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

ORS 677.080. Prohibited acts. A person may not: (1) Knowingly make any false statement or representation on a matter, or willfully conceal any fact material to the right of the person to practice medicine or to obtain a license under this chapter. (2) Sell or fraudulently obtain or furnish any medical and surgical diploma, license, record or registration, or aid or abet in the same. (3) Impersonate anyone to whom a license has been granted by the Oregon Medical Board. (4) Except as provided in ORS 676.347, 677.060 and 677.137, practice medicine in this state without a license required by this chapter.
ORS Chapter 677 — Regulation of Medicine,

ORS 677.082. Expression of regret or apology. (1) For the purposes of any civil action against a person licensed by the Oregon Medical Board or a health care institution, health care facility or other entity that employs the person or grants the person privileges, any expression of regret or apology made by or on behalf of the person, the institution, the facility or other entity, including an expression of regret or apology that is made in writing, orally or by conduct, does not constitute an admission of liability. (2) A person who is licensed by the Oregon Medical Board, or any other person who makes an expression of regret or apology on behalf of a person who is licensed by the Oregon Medical Board, may not be examined by deposition or otherwise in any civil or administrative proceeding, including any arbitration or mediation proceeding, with respect to an expression of regret or apology made by or on behalf of the person, including expressions of regret or apology that are made in writing, orally or by conduct. [2003 c.384 1; 2011 c.30 5] Note:
ORS Chapter 677 — Regulation of Medicine,

ORS 677.085. What constitutes practice of medicine. A person is practicing medicine if the person does one or more of the following: (1) Advertise, hold out to the public or represent in any manner that the person is authorized to practice medicine in this state. (2) For compensation directly or indirectly received or to be received, offer or undertake to prescribe, give or administer any drug or medicine for the use of any other person. (3) Offer or undertake to perform any surgical operation upon any person. (4) Offer or undertake to diagnose, cure or treat in any manner, or by any means, methods, devices or instrumentalities, any disease, illness, pain, wound, fracture, infirmity, deformity, defect or abnormal physical or mental condition of any person. (5) Except as provided in ORS 677.060, append the letters M.D., D.O. or P.A. to the persons name, or use the words Doctor, Physician, Surgeon, Physician Assistant, or any abbreviation or combination thereof, or any letters or words of similar import in connection with the persons name, or any trade name in which the person is interested, in the conduct of any occupation or profession pertaining to the diagnosis or treatment of human diseases or conditions mentioned in this section.
ORS Chapter 677 — Regulation of Medicine,

ORS 677.087. Physicians required to perform agreed upon surgery personally. (1) Any physician having agreed with a patient to perform any surgical operation or procedure, shall perform the surgery personally or, prior to surgery, shall inform the patient that the physician will not be performing the surgery. (2) This section shall not apply when the physician, because of an emergency, cannot personally notify the patient that the physician will not be performing the surgery.
ORS Chapter 677 — Regulation of Medicine,

ORS 677.089. Physicians dispensing prescription drugs to do so personally; records; required labeling information. (1) Prescription drugs dispensed by a physician shall be personally dispensed by the physician. Nonjudgmental dispensing functions may be delegated to staff assistants when the accuracy and completeness of the prescription is verified by the physician. (2) The dispensing physician shall maintain records of receipt and distribution of prescription drugs. These records shall be readily accessible and subject to inspection by the Oregon Medical Board. (3) The dispensing physician shall label prescription drugs with the following information: (a) Name of patient; (b) The name and address of the dispensing physician; (c) Date of dispensing; (d) The name of the drug but if the dispensed drug does not have a brand name, the prescription label shall indicate the generic name of the drug dispensed along with the name of the drug distributor or manufacturer, its quantity per unit and the directions for its use stated in the prescription. However, if the drug is a compound, the quantity per unit need not be stated; (e) Cautionary statements, if any, as required by law; and (f) When applicable and as determined by the State Board of Pharmacy, an expiration date after which the patient should not use the drug. (4) Prescription drugs shall be dispensed in containers complying with the federal Poison Prevention Packaging Act unless the patient requests a noncomplying container.
ORS Chapter 677 — Regulation of Medicine,

ORS 677.092. Duty to report prohibited conduct. Unless state or federal laws relating to confidentiality or the protection of health information prohibit disclosure, a physician who has reasonable cause to believe that a licensee of another board has engaged in prohibited conduct as defined in ORS 676.150 shall report the prohibited conduct in the manner provided in ORS 676.150.
ORS Chapter 677 — Regulation of Medicine,

ORS 677.095. Duty of care; legal issues not precluded by investigation or administrative proceeding. (1) A physician licensed to practice medicine or podiatry by the Oregon Medical Board has the duty to use that degree of care, skill and diligence that is used by ordinarily careful physicians in the same or similar circumstances in the community of the physician or a similar community. (2) A physician assistant licensed to practice medicine by the board has the duty to use that degree of care, skill and diligence that is used by ordinarily careful physician assistants in the same or similar circumstances in the community of the physician assistant or a similar community. (3) In any suit, action or arbitration seeking damages for professional liability from a health care provider, an issue may not be precluded on the basis of a default, stipulation, agreement or any other outcome at any stage of an investigation or an administrative proceeding, including but not limited to a final order.
ORS Chapter 677 — Regulation of Medicine,

ORS 677.097. Procedure to obtain informed consent of patient. (1) In order to obtain the informed consent of a patient, a physician or physician assistant shall explain the following: (a) In general terms the procedure or treatment to be undertaken; (b) That there may be alternative procedures or methods of treatment, if any; and (c) That there are risks, if any, to the procedure or treatment. (2) After giving the explanation specified in subsection (1) of this section, the physician or physician assistant shall ask the patient if the patient wants a more detailed explanation. If the patient requests further explanation, the physician or physician assistant shall disclose in substantial detail the procedure, the viable alternatives and the material risks unless to do so would be materially detrimental to the patient. In determining that further explanation would be materially detrimental the physician or physician assistant shall give due consideration to the standards of practice of reasonable medical or podiatric practitioners in the same or a similar community under the same or similar circumstances.
ORS Chapter 677 — Regulation of Medicine,

ORS 677.099. Notice of participation or nonparticipation in Medicare assignment program; rules. (1) A physician currently a participating physician in the Medicare assignment program under 42 U.S.C. 1395(b)(3)(B) II shall post a notice reading: ______________________________________________________________________________ (Physicians name) is participating in the Medicare Assignment Program. The physician will not charge you fees above the Medicare determined annual deductible and the per visit copayment. Ask your physician for more information concerning your fees. ______________________________________________________________________________ (2) A physician not currently a participating physician in the Medicare assignment program under 42 U.S.C. 1395(b)(3)(B) II shall post a notice reading: ______________________________________________________________________________ (Physicians name) is not participating in the Medicare Assignment Program and may legally charge you fees in addition to the Medicare determined annual deductible and per visit copayment. Ask your physician for more information concerning your fees. ______________________________________________________________________________ (3) The Oregon Medical Board shall establish by rule the dimension and design for the printing and posting of the sign so as to assure that it can be seen and read by Medicare beneficiaries. (4) If the physician has reasonable cause to believe that the patient cannot read the sign or cannot comprehend its content, the physician shall endeavor to explain the meaning of the notice. [1987 c.379 2,3,4,5] LICENSING OF DOCTORS OF MEDICINE AND DOCTORS OF OSTEOPATHIC MEDICINE
ORS Chapter 677 — Regulation of Medicine,

ORS 677.100. Qualifications of applicant for license. (1) An applicant for a license to practice medicine in this state, except as otherwise provided in subsection (2) of this section, must possess the following qualifications: (a) Have attended and graduated from a school of medicine. (b) Have satisfactorily completed the following post-graduate requirement: (A) Satisfactory completion of an approved rotating internship if a graduate of an approved school of medicine; (B) One year of training in an approved program if a graduate of an approved school of medicine; or (C) Three years of training in an approved program if a graduate of an unapproved school of medicine. (c) Have complied with each rule of the Oregon Medical Board which applies to all similar applicants for a license to practice medicine in this state. (d) Have provided evidence sufficient to prove to the satisfaction of the board that the applicant is of good moral character. For purposes of this section, the lack of good moral character may be established by reference to acts or conduct that reflect moral turpitude or to acts or conduct which would cause a reasonable person to have substantial doubts about the individuals honesty, fairness and respect for the rights of others and for the laws of the state and the nation. The acts or conduct in question must be rationally connected to the applicants fitness to practice medicine. (2) If an applicant establishes that the applicant is of good moral character and has qualifications which the board determines are the equivalent of the qualifications required by subsection (1)(a) to (c) of this section, the applicant satisfies the requirements of subsection (1) of this section. (3) An applicant for a license to practice medicine must make written application to the board showing compliance with this section, ORS 677.110, 677.120 and the rules of the board, and containing such further information as the rules of the board may require.
ORS Chapter 677 — Regulation of Medicine,

ORS 677.110. Scope and administration of examination; certificate in lieu of examination. (1) Applicants who satisfy the requirements of ORS 677.100 shall be admitted to an examination in subjects covered in schools of medicine that grant degrees of Doctor of Medicine or Doctor of Osteopathic Medicine. The examination shall be sufficient to test the applicants fitness to practice medicine. The examination shall be conducted in such a manner as to conceal the identity of the applicant until all examinations have been scored. In all such examinations an average score of not less than 75 is required for passing. The Oregon Medical Board may require the applicant to take and pass the Federation Licensing Examination, also known as FLEX. (2) The Oregon Medical Board may accept a certificate issued by the National Board of Medical Examiners of the United States or the National Board of Examiners for Osteopathic Physicians and Surgeons or the Medical Council of Canada or successful completion of the United States Medical Licensing Examination in lieu of its own examination. (3) If an applicant fails the examination, the board may permit the applicant to take a subsequent examination, if the applicant has otherwise complied with the law and the rules of the board. (4) After any applicant satisfactorily passes the examination in the required subjects, and otherwise complies with the law and the rules of the board, the board shall grant a license to the applicant to practice medicine in Oregon.
ORS Chapter 677 — Regulation of Medicine,

ORS 677.120. Reciprocity. (1) As used in this section, health clinic means a public health clinic or a health clinic operated by a charitable corporation that mainly provides primary physical health, dental or mental health services to low-income patients without charge or using a sliding fee scale based on the income of the patient. (2) A physician, other than a podiatric physician and surgeon, who lawfully has been issued a license to practice in another state or territory of the United States or the District of Columbia, the qualifications and licensing examinations of which are substantially similar to those of the State of Oregon, may be licensed by the Oregon Medical Board to practice medicine in this state without taking an examination, except when an examination is required under subsection (3) or (4) of this section. (3) A person described in subsection (2) of this section, whose application is based on a license issued in another state or territory or the District of Columbia, certification of the National Board of Medical Examiners of the United States, the National Board of Examiners for Osteopathic Physicians and Surgeons or the Medical Council of Canada or successful completion of the United States Medical Licensing Examination, 10 years or more prior to the filing of an application with the Oregon Medical Board or who has ceased the practice of medicine for 12 or more consecutive months, may be required by the board to take an examination. (4) A person described in subsection (2) of this section who volunteers at a health clinic and whose application is based on a license issued in another state or territory or the District of Columbia, certification of the National Board of Medical Examiners of the United States, the National Board of Examiners for Osteopathic Physicians and Surgeons or the Medical Council of Canada or successful completion of the United States Medical Licensing Examination or the Federation Licensing Examination may be required by the Oregon Medical Board to take a national licensing examination if the person has ceased the practice of medicine for 24 or more consecutive months immediately prior to filing the application. (5) The Oregon Medical Board shall make the application under subsection (4) of this section available online. A physician applying for a license under subsection (4) of this section shall pay to the board an application fee as determined by the board pursuant to ORS 677.265.
ORS Chapter 677 — Regulation of Medicine,

ORS 677.125. Reciprocal agreements. The Oregon Medical Board may enter into agreements with medical or osteopathic examining boards of other states and territories of the United States, and the District of Columbia, having qualifications and standards at least as high as those of this state, providing for reciprocal licensing in this state, without further examination, of persons who have been licensed upon written examination in the other state or territory. Approval of these agreements by any other officer or agency of this state is not required.
ORS Chapter 677 — Regulation of Medicine,

ORS 677.130. [Amended by 1967 c.470 19; renumbered 677.145]
ORS Chapter 677 — Regulation of Medicine,

ORS 677.133. Expedited license by endorsement; rules. (1) On or before January 1, 2010, the Oregon Medical Board shall implement an expedited physician licensing process that allows the board to issue a license by endorsement to a qualified physician. To be considered for a license by endorsement, a physician: (a)(A) Must have practiced the physicians specialty, if any, for at least one year immediately preceding the date of the physicians application for licensure by endorsement; or (B) If the physician is retired, must have been retired for one year or less; (b) May not have been subject to discipline by a health professional regulatory board in any state in which the physician has been licensed; and (c) May not have been held liable for a significant malpractice claim as defined by the board by rule. (2) The licensing process implemented by the board must require the board to: (a) Use existing databases to verify application information; and (b) Accept documents from the state in which the applicant was first licensed as a physician as equivalent to primary source documents to verify: (A) Medical education; (B) National medical examination scores; (C) Post-graduate training, if applicable; and (D) Other qualifications as provided by rule of the board. [Formerly 677.115] Note:
ORS Chapter 677 — Regulation of Medicine,

ORS 677.134. [1967 c.470 13; 1975 c.776 6; 1983 c.486 12; repealed by 1989 c.830 49] PRACTICE OF MEDICINE ACROSS STATE LINES
ORS Chapter 677 — Regulation of Medicine,

ORS 677.135. (1) The practice of medicine across state lines means: (a) The rendering directly to a person of a written or otherwise documented medical opinion concerning the diagnosis or treatment of that person located within this state for the purpose of patient care by a physician or physician assistant located outside this state as a result of the transmission of individual patient data by telemedicine, as defined in ORS 677.494, from within this state to that physician, the physicians agent or a physician assistant; or (b) The rendering of medical treatment directly to a person located within this state by a physician or a physician assistant located outside this state as a result of the outward transmission of individual patient data by telemedicine from within this state to that physician, the physicians agent or a physician assistant. (2) The practice of medicine across state lines does not include the practice of medicine by a person practicing in this state under ORS 676.347. [1999 c.549 2; 2021 c.349 3; 2022 c.45 16; 2022 c.62 3] Note:
ORS Chapter 677 — Regulation of Medicine,

ORS 677.137. License required for practice of medicine across state lines; exceptions; rules. (1) A person may not engage in the practice of medicine across state lines, claim qualification to engage in the practice of medicine across state lines or use any title, word or abbreviation to indicate or to induce another to believe that the person is licensed to engage in the practice of medicine across state lines unless the person is licensed in accordance with ORS 677.139. (2) ORS 677.135 to 677.141 do not apply to a physician or physician assistant engaging in the practice of medicine across state lines in an emergency, as defined by rule of the Oregon Medical Board. (3) ORS 677.135 to 677.141 do not apply to a licensed physician or physician assistant located outside this state who: (a)(A) Consults with another physician or physician assistant licensed to practice medicine in this state; and (B) Does not undertake the primary responsibility for diagnosing or rendering treatment to a patient within this state; (b) Has an established provider-patient relationship with a patient who is in Oregon temporarily for the purpose of business, education, vacation or work and who requires the direct medical treatment by that physician or physician assistant; or (c) Has, with a patient located in Oregon, an established provider-patient relationship to provide temporary or intermittent follow-up care. (4) A physician or physician assistant who is located outside this state and practices medicine as described in subsection (3) of this section is subject to this chapter and rules adopted pursuant to this chapter, including but not limited to the disciplinary authority of the board, while or as a result of practicing medicine as described in subsection (3) of this section. (5) The board may adopt rules to carry out this section. [1999 c.549 3; 2021 c.349 4; 2023 c.147 2] Note: See note under
ORS Chapter 677 — Regulation of Medicine,

ORS 677.139. License to practice medicine across state lines; application; fees. (1) Upon application, the Oregon Medical Board may issue to an out-of-state physician or physician assistant a license for the practice of medicine across state lines if the physician or physician assistant holds a full, unrestricted license to practice medicine in any other state of the United States, has not been the recipient of a professional sanction by any other state of the United States and otherwise meets the standards for Oregon licensure under this chapter. (2) In the event that an out-of-state physician or physician assistant has been the recipient of a professional sanction by any other state of the United States, the board may issue a license for the practice of medicine across state lines if the board finds that the sanction does not indicate that the physician or physician assistant is a potential threat to the public interest, health, welfare and safety. (3) A physician or physician assistant shall apply on a form provided by the board, accompanied by nonrefundable fees for the application and the license in amounts determined by rule of the board. The board shall adopt necessary and proper rules to govern the renewal of licenses issued under this section. (4) A license for the practice of medicine across state lines is not a limited license for purposes of ORS 677.132. (5) A license for the practice of medicine across state lines does not permit a physician or physician assistant to practice medicine in this state except when engaging in the practice of medicine across state lines. [1999 c.549 4; 2021 c.349 5] Note: See note under
ORS Chapter 677 — Regulation of Medicine,

ORS 677.140. [Amended by 1957 c.681 4; repealed by 1967 c.470 68]
ORS Chapter 677 — Regulation of Medicine,

ORS 677.141. Responsibilities; prohibited practices; confidentiality requirements. (1) A physician or physician assistant issued a license under ORS 677.139: (a) Is subject to all the provisions of this chapter and to all the rules of the Oregon Medical Board; and (b) Has the same duties and responsibilities and is subject to the same penalties and sanctions as any other physician or physician assistant licensed under this chapter. (2) A physician or physician assistant issued a license under ORS 677.139 may not: (a) Act as a dispensing physician as defined in ORS 677.010; (b) Administer controlled substances for the treatment of intractable pain to a person located within this state; (c) Provide written documentation for purposes of ORS 475C.783; (d) Employ a physician assistant as defined in ORS 677.495 to treat a person located within this state; or (e) Assert a lien for services under ORS 87.555. (3) A physician or physician assistant licensed under ORS 677.139 shall comply with all patient confidentiality requirements of this state, except as those requirements are expressly prohibited by the law of any other state of the United States where a persons medical records are maintained. [1999 c.549 5,6; 2010 c.42 14; 2013 c.176 9; 2013 c.177 8; 2015 c.829 6; 2017 c.21 69,70; 2021 c.349 6] Note: See note under
ORS Chapter 677 — Regulation of Medicine,

ORS 677.145. [Formerly
ORS Chapter 677 — Regulation of Medicine,

ORS 677.170. [Amended by 1953 c.159 6; 1967 c.470 23; 1975 c.776 7; 1983 c.486 17; repealed by 1989 c.830 49] CHANGING LOCATION OF PRACTICE