justicedao/ipfs_state_laws huggingface dataset:
847-065-0060 Completion Requirements (1) The time spent participating in a monitored program before transferring from the Health Professionals Program to the Health Professionals’ Services Program effective July 1, 2010, will be counted toward the required term of monitored practice. (2) Licensees who receive a diagnosis of substance use disorder, mild, or have a mental health diagnosis without substance use disorder must be enrolled in the program for a minimum of two years. These licensees may be required to be enrolled for a longer period if the evaluator or contractor is able to document concerns for the safety of the public or licensee or if otherwise directed by the Oregon Medical Board. (3) Licensees who receive a diagnosis of substance use disorder, moderate or severe, with or without a mental health disorder, must be enrolled in the program for a minimum of five years. These licensees may be required to be enrolled for a longer period of time if the evaluator or contractor is able to document concerns for the safety of the public or licensee or if otherwise directed by the Oregon Medical Board. (4) The Board-referred licensee must have complied with the licensee’s monitoring agreement to the satisfaction of the Board. The self-referred licensee must have complied with the licensee’s monitoring agreement to the satisfaction of the contractor. Statutory/Other Authority: ORS 676.190, 677.265 & 676.200 Statutes/Other Implemented: ORS 676.185 - 676.200 History: OMB 19-2022, amend filed 10/12/2022, effective 10/12/2022 OMB 38-2013, f. & cert. ef. 10-15-13 OMB 22-2013(Temp), f. 8-2-13, cert. ef. 8-3-13 thru 1-30-14 OMB 33-2012, f. & cert. ef. 10-22-12 OMB 17-2012(Temp), f. & cert. ef. 7-31-12 thru 1-15-13 OMB 9-2011, f. & cert. ef. 4-25-11 BME 20-2010, f. & cert. ef. 10-25-10 BME 15-2010(Temp), f. & cert. ef. 8-3-10 thru 1-18-11
847-065-0065 Substantial Non-Compliance Criteria (1) The contractor will report substantial non-compliance with a monitoring agreement to the Board within one business day after the contractor learns of the substantial non-compliance, including but not limited to information that a licensee: (a) Engaged in criminal behavior; (b) Engaged in conduct that caused injury, death or harm to the public, including engaging in sexual impropriety with a patient; (c) Was impaired in a health care setting in the course of the licensee’s employment; (d) Received a positive toxicology test result; (e) Violated a restriction on the license’s practice imposed by the contractor or the Board; (f) Was civilly committed for mental illness; (g) Entered into a monitoring agreement, but failed to participate in the HPSP; (h) Was referred to the HPSP, but failed to enroll in the HPSP; (i) Forged, tampered with, or modified a prescription; (j) Violated any rules of prescriptive authority; (k) Violated any provisions of OAR 847-065-0055; (l) Violated any terms of the monitoring agreement; or (m) Failed to complete the monitored practice requirements as stated in OAR 847-065-0060. (2) The Board will review reports from the program. The Board may request the contractor to provide the licensee’s complete record, and the contractor must send these records to the Board as long as a valid release of information is in place. (3) If the Board conducts an investigation and finds that a licensee has been substantially non-compliant with a monitoring agreement, the Board may pursue disciplinary action in accordance with ORS 677.200. Statutory/Other Authority: ORS 676.190, 677.265 & 676.200 Statutes/Other Implemented: ORS 676.190, 676.185, 676.200, 676.194 & OL 2025, chapter 499, sections 2-3 History: OMB 4-2026, amend filed 01/12/2026, effective 01/12/2026 OMB 19-2022, amend filed 10/12/2022, effective 10/12/2022 OMB 38-2013, f. & cert. ef. 10-15-13 OMB 22-2013(Temp), f. 8-2-13, cert. ef. 8-3-13 thru 1-30-14 OMB 33-2012, f. & cert. ef. 10-22-12 OMB 17-2012(Temp), f. & cert. ef. 7-31-12 thru 1-15-13 OMB 9-2011, f. & cert. ef. 4-25-11 BME 20-2010, f. & cert. ef. 10-25-10 BME 15-2010(Temp), f. & cert. ef. 8-3-10 thru 1-18-11
847-065-0070 Licensees with Primary Residence or Work Site Outside of Oregon If a licensee’s primary residence or work site is located outside the State of Oregon, the licensee must enroll in the HPSP, in accordance with OAR 847-065-0025 and 847-065-0030 for Board-referred or 847-065-0035 for self-referred licensees, and may choose to be monitored by the out-of-state’s health professional program if the following conditions are met: (1) The other state’s health professional program is substantially similar to the relevant Oregon statutes and rules. It is the duty of the contractor to verify this information and notify the Board of any discrepancies; (2) The other state’s health professional program sends quarterly reports on the licensee to the contractor; and (3) The other state’s health professional program will promptly report any substantial non-compliance with the licensee’s monitoring agreement to the contractor. Statutory/Other Authority: ORS 676.190, 677.265 & 676.200 Statutes/Other Implemented: ORS 676.190, 676.185, 676.200, 676.194 & OL 2025, chapter 499, sections 2-3 History: OMB 4-2026, amend filed 01/12/2026, effective 01/12/2026 OMB 19-2022, amend filed 10/12/2022, effective 10/12/2022 OMB 33-2012, f. & cert. ef. 10-22-12 OMB 17-2012(Temp), f. & cert. ef. 7-31-12 thru 1-15-13 OMB 9-2011, f. & cert. ef. 4-25-11
847-070-0007 Practice of Acupuncture (1) No person may practice acupuncture without first obtaining a license to practice medicine and surgery or a license to practice acupuncture from the Oregon Medical Board. (2) A physician who desires to be approved as a clinical supervisor must meet the requirements of OAR 847-070-0015. Statutory/Other Authority: ORS 677.265, 677.756 & 677.759 Statutes/Other Implemented: ORS 677.759 History: OMB 3-2015, f. & cert. ef. 1-13-15 ME 4-1995, f. & cert. ef. 5-3-95 ME 6-1984, f. & ef. 1-20-84
847-070-0015 Application (1) Every applicant must satisfactorily complete an application and document evidence of qualifications listed in OAR 847-070-0016 to the satisfaction of the Board. Such application and documentation must be complete before an applicant may be considered eligible for licensure. (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) False documentation is grounds for denial of licensure or disciplinary action by the Board. (4) An applicant applying for licensure under these rules who has not completed the licensure process within a 12 month consecutive period must file a new application, documents, letters and pay a full filing fee as if filing for the first time. (5) No applicant is entitled to licensure who: (a) Has had his/her 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; (b) Has been refused a license or certificate in any other state on any grounds other than failure in an acupuncture licensure examination; or (c) Has been guilty of conduct similar to that which would be prohibited by or to which ORS 677.190 would apply. Statutory/Other Authority: ORS 677.265 & 677.759 Statutes/Other Implemented: ORS 677.759 History: OMB 9-2024, amend filed 04/09/2024, effective 04/09/2024 OMB 3-2015, f. & cert. ef. 1-13-15 BME 5-1998, f. & cert. ef. 4-22-98 ME 5-1997, f. & cert. ef. 11-3-97 ME 11-1995, f. & cert. ef. 11-21-95 ME 4-1995, f. & cert. ef. 5-3-95 ME 6-1994, f. & cert. ef. 1-24-94 ME 11-1993, f. & cert. ef. 7-27-93 ME 7-1993(Temp), f. 4-22-93, cert. ef. 4-23-93 ME 6-1993, f. & cert. ef. 4-22-93 ME 1-1992, f. & cert. ef. 1-21-92 ME 8-1991, f. & cert. ef. 7-24-91 ME 3-1991(Temp), f. & cert. ef. 4-19-91 ME 22-1989, f. & cert. ef. 10-20-89 ME 8-1988, f. 6-10-88, cert. ef. 6-6-88 ME 24-1987, f. & ef. 10-29-87 ME 19-1987(Temp), f. & ef. 8-7-87 ME 6-1987, f. & ef. 1-23-87 ME 13-1986, f. & ef. 7-31-86 ME 10-1985, f. & ef. 8-5-85 ME 1-1985, f. & ef. 1-21-85 ME 6-1984, f. & ef. 1-20-84 ME 9-1982, f. & ef. 10-27-82 ME 2-1981, f. & ef. 2-3-81 ME 2-1980, f. & ef. 1-30-80 ME 4-1979, f. & ef. 5-1-79 ME 31, f. 9-9-75, ef. 10-11-75
847-070-0017 Clinical Training (1) A clinical supervisor must meet the following requirements: (a) Be an actively licensed Oregon acupuncturist who has practiced as an acupuncturist for a period of at least five years, and is in good standing with the Board; or (b) Be an actively licensed Oregon physician who is in good standing with the Board, who has been practicing acupuncture for a period of at least five years, and has passed the examination for acupuncture; or (c) Be an acupuncturist or physician licensed, registered, or certified by another jurisdiction, who is in good standing with such jurisdiction, who has been practicing acupuncture for a period of a least five years and has passed a qualifying examination for acupuncture, or been certified in acupuncture by the National Certification Board for Acupuncture and Herbal Medicine (NCBAHM) through its Credentials Documentation Examination. If a portion of those five or more years was prior to licensing, registration, or certification, then prior practice must be documented to the Board's satisfaction. The NCBAHM Certification Standards for Documentation will be used. All clinical supervisors under this section are subject to Board approval. (2) Board approved clinical supervisors, acupuncturists or physicians may supervise no more than two acupuncture students in an informal private clinical setting. (3) An “acupuncture student” is an individual: (a) Enrolled in a school approved to offer credit for post-secondary clinical education in Oregon; or (b) A practitioner licensed to practice acupuncture in another state or foreign country who is enrolled in clinical training provided by a clinical supervisor approved by the Oregon Medical Board. (4) An acupuncture student must comply with OAR 847-070-0005 to 847-070-0055. (5) An acupuncture student may not perform any act that constitutes the practice of medicine or the practice of acupuncture, except under direct supervision of a person approved by the Board as a clinical supervisor to provide clinical training as described in this rule. Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 677.060(3) History: OMB 5-2026, amend filed 01/12/2026, effective 01/12/2026 OMB 2-2024, amend filed 01/08/2024, effective 01/08/2024 BME 15-2000, f. & cert. ef. 10-30-00 BME 5-1999, f. & cert. ef. 4-22-99 ME 6-1994, f. & cert. ef. 1-24-94 ME 6-1993, f. & cert. ef. 4-22-93 ME 8-1988, f. 6-10-88, cert. ef. 6-6-88 ME 13-1986, f. & ef. 7-31-86 ME 10-1985, f. & ef. 8-5-85 ME 14-1984, f. & ef. 8-2-84 ME 6-1984, f. & ef. 1-20-84
847-070-0019 Interview and Examination (1) In addition to all other requirements for licensure, the Board may require an applicant to appear for a personal interview regarding information received in the application process. Unless excused in advance, failure to appear before a Committee of the Board for a personal interview violates ORS 677.190(17) and may subject the applicant to disciplinary action. (2) If there is reasonable cause to question the qualifications of an applicant, the Board in its discretion may require the applicant to do one or more of the following: (a) Obtain certification or re-certification in Acupuncture or Oriental Medicine by the National Certification Board for Acupuncture and Herbal Medicine (NCBAHM); (b) Pass an evaluation which may be written, oral, practical, or any combination thereof; (c) Provide documentation of current NCBAHM Acupuncture certification; (d) Complete 15 hours of continuing education acceptable to the Board for every year the applicant has ceased practice prior to application for Oregon licensure. Continuing education that meets NCBAHM’s recertification requirements would qualify as Board-approved continuing education; (e) Complete a Board-approved mentorship tailored to the applicant’s time out of practice under a Board-approved mentor who must individually supervise the applicant. The mentor must report the successful completion of the mentorship to the Board. (3) An applicant must pass an open-book examination on the Medical Practice Act (ORS Chapter 677) and Oregon Administrative Rules (OAR chapter 847, division 70). If an applicant fails the examination three times, the applicant must attend an informal meeting with a Board member, the Executive Director, a Board investigator 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 & 677.759 Statutes/Other Implemented: ORS 677.759 History: OMB 5-2026, amend filed 01/12/2026, effective 01/12/2026 OMB 3-2019, amend filed 10/10/2019, effective 10/10/2019 OMB 14-2016, f. & cert. ef. 10-7-16 OMB 3-2015, f. & cert. ef. 1-13-15 OMB 8-2014, f. & cert. ef. 1-14-14 BME 5-2009, f. & cert. ef. 1-22-09 BME 21-2006, f. & cert. ef. 10-23-06 BME 12-2005, f. & cert. ef. 10-12-05
847-070-0020 Regulation of Activities of Acupuncturists (1) An individual other than a physician who is not authorized by the Board to engage in the practice of acupuncture shall not administer acupuncture treatment to any other individual. (2) An acupuncturist shall report promptly to the referring physician, if requested, the method of acupuncture treatment and the results of such treatment together with such other information as the referring physician requires to maintain the records regarding acupuncture treatment. (3) An acupuncturist must clearly indicate that he/she is an acupuncturist to individuals being treated. The acupuncturist must wear a name tag with the designation "Acupuncturist" thereon when practicing in a hospital or clinic setting where other health care providers practice. Acupuncturists are not required to wear name tags in a private practice setting. (4) An acupuncturist shall not represent him/herself as a physician or permit another to so represent him/her. (5) As provided in ORS 676.110, an acupuncturist who has earned a doctoral degree in acupuncture may use the title “doctor” in connection with the practice of acupuncture if: (a) The doctoral degree program holds federally recognized accreditation, and (b) The specific doctoral degree is designated in all professional communications as required by ORS 676.110(2). (6) An acupuncturist may engage in the practice of acupuncture via telemedicine for patients located in Oregon. Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 677.759 & ORS 676.110 History: OMB 5-2023, amend filed 01/11/2023, effective 01/11/2023 OMB 6-2021, amend filed 07/12/2021, effective 07/12/2021 BME 5-2009, f. & cert. ef. 1-22-09 BME 16-1999, f. & cert. ef. 10-28-99 ME 6-1984, f. & ef. 1-20-84 ME 9-1982, f. & ef. 10-27-82 ME 4-1979, f. & ef. 5-1-79 ME 31, f. 9-9-75, ef. 10-11-75
847-070-0022 Documents to be Submitted for Licensure The documents submitted must be legible and no larger than 8 ½" x 11". All documents and photographs will be retained by the Board as a permanent part of the application file. If original documents are larger than 8 ½" x 11", the copies must be reduced to the correct size with all wording and signatures clearly shown. Official translations are required for documents issued in a foreign language. The following documents are required: (1) Application: Completed formal application provided by the Board. Required dates must include month, day and year. (2) Birth Certificate: A copy of birth certificate and a copy of Change of Name documentation, Marriage Certificate, or Divorce Decree if the applicant’s name has been changed by court order, adoption, marriage, divorce, etc. (3) Acupuncture School Diploma: A copy of a diploma showing graduation from an approved school of acupuncture for those applicants who qualify under OAR 847-070-0016(1). (4) Photograph: A close-up, passport-quality photograph, front view, head and shoulders (not profile), with features distinct, taken within 90 days preceding the filing of the application. (5) A letter from the Dean of the applicant’s program of acupuncture for those applicants who qualify under OAR 847-070-0016(1). (6) A letter from the National Certification Board for Acupuncture and Herbal Medicine (NCBAHM) verifying current certification in acupuncture by the NCBAHM for those applicants who qualify under OAR 847-070-0016(1) or (2). (7) If requested by the Board, a letter verifying licensure in good standing from the state or states of all prior and current health-related licensure. (8)(a) A letter from the Director or other official for practice and employment to include a statement regarding eligibility for rehire and specific beginning and ending dates of practice and employment, for the past five (5) years only. (b) If the applicant has ceased practice for more than two (2) years, employment verifications will be required for the past ten (10) years or redacted patient logs from the past five (5) years. (c) If such verification is unavailable or incomplete, and for acupuncturists who have been or are in solo practice, three reference letters from acupuncturists in the local treatment community who are familiar with the applicant’s practice and who have known the applicant for more than six months. Statutory/Other Authority: ORS 677.265 & 677.759 Statutes/Other Implemented: ORS 677.275 & 677.759 History: OMB 5-2026, amend filed 01/12/2026, effective 01/12/2026 OMB 13-2024, amend filed 07/15/2024, effective 07/15/2024 OMB 23-2022, amend filed 10/12/2022, effective 10/12/2022 OMB 3-2015, f. & cert. ef. 1-13-15 BME 19-2007, f. & cert. ef. 10-24-07 BME 21-2006, f. & cert. ef. 10-23-06
847-070-0024 Application for Licensure by Military Spouse or Domestic Partner (1) “Military spouse or domestic partner” means a spouse or domestic partner of an active member of the Armed Forces of the United States who is the subject of a military transfer to Oregon. (2) To qualify for licensure under this rule, the military spouse or domestic partner must: (a) Meet the qualifications for licensure as stated in OAR 847-070-0016; (b) Be married to, or in a domestic partnership with, a member of the Armed Forces of the United States who is assigned to a duty station located in Oregon by official active duty military order; (c) Be licensed to practice acupuncture in another state or territory of the United States; (d) Be in good standing, with no restrictions or limitations upon, actions taken against, or investigation or disciplinary action pending against his or her license in any jurisdiction where the applicant is or has been licensed; and (e) Demonstrate competency by having at least one year of active practice or teaching of acupuncture during the three years immediately preceding the application. (3) If a military spouse or domestic partner applies for a license to practice acupuncture, the Board may accept: (a) A copy of the acupuncture school diploma to fulfill the requirement for a letter from the Dean of the applicant’s acupuncture school; and (b) Verification of licensure in good standing from the jurisdiction of current or most recent practice of acupuncture to fulfill the requirement of verifications of licensure from all jurisdictions of prior and current health related licensure. (4) In addition to the documents required in section (3) of this rule and in OAR 847-070-0022, the military spouse or domestic partner must submit a copy of the: (a) Marriage certificate or domestic partnership registration with the name of the applicant and the name of the active duty member of the Armed Forces of the United States; and (b) Assignment to a duty station located in Oregon by official active duty military order for the spouse or domestic partner named in the marriage certificate or domestic partnership registration. (5) A military spouse or domestic partner may obtain a temporary authorization for a license to practice medicine after satisfying sections (2) through (4) of this rule. Statutory/Other Authority: ORS 677.265, Oregon Laws 2019, chapter 142 (HB 3030) & Oregon Laws 2019, chapter 626 (SB 688) Statutes/Other Implemented: ORS 677.275, ORS 677.759, ORS 676.308, Oregon Laws 2019, chapter 142 (HB 3030) & Oregon Laws 2019, chapter 626 (SB 688) History: OMB 3-2020, amend filed 01/16/2020, effective 01/16/2020 OMB 35-2013, f. & cert. ef. 10-15-13 OMB 21-2013(Temp), f. 8-2-13, cert. ef. 8-3-13 thru 1-30-14
847-070-0025 Disciplinary Proceedings The Board may suspend or revoke the authority of an acupuncturist to engage in the practice of acupuncture and any disciplinary proceedings against an acupuncturist or any individual charged with the unlawful practice of acupuncture shall be in accordance with ORS Chapter 183. Statutory/Other Authority: ORS 183 & 677 Statutes/Other Implemented: ORS 677.190 History: ME 9-1982, f. & ef. 10-27-82 ME 4-1979, f. & ef. 5-1-79 ME 31, f. 9-9-75, ef. 10-11-75
847-070-0030 Revocation or Suspension of Authority to Engage in the Practice of Acupuncture The Board may suspend or revoke the authority of an acupuncturist to engage in the practice of acupuncture if the Board finds that: (1) The acupuncturist has represented him/herself as a physician or permitted another to so represent him/her. (2) The acupuncturist has performed any act involving the practice of acupuncture in violation of any applicable law or rules regulating the practice of acupuncture. (3) The acupuncturist has engaged in conduct constituting gross negligence in the practice of acupuncture. (4) The acupuncturist is manifestly incapable to engage in the practice of acupuncture. (5) The acupuncturist has violated any of the provisions of ORS 677.190. Statutory/Other Authority: ORS 677 Statutes/Other Implemented: ORS 677.190 History: ME 6-1984, f. & ef. 1-20-84 ME 9-1982, f. & ef. 10-27-82 ME 4-1979, f. & ef. 5-1-79 ME 31, f. 9-9-75, ef. 10-11-75