Title 52, Occupations and Professions

As used in this chapter, subject to the exemptions in ORS 677.060 and unless the context requires otherwise: (1) “Approved internship” means the first year of post-graduate training that is accredited by the Accreditation Council for Graduate Medical Education or its successor or…

Recognizing that to practice medicine is not a natural right of any person but is a privilege granted by legislative authority, it is necessary in the interests of the health, safety and welfare of the people of this state to provide for the granting of that privilege and the reg…

This chapter does not affect or prevent the following: (1) The practice of medicine or podiatry in this state by any commissioned medical or podiatric officer serving in the Armed Forces of the United States or Public Health Service, or any medical or podiatric officer on duty wi…

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 sur…

(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 t…

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 receiv…

(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 phys…

(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 physicia…

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 proh…

(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 com…

(1) In order to obtain the informed consent of a patient, a physician or physician associate 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 t…

(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: ______________________________________________________________________________ (Physician’s name) is participating in the Medicare …

(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…

(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 applicant’s fitnes…

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 reciproca…

(1)(a) When a need exists, the Oregon Medical Board may issue a limited license for a specified period to an applicant who possesses the qualifications prescribed by the rules of the board. (b) The board shall supervise the activities of the holder of a limited license and impose…

(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 pract…

As used in ORS 677.135 to 677.141: (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 o…

(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…

(1) Upon application, the Oregon Medical Board may issue to an out-of-state physician or physician associate a license for the practice of medicine across state lines if the physician or physician associate holds a full, unrestricted license to practice medicine in any other stat…

(1) A physician or physician associate 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…

(1) The Oregon Medical Board may issue a provisional license to a qualified internationally trained physician. To be considered for a provisional license under this section, an internationally trained physician must have: (a) Graduated from a school of medicine with a degree subs…

Not later than February 1 of each odd-numbered year, the Oregon Medical Board shall report, in the manner provided in ORS 192.245, to the interim committees of the Legislative Assembly related to health care, on the provisional licensure of internationally trained physicians unde…

(1) Any person licensed to practice under this chapter who changes location during the period between any two registration dates shall notify the Oregon Medical Board of the change within 30 days after such change. (2) Any person who is newly licensed by the board to practice und…

(1) A person licensed to practice under this chapter may retire from practice by notifying the Oregon Medical Board in writing of such intention to retire. Upon receipt of this notice the board shall record the fact that the person is retired and excuse such person from further p…

(1) On each license issued by it, the Oregon Medical Board shall enter after the name of the person holding the license the degree to which the person is entitled by reason of the diploma of graduation from a school of medicine which, at the time of the graduation of such person,…

As used in ORS 677.190, unless the context requires otherwise: (1) “Fraud or misrepresentation” means the intentional misrepresentation or misstatement of a material fact, concealment of or failure to make known any material fact, or any other means by which misinformation or a f…

The Oregon Medical Board may refuse to grant, or may suspend or revoke, a license to practice for any of the following reasons: (1)(a) Unprofessional or dishonorable conduct. (b) For purposes of this subsection, the use of an alternative medical treatment shall not by itself cons…

Except as provided in ORS 677.202 or 677.205 (1)(a), any proceeding for disciplinary action of a licensee licensed under this chapter shall be substantially in accord with the following procedure: (1) A written complaint of some person, not excluding members or employees of the O…

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]

(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 vi…

(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 …

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…

(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 license…

(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) Compl…

(1) The Oregon Medical Board consists of 14 members appointed by the Governor and subject to confirmation by the Senate in the manner provided in ORS 171.562 and 171.565. All members of the board must be residents of this state. Of the members of the board: (a) Six must have the …

(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 o…

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 in…

In addition to any other powers granted by this chapter, the Oregon Medical Board may: (1) Adopt necessary and proper rules for administration of this chapter including but not limited to: (a) Establishing fees and charges to carry out its legal responsibilities, subject to prior…

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 ci…

Each administrative law judge conducting hearings on behalf of the Oregon Medical 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, pro…

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 compensa…

(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 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]

(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 thi…

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 …

(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…

(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 a…

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 lice…

(1) As used in this section: (a) “Health care facility” means a facility licensed under ORS 441.015 to 441.119 and 441.993. (b) “Official action” means a restriction, limitation, loss or denial of privileges of a licensee to practice medicine, or any formal action taken against a…