justicedao/ipfs_state_laws huggingface dataset:
847-010-0051 Limited License, Postgraduate (1) This limited license applies to interns (PG1) and residents as defined in ORS 677.010. This limited license permits the physician to practice medicine only as part of a supervised postgraduate training program of a school of medicine or hospital approved by the Oregon Medical Board. (2) The Limited License, Postgraduate may be granted for a period up to five years, not to exceed the physician’s postgraduate training program period. The physician must submit a limited license application and fee based on the number of years requested. (3) The Limited License, Postgraduate may be granted for additional years of training, not to exceed the physician’s postgraduate training program period. The physician must submit a limited license application and fee 30 days before the end of the limited license to be granted a new limited license. (4) If the physician separates from the training program prior to the expiration of the limited license, the physician must notify the Board within 30 days of separation. Failure to do so is grounds for disciplinary action under ORS 677.190(17) and ORS 677.190(18). (5) Limited license fees are not refundable and may not be credited toward other Board fees. Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 677.132 & 677.172 History: OMB 14-2024, amend filed 10/09/2024, effective 10/09/2024 BME 17-2009, f. & cert. ef. 10-23-09 BME 4-2003, f. & cert. ef. 1-27-03 ME 9-1992, f. & cert. ef. 7-17-92 ME 18-1989, f. & cert. ef. 10-20-89 ME 10-1989(Temp), f. & cert. ef. 8-4-89
847-010-0052 Limited License, Visiting Professor (1) A physician who does not qualify for a medical license under any of the provisions of this Chapter and who is offered a teaching fellowship in an approved medical school or affiliated teaching institution in this state may, after application to and approval by the Board, be issued a Limited License, Visiting Professor. This license allows the physician to practice 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 teaching fellowship. (2) The Limited License, Visiting Professor is valid for a period of one year, and upon written request may be renewed for one additional year. The two years must be consecutive, and any unused portion of time can not be requested at a later date. (3) Every physician who is issued a Limited License, Visiting Professor to practice in this state and who intends to continue practice in such teaching position beyond the period granted for the license must submit a new limited license application and fee at least 30 days before the expiration date of the license. (4) To qualify for a Limited License, Visiting Professor, an applicant must furnish documentary evidence satisfactory to the Board of graduation from a school of medicine, and a curriculum vitae. (5) The head of the department in which the applicant is to be appointed must certify in writing to the Board that the applicant has been offered a teaching fellowship which 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 section (1) of this rule. Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 677.100 & 677.132 History: BME 23-2008, f. & cert. ef. 10-31-08 BME 2-2006, f. & cert. ef. 2-8-06 BME 4-2003, f. & cert. ef. 1-27-03 BME 2-2002, f. & cert. ef. 1-28-02 ME 4-1993, f. & cert. ef. 4-22-93 ME 2-1991, f. & cert. ef. 4-19-91 ME 1-1991(Temp), f. 1-30-91, cert. ef. 1-31-91 ME 11-1988, f. & cert. ef. 8-5-88 ME 21-1987, f. & ef. 10-29-87
847-010-0056 Limited License, Fellow (1) Any physician who proposes to do a fellowship in Oregon and who does not wish to register under OAR 847-020-0120 or 847-020-0130 may apply for a Limited License, Fellow. A fellow is a physician who is pursuing some special line of study as part of a supervised program of an approved school of medicine or affiliated teaching institution. A Limited License, Fellow permits the physician to practice medicine only as part of a supervised fellowship program. (2) A Limited License, Fellow shall be granted for a period of one year, and upon written request from the head of the training program submitted 30 days before the end of the first year, may be renewed for only one additional year. The two years must be consecutive. (3) A request for a Limited License, Fellow must be accompanied by a copy of the appointment letter or contract, and a letter sent directly from the head of the training program advising that the applicant has been offered a fellowship position and the dates of the program. (4) Every physician who is issued a Limited License, Fellow to practice in this state shall complete a limited license application form and pay the limited license fee as of the beginning of his appointment, and 30 days before the end of the first year must submit a new limited license application form and fee for the second year. (5) Fellowships approved by the Accreditation Council for Graduate Medical Education (ACGME) may be used to qualify for a license under OAR 847-020-0120 or 847-020-0130. Non-approved fellowships may not be used toward licensure. Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 677.132 History: BME 5-2004, f. & cert. ef. 4-22-04 BME 4-2003, f. & cert. ef. 1-27-03 BME 2-2002, f. & cert. ef. 1-28-02 ME 2-1993, f. & cert. ef. 1-29-93 ME 9-1992, f. & cert. ef. 7-17-92
847-010-0060 Limited License, SPEX/COMVEX, and Limited License, Postgraduate A physician who is granted a Limited License, SPEX/COMVEX, or Limited License, Postgraduate in the State of Oregon is entitled to apply for and obtain a federal narcotic stamp. Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 677.132 History: OMB 3-2014, f. & cert. ef. 1-14-14 BME 3-2008, f. & cert. ef. 1-22-08 BME 11-1999, f. & cert. ef. 7-23-99 ME 6-1988, f. & cert. ef. 4-20-88 ME 3-1988(Temp), f. & cert. ef. 1-29-88 ME 10-1986, f. & cert. ef. 7-31-86 ME 17-1968, f. & cert. ef. 5-2-68
847-010-0063 Limited License, Medical Faculty (1) A physician qualifying under OAR 847-020-0140 may be granted a Limited License, Medical Faculty. This license allows the physician to practice 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 the faculty position. (2) 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. (3) Every physician who is issued a Limited License, Medical Faculty to practice in this state and who intends to continue practice in such faculty position beyond the period granted for the license must submit a new limited license application and fee at least 30 days before the expiration date of the license. Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 677.100 & 677.132 History: OMB 30-2013, f. & cert. ef. 10-15-13 OMB 16-2013(Temp), f. 7-12-13, cert. ef. 7-15-13 thru 1-11-14 BME 23-2008, f. & cert. ef. 10-31-08 BME 3-2007, f. & cert. ef. 1-24-07 BME 5-2004, f. & cert. ef. 4-22-04 BME 2-2002, f. & cert. ef. 1-28-02 BME 5-2001, f. & cert. ef. 4-23-01 ME 4-1993, f. & cert. ef. 4-22-93 ME 11-1988, f. & cert. ef. 8-5-88 ME 21-1987, f. & ef. 10-29-87
847-010-0064 Limited License, SPEX/COMVEX (1) An applicant for a license to practice medicine, who, being otherwise qualified for the unlimited license, but who must take a Competency Examination (Special Purpose Examination-SPEX or Comprehensive Osteopathic Medical Variable-Purpose Examination-COMVEX), may be issued a Limited License, SPEX/COMVEX provided the applicant has completed an application under ORS 677.100 to 677.132 which is satisfactory to the Board. (2) A Limited License, SPEX/COMVEX may be granted for a period of 6 months and permits the licensee to practice medicine only until grade results are available, and the applicant completes the initial registration process. (3) The Limited License, SPEX/COMVEX would become invalid should the applicant fail the SPEX or COMVEX examination and the applicant, upon notification of failure of the examination, must cease practice in this state as expeditiously as possible, but not to exceed two weeks after the applicant receives notice of failure of the examination. The applicant whose Limited License, SPEX/COMVEX became invalid due to failure of the examination is not eligible for another Limited License, SPEX/COMVEX. Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 677.120 & 677.132 History: OMB 11-2018, amend filed 10/13/2018, effective 10/13/2018 BME 3-2008, f. & cert. ef. 1-22-08 ME 4-1997, f. & cert. ef. 11-3-97 ME 8-1996, f. & cert. ef. 10-29-96 ME 18-1989, f. & cert. ef. 10-20-89 ME 10-1989(Temp), f. & cert. ef. 8-4-89
847-010-0070 Competency Examination (1) Whenever the Board orders a medical competency examination pursuant to ORS 677.420, it may require or administer one, all, or any combination of the following examinations: (a) The Special Purpose Examination (SPEX); (b) The Comprehensive Osteopathic Medical Variable-Purpose Examination (COMVEX); (c) Oral examination; (d) Any other examination that the Board determines appropriate. (2) Failure to achieve a passing grade on any examination shall constitute grounds for suspension or revocation of examinee's license on the grounds of Manifest Incapacity to Practice Medicine as provided by ORS 677.190(15). (3) If an oral examination is ordered by the Board, an Examination Panel shall be appointed. The examination shall include questions which test basic knowledge and also test for knowledge expected of a physician with a practice similar in nature to that of the examinee's. The panel shall establish a system for weighing the score for each question in the examination. After it is prepared, the examination shall be submitted to the Board for review and approval. (4) Appointment of an Examination Panel is required only when administering an oral examination. (5) The examinee shall be given no less than two weeks' notice of the date, time and place of any examination to be administered. (6) The medical competency examination shall be paid for by the licensee. Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 677.110 History: OMB 15-2024, amend filed 10/09/2024, effective 10/09/2024 BME 3-2008, f. & cert. ef. 1-22-08 BME 9-2003, f. & cert. ef. 5-2-03 BME 12-2000, f. & cert. ef. 10-30-00 ME 3-1985, f. & ef. 5-6-85 ME 8-1982, f. & ef. 10-27-82 ME 3-1979, f. & ef. 5-1-79 ME 34, f. & ef. 5-10-77
847-010-0075 Reporting of Alleged Professional Negligence (1) As required in ORS 742.400 any insurer or approved self insurance association shall report claims of alleged professional negligence to the Oregon Medical Board within 30 days of filing of the claim. Incidents and inquiries not leading to claims need not be filed. (2) All settlements, awards or judgments against a physician paid as a result of alleged professional negligence shall be reported to the Board within 30 days after the date of settlement, award or judgment. Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 742 History: BME 1-2000, f. & cert. ef. 2-7-00 ME 10-1988, f. & cert. ef. 8-5-88 ME 3-1987, f. & ef. 1-23-87
847-010-0078 Agreement Prohibited between Physician and Patient that Limits a Patient’s Rights Licensees and applicants shall not make an agreement with a patient or person, or any person or entity representing patients, nor provide any form of consideration, that would prohibit, restrict, discourage or otherwise limit a person's ability to file a complaint with the Oregon Medical Board, to truthfully and fully answer any questions posed by an agent or representative of the Board, or to participate as a witness in a Board proceeding. Statutory Auth.: ORS 677.265 Statutes/Other Implemented: ORS 677.132 History: BME 3-2001, f. & cert. ef. 1-25-01
847-010-0081 Physician- Assisted Death with Dignity A licensee's compliance with ORS 127.800 et seq shall not be considered a violation of 677.190(1), unprofessional or dishonorable conduct, as defined in 677.188(4)(a), (b), or (c). Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 127.885 History: OMB 29-2012, f. & cert. ef. 11-22-12 BME 4-1998, f. & cert. ef. 4-22-98 BME 2-1998(Temp), f. & cert. ef. 2-4-98 thru 7-31-98
847-010-0090 Clinical Clerkships and Preceptorships A medical student may participate in the diagnosis and treatment of Oregon patients under the following circumstances: (1) The student is enrolled in a medical school accredited by the Liaison Committee on Medical Education, the Commission on Osteopathic College Accreditation, or the Committee on Accreditation of Canadian Medical Schools ; (2) The student is supervised by an actively practicing, Oregon-licensed health care professional in good standing who is qualified and competent to supervise the student’s clinical experience; and (3) Care is delivered within the scope and context of a course, clerkship, preceptorship or other clinical experience approved by an accredited medical school or affiliated teaching institution in Oregon. Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 677.265 & ORS 677.010 History: OMB 2-2026, amend filed 01/09/2026, effective 01/09/2026 OMB 9-2017, amend filed 10/26/2017, effective 10/26/2017 ME 4-1985, f. & ef. 5-6-85
847-010-0095 Peer Review The Oregon Medical Board will participate in a peer review process to implement the provisions of ORS 441.055 by using the following rules: (1) The Board will receive requests to appoint physicians to conduct peer review provided the requests are made jointly by all of the following: (a) The physician whose practice is being reviewed; (b) The executive committee of the health care facility’s medical staff; (c) The governing body of the health care facility. (2) The Board will review requests and may decide to appoint physicians to conduct peer review. (3) If the Board decides to appoint physicians to conduct peer review, the parties will be required to sign a contract agreeing to pay all costs. The Board will not be a party to such contract. (4) The Board will appoint one or more physicians to conduct peer review in accordance with the medical staff by-laws of the facility. (5) Reports will be processed according to Board protocol. (6) The report of findings and conclusions of the panel will be forwarded to the requesting facility for processing according to the medical staff by-laws of the facility. (7) If further action necessitates appropriate hearing proceedings, a panel of physicians will be appointed to conduct the hearings in accordance with the medical staff by-laws of the facility. (8) The report of findings and conclusions of the hearings panel will be forwarded to the requesting facility in accordance with the medical staff by-laws. Statutory/Other Authority: ORS 677 Statutes/Other Implemented: ORS 441.055 History: ME 2-1988, f. & cert. ef. 1-29-88
847-010-0110 Physicians and Physician Associates to Honor Life-Sustaining Treatment Orders (1) A physician or physician associate licensed pursuant to ORS Chapter 677 shall respect the patient’s wishes including life-sustaining treatments. Consistent with the requirements of ORS Chapter 127, a physician or physician associate shall respect and honor life-sustaining treatment orders executed by a physician, physician associate or nurse practitioner. The fact that a physician, physician associate or nurse practitioner who executed a life-sustaining treatment order does not have admitting privileges at a hospital or health care facility where the patient is being treated does not remove the obligation under this section to honor the order. In keeping with ORS Chapter 127, a physician or physician associate shall not be subject to criminal prosecution, civil liability or professional discipline. (2) Should new information on the health of the patient become available the goals of treatment may change. Following discussion with the patient, or if incapable their surrogate, new orders regarding life-sustaining treatment should be written, dated and signed. Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 127.505–127.660 & 677.265 History: OMB 17-2024, amend filed 10/10/2024, effective 10/10/2024 BME 13-2007, f. & cert. ef. 4-26-07
847-010-0120 Prescription Drug Monitoring Program (1) A licensee with an active registration status and an active United States Drug Enforcement Agency (DEA) registration to prescribe in Oregon must register with the Prescription Drug Monitoring Program established under ORS 431A.855. (2) New licensees with an active DEA registration must register with the Prescription Drug Monitoring Program as specified in section (1) of this rule, within 30 calendar days of Oregon licensure or DEA registration, whichever is later. Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 677.265, ORS 431A.855 & ORS 431A.877 History: OMB 6-2020, adopt filed 04/07/2020, effective 04/07/2020
847-010-0130 Medical Chaperones (1) As of July 1, 2023 , a licensee must offer a trained chaperone to be physically present for all: (a) Genital and rectal examinations regardless of gender; and (b) Breast examinations for patients who identify as female. (2) The licensee must ensure that the chaperone: (a) Is not a personal friend or relative of the patient or licensee; and (b)(A) Holds an active Oregon license to practice a health care profession; or (B) Completes a course for medical chaperones approved by the Oregon Medical Board. (3) During a breast, genital, or rectal examination when a chaperone is requested, the chaperone may not participate in acts that would obstruct or distract the chaperone from observing the licensee’s behavior and actions throughout the exam, procedure, or clinical encounter. (4) For all breast, genital, and rectal examinations, the presence or absence of a chaperone must be documented in the patient chart. (5) The patient may decline the presence of a chaperone for a breast, genital, and rectal examination . If the patient declines, the licensee: (a) May defer the breast, genital, or rectal examination if, in the provider’s judgment, deferring the examination is in the best interest of the patient and the licensee. (b) May perform the examination and document the patient’s consent to proceed without the presence of a chaperone. (6) A licensee is not required under this rule to offer a chaperone be present in circumstances in which it is likely that failure to examine the patient would result in significant and imminent harm to the patient, such as during a medical emergency. (7) A licensee is not required to offer a chaperone if a chaperone is already present in the normal course of the examination. Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 677.265 History: OMB 18-2022, adopt filed 10/12/2022, effective 10/12/2022
847-010-0200 Physician and Physician Associate Volunteer Practice (1) For the purpose of this rule “health care practitioner” means a physician, physician assistant, or physician associate authorized to practice in another state or United States territory. (2) For the purposes of ORS 677.190 and ORS 677.205 “registration” includes volunteer authorizations. (3) Under the provisions of this rule, a health care practitioner may practice in Oregon in connection with a coordinating organization or other entity without compensation for up to 30 days each calendar year if approved to do so by the Oregon Medical Board. (4) A health care practitioner must submit the following to the Oregon Medical Board, at least 10 days prior to commencing volunteer practice in this state: (a) Proof that the health care practitioner is in good standing and is not the subject of an active disciplinary action in any jurisdiction in which the health care practitioner is authorized to practice; (b) An acknowledgement that the health care practitioner may provide services only within the scope of practice of the health care profession that the health care practitioner is authorized to practice and will provide services pursuant to ORS chapter 677 and Board rules, whichever is more restrictive; (c) An attestation that the health care practitioner will not receive compensation for practice in Oregon; (d) The name and contact information of the coordinating organization or other entity through which the health care practitioner will practice; and (e) The dates on which the health care practitioner will practice in Oregon. (5) The Oregon Medical Board will provide approval and confirmation of authority to practice as a volunteer within 10 days of receiving the information described in section (4) of this rule. Statutory/Other Authority: ORS 677.265 & OL 2022, chapter 62 (HB 4096) Statutes/Other Implemented: OL 2022, chapter 62 (HB 4096) History: OMB 17-2024, amend filed 10/10/2024, effective 10/10/2024 OMB 10-2023, amend filed 07/06/2023, effective 07/06/2023 OMB 24-2022, adopt filed 10/12/2022, effective 01/01/2023
847-010-0300 Access to Mental Health Assessment, Treatment, or Services Licensees may not deny any individual access to mental health assessment, treatment, or services on the basis that the individual also has an intellectual or developmental disability. Statutory/Other Authority: ORS 677.265 & OL 2024, chapter 96, section 5 (SB 1557) as amended by OL 2025, chapter 313, section 1 (SB 729) Statutes/Other Implemented: OL 2024, chapter 96, section 5 (SB 1557) as amended by OL 2025, chapter 313, section 1 (SB 729) History: OMB 12-2025, adopt filed 10/08/2025, effective 10/08/2025
847-015-0005 Scheduled II Controlled Substance — Bariatrics Practice (1) A licensee shall not utilize a Schedule II controlled substance for purposes of weight reduction or control. (2) A violation of any provision of this rule, as determined by the Board, shall constitute Unprofessional Conduct as the term is used in ORS 677.188(4)(a), (b), or (c), whether or not actual injury to a patient is established. Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 677.188 & 677.190 History: OMB 8-2016, f. & cert. ef. 7-8-16 ME 1-1995, f. & cert. ef. 2-1-95 ME 1-1987, f. & ef. 1-20-87