justicedao/ipfs_state_laws huggingface dataset:
847-035-0012 Duties of the Committee (1) The EMS Advisory Committee must: (a) Review requests for additions, amendments, or deletions to the scope of practice for emergency medical services providers, and recommend to the Board changes to the scope of practice. (b) Recommend requirements and duties of supervising physicians of emergency medical services providers; and (c) Recommend physician nominations for the State EMS Committee. (2) All actions of the EMS Advisory Committee are subject to review and approval by the Board. Statutory/Other Authority: ORS 682.245 Statutes/Other Implemented: ORS 677.265 & 682.245 History: OMB 30-2012, f. & cert. ef. 10-22-12 BME 12-2001, f. & cert. ef. 10-30-01
847-035-0020 Application and Qualifications for a Supervising Physician and Agent (1) The Board has delegated to the Authority the following: (a) Designing and administering the supervising physician and agent application; (b) Approving a supervising physician or agent, or determining that the supervising physician applicant does not meet the qualifications; and (c) Investigating and disciplining any emergency medical services provider who violates their scope of practice. (2) The Authority must provide copies of any supervising physician or agent applications and any emergency medical services provider disciplinary action reports to the Board upon request. (3) The Authority must immediately notify the Board when questions arise regarding the qualifications or responsibilities of the supervising physician or agent of the supervising physician. (4) A supervising physician and agent must meet the following qualifications: (a) Be a physician licensed under ORS 677.100 to 677.228, with an Active or Emeritus license status, and in good standing with the Board; (b) Possess thorough knowledge of skills assigned by standing order to emergency medical services providers; (c) Possess thorough knowledge of laws and rules of the State of Oregon pertaining to emergency medical services providers; and (d) Have completed or obtained one of the following within one calendar year after beginning the position as a supervising physician: (A) Thirty-six months of experience as an EMS Medical Director; (B) Completion of the one-day National Association of EMS Physicians (NAEMSP®) Medical Direction Overview Course, or an equivalent course as approved by the Authority; (C) Completion of the three-day National Association of EMS Physicians (NAEMSP®) National EMS Medical Directors Course and Practicum®, or an equivalent course as approved by the Authority; (D) Completion of an ACGME-approved Fellowship in EMS; or (E) Subspecialty board certification in EMS. (5) A supervising physician must meet ongoing education standards by completing or obtaining one of the following every two calendar years: (a) Attendance at one Oregon Health Authority EMS supervising physician’s forum; (b) Completion of an average of four hours of EMS-related continuing medical education per year; or (c) Participation in maintenance of certification in the subspecialty of EMS. Statutory/Other Authority: ORS 682.245 Statutes/Other Implemented: ORS 682.025 & ORS 682.245 History: OMB 16-2024, amend filed 10/09/2024, effective 10/09/2024 OMB 5-2018, amend filed 01/05/2018, effective 01/05/2018 OMB 30-2012, f. & cert. ef. 10-22-12 OMB 6-2012, f. & cert. ef. 2-10-12 ME 1-1996, f. & cert. ef. 2-15-96 ME 6-1991, f. & cert. ef. 7-24-91 ME 7-1985, f. & ef. 8-5-85 ME 5-1985, f. & ef. 5-6-85 ME 2-1985(Temp), f. & ef. 1-21-85 ME 13-1984, f. & ef. 8-2-84
847-035-0032 Emergency Medical Services Providers in the Event of an Emergency In the event of an emergency declared by the Governor of Oregon, emergency medical services providers may assist in patient care as directed by the supervising physician’s standing orders and within the protocols established by the State of Oregon EMS Medical Director, or a designee of the State of Oregon EMS Medical Director during the period of the declared emergency, subject to such limitations and conditions as the Governor or Oregon Medical Board may prescribe. Statutory/Other Authority: ORS 682.245 Statutes/Other Implemented: ORS 682.245 History: OMB 10-2020, adopt filed 09/09/2020, effective 09/09/2020 OMB 5-2020, temporary adopt filed 03/31/2020, effective 04/01/2020 through 09/27/2020
847-050-0010 Definitions As used in OAR 847-050-0010 to 847-050-0082: (1) "Board" means the Oregon Medical Board for the State of Oregon. (2) “Collaboration” has the meaning given in ORS 677.495, as indicated by the patient’s condition, community standards of care and a physician associate’s education, training and experience: (a) Consultation between the physician associate and a physician; or (b) Referral by the physician associate to a physician. (3) “Collaboration agreement” has the meaning given in ORS 677.495, a written agreement that describes the manner in which the physician associate collaborates with physicians, that does not assign supervisory responsibility to, or represent acceptance of legal responsibility by, a physician for the care provided by the physician associate and that is signed by the physician associate and the physician or physician associate’s employer. (4) “Community standards of care” has the meaning given in ORS 677.095, which is that degree of care, skill, and diligence that is used by ordinarily careful licensees in the same or similar circumstances in the licensee’s community or a similar community. (5) “Employer” has the meaning given in ORS 677.495: (a) An entity that employs a physician or podiatric physician and is organized to deliver health care services in this state: (A) In accordance with ORS 58.375 or 58.376, (B) In accordance with ORS chapter 63 as a limited liability company, or (C) In accordance with ORS chapter 67 as a limited liability partnership. (b) A group medical practice that is part of a health system; or (c) A physician who employs a physician associate. (6) “Physician” means a physician licensed under ORS 677.100 to 677.228 and includes a podiatric physician licensed under ORS 677.805 to 677.840. (7) "Physician associate" has the meaning given in ORS 677.495, a person who is licensed as such in accordance with ORS 677.265 and 677.495 through 677.535. Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 677.495, 677.510, 677.511, 677.512 & 677.515 History: OMB 17-2024, amend filed 10/10/2024, effective 10/10/2024 OMB 7-2024, amend filed 01/08/2024, effective 01/08/2024 OMB 16-2022, amend filed 07/12/2022, effective 07/15/2022 OMB 2-2018, amend filed 01/05/2018, effective 01/05/2018 OMB 9-2016, f. 7-8-16, cert. ef. 9-1-16 OMB 7-2012, f. & cert. ef. 2-10-12 OMB 32-2011(Temp), f. 12-15-11, cert. ef. 1-1-12 thru 6-29-12 Temporary Suspended by OBDD 28-2011(Temp), f. & cert. ef. 10-26-11 thru 4-10-12 OMB 21-2011(Temp), f. & cert. ef. 10-13-11 thru 4-10-12 BME 19-2010, f. & cert. ef. 10-25-10 BME 12-2006, f. & cert. ef. 5-8-06 BME 13-2003, f. & cert. ef. 7-15-03 BME 4-2002, f. & cert. ef. 4-23-02 ME 10-1992, f. & cert. ef. 7-17-92 ME 2-1990, f. & cert. ef. 1-29-90 ME 2-1982, f. & ef. 1-28-82 ME 4-1981(Temp), f. & ef. 10-20-81 ME 7-1980, f. & ef. 11-3-80 ME 4-1980(Temp), f. 8-5-80, ef. 8-6-80 ME 5-1979, f. & ef. 11-30-79 ME 1-1979, f. & ef. 1-29-79 ME 25, f. 1-20-72, ef. 2-1-72 ME 23(Temp), f. & ef. 10-12-71
847-050-0015 Application (1) Each application for the licensure of a physician associate must meet the licensing requirements as set forth in ORS 677.512. (2) When applying for licensure, the applicant must submit to the Board the completed application, fees, documents, letters, and any civil penalties or hearing costs that may be due. (3) No applicant is entitled to licensure who: (a) Has failed an examination for licensure in the State of Oregon; (b) Has had a license or certificate revoked or suspended in this or any other state unless the said license or certificate has been restored or reinstated and the applicant's license or certificate is in good standing in the state which had revoked the same; (c) Has been refused a license or certificate in any other state on any grounds other than failure in a medical licensure examination; or (d) Has been guilty of conduct similar to that which would be prohibited by or to which ORS 677.190 would apply. (4) A person applying for licensure under these rules who has not completed the licensure process within a 12 month consecutive period from date of receipt of the application must file a new application, documents, letters and pay a full filing fee as if filing for the first time. Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 677.265 & 677.512 History: OMB 17-2024, amend filed 10/10/2024, effective 10/10/2024 OMB 9-2024, amend filed 04/09/2024, effective 04/09/2024 OMB 7-2012, f. & cert. ef. 2-10-12 OMB 32-2011(Temp), f. 12-15-11, cert. ef. 1-1-12 thru 6-29-12 Temporary Suspended by OBDD 28-2011(Temp), f. & cert. ef. 10-26-11 thru 4-10-12 OMB 21-2011(Temp), f. & cert. ef. 10-13-11 thru 4-10-12 BME 19-2010, f. & cert. ef. 10-25-10 BME 13-2010(Temp), f. & cert. ef. 7-26-10 thru 1-10-11 BME 4-2002, f. & cert. ef. 4-23-02 ME 10-1992, f. & cert. ef. 7-17-92 ME 2-1990, f. & cert. ef. 1-29-90 ME 2-1982, f. & ef. 1-28-82 ME 4-1981(Temp), f. & ef. 10-20-81 ME 7-1980, f. & ef. 11-3-80 ME 4-1980(Temp), f. 8-5-80, ef. 8-6-80 ME 5-1979, f. & ef. 11-30-79 ME 1-1979, f. & ef. 1-29-79 ME 25, f. 1-20-72, ef. 2-1-72 ME 23(Temp), f. & ef. 10-12-71
847-050-0020 Qualifications On or after January 25, 2008, an applicant for licensure as a physician associate in this state must possess the following qualifications: (1) Have successfully completed a physician assistant or physician associate education program which is approved by the American Medical Association Committee on Allied Health Education and Accreditation (CAHEA), the Commission on Accreditation for Allied Health Education Programs (C.A.A.H.E.P.), or the Accreditation Review Commission on Education for the Physician Assistant (ARCPA). (2) Have passed the Physician Assistant National Certifying Examination (PANCE) given by the National Commission on Certification of Physician Assistants (NCCPA). (a) The applicant may take the PANCE once in a 90-day period or three times per calendar year, whichever is fewer. (A) The applicant has no more than four attempts in six years to pass the PANCE. If the applicant does not pass the PANCE within four attempts, the applicant is not eligible for licensure. (B) An applicant who has passed the NCCPA certification exam, but not within the four attempts required by this rule, may request a waiver of this requirement if he/she has current certification by the NCCPA. (b) Those who have met the requirements of section (1) of this rule may make application for a Limited License, Pending Examination before passing the PANCE examination with the stipulation that if the examination is not passed within one year from the date of application, the Board withdraws its approval. (3) Applicants seeking prescription privileges must meet the requirements specified in OAR 847-050-0041. Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 677.265 & 677.512 History: OMB 17-2024, amend filed 10/10/2024, effective 10/10/2024 OMB 5-2014, f. & cert. ef. 1-14-14 OMB 7-2012, f. & cert. ef. 2-10-12 OMB 32-2011(Temp), f. 12-15-11, cert. ef. 1-1-12 thru 6-29-12 Temporary Suspended by OBDD 28-2011(Temp), f. & cert. ef. 10-26-11 thru 4-10-12 OMB 21-2011(Temp), f. & cert. ef. 10-13-11 thru 4-10-12 BME 14-2010, f. & cert. ef. 7-26-10 BME 10-2010(Temp), f. & cert. ef. 4-26-10 thru 10-15-10 BME 6-2008, f. & cert. ef. 1-22-08 BME 6-2003, f. & cert. ef. 1-27-03 BME 1-2001, f. & cert. ef. 1-25-01 BME 2-2000, f. & cert. ef. 2-7-00 BME 1-1998, f. & cert. ef. 1-30-98 ME 17-1994, f. & cert. ef. 10-25-94 ME 5-1993, f. & cert. ef. 4-22-93 ME 10-1992, f. & cert. ef. 7-17-92 ME 2-1990, f. & cert. ef. 1-29-90 ME 5-1986, f. & ef. 4-23-86 ME 10-1984, f. & ef. 7-20-84 ME 2-1982, f. & ef. 1-28-82 ME 4-1981(Temp), f. & ef. 10-20-81 ME 7-1980, f. & ef. 11-3-80 ME 4-1980(Temp), f. 8-5-80, ef. 8-6-80 ME 5-1979, f. & ef. 11-30-79 ME 1-1979, f. & ef. 1-29-79 ME 25, f. 1-20-72, ef. 2-1-72 ME 23(Temp), f. & ef. 10-12-71
847-050-0023 Limited License, Pending Examination (1) An applicant for a Physician Associate license who has successfully completed a physician assistant education program approved by the American Medical Association Council on Allied Health Education and Accreditation (CAHEA), or the Commission on Accreditation for Allied Health Education Programs (CAAHEP), or the Accreditation Review Commission on Education for the Physician Assistant (ARCPA) but has not yet passed the Physician Assistant National Certifying Examination (PANCE) given by the National Commission for the Certification of Physician Assistants (NCCPA) may be issued a Limited License, Pending Examination, if the following are met: (a) The application file is complete to the satisfaction of the Board with the exception of pending certification by the NCCPA; (b) The applicant has not previously failed the NCCPA examination; and (c) The applicant has submitted the appropriate form and fee prior to being issued a Limited License, Pending Examination. (2) A Limited License, Pending Examination may include prescriptive privileges for Schedules III through V; (3) A Limited License, Pending Examination may be granted for a period of six months. (4) Upon receipt of verification that the applicant has passed the NCCPA examination, and if their application file is otherwise satisfactorily complete, the applicant will be considered for a permanent license. (5) The Limited License, Pending Examination will automatically expire if the applicant fails the NCCPA examination. Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 677.132 & 677.535 History: OMB 17-2024, amend filed 10/10/2024, effective 10/10/2024 OMB 16-2022, amend filed 07/12/2022, effective 07/15/2022 OMB 11-2018, amend filed 10/13/2018, effective 10/13/2018 OMB 15-2014, f. & cert. ef. 10-8-14 OMB 5-2014, f. & cert. ef. 1-14-14 OMB 7-2012, f. & cert. ef. 2-10-12 OMB 32-2011(Temp), f. 12-15-11, cert. ef. 1-1-12 thru 6-29-12 Temporary Suspended by OBDD 28-2011(Temp), f. & cert. ef. 10-26-11 thru 4-10-12 OMB 21-2011(Temp), f. & cert. ef. 10-13-11 thru 4-10-12 BME 13-2003, f. & cert. ef. 7-15-03 BME 14-2002, f. & cert. ef. 10-25-02 ME 9-1995, f. & cert. ef. 7-28-95 ME 5-1993, f. & cert. ef. 4-22-93
847-050-0025 Interview and Examination (1) In addition to all other requirements for licensure, the Board may require the applicant to appear for a personal interview regarding information received in the application process. 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. (2) The applicant is required to pass an open-book examination on the Medical Practice Act (ORS chapter 677) and Oregon Administrative Rules (OAR) chapter 847, division 050. If an applicant fails the open-book examination three times, the applicant’s application will be reviewed by the Board. An applicant who has failed the open-book examination three times must also attend an informal meeting with a Board member, the Executive Director, a Board investigator and/or the Medical Director of the Board to discuss the applicant’s failure of the examination, before being given a fourth and final attempt to pass the examination. If the applicant does not pass the examination on the fourth attempt, the applicant may be denied licensure. Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 677.100, 677.190, 677.265 & 677.512 History: OMB 14-2016, f. & cert. ef. 10-7-16 OMB 1-2016, f. & cert.ef. 1-8-16 OMB 10-2015(Temp), f. 10-13-15, cert. ef. 1-1-16 thru 6-28-16 OMB 6-2014, f. & cert. ef. 1-14-14 OMB 7-2012, f. & cert. ef. 2-10-12 OMB 32-2011(Temp), f. 12-15-11, cert. ef. 1-1-12 thru 6-29-12 Temporary Suspended by OBDD 28-2011(Temp), f. & cert. ef. 10-26-11 thru 4-10-12 OMB 21-2011(Temp), f. & cert. ef. 10-13-11 thru 4-10-12 BME 13-2006, f. & cert. ef. 5-8-06 BME 13-2003, f. & cert. ef. 7-15-03 BME 11-1998, f. & cert. ef. 7-22-98 ME 9-1995, f. & cert. ef. 7-28-95 ME 10-1992, f. & cert. ef. 7-17-92 ME 2-1990, f. & cert. ef. 1-29-90 ME 8-1985, f. & ef. 8-5-85 ME 2-1982, f. & ef. 1-28-82 ME 4-1981(Temp), f. & ef. 10-20-81 ME 7-1980, f. & ef. 11-3-80 ME 4-1980(Temp), f. 8-5-80, ef. 8-6-80 ME 5-1979, f. & ef. 11-30-79 ME 1-1979, f. & ef. 1-29-79 ME 25, f. 1-20-72, ef. 2-1-72 ME 23(Temp), f. & ef. 1-12-71
847-050-0029 Locum Tenens Assignments (1) Locum tenens means a temporary absence by the physician associate which is filled by a substitute physician associate. (2) The substitute physician associate who is filling the locum tenens assignment must be currently licensed in Oregon with practicing registration status and enter into a collaboration agreement. Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 677.265 & 677.510 History: OMB 17-2024, amend filed 10/10/2024, effective 10/10/2024 OMB 7-2024, amend filed 01/08/2024, effective 01/08/2024 OMB 16-2022, amend filed 07/12/2022, effective 07/15/2022 OMB 7-2012, f. & cert. ef. 2-10-12 OMB 32-2011(Temp), f. 12-15-11, cert. ef. 1-1-12 thru 6-29-12 Temporary Suspended by OBDD 28-2011(Temp), f. & cert. ef. 10-26-11 thru 4-10-12 OMB 21-2011(Temp), f. & cert. ef. 10-13-11 thru 4-10-12 BME 14-2010, f. & cert. ef. 7-26-10 BME 11-2005, f. & cert. ef. 10-12-05 BME 6-2003, f. & cert. ef. 1-27-03 ME 7-1990, f. & cert. ef. 4-25-90 ME 2-1990, f. & cert. ef. 1-29-90 ME 1-1986, f. & ef. 1-21-86
847-050-0035 Grounds for Discipline (1) The performance of unauthorized medical services by the physician associate constitutes a violation of the Medical Practice Act. The physician associate is subject to disciplinary action for violations. Proceedings under these rules are conducted in the manner specified in ORS 677.200. (2) In addition to any of the reasons cited in ORS 677.190, the Board may refuse to grant, or may suspend or revoke a license to practice as a physician associate for any of the following reasons: (a) The physician associate has held themselves out, or permitted another to represent the physician associate to be a licensed physician. (b) The physician associate has in fact performed medical services without entering into a collaboration agreement. (c) The physician associate has performed medical services beyond the physician associate's competence, education, training, experience, or outside the collaboration agreement as stated in OAR 847-050-0082. This is not intended to limit the ability of a physician associate to learn new procedures. Statutory/Other Authority: ORS 677.190, 677.205 & 677.265 Statutes/Other Implemented: ORS 677.190, 677.205, 677.265 & 677.505 History: OMB 17-2024, amend filed 10/10/2024, effective 10/10/2024 OMB 7-2024, amend filed 01/08/2024, effective 01/08/2024 OMB 16-2022, amend filed 07/12/2022, effective 07/15/2022 OMB 5-2022, amend filed 01/11/2022, effective 01/15/2022 OMB 7-2012, f. & cert. ef. 2-10-12 OMB 32-2011(Temp), f. 12-15-11, cert. ef. 1-1-12 thru 6-29-12 Temporary Suspended by OBDD 28-2011(Temp), f. & cert. ef. 10-26-11 thru 4-10-12 OMB 21-2011(Temp), f. & cert. ef. 10-13-11 thru 4-10-12 BME 23-2007, f. & cert. ef. 10-24-07 ME 2-1990, f. & cert. ef. 1-29-90 ME 2-1982, f. & ef. 1-28-82 ME 4-1981(Temp), f. & ef. 10-20-81 ME 7-1980, f. & ef. 11-3-80 ME 4-1980(Temp), f. 8-5-80, ef. 8-6-80 ME 5-1979, f. & ef. 11-30-79 ME 1-1979, f. & ef. 1-29-79 ME 25, f. 1-20-72, ef. 2-1-72 ME 23(Temp), f. & ef. 10-12-71
847-050-0043 Inactive Registration and Re-Entry to Practice (1) Any physician associate licensed in this state who changes location to some other state or country, or who is not in a current collaboration relationship with a licensed physician or employer for six months or more, will be listed by the Board as inactive. (2) If the physician associate wishes to resume active status to practice in Oregon, the physician associate must submit the reactivation application and fee, satisfactorily complete the reactivation process and be approved by the Board before beginning active practice in Oregon. (3) The Board may deny active registration if it judges the conduct of the physician associate during the period of inactive registration to be such that the physician associate would have been denied a license if applying for an initial license. (4) If a physician associate applicant has ceased practice for a period of 12 or more consecutive months immediately preceding the application for licensure or reactivation, the applicant may be required to do one or more of the following: (a) Obtain certification or re-certification by the National Commission on the Certification of Physician Assistants (NCCPA); (b) Provide documentation of current NCCPA certification; or (c) Complete 30 hours per year of Category I continuing medical education acceptable to the Board. (5) The physician associate applicant who has ceased practice for a period of 24 or more consecutive months is 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 re-entry plan may contain one or more of the requirements listed in section (4) of this rule and such additional requirements as determined appropriate by the Board. Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 677.172, 677.175 & 677.512 History: OMB 17-2024, amend filed 10/10/2024, effective 10/10/2024 OMB 16-2022, amend filed 07/12/2022, effective 07/15/2022 OMB 10-2016, f. & cert. ef. 10-7-16 OMB 3-2015, f. & cert. ef. 1-8-16 OMB 11-2014, f. & cert. ef. 4-9-14 OMB 7-2012, f. & cert. ef. 2-10-12 OMB 32-2011(Temp), f. 12-15-11, cert. ef. 1-1-12 thru 6-29-12 OMB 29-2011, f. & cert. ef. 10-27-11 Temporary Suspended by OBDD 28-2011(Temp), f. & cert. ef. 10-26-11 thru 4-10-12 OMB 21-2011(Temp), f. & cert. ef. 10-13-11 thru 4-10-12 BME 25-2008, f. & cert. ef. 10-31-08 BME 2-2000, f. & cert. ef. 2-7-00 BME 11-1998, f. & cert. ef. 7-22-98 ME 5-1996, f. & cert. ef. 7-26-96 ME 10-1992, f. & cert. ef. 7-17-92 ME 2-1990, f. & cert. ef. 1-29-90 ME 12-1986, f. & ef. 7-31-86
847-050-0046 Emeritus Status A physician associate with Emeritus status pursuant OAR 847-008-0030 must enter into a collaboration agreement, prior to starting any temporary or volunteer assignments. Statutory/Other Authority: ORS 677.265 & 677.545 Statutes/Other Implemented: ORS 677.265, 677.510 & 677.515 History: OMB 17-2024, amend filed 10/10/2024, effective 10/10/2024 OMB 7-2024, amend filed 01/08/2024, effective 01/08/2024 OMB 16-2022, amend filed 07/12/2022, effective 07/15/2022 OMB 7-2012, f. & cert. ef. 2-10-12 OMB 32-2011(Temp), f. 12-15-11, cert. ef. 1-1-12 thru 6-29-12 Temporary Suspended by OBDD 28-2011(Temp), f. & cert. ef. 10-26-11 thru 4-10-12 OMB 21-2011(Temp), f. & cert. ef. 10-13-11 thru 4-10-12 BME 9-2010, f. & cert. ef. 4-26-10