justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 677 — Regulation of Medicine,

ORS 677.172. Change of location of practice; effect. (1) Any person licensed to practice under this chapter who changes location during the period between any two registration dates shall notify the Oregon Medical Board of the change within 30 days after such change. (2) Any person who is newly licensed by the board to practice under this chapter during the period between any two registration dates shall immediately register and pay the registration fee for that period. (3)(a) Any person licensed under this chapter who changes location of practice to some other state or country shall be listed by the board as inactive. Absence from the state of a person licensed by the board does not affect the validity of the license if the licensee notifies the board of such absence from the state and pays the inactive registration fee during such absence. (b) Before resuming practice in the state, the licensee shall notify the board of the intention to resume active practice in the state and obtain a certificate of active registration for the renewal period during which the licensee returns. The fee shall be the active registration fee less any inactive registration fee previously paid for that renewal period. (c) The licensee shall file an affidavit with the board describing medically related activities during the period of inactive registration. If, in the judgment of the board, the conduct of the licensee has been, during the period of inactive registration, such that the licensee would have been denied a license if applying for an initial license, the board may deny active registration and may take further action as appropriate. [1991 c.485 2] Note:
ORS Chapter 677 — Regulation of Medicine,

ORS 677.175. Retirement; cessation of practice. (1) A person licensed to practice under this chapter may retire from practice by notifying the Oregon Medical Board in writing of such intention to retire. Upon receipt of this notice the board shall record the fact that the person is retired and excuse such person from further payment of registration fees. During the period of retirement no such person may practice. If a retired licensee desires to return to practice, the licensee shall apply to the board in writing for active registration. The board shall take action on the application as if the licensee were listed by the board as inactive and applying for active registration. (2) If a person licensed to practice under this chapter ceases to practice for a period of 12 or more consecutive months, the board in its discretion may require the person to prove to its satisfaction that the licensee has maintained competence. (3) The surrender, retirement or other forfeiture, expiration or cancellation of a license issued by the board shall not deprive the board of its authority to institute or continue a disciplinary action against the licensee upon any ground provided by law.
ORS Chapter 677 — Regulation of Medicine,

ORS 677.180. [Amended by 1967 c.470 26; 1983 c.486 19; repealed by 1989 c.830 49] LICENSEE CONDUCT
ORS Chapter 677 — Regulation of Medicine,

ORS 677.184. License to show degree held; display of license; use of degree on stationery and in displays. (1) On each license issued by it, the Oregon Medical Board shall enter after the name of the person holding the license the degree to which the person is entitled by reason of the diploma of graduation from a school of medicine which, at the time of the graduation of such person, was approved by the board for purposes of ORS 677.100. (2) The license shall be displayed in a prominent place in the licensees office. (3) In every letter, business card, advertisement, prescription blank, sign, public listing or display in connection with the profession of the person, each person licensed to practice medicine in this state shall designate the degree appearing on the license of the person pursuant to subsection (1) of this section. Action taken by the board under ORS 677.190 for failure to comply with this subsection does not relieve a person from criminal prosecution for violation of ORS 676.110 and 676.120.
ORS Chapter 677 — Regulation of Medicine,

ORS 677.188. Definitions for ORS 677.190. As used in ORS 677.190, unless the context requires otherwise: (1) Fraud or misrepresentation means the intentional misrepresentation or misstatement of a material fact, concealment of or failure to make known any material fact, or any other means by which misinformation or a false impression knowingly is given. (2) Fraudulent claim means a claim submitted to any patient, insurance or indemnity association, company or individual for the purpose of gaining compensation, which the person making the claim knows to be false. (3) Manifestly incurable condition, sickness, disease or injury means one that is declared to be incurable by competent physicians or by other recognized authority. (4) Unprofessional or dishonorable conduct means conduct unbecoming a person licensed to practice medicine or podiatry, or detrimental to the best interests of the public, and includes: (a) Any conduct or practice contrary to recognized standards of ethics of the medical or podiatric profession or any conduct or practice which does or might constitute a danger to the health or safety of a patient or the public or any conduct, practice or condition which does or might adversely affect a physicians ability safely and skillfully to practice medicine or podiatry; (b) Willful performance of any surgical or medical treatment which is contrary to acceptable medical standards; and (c) Willful and repeated ordering or performance of unnecessary laboratory tests or radiologic studies; administration of unnecessary treatment; employment of outmoded, unproved or unscientific treatments; failure to obtain consultations when failing to do so is not consistent with the standard of care; or otherwise utilizing medical service for diagnosis or treatment which is or may be considered inappropriate or unnecessary.
ORS Chapter 677 — Regulation of Medicine,

ORS 677.200. Disciplinary procedure. Except as provided in ORS 677.202 or 677.205 (1)(a), any proceeding for disciplinary action of a licensee licensed under this chapter shall be substantially in accord with the following procedure: (1) A written complaint of some person, not excluding members or employees of the Oregon Medical Board, shall be verified and filed with the board. (2) A hearing shall be given to the accused in accordance with ORS chapter 183 as a contested case.
ORS Chapter 677 — Regulation of Medicine,

ORS 677.202. When procedure inapplicable. ORS 677.200 does not apply in cases where the license of a person to practice under this chapter has been suspended automatically as provided in ORS 677.225.
ORS Chapter 677 — Regulation of Medicine,

ORS 677.205. Grounds for discipline; action by board; penalties. (1) The Oregon Medical Board may discipline as provided in this section any person licensed, registered or certified under this chapter who has: (a) Admitted the facts of a complaint filed in accordance with ORS 677.200 (1) alleging facts which establish that such person is in violation of one or more of the grounds for suspension or revocation of a license as set forth in ORS
ORS Chapter 677 — Regulation of Medicine,

ORS 677.208. Hearing; disqualification of investigating board members; judicial review. (1) Where the Oregon Medical Board proposes to refuse to issue a license, or refuses to restore an inactive registrant to an active registration, or proposes to revoke or suspend a license, opportunity for hearing shall be accorded as provided in ORS chapter 183. (2) Following a contested case hearing, the members of the board who participated in the investigation of the licensee, except for one public member, shall not participate in the final decision of the board. A meeting of the board to determine what further action, if any, should be taken regarding the licensee or applicant is not a part of the investigation. The final decision of the board following a contested case hearing shall be based upon the transcript and record, including the exhibits. (3) Judicial review of orders under subsection (1) of this section shall be in accordance with ORS chapter 183. (4) If the final order of the court on review reverses the boards order of suspension or revocation, the board shall issue the license and reinstate appellant not later than the 30th day after the decision of the court.
ORS Chapter 677 — Regulation of Medicine,

ORS 677.210. [Amended by 1967 c.470 35; repealed by 1971 c.734 21]
ORS Chapter 677 — Regulation of Medicine,

ORS 677.220. Issuance or restoration of license after denial or revocation. Whenever a license issued under this chapter is denied or revoked for any cause, the Oregon Medical Board may, after the lapse of two years from the date of such revocation, upon written application by the person formerly licensed, issue or restore the license.
ORS Chapter 677 — Regulation of Medicine,

ORS 677.225. Automatic suspension of license for mental illness or imprisonment; exception; termination of suspension. (1) A persons license issued under this chapter is suspended automatically if: (a) The licensee is adjudged to be a person with mental illness under ORS 426.130 or is admitted on a voluntary basis to a treatment facility for mental illness that affects the ability of the licensee to safely practice medicine and if the licensees residence in the hospital exceeds 25 consecutive days; or (b) Except as provided in subsection (4) of this section, the licensee is an adult in custody in a penal institution. (2)(a) The clerk of the court ordering commitment or incarceration under subsection (1)(a) or (b) of this section shall cause to be mailed to the Oregon Medical Board, as soon as possible, a certified copy of the court order. The clerk may not charge a fee for performing the duties prescribed by this paragraph. (b) The administrator of the hospital to which a person with a license issued under this chapter has voluntarily applied for admission shall cause to be mailed to the board as soon as possible, a certified copy of the record of the voluntary admission of the person. (c) Written evidence received from the supervisory authority of a penal or mental institution that the licensee is an adult in custody or patient therein is prima facie evidence for the purpose of subsection (1)(a) or (b) of this section. (3) A suspension under this section may be terminated by the board when: (a)(A) The board receives evidence satisfactory to the board that the licensee is not a person with mental illness as defined in ORS 426.005; or (B) The board receives evidence satisfactory to the board that the licensee is no longer incarcerated; and (b) The board is satisfied, with due regard for the public interest, that the licensees privilege to practice may be restored. (4) This section does not apply to a licensee who is an adult in custody in a penal institution if the sole reason for incarceration is the licensees performance of, or assistance in the performance of, a reproductive or gender-affirming health care service that is otherwise lawful in this state but unlawful in the jurisdiction in which the licensee provided, or assisted in the provision of, the service, so long as the service provided was performed in accordance with the standard of care applicable to the service.
ORS Chapter 677 — Regulation of Medicine,

ORS 677.228. Automatic lapse of license for failure to pay registration fee or report change of location; reinstatement. (1) A persons license to practice under this chapter automatically lapses if the licensee fails to: (a) Pay the registration fee as required by rule of the Oregon Medical Board. (b) Notify the board of a change of location not later than the 30th day after such change. (c) Complete prior to payment of the registration fee described in paragraph (a) of this subsection, or provide documentation of previous completion of, if required by rule of the board: (A) A one-hour pain management education program approved by the board and developed based on recommendations of the Pain Management Commission; or (B) An equivalent pain management education program, as determined by the board. (2) If a license issued automatically lapses under this section, the holder of the license shall not practice until the conditions for which the license automatically lapsed no longer exist. (3) A person whose license has automatically lapsed under subsection (1)(a) of this section is reinstated automatically when the licensee pays the registration fee plus all late fees then due. (4) A person whose license has automatically lapsed under subsection (1)(b) of this section is reinstated automatically if the board receives notification of the current and correct address of the licensee not later than the 10th day after such automatic lapse takes effect. Otherwise the lapse continues until terminated by the board. (5) A person whose license has automatically lapsed under subsection (1)(c) of this section is reinstated automatically when the board receives documentation of the persons completion of a pain management education program if required by subsection (1)(c) of this section.
ORS Chapter 677 — Regulation of Medicine,

ORS 677.230. [Repealed by 1967 c.470 42 (677.235 enacted in lieu of 677.230)]
ORS Chapter 677 — Regulation of Medicine,

ORS 677.232. [1971 c.649 8; 1979 c.292 2; renumbered 677.525] OREGON MEDICAL BOARD
ORS Chapter 677 — Regulation of Medicine,

ORS 677.235. Oregon Medical Board; membership; confirmation; terms; vacancies; compensation. (1) The Oregon Medical Board consists of 14 members appointed by the Governor and subject to confirmation by the Senate in the manner provided in ORS 171.562 and 171.565. All members of the board must be residents of this state. Of the members of the board: (a) Six must have the degree of Doctor of Medicine; (b) Two must have the degree of Doctor of Osteopathic Medicine; (c) One must have the degree of Doctor of Podiatric Medicine; (d) Two must be physician assistants licensed under ORS 677.512; and (e) Three must be members of the public who represent health consumers. (2)(a)(A) Board members required to possess the degree of Doctor of Medicine may be selected by the Governor from a list of three to five candidates for each member described in subsection (1)(a) of this section whose term expires in that year, submitted by the Oregon Medical Association not later than February 1. (B) Board members required to possess the degree of Doctor of Osteopathic Medicine may be selected by the Governor from a list of three to five candidates for each member described in subsection (1)(b) of this section whose term expires in that year, submitted by the Osteopathic Physicians and Surgeons of Oregon, Inc., not later than February 1. (C) The board member required to possess the degree of Doctor of Podiatric Medicine may be selected by the Governor from a list of three to five candidates for the member described in subsection (1)(c) of this section whose term expires in that year, submitted by the Oregon Podiatric Medical Association not later than February 1. (D) The board members required to be physician assistants licensed under ORS
ORS Chapter 677 — Regulation of Medicine,

ORS 677.240. Oaths, officers and meetings of board. (1) The members of the Oregon Medical Board, before entering upon their duties as members, shall take and subscribe an oath to support the Constitution and laws of the State of Oregon and of the United States, and to perform well and faithfully and without partiality the duties of such office according to the best of their knowledge and ability. The oaths shall be filed and preserved of record in the office of the board. (2) The board shall elect annually from among its members a chairperson, vice chairperson and secretary. (3) The board shall hold meetings within the state at such times and places as shall be determined by the board. (4) The chairperson, vice chairperson or secretary may call a special meeting of the board upon at least 10 days notice in writing to each member, to be held at any place designated by such officer. (5) The board shall hold meetings for examination of applicants for licenses at least twice each year on such dates as the board considers advisable. Special meetings for the examination of applicants for licenses may be called in the same manner as other special meetings of the board.
ORS Chapter 677 — Regulation of Medicine,

ORS 677.250. Records to be kept. The executive director of the Oregon Medical Board shall keep a record of all board proceedings, and also a record of all applicants for a license, together with their ages, the time such applicants have spent in the study and practice of medicine, the name and location of all institutions granting to applicants degrees in medicine and such other information as the board may deem advisable. The record also shall show whether such applicants were rejected or licensed under this chapter. The record is prima facie evidence of all the matters therein recorded, and failure of a persons name to appear in the record is prima facie evidence that such person does not have a license to practice medicine in this state.
ORS Chapter 677 — Regulation of Medicine,

ORS 677.259. ACUPUNCTURISTS
ORS Chapter 677 — Regulation of Medicine,

ORS 677.260. [Repealed by 1967 c.470 49 (677.265 enacted in lieu of 677.260)]
ORS Chapter 677 — Regulation of Medicine,

ORS 677.270. Proceedings upon refusal to testify or failure to obey rule, order or subpoena of board. If any licensee fails to comply with any lawful rule or order of the Oregon Medical Board, or fails to obey any subpoena issued by the board, or refuses to testify concerning any matter on which the licensee may lawfully be interrogated by the board, the board may apply to any circuit court of this state, or the judge thereof, to compel obedience. The court or judge, upon such application, shall institute proceedings for contempt. The remedy provided in this section is in addition to, and not exclusive of, the authority of the board to discipline licensees for violations of ORS 677.190 (17) and (22).
ORS Chapter 677 — Regulation of Medicine,

ORS 677.275. Administrative law judges. Each administrative law judge conducting hearings on behalf of the board is vested with the full authority of the board to schedule and conduct hearings on behalf and in the name of the board on all matters referred by the board, including issuance of licenses, proceedings for placing licensees on probation and for suspension and revocation of licenses, and shall cause to be prepared and furnished to the board, for decision thereon by the board, the complete written transcript of the record of the hearing. This transcript shall contain all evidence introduced at the hearing and all pleas, motions and objections, and all rulings of the administrative law judge. Each administrative law judge may administer oaths and issue summonses, notices and subpoenas, but may not place any licensee on probation or issue, refuse, suspend or revoke a license.
ORS Chapter 677 — Regulation of Medicine,

ORS 677.280. Employment of personnel. Subject to any applicable provisions of the State Personnel Relations Law, the Oregon Medical Board may employ consultants, investigators and staff for the purpose of enforcing the laws relating to this chapter and securing evidence of violations thereof, and may fix the compensation therefor and incur necessary other expenses.
ORS Chapter 677 — Regulation of Medicine,

ORS 677.290. Disposition of receipts; revolving account; medical library. (1) All moneys received by the Oregon Medical Board under this chapter shall be paid into the General Fund in the State Treasury and placed to the credit of the Oregon Medical Board Account which is established. Such moneys are appropriated continuously and shall be used only for the administration and enforcement of this chapter and ORS 676.850 and 676.860. (2) Notwithstanding subsection (1) of this section, the board may maintain a revolving account in a sum not to exceed $50,000 for the purpose of receiving and paying pass-through moneys relating to peer review pursuant to its duties under ORS 441.055 (4) and (5) and in administering programs pursuant to its duties under this chapter relating to the education and rehabilitation of licensees in the areas of chemical substance abuse, inappropriate prescribing and medical competence. The creation of and disbursement of moneys from the revolving account shall not require an allotment or allocation of moneys pursuant to ORS 291.234 to 291.260. All moneys in the account are continuously appropriated for purposes set forth in this subsection. (3) Each year $10 shall be paid to the Oregon Health and Science University for each in-state physician licensed under this chapter, which amount is continuously appropriated to the Oregon Health and Science University to be used in maintaining a circulating library of medical and surgical books and publications for the use of practitioners of medicine in this state, and when not so in use to be kept at the library of the School of Medicine and accessible to its students. The balance of the money received by the board is appropriated continuously and shall be used only for the administration and enforcement of this chapter, but any part of the balance may, upon the order of the board, be paid into the circulating library fund.
ORS Chapter 677 — Regulation of Medicine,

ORS 677.305. Petty cash fund. The Oregon Medical Board may maintain a petty cash fund in compliance with ORS 293.180 in the amount of $5,000.
ORS Chapter 677 — Regulation of Medicine,

ORS 677.310. [Amended by 1967 c.470 58; repealed by 1989 c.830 49] ENFORCEMENT