet this requirement: (a) Lapsed license; (b) Teleradiology license; or (c) Telemonitoring license. (3) Licensees must be prepared to provide documentation of continuing education if requested by the Board. (4) Licensees will report and attest to completing the required pain management continuing education hours during the license registration renewal. (5) The required pain management continuing education will be audited during the license registration renewal. The audit will follow the timeframes and fines set forth in OAR 847-008-0070. (6) The Oregon Medical Board may request documentation of completing the required pain management continuing education. (7) The continuing education hours in pain management may be used toward the continuing medical education hours required for registration renewal under OAR 847-008-0070. Statutory/Other Authority: ORS 413.590 & ORS 677.265 Statutes/Other Implemented: ORS 413.590, ORS 677.265, ORS 677.228 & ORS 677.510 History: OMB 3-2022, amend filed 01/11/2022, effective 01/11/2022 OMB 7-2018, minor correction filed 02/16/2018, effective 02/16/2018 OMB 12-2011, f. & cert. ef. 7-13-11 Renumbered from 847-010-0100 by OMB 4-2011, f. & cert. ef. 2-11-11 BME 3-2009, f. & cert. ef. 1-22-09 BME 7-2005, f. & cert. ef. 7-20-05
847-008-0077 Mandatory Cultural Competency Education Cultural competency continuing education is a life-long process of examining values and beliefs while developing and applying an inclusive approach to health care practice in a manner that recognizes the context and complexities of provider-patient interactions and preserves the dignity of individuals, families, and communities. Continuing education in cultural competency should teach attitudes, knowledge, and skills to care effectively for patients from diverse cultures, groups, and communities. (1) As a condition of license registration renewal, all Oregon Medical Board licensees renewing registration, who had been registered with a practicing license, except the licensees listed in section (2) of this rule, must complete cultural competency continuing education as follows: (a) Complete a minimum of one continuing education hour per year; (b) Complete continuing education: (A) Approved by the Oregon Health Authority under ORS 413.450, or (B) 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 943-090-0020; (c) Report at least every other license registration renewal cycle; and (d) Attest to completing the required continuing education hours and report number of completed hours during the license registration renewal. (2) The following licensees are exempt from this rule: (a) Licensees in residency training; and (b) Volunteer Camp licensees. (3) Continuing education hours may be obtained at any time during the audit period. (4) The required continuing education will be audited starting October 1, 2023 and every other license registration renewal thereafter. The audit will follow the timeframes and fines set forth in OAR 847-008-0070. (5) Licensees must provide documentation of continuing education if requested by the Board. (6) If applicable, cultural competency continuing education hours may be used to fulfill the continuing medical education (CME) hours required for registration renewal under 847-008-0070. Statutory/Other Authority: ORS 677.265 & ORS 676.850 Statutes/Other Implemented: ORS 677.265, ORS 676.850 & ORS 413.450 History: OMB 1-2021, adopt filed 01/13/2021, effective 07/01/2021
847-010-0012 Certification of Examination Scores and Verification of Oregon Licensure (1) Certification of examination scores will be furnished provided that: (a) The licensee submits a written request, fee and proper form for certification; (b) The license was issued on the basis of written examination taken in this state. (2) Verification of Oregon license number, date issued and current status will be furnished regardless of the status of the license (revoked/suspended/lapsed) provided the licensee submits a written request and fee. Statutory/Other Authority: ORS 183 & 677 Statutes/Other Implemented: ORS 677.110 History: ME 10-1986, f. & ef. 7-31-86 ME 8-1986(Temp), f. & ef. 5-5-86 ME 16-1984, f. & ef. 11-5-84 ME 11-1984(Temp), f. & ef. 7-30-84
847-010-0042 Posting Medicare Notice (1) Every physician licensed to practice medicine in Oregon who is treating Medicare patients shall post a notice in the office stating whether or not the physician is currently participating in a Medicare Assignment Program. Where there is more than one physician in the medical practice, one Medicare notice is sufficient, provided all physicians have the same participation or non-participation status. Otherwise, two notices are required, one listing the participating physicians and the other listing non-participating physicians. (2) 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 co-payment. Ask your physician for more information concerning your fees. (3) 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 co-payment. Ask your physician for more information concerning your fees. (4) The dimension of the sign shall be no smaller than 8" x 10"; the type size shall be no smaller than 30 point type. (5) The posting of the sign shall assure that it can be seen and read by Medicare beneficiaries. (6) 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. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 677 Statutes/Other Implemented: ORS 677.099 History: ME 2-1988, f. & cert. ef. 1-29-88 ME 20-1987(Temp), f. & ef. 9-30-87