justicedao/ipfs_state_laws huggingface dataset:
847-001-0045 Consent Agreements for Re-entry to Practice (1) The Executive Director or Medical Director has the authority to review and approve the terms and conditions in a Consent Agreement for Re-entry to Practice based on Board-established guidelines. (2) The Executive Director’s or Medical Director’s signature grants approval of the Consent Agreement for Re-entry to Practice, which becomes a public document. As a public document, the Consent Agreement for Re-entry to Practice may be released to the public. However, the Consent Agreement for Re-entry to Practice is not an adverse action. (3) The Applicant may be granted a license once the Consent Agreement for Re-entry to Practice is signed by the Executive Director or Medical Director. (4) The Executive Director or Medical Director has the authority to terminate a Consent Agreement for Re-entry to Practice upon licensee’s satisfaction of the terms or licensee’s failure to satisfy the terms within the agreed-upon time. If the Consent Agreement for Re-entry to Practice is terminated because of the licensee’s failure to complete the terms, his or her license will be returned to the previous status or to an inactive status. Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 677.100, 677.175, 677.265, 677.512, 677.759 & 677.825 History: OMB 10-2018, amend filed 10/13/2018, effective 10/13/2018 OMB 10-2016, f. & cert. ef. 10-7-16 OMB 11-2014, f. & cert. ef. 4-9-14
847-001-0050 Address of Record (1) In accordance with OAR 847-008-0060, a licensee must designate a mailing address on file with the Board at all times. (2) The mailing address currently on file with the Board will be considered the address of record. (3) The Board will send all correspondence and official documents to the licensee's address of record. Upon request, the Board may agree to correspond for investigation purposes at an alternate address. Nothing in this rule excludes the licensee's representative from being included in Board correspondence. (4) Notices sent to the licensee by certified mail or registered mail to the licensee's address of record or alternate address as described in section (3) of this rule, is sufficient notice even if the licensee fails to or refuses to respond to the postal service "return receipt" and never receives the Notice. Such mailing permits the Board to proceed with disciplinary action in the absence of a request for a hearing. Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 677.265 History: OMB 14-2020, adopt filed 10/05/2020, effective 10/05/2020
847-002-0045 Criminal Records Checks for Employees, Volunteers and Applicants (1) The Board requires a criminal records check and fitness determination for Board employees, volunteers or applicants for employment with the Board. (2) Criminal records checks and fitness determinations are conducted pursuant to ORS 181A.170 to 181A.215 and OAR 125-007-0200 to 125-007-0310. (a) To complete the criminal records check and fitness determination, the Board may require additional information from the employee, volunteer or applicant, such as, but not limited to, proof of identity or additional criminal, judicial or other background information. (b) If the employee, volunteer or applicant has potentially disqualifying criminal offender information, the Board will consider factors listed in ORS 181A.195 before making a fitness determination. (c) An approved fitness determination does not guarantee employment. (d) An incomplete fitness determination does not entitle the employee, volunteer or applicant the right to appeal under OAR 125-007-0300. (3) Pursuant to ORS 181A.195, ORS 676.175, and OAR 125-007-0310, information obtained in the criminal records check is confidential and will not be disseminated by the Board except to persons with a demonstrated and legitimate need to know the information. (4) The Board may charge a fee to the employee, volunteer or applicant for the criminal records check. The fee will not exceed the fee charged the Board by the OSP and the FBI to obtain such information. Statutory/Other Authority: ORS 181A.195 & 676.303 Statutes/Other Implemented: ORS 181A.170, 181A.195, 181A.215, 676.175, 676.303 & 677.28 History: OMB 12-2016, f. & cert. ef. 10-7-16 OMB 11-2011, f. & cert. ef. 7-13-11
847-003-0100 Declared Emergency — Delegation of Authority (1) An emergency under this rule exists when: (a) A State of Emergency or a Public Health Emergency has been declared by the Governor of Oregon under ORS 401.165 or 433.441 through 433.452; or (b) The provisions of any relevant rules in Chapter 847 Oregon Administrative Rules have been suspended by the Governor under the authority of ORS 401.168(2); or (c) A signatory to the Pacific Northwest Emergency Management Arrangement (the states of Alaska, Idaho, Oregon, and Washington, and the Province of British Columbia and the Yukon Territory) has requested assistance during a civil emergency as authorized in ORS 402.250; or (d) The President of the United States or another federal official has declared a public health emergency; or (e) The Governor has authorized the Public Health Director to take the actions described in ORS 431.264. (2) When an emergency exists as defined above, any authority vested in the Board may be exercised by the Board Chair, the Executive Director, any person acting as Executive Director in the Executive Director’s absence or incapacity, or any person the Executive Director designates to make such decisions on the Executive Director’s behalf. Statutory/Other Authority: ORS 401.168, 402.105, 433.441 & 677.265 Statutes/Other Implemented: ORS 401.165 & 677.265 History: OMB 7-2017, f. & cert. ef. 7-14-17 OMB 19-2012, f. & cert. ef. 8-3-12
847-003-0200 Board Member Compensation (1) Board members of the Oregon Medical Board shall receive no less than the current Oregon legislative per diem as specified in ORS 171.072(9) up to $250 compensation for each day or portion thereof during which the member is actually engaged in the performance of official duties, which includes Board and committee meetings and activities that the Board has pre-approved or requested that the member attend as its representative. (2) Board members shall receive compensation of $250 to prepare for each occurrence of a full day or multiday Board or Committee meeting that the Board member attends. (3) The compensation amount shall be in addition to the allowable reimbursement for travel or other expenses. (4) Board members may decline to accept compensation or reimbursement of expenses. Statutory/Other Authority: ORS 677.235 Statutes/Other Implemented: ORS 292.495, ORS 677.235 & ORS 171.072 History: OMB 11-2023, amend filed 07/06/2023, effective 07/06/2023 OMB 10-2022, amend filed 04/07/2022, effective 04/07/2022 OMB 1-2017, f. 1-6-17, cert. ef. 7-1-17 OMB 25-2013, f. & cert. ef. 10-15-13
847-005-0008 Public Record Fees Many public records are available on the Oregon Medical Board’s website without charge; convenience copies of these records are available upon request for a set charge. Pursuant to ORS 192.324, public records fees reflect no more than the actual cost of producing and processing the public records request. (1) Licensee Information Request Charges: (a) Verification of Licensure — Individual Requests (1-4 licenses) — $10 per license. (b) Verification of Licensure — Multiple (5 or more licenses) — $7.50 per license. (c) Malpractice Report — Individual Requests — $10 per license. (d) Malpractice Report — Multiple (monthly report) — $15 per report. (e) Disciplinary — Individual Requests — $10 per license. (2) Record Search Charges: If a request for records can be fulfilled using less than 30 minutes of staff time, there will be no charge for the service. (a) Clerical Staff — $25 per hour. (b) Administrative and Managerial Staff — $40 per hour. (c) Professional Staff and Medical Director — $75 per hour. (d) The actual cost to the Board of time spent by the Board’s attorney in reviewing the public records, redacting material from the public records, and segregating the public records into exempt and nonexempt records. (3) Data Order Charges: (a) Standard Licensee Data Order — $75 each. (b) Custom Licensee Data Order — $75 + $40.00 per hour Administrative time. (c) Address Label Data — $50 each. (d) Malpractice Information Data — $75 each. (4) All Board fees are non-refundable and non-transferable. (5) The Board may waive or reduce fees for public records upon written request if the Board determines that making the record available primarily benefits the general public. Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 677.265 & 192.324 History: OMB 6-2023, amend filed 04/11/2023, effective 04/11/2023 OMB 2-2019, adopt filed 07/24/2019, effective 07/24/2019
847-007-0010 Criminal Conviction Determination Process (1) As used in this rule: (a) “Applicant” means a person who has applied for a license from the Oregon Medical Board (Board). (b) “Petitioner” means a person who has requested the Board review their criminal history to determine whether it will prevent them from being granted a license by the Board. (2) A person who was convicted of a crime may petition the Board for a determination as to whether a criminal conviction will prevent the person from receiving a license issued by the Board. (3) The petitioner must submit the Board’s determination request form, relevant criminal history documentation, and the required $75 fee. (4) The Executive Director has the authority to review a petitioner’s request under this rule and to determine whether the petitioner’s criminal conviction(s) prevent the person from obtaining a license issued by the Board. (5) The Board will reconsider a determination that a criminal conviction prevents the person from obtaining a license if the person submits a completed application for a license. (6) Upon reconsideration, the Board may rescind a previous determination that a criminal conviction does not prevent the person from obtaining a license if the applicant: (a) Has allegations or charges pending in criminal court; (b) Failed to disclose a previous criminal conviction; (c) Has been convicted of another crime during the period between the determination and the person’s submission of a completed application for an occupational or professional license; or (d) Has been convicted of a crime that, during the period between the determination and the person’s submission of a completed application for an occupational or professional license, became subject to a change in state or federal law that prohibits licensure for an occupational or professional license because of a conviction of that crime. (7) Failure to disclose a previous criminal conviction includes any misrepresentation of a prior criminal conviction, any concealment or failure to disclose a material fact about a prior criminal conviction, or any other misinformation regarding a prior criminal conviction. (8) Nothing in this rule prohibits the Board from denying licensure for a reason other than conviction of a crime. (9) A determination made under this rule: (a) Is subject to the same confidentiality requirements that are applicable to completed applications for a license; and (b) Is not considered a final determination of the Board. Statutory/Other Authority: ORS 677.265 & Oregon Laws 2024, chapter 95, section 44 (SB 1552) Statutes/Other Implemented: Oregon Laws 2024, chapter 95, section 44 (SB 1552), ORS 677.100, ORS 677.188(1), ORS 677.190, ORS 677.512, ORS 677.759 & ORS 677.820 History: OMB 8-2025, adopt filed 04/08/2025, effective 07/01/2025
847-008-0000 Definitions As used in OAR chapter 847: (1) “Licensee” means an individual holding a valid license issued by the Board. (2) “Physician” means a person who holds a degree of Doctor of Medicine or Doctor of Osteopathic Medicine or equivalent, or a person who holds a degree of Doctor of Podiatric Medicine if in the context in which the term “physician” is used does not authorize or require the person to practice outside the scope of a license issued under ORS 677.805 to 677.840. Statutory/Other Authority: ORS 677.010 & ORS 677.265 Statutes/Other Implemented: ORS 677.010 History: OMB 5-2018, amend filed 01/05/2018, effective 01/05/2018 BME 7-1998, f. & cert. ef. 7-22-98 ME 11-1992, f. & cert. ef. 10-22-92 ME 5-1990, f. & cert. ef. 4-25-90
847-008-0003 Delegation of Authority (1) The Executive Director or, in the absence of the Executive Director, the Medical Director has the authority to grant, renew and reactivate licensure for all license types and statuses upon satisfactory completion of the application. (2) The Executive Director or, in the absence of the Executive Director, the Medical Director has the authority to approve visiting physician applications and visiting acupuncturist applications. (3) The Executive Director has the authority to waive the registration fee for good and sufficient reason. (4) The Executive Director has the authority to require additional documentation or explanatory statements for the application file to be considered satisfactorily complete. (5) The Executive Director has the authority to determine that an applicant qualifies for licensure by expedited endorsement. (6) The Executive Director has the authority to perform initial reviews of applications to determine whether an applicant or licensee meets the qualifications, has satisfactorily completed the application and should be approved or whether the application file contains derogatory information that requires review by an advisory committee and a determination by the Board. (7) The Executive Director or Medical Director has the authority to review and approve Consent Agreements for Re-entry to Practice for applicants who have ceased clinical practice for a period of 24 or more consecutive months and grant a license to the applicant upon the Executive Director’s or Medical Director’s signature. (8) The Medical Director has the authority to determine whether an applicant or licensee has significant malpractice claims or patient care issues that require additional review by an advisory committee and a determination by the Board. (9) The Executive Director has the authority to grant waivers of the competency examinations if the applicable waiver requirements are met. Statutory/Other Authority: ORS 677.265 & 677.235 Statutes/Other Implemented: ORS 292.495 & 677.235 History: OMB 10-2016, f. & cert. ef. 10-7-16 OMB 11-2014, f. & cert. ef. 4-9-14 OMB 27-2013, f. & cert. ef. 10-15-13 OMB 14-2013(Temp), f. 7-12-13, cert. ef. 7-15-13 thru 1-11-14
847-008-0005 Registration Periods Every licensee of the Board shall renew their registration prior to the last day of each renewal period as follows: (1) The registration renewal application and fee for physicians and physician associates must be received in the Board office during regular business hours and must be satisfactorily complete on or before December 31 of each odd-numbered year. (2) The registration renewal application and fee for physicians and physician associates with Emeritus status must be received in the Board office during regular business hours and must be satisfactorily complete on or before December 31 of every year. (3) Physicians in a qualified postgraduate training program may elect to register on an annual basis. (4) The registration renewal form and fee for Licensed Acupuncturists must be received in the Board office during regular business hours and must be satisfactorily complete on or before June 30 of each even-numbered year. (5) If the registration renewal form and fee are not received in the Board office during regular business hours and are not satisfactorily complete on or before the last day of the renewal period, the license will lapse. Statutory/Other Authority: ORS 677.139, ORS 677.265 & ORS 677.512 Statutes/Other Implemented: ORS 677.010, ORS 677.139, ORS 677.172, ORS 677.228, ORS 677.265, ORS 677.512, ORS 677.520 & ORS 677.765 History: OMB 17-2024, amend filed 10/10/2024, effective 10/10/2024 OMB 5-2018, amend filed 01/05/2018, effective 01/05/2018 BME 16-2008, f. & cert. ef. 7-21-08 BME 14-2004, f. & cert. ef. 7-13-04 BME 3-2003, f. & cert. ef. 1-27-03 BME 7-1998, f. & cert. ef. 7-22-98 ME 11-1992, f. & cert. ef. 10-22-92 ME 5-1991, f. & cert. ef. 7-24-91 ME 5-1990, f. & cert. ef. 4-25-90
847-008-0010 Initial Registration (1) An applicant for licensure as a physician, physician associate, or acupuncturist, whose application file is complete, must submit to the Board the initial registration form and fee prior to being granted a license by the Board. (2) A person applying for licensure must ensure the license application is complete and accurate throughout the application process. A person applying for licensure must update the Board within 10 business days regarding any changes in information previously provided or any new information that becomes available during the application process. ( 3) An application expires if not completed within a 12-month consecutive period. (4) Once an application expires and per OAR 847-020-0110(3), a person applying for licensure must file a new application, documents, letters and pay a full filing fee as if filing for the first time. (5) The application is not subject to section (3) once the application is reviewed by the Board or a Committee of the Board. (6)(a) An individual who initially becomes licensed, certified or registered by the Board at any time during the first 12 months of a biennial registration period must pay the entire biennial registration fee for that period, except as provided in OAR 847-008-0015 and 847-008-0025. (b) An individual who initially becomes licensed, certified, or registered by the Board at any time during the second 12 months of the biennial registration period must pay the registration fee for one year. Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 677.172, ORS 677.190, ORS 677.205 & ORS 677.415 History: OMB 17-2024, amend filed 10/10/2024, effective 10/10/2024 OMB 4-2024, amend filed 01/08/2024, effective 01/08/2024 OMB 8-2017, amend filed 10/26/2017, effective 10/26/2017 OMB 12-2014, f. & cert. ef. 10-8-14 OMB 13-2012, f. & cert. ef. 4-17-12 BME 2-2002, f. & cert. ef. 1-28-02 BME 6-2000, f. & cert. ef. 7-27-00 BME 8-1998, f. & cert. ef. 7-22-98 ME 5-1991, f. & cert. ef. 7-24-91 ME 5-1990, f. & cert. ef. 4-25-90
847-008-0015 Active Registration (1) Each licensee of the Board who practices within the State of Oregon shall register and pay a biennial active registration fee prior to the last day of the registration period, except where the licensee is a physician in a qualified training program and elects to register on an annual basis. (2) Each licensee of the Board whose practice address of record with the Board is within 100 miles of the border of the State of Oregon and who intends to practice within Oregon shall qualify for active registration status. Such licensee shall submit a statement to the Board attesting to practice in Oregon. Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 677.228 & ORS 677.172 History: OMB 1-2020, amend filed 01/16/2020, effective 01/16/2020 OMB 21-2012, f. & cert. ef. 8-3-12 BME 16-2010, f. & cert. ef. 10-25-10 BME 8-2008, f. & cert. ef. 4-24-08 BME 2-2007, f. & cert. ef. 1-24-07 BME 7-2006, f. & cert. ef. 5-8-06 BME 14-2004, f. & cert. ef. 7-13-04 BME 2-2004, f. & cert. ef. 1-27-04 ME 5-1991, f. & cert. ef. 7-24-91 ME 5-1990, f. & cert. ef. 4-25-90
847-008-0018 Military/Public Health Active Registration (1) Military/Public Health Active registration status allows a licensee to maintain an active, unrestricted license despite intermittent interruptions in Oregon practice. (2) Any licensee who is actively serving in the US Military or employed with the US Public Health Service, US Department of Veteran Affairs, the US Department of State Foreign Service or the Indian Health Service for more than 12 months and whose official state of residence is Oregon must obtain a Military/Public Health Active status by providing the Board with written notification of current assignment or employment, a copy of their Oregon Driver’s License or other proof of residence, and payment of the biennial registration fee. (3) The Military/Public Health Active status remains valid as long as the licensee maintains active duty in the military or public health, and the licensee’s official state of residence is Oregon. At the conclusion of the licensee's service, the licensee must submit separation notification to the Board. Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 677.172 & ORS 677.265 History: OMB 1-2020, amend filed 01/16/2020, effective 01/16/2020 OMB 21-2012, f. & cert. ef. 8-3-12 OMB 12-2011, f. & cert. ef. 7-13-11 BME 16-2010, f. & cert. ef. 10-25-10 BME 8-2008, f. & cert. ef. 4-24-08
847-008-0020 Locum Tenens Registration (1) Any licensee who proposes to practice intermittently within Oregon and who does not qualify under OAR 847-008-0015 shall register and pay the biennial locum tenens registration fee. (2) The licensee practicing in Oregon with a locum tenens registration status may practice for a period not longer than two hundred and forty consecutive days in the biennium, or a total of two hundred and forty days on an intermittent basis in the biennium. A licensee practicing in Oregon with a locum tenens registration status who wishes to reactivate to active registration status, may be granted an additional ninety days to complete the reactivation process. (3) A volunteer camp physician, who provides medical care at a non-profit camp, shall practice with locum tenens registration status. The volunteer camp physician with locum tenens status may practice in Oregon for a period not longer than fourteen days per year. (4) A licensee who registers as locum tenens and who does not practice in Oregon during the biennium, shall be registered as inactive at the time of registration renewal, and shall be required to reactivate to locum tenens registration status prior to practicing in Oregon. (5) Requirements, procedures, and fees for a Locum Tenens registration shall be the same as for active registration. (6) Any licensee registered as locum tenens shall provide the Board with timely notification of the location and duration of each Oregon practice prior to beginning of such practice. (7) The licensee with locum tenens status who wishes to practice under a different license status must submit the reactivation application and fee and satisfactorily complete the reactivation process. Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 677.172 & 677.265 History: OMB 13-2025, amend filed 10/08/2025, effective 10/08/2025 OMB 3-2015, f. & cert. ef. 1-8-16 BME 2-2009, f. & cert. ef. 1-22-09 BME 11-2002, f. & cert. ef. 10-25-02 BME 7-2001, f. & cert. ef. 7-18-01 BME 6-2000, f. & cert. ef. 7-27-00 ME 3-1993, f. & cert. ef. 4-22-93 ME 5-1990, f. & cert. ef. 4-25-90
847-008-0022 Teleradiology Registration (1) Teleradiology is the electronic transmission of radiological images from one location to another for the purposes of interpretation or consultation. (2) A physician whose specialty is radiology or diagnostic radiology who practices in a location outside of Oregon and receives radiological images via teleradiology from an Oregon location for interpretation or consultation and who communicates his/her radiological findings back to the ordering physician is practicing teleradiology for Oregon. A physician practicing teleradiology for Oregon is not required to be licensed in Oregon. The Board, however, offers a license with Teleradiology active registration status for those physicians who require such for administrative reasons. (3) Physicians granted Teleradiology active status must register and pay a biennial active registration fee. (4) The physician with Teleradiology 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 History: OMB 3-2015, f. & cert. ef. 1-8-16 BME 8-2008, f. & cert. ef. 4-24-08 BME 2-2007, f. & cert. ef. 1-24-07 BME 14-2004, f. & cert. ef. 7-13-04