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

ORS 677.320. Investigation of complaints and suspected violations. (1) Upon the complaint of any resident of this state, or upon its own initiative, the Oregon Medical Board may investigate any alleged violation of this chapter. If, after the investigation, the board has reason to believe that any person is subject to criminal prosecution in this state for the violation of this chapter, the board shall lay the facts before the proper district attorney. (2) In the conduct of investigations, the board or its designated representative may: (a) Take evidence; (b) Take the depositions of witnesses, including the person charged; (c) Compel the appearance of witnesses, including the person charged; (d) Require answers to interrogatories; and (e) Compel the production of books, papers, accounts, documents and testimony pertaining to the matter under investigation. (3) In exercising its authority under subsection (2) of this section, the board may issue subpoenas over the signature of the executive director and the seal of the board in the name of the State of Oregon. (4) In any proceeding under this section where the subpoena is addressed to a licensee of this board, it shall not be a defense that the material that is subject to the subpoena is protected under a patient and physician privilege. (5) If a licensee who is the subject of an investigation or complaint is to appear before members of the board investigating the complaint, the board shall provide the licensee with a current summary of the complaint or the matter being investigated not less than five days prior to the date that the licensee is to appear. At the time the summary of the complaint or the matter being investigated is provided, the board shall provide to the licensee a current summary of documents or alleged facts that the board has acquired as a result of the investigation. The name of the complainant or other information that reasonably may be used to identify the complainant may be withheld from the licensee. (6) A licensee who is the subject of an investigation and any person authorized to act on behalf of the licensee shall not knowingly contact the complainant until the licensee has requested a contested case hearing and the board has authorized the taking of the complainants deposition pursuant to ORS 183.425. (7) Except in an investigation or proceeding conducted by the board or another public entity, or in an action, suit or proceeding where a public entity is a party, a licensee shall not be questioned or examined regarding any communication with the board made in an appearance before the board as part of an investigation. This section shall not prohibit examination or questioning of a licensee regarding records dealing with a patients care and treatment or affect the admissibility of those records. As used in this section, public entity has the meaning given that term in ORS 676.177.
ORS Chapter 677 — Regulation of Medicine,

ORS 677.325. Enjoining unlicensed practice of medicine. The Oregon Medical Board may maintain a suit for an injunction against any person violating ORS 677.080 (4). Any person who has been so enjoined may be punished for contempt by the court issuing the injunction. An injunction may be issued without proof of actual damage sustained by any person. An injunction shall not relieve a person from criminal prosecution for violation of ORS 677.080 (4). [Formerly 677.040]
ORS Chapter 677 — Regulation of Medicine,

ORS 677.330. Duty of district attorney and Attorney General; jurisdiction of prosecutions. (1) The district attorney of each county shall prosecute any violation of this chapter occurring in the county. The Oregon Medical Board shall be represented by the Attorney General acting under ORS 180.140. Each district attorney shall bring to the attention of the grand jury of the county any information independently developed by the district attorney, the Attorney General or other law enforcement agencies pertaining to a violation of this chapter. (2) Upon any appeal to the Court of Appeals of this state in any of the proceedings referred to in subsection (1) of this section, the Attorney General shall assist the district attorney in the trial of the cause in the Court of Appeals. (3) Justice courts and the circuit courts have concurrent jurisdiction of prosecutions for the violation of this chapter.
ORS Chapter 677 — Regulation of Medicine,

ORS 677.335. Official actions of board and personnel; privileges and immunities; scope of immunity of complainant. (1) Members of the Oregon Medical Board, members of its administrative and investigative staff, medical consultants, and its attorneys acting as prosecutors or counsel shall have the same privilege and immunities from civil and criminal proceedings arising by reason of official actions as prosecuting and judicial officers of the state. (2) No person who has made a complaint as to the conduct of a licensee of the board or who has given information or testimony relative to a proposed or pending proceeding for misconduct against the licensee of the board, shall be answerable for any such act in any proceeding except for perjury committed by the person.
ORS Chapter 677 — Regulation of Medicine,

ORS 677.340. [Amended by 1967 c.470 6; renumbered 677.075] ARTIFICIAL INSEMINATION
ORS Chapter 677 — Regulation of Medicine,

ORS 677.355. introduction of semen into a womans vagina, cervical canal or uterus through the use of instruments or other artificial means. [1977 c.686 1] Note:
ORS Chapter 677 — Regulation of Medicine,

ORS 677.360. Who may select donors and perform procedure. Only physicians licensed under ORS chapter 677 and persons under their supervision may select artificial insemination donors and perform artificial insemination. [1977 c.686 2] Note: See note under
ORS Chapter 677 — Regulation of Medicine,

ORS 677.365. Consent required; filing with State Registrar of the Center for Health Statistics; notice to physician. (1) Artificial insemination shall not be performed upon a woman without her prior written request and consent and, if she is married, the prior written request and consent of her spouse. (2) Whenever a child is born who may have been conceived by the use of semen of a donor who is not the womans spouse, a copy of the request and consent required under subsection (1) of this section shall be filed by the physician who performs the artificial insemination with the State Registrar of the Center for Health Statistics. The state registrar shall prescribe the form of reporting. (3) The information filed under subsection (2) of this section shall be sealed by the state registrar and may be opened only upon an order of a court of competent jurisdiction. (4) If the physician who performs the artificial insemination does not deliver the child conceived as a result of the use of semen of a donor who is not the womans spouse, it is the duty of the woman and the spouse who consented pursuant to subsection (1) of this section to give that physician notice of the childs birth. The physician who performs the artificial insemination shall be relieved of all liability for noncompliance with subsection (2) of this section if the noncompliance results from lack of notice to the physician about the birth. [1977 c.686 3; 2015 c.629 57] Note: See note under
ORS Chapter 677 — Regulation of Medicine,

ORS 677.370. Eligibility to be donor. Semen may not be donated for use in artificial insemination by any person who: (1) Has any disease or defect known by the person to be transmissible by genes; or (2) Knows or has reason to know that the person has a sexually transmitted infection. [1977 c.686 4; 2019 c.280 14; 2019 c.456 4] Note: See note under
ORS Chapter 677 — Regulation of Medicine,

ORS 677.410. Voluntary limitation of license; removal of limitation. A licensee may request in writing to the Oregon Medical Board a limitation of license to practice medicine or podiatry, respectively. The board may grant such request for limitation and shall have authority, if it deems appropriate, to attach conditions to the license of the licensee within the provisions of ORS 677.205 and 677.410 to 677.425. Removal of a voluntary limitation on licensure to practice medicine or podiatry shall be determined by the board.
ORS Chapter 677 — Regulation of Medicine,

ORS 677.417. Medical incompetence, unprofessional conduct, physical incapacity, impairment; rules. The Oregon Medical Board shall determine by rule what constitutes medical incompetence, unprofessional conduct, physical incapacity or impairment for the purposes of ORS chapter 677. [2003 c.554 2; 2009 c.756 29] Note:
ORS Chapter 677 — Regulation of Medicine,

ORS 677.420. Competency examination; investigation; consent by licensee; assistance. (1) Notwithstanding any other provisions of this chapter, the Oregon Medical Board may at any time direct and order a mental, physical or medical competency examination or any combination thereof, and make such investigation, including the taking of depositions or otherwise in order to fully inform itself with respect to the performance or conduct of a licensee. (2) If the board has reasonable cause to believe that any licensee is or may be unable to practice medicine or podiatry with reasonable skill and safety to patients, the board shall cause a competency examination of such licensee for purposes of determining the fitness of the licensee to practice medicine or podiatry with reasonable skill and safety to patients. (3) Any licensee by practicing or by filing a registration to practice medicine or podiatry shall be deemed to have given consent to submit to mental or physical examination when so directed by the board and, further, to have waived all objection to the admissibility of information derived from such mental or physical or medical competency examination on the grounds of privileged communication. (4) The board may request any medical organization to assist the board in preparing for or conducting any medical competency examination that the board may consider appropriate.
ORS Chapter 677 — Regulation of Medicine,

ORS 677.425. Confidential information; immunity. (1) Any information that the Oregon Medical Board obtains pursuant to ORS 677.200, 677.205 or 677.410 to 677.425 is confidential as provided under ORS 676.175. (2) Any person who reports or provides information to the board under ORS 677.205 and 677.410 to 677.425 and who provides information in good faith shall not be subject to an action for civil damages as a result thereof.
ORS Chapter 677 — Regulation of Medicine,

ORS 677.450. Release of certain information to health care facilities. The Oregon Medical Board may release information received under ORS 441.820 concerning the revocation or restriction of a physicians activities at a health care facility to any other health care facility licensed under ORS 441.015 to 441.119, 441.525 to 441.595, 441.815, 441.820, 441.990, 441.993, 442.342, 442.344 and 442.400 to 442.463 at which that physician holds or has applied for staff privileges or other right to practice medicine or podiatry at the facility.
ORS Chapter 677 — Regulation of Medicine,

ORS 677.455. [1993 c.323 4; renumbered 677.837 in 1995] ADMINISTRATION OF CONTROLLED SUBSTANCES FOR PAIN
ORS Chapter 677 — Regulation of Medicine,

ORS 677.470. Definitions for ORS 677.470 to 677.480. As used in ORS 677.470 to 677.480: (1) Controlled substance has the meaning given that term under ORS 475.005. (2) Health care professional means a person licensed by a health professional regulatory board who is practicing within the scope of practice of that licensure and who is authorized to prescribe or administer controlled substances. (3) Health professional regulatory board has the meaning given that term in ORS 676.440.
ORS Chapter 677 — Regulation of Medicine,

ORS 677.474. Administration of controlled substances for pain allowed; exceptions. (1) Notwithstanding any other provision of this chapter and notwithstanding ORS 678.010 to 678.410 and ORS chapters 679 and 689, a health care professional may prescribe or administer controlled substances to a person in the course of treating that person for a diagnosed condition causing pain. (2) A health care professional shall not be subject to disciplinary action by a health professional regulatory board for prescribing or administering controlled substances in the course of treatment of a person for pain with the goal of controlling the patients pain for the duration of the pain. (3) Subsections (1) and (2) of this section do not apply to: (a) A health care professionals treatment of a person for chemical dependency resulting from the use of controlled substances; (b) The prescription or administration of controlled substances to a person the health care professional knows to be using the controlled substances for nontherapeutic purposes; (c) The prescription or administration of controlled substances for the purpose of terminating the life of a person having pain, except as allowed under ORS 127.800 to 127.897; or (d) The prescription or administration of a substance that is not a controlled substance approved by the United States Food and Drug Administration for pain relief. (4) Subsection (2) of this section does not exempt the governing body of any hospital or other medical facility from the requirements of ORS 441.055.
ORS Chapter 677 — Regulation of Medicine,

ORS 677.475. [1995 c.380 3 (677.474 enacted in lieu of 677.475 by 1995 c.380 6); repealed by 2005 c.44 1]
ORS Chapter 677 — Regulation of Medicine,

ORS 677.480. Discipline. ORS 677.474 does not prohibit a health professional regulatory board from placing on probation or denying, revoking, limiting or suspending the license of any health care professional who does any of the following: (1) Prescribes or administers a controlled substance or treatment that is nontherapeutic in nature or nontherapeutic as administered or prescribed or that is administered or prescribed for a nontherapeutic purpose. (2) Fails to keep a complete and accurate record of controlled substance purchases, dispensing and disposal as required by the Comprehensive Drug Abuse Prevention and Control Act of 1970 (P.L. 91-513), other federal law or ORS 475.005 to 475.285 and 475.752 to 475.980. (3) Prescribes controlled substances without a legitimate medical purpose. (4) Prescribes, administers or dispenses controlled substances in a manner detrimental to the best interest of the public. (5) Prescribes, administers or dispenses a controlled substance in a manner prohibited under ORS 475.005 to 475.285 or 475.752 to 475.980. (6) Falsifies prescription information, including, but not limited to, the identity of the recipient.
ORS Chapter 677 — Regulation of Medicine,

ORS 677.485. [1995 c.380 5; 2003 c.408 3; 2007 c.86 7; repealed by 2007 c.351 5] MISCELLANEOUS
ORS Chapter 677 — Regulation of Medicine,

ORS 677.487. Continuing medical education related to Alzheimers disease. (1) The Oregon Medical Board shall encourage each physician with a specialty in primary care or geriatrics, or another specialty designated by the board, to obtain continuing medical education in the detection and early diagnosis of Alzheimers disease and in the appropriate prescribing of antipsychotic drugs to treat patients with Alzheimers disease. (2) The continuing medical education described in subsection (1) of this section shall be considered relevant continuing medical education for all licensees of the board and the hours may be applied to any required continuing medical education requirements.
ORS Chapter 677 — Regulation of Medicine,

ORS 677.490. Fees when patient served by or referred to diabetes self-management program. (1) If a physician refers a patient to diabetes self-management education services provided at a different time and place from other health services provided to the patient by the physician, the referring physician is entitled to receive no more than the total salary and benefits to personnel providing the services plus the cost of materials and services directly related to the services, if any of these costs are paid by the physician; or (2) If the referring physician personally provides the diabetes self-management education services, the physician is entitled to receive no more than the usual and customary charges for routine office visits of comparable duration. [1987 c.720 6] Note:
ORS Chapter 677 — Regulation of Medicine,

ORS 677.491. Reporting toy-related injury or death; rules. (1) Whenever any physician determines or reasonably suspects the injury or death of a person to be toy-related, the physician shall, in accordance with rules adopted under subsection (5) of this section, report the physicians findings to the Director of the Oregon Health Authority. (2) The director of any hospital, health care facility, health maintenance organization, public health center, medical center or emergency medical treatment facility where any physician has made a determination or has a reasonable suspicion under subsection (1) of this section as to whether an injury or death is toy-related, shall, in accordance with the rules adopted under subsection (5) of this section, report that physicians findings to the Director of the Oregon Health Authority. (3) The Director of the Oregon Health Authority shall review, organize and keep a record of the information set forth in the reports of toy-related injuries and deaths submitted by physicians under this section. The director, on a regular basis, shall make the information recorded under this section available to the United States Consumer Product Safety Commission for inclusion in its Injury or Potential Injury Incident Data Base. The information so recorded shall also be made available to the public for a fee determined by the director. (4) If the director determines that a specific toy or item poses an immediate danger or potential threat to the safety of the citizens of this state, the director shall immediately issue a public notice warning the public, retail sellers and distributors of the directors findings and recommendations concerning that toy or item. (5) The director shall adopt rules to implement this section. [1991 c.325 1; 2009 c.595 1053] Note:
ORS Chapter 677 — Regulation of Medicine,

ORS 677.492. Liability of physician for acts of certain other health care providers. (1) If a physician is required to be responsible for the care of a patient of another health care provider with admitting privileges to a health care facility as a condition to the patients admission to and continued care in a health care facility, the physician is not liable for the acts or omissions of the other health care provider that result in injury, death or damage to the patient unless: (a) At the time the injury, death or damage occurs, the physician is physically present and directly supervising the other health care provider; (b) At the time the injury, death or damage occurs, the physician is not physically present, but the physician is directly supervising and instructing the other health care provider; or (c) The injury, death or damage to the patient results from a direct violation of a written hospital patient care protocol by the other health care provider, the physician knew or in the exercise of reasonable care should have known of the violation in time to take action to prevent the injury, death or damage, and the physician failed to take action to prevent the injury, death or damage. (2) The immunity provided by this section applies only to a person who holds a degree of Doctor of Medicine or Doctor of Osteopathic Medicine who is licensed to practice medicine under the provisions of ORS 677.100 to 677.228. (3) The immunity provided by this section does not apply if the other health care provider is an employee, a partner or a fellow shareholder of the physician in a corporation established for the provision of health care services. [1995 c.695 1; 2017 c.409 25] Note:
ORS Chapter 677 — Regulation of Medicine,

ORS 677.494. Telemedicine; where practice occurs. (1) As used in this section, telemedicine means the practice of medicine and provision of health care services to a patient by a physician or physician assistant from a distance using electronic communications, including synchronous technologies to facilitate an exchange of information between a patient and physician or physician assistant in real time or asynchronous technologies to facilitate an exchange of information between a patient and a physician or physician assistant in other than real time. (2) A physician licensed under ORS 677.100 to 677.228, a physician assistant licensed under ORS 677.505 to 677.525 or a physician or physician assistant licensed under ORS 677.139 may use telemedicine to engage in the practice of medicine and provide health care services, including the establishment of a provider-patient relationship, the diagnosis or treatment of a medical condition or the prescription of drugs, to a patient physically located in this state. The physician or physician assistant is not required to be physically located in this state when engaging in the practice of medicine and providing health care services through telemedicine. (3) The practice of medicine using telemedicine occurs where the patient is physically located. [2022 c.45 14; 2023 c.147 3] PHYSICIAN ASSISTANTS
ORS Chapter 677 — Regulation of Medicine,

ORS 677.495. Definitions for ORS 677.495 to 677.535. As used in ORS 677.495 to 677.535, unless the context requires otherwise: (1) Collaboration means, as indicated by the patients condition, community standards of care and a physician assistants education, training and experience: (a) Consultation between the physician assistant and a physician or podiatric physician; or (b) Referral by the physician assistant to a physician or podiatric physician. (2) Collaboration agreement means a written agreement that describes the manner in which the physician assistant collaborates with physicians or podiatric physicians, that does not assign supervisory responsibility to, or represent acceptance of legal responsibility by, a physician or podiatric physician for the care provided by the physician assistant and that is signed by the physician assistant and the physician, podiatric physician or physician assistants employer. (3) Employer means: (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; or (B) As defined by the Oregon Medical Board by rule; (b) A group medical practice that is part of a health system; or (c) A physician or podiatric physician who employs a physician assistant. (4) Physician means a physician licensed under ORS 677.100 to 677.228. (5) Physician assistant means a person who is licensed in accordance with ORS
ORS Chapter 677 — Regulation of Medicine,

ORS 677.500. Policy. It is the intent of the Legislative Assembly in requiring the licensure of physician assistants to encourage appropriate use of physician assistants in the delivery of health care services to the extent of a physician assistants education and experience.
ORS Chapter 677 — Regulation of Medicine,

ORS 677.505. Application of provisions governing physician assistants to other health professions. (1) ORS 677.495 and 677.505 to 677.525 are not intended to alter or affect ORS chapter 678, regarding the practice of nursing; ORS chapter 679, regarding the practice of dentistry; ORS 680.010 to 680.205, regarding the practice of dental hygienists and auxiliaries; or ORS 683.010 to 683.340, regarding the practice of optometry. (2) ORS 677.495 and 677.505 to 677.525 do not require an employee of a person licensed to practice medicine under this chapter, or of a medical clinic or hospital to be licensed under ORS 677.495 and 677.505 to 677.525, unless the employee is practicing as a physician assistant in which case the individual shall be licensed under ORS 677.495 and 677.505 to 677.525.