reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 677 - Regulation of Medicine, Podiatry and Acupuncture › Section 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. [1967 c.470 §33; 1983 c.486 §24; 1989 c.830 §12; 1991 c.485 §6]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 677 - Regulation of Medicine, Podiatry and Acupuncture › Section 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 677.190;
(b) Been found to be in violation of one or more of the grounds for disciplinary action of a licensee as set forth in this chapter;
(c) Had an automatic license suspension as provided in ORS 677.225; or
(d) Failed to make a report as required under ORS 677.415.
(2) In disciplining a licensee as authorized by subsection (1) of this section, the board may use any or all of the following methods:
(a) Suspend judgment.
(b) Place the licensee on probation.
(c) Suspend the license.
(d) Revoke the license.
(e) Place limitations on the license.
(f) Take such other disciplinary action as the board in its discretion finds proper, including assessment of the costs of the disciplinary proceedings as a civil penalty or assessment of a civil penalty not to exceed $10,000, or both.
(3) In addition to the action authorized by subsection (2) of this section, the board may temporarily suspend a license without a hearing, simultaneously with the commencement of proceedings under ORS 677.200 if the board finds that evidence in its possession indicates that a continuation in practice of the licensee constitutes an immediate danger to the public.
(4) If the board places any licensee on probation as set forth in subsection (2)(b) of this section, the board may determine, and may at any time modify, the conditions of the probation and may include among them any reasonable condition for the purpose of protection of the public or for the purpose of the rehabilitation of the probationer, or both. Upon expiration of the term of probation, further proceedings shall be abated if the licensee has complied with the terms of the probation.
(5) If a license issued under this chapter is suspended, the holder of the license may not practice during the term of suspension. Upon the expiration of the term of suspension, the license shall be reinstated by the board if the conditions for which the license was suspended no longer exist.
(6) The board shall enter each case of disciplinary action on its records.
(7) Civil penalties under this section shall be imposed as provided in ORS 183.745. [1957 c.681 §8; 1967 c.470 §34; 1975 c.796 §3; 1983 c.486 §25; 1989 c.830 §13; 1991 c.734 §71; 2007 c.803 §3]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 677 - Regulation of Medicine, Podiatry and Acupuncture › Section 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 board’s 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. [1971 c.734 §120; 1975 c.776 §9; 1997 c.792 §21]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 677 - Regulation of Medicine, Podiatry and Acupuncture › Section 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. [Amended by 1967 c.470 §38; 1983 c.486 §26; 1989 c.830 §14]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 677 - Regulation of Medicine, Podiatry and Acupuncture › Section 677.225 - Automatic suspension of license for mental illness or imprisonment; exception; termination of suspension.

(1) A person’s 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 licensee’s 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 licensee’s 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 licensee’s 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. [1955 c.317 §1; 1961 c.257 §1; 1967 c.470 §39; 1983 c.486 §27; 1983 c.740 §250; 1989 c.830 §15; 1997 c.792 §22; 2013 c.360 §62; 2019 c.213 §115; 2023 c.228 §33]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 677 - Regulation of Medicine, Podiatry and Acupuncture › Section 677.228 - Automatic lapse of license for failure to pay registration fee or report change of location; reinstatement.

(1) A person’s 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 person’s completion of a pain management education program if required by subsection (1)(c) of this section. [1967 c.470 §41; 1983 c.486 §28; 1989 c.830 §16; 1993 c.16 §3; 2001 c.987 §13; 2021 c.50 §5]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 677 - Regulation of Medicine, Podiatry and Acupuncture › Section 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. [Amended by 1967 c.470 §47; 1989 c.830 §18]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 677 - Regulation of Medicine, Podiatry and Acupuncture › Section 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 person’s name to appear in the record is prima facie evidence that such person does not have a license to practice medicine in this state. [Amended by 1967 c.470 §48; 2009 c.756 §25]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 677 - Regulation of Medicine, Podiatry and Acupuncture › Section 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). [Amended by 1967 c.470 §51; 1983 c.486 §35; 1989 c.830 §20; 2009 c.756 §26]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 677 - Regulation of Medicine, Podiatry and Acupuncture › Section 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. [1967 c.470 §53; 1983 c.486 §36; 1989 c.830 §21; 1999 c.849 §§157,158; 2003 c.75 §57; 2009 c.756 §27]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 677 - Regulation of Medicine, Podiatry and Acupuncture › Section 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. [Amended by 1967 c.470 §54; 1969 c.314 §78; 1989 c.829 §1; 1989 c.830 §22; 1999 c.396 §1; 2009 c.535 §6]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 677 - Regulation of Medicine, Podiatry and Acupuncture › Section 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. [Amended by 1953 c.159 §6; 1967 c.470 §55; 1967 c.637 §§29,29a; 1973 c.427 §15; 1975 c.693 §18; 1979 c.27 §1; 1983 c.486 §37; 1989 c.830 §23; 2007 c.86 §3; 2009 c.595 §1052; 2009 c.792 §73; 2013 c.240 §8; 2017 c.511 §7]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 677 - Regulation of Medicine, Podiatry and Acupuncture › Section 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. [1955 c.282 §1; 1967 c.470 §57; 1983 c.486 §39; 1989 c.830 §24]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 677 - Regulation of Medicine, Podiatry and Acupuncture › Section 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 complainant’s 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 patient’s 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. [Amended by 1983 c.486 §40; 1989 c.830 §25; 1997 c.792 §26; 1999 c.751 §5; 2023 c.228 §51]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 677 - Regulation of Medicine, Podiatry and Acupuncture › Section 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]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 677 - Regulation of Medicine, Podiatry and Acupuncture › Section 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. [Amended by 1967 c.470 §60; 1979 c.562 §30; 1997 c.791 §20]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 677 - Regulation of Medicine, Podiatry and Acupuncture › Section 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. [1975 c.776 §2; 1989 c.830 §26]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 677 - Regulation of Medicine, Podiatry and Acupuncture › Section 677.355 - "Artificial insemination" defined.

As used in ORS 109.239 to 109.247, 677.355 to 677.370 and 677.990 (3), "artificial insemination" means introduction of semen into a woman’s vagina, cervical canal or uterus through the use of instruments or other artificial means. [1977 c.686 §1]
Note:
677.355 to 677.370 and 677.990 (3) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 677 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 677 - Regulation of Medicine, Podiatry and Acupuncture › Section 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 677.355.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 677 - Regulation of Medicine, Podiatry and Acupuncture › Section 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 woman’s 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 woman’s 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 child’s 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 677.355.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 677 - Regulation of Medicine, Podiatry and Acupuncture › Section 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 677.355.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 677 - Regulation of Medicine, Podiatry and Acupuncture › Section 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. [1975 c.796 §5; 1981 c.339 §1; 1983 c.486 §41]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 677 - Regulation of Medicine, Podiatry and Acupuncture › Section 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:
677.417 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 677 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 677 - Regulation of Medicine, Podiatry and Acupuncture › Section 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. [1975 c.796 §7; 1981 c.339 §3; 1983 c.486 §43; 1989 c.830 §28]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 677 - Regulation of Medicine, Podiatry and Acupuncture › Section 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. [1975 c.796 §8; 1983 c.486 §44; 1989 c.830 §29; 1991 c.485 §7; 1997 c.791 §21]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 677 - Regulation of Medicine, Podiatry and Acupuncture › Section 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 physician’s 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. [1977 c.448 §5; 1981 c.339 §5; 2013 c.129 §14]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 677 - Regulation of Medicine, Podiatry and Acupuncture › Section 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. [1995 c.380 §2; 1999 c.480 §1; 2007 c.351 §1]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 677 - Regulation of Medicine, Podiatry and Acupuncture › Section 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 patient’s pain for the duration of the pain.
(3) Subsections (1) and (2) of this section do not apply to:
(a) A health care professional’s 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. [1995 c.380 §7 (enacted in lieu of 677.475); 1999 c.480 §2; 2003 c.408 §1; 2007 c.351 §2]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 677 - Regulation of Medicine, Podiatry and Acupuncture › Section 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. [1995 c.380 §4; 2003 c.408 §2; 2007 c.351 §3]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 677 - Regulation of Medicine, Podiatry and Acupuncture › Section 677.487 - Continuing medical education related to Alzheimer’s 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 Alzheimer’s disease and in the appropriate prescribing of antipsychotic drugs to treat patients with Alzheimer’s 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. [2017 c.679 §34]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 677 - Regulation of Medicine, Podiatry and Acupuncture › Section 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:
677.490 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 677 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 677 - Regulation of Medicine, Podiatry and Acupuncture › Section 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 physician’s 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 physician’s 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 director’s 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:
677.491 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 677 by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 677 - Regulation of Medicine, Podiatry and Acupuncture › Section 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 patient’s 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:
677.492 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 677 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 677 - Regulation of Medicine, Podiatry and Acupuncture › Section 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]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 677 - Regulation of Medicine, Podiatry and Acupuncture › Section 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 patient’s condition, community standards of care and a physician assistant’s 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 assistant’s 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 677.505 to 677.525.
(6) "Podiatric physician" means a podiatric physician and surgeon licensed under ORS 677.805 to 677.840. [Formerly 677.012; 1983 c.486 §45; 1987 c.660 §24; 1989 c.830 §30; 1999 c.119 §1; 1999 c.582 §1; 2001 c.744 §§3,4; 2005 c.366 §1; 2007 c.347 §1; 2010 c.43 §1; 2011 c.550 §1; 2017 c.352 §1; 2021 c.349 §10; 2023 c.314 §3]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 677 - Regulation of Medicine, Podiatry and Acupuncture › Section 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 assistant’s education and experience. [1981 c.220 §9; 1989 c.830 §31; 1999 c.582 §2; 2010 c.43 §2; 2011 c.550 §2]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 677 - Regulation of Medicine, Podiatry and Acupuncture › Section 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. [Formerly 677.055; 1999 c.582 §3]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 677 - Regulation of Medicine, Podiatry and Acupuncture › Section 677.511 - Physician assistant authority to prescribe and dispense prescription drugs; requirements.

(1) A physician assistant is authorized to write prescriptions, including prescriptions for controlled substances listed in Schedules II through V.
(2)(a) A physician assistant may register with the Oregon Medical Board for authority to dispense prescription drugs.
(b) Notwithstanding paragraph (a) of this subsection, and except as permitted under ORS 677.515 (5), a physician assistant may not dispense controlled substances classified in Schedule I or II under the federal Controlled Substances Act, 21 U.S.C. 811 and 812, as modified under ORS 475.035.
(3) A registration under this section must include any information required by the board by rule.
(4) Prescription drugs dispensed by a physician assistant must be personally dispensed by the physician assistant, except that nonjudgmental dispensing functions may be delegated to staff assistants when the accuracy and completeness of the prescription is verified by the physician assistant.
(5) The physician assistant shall maintain records of the receipt and distribution of prescription drugs. The records must be readily accessible for inspection by the board upon request of the board.
(6) The physician assistant shall ensure that a prescription drug dispensed by the physician assistant is labeled in compliance with the requirements of ORS 677.089 (3).
(7) The board has disciplinary authority regarding a physician assistant who has prescription drug dispensing authority. [2012 c.34 §2; 2017 c.335 §1; 2021 c.349 §1; 2023 c.314 §5]
Note:
677.511 was added to and made a part of 677.495 to 677.535 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.