Oregon Statutes - Chapter 677 - Regulation of Medicine, Podiatry and Acupuncture

677.010 Definitions.
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...
677.012 [1971 c.649 §2; renumbered 677.495]
677.015 Statement of purpose.
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...
677.020 [Repealed by 1967 c.470 §68]
677.030 [Amended by 1957 c.681 §1; 1967 c.470 §8; renumbered 677.085]
677.040 [Amended by 1967 c.470 §59; renumbered 677.325]
677.050 [Amended by 1967 c.470 §7; renumbered 677.080]
677.055 [1971 c.649 §4; renumbered 677.505]
677.060 Persons and practices not within scope of chapter.
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...
677.065 [1971 c.649 §3; 1979 c.778 §2; 1981 c.220 §3; 1981 c.693 §28; renumbered 677.515]
677.070
[Amended by 1967 c.470 §5; 1983 c.486 §4; repealed by 1989 c.830 §49]
677.075 [Formerly 677.340; repealed by 1989 c.830 §49]
677.080 Prohibited acts.
No person shall: (1) Knowingly make any false statement or representation on a matter, or willfully conceal any fact material to the right of the...
677.082 Expression of regret or apology by licensee.
(1) For the purposes of any civil action against a person licensed by the Oregon Medical Board, any expression of regret or apology made by...
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...
677.087 Physicians and podiatric physicians and surgeons required to perform agreed upon surgery personally.
(1) Any physician or podiatric physician and surgeon having agreed with a patient to perform any surgical operation or procedure, shall perform the surgery personally...
677.089 Physicians and podiatric physicians and surgeons dispensing prescription drugs to do so personally; records; required labeling information.
(1) Prescription drugs dispensed by a physician or podiatric physician and surgeon shall be personally dispensed by the physician or podiatric physician and surgeon. Nonjudgmental...
677.090 [1971 c.649 §6; renumbered 677.520]
677.095 Duty of care; legal issues not precluded by investigation or administrative proceeding.
(1) A physician or podiatric physician and surgeon licensed to practice medicine or podiatry by the Oregon Medical Board has the duty to use that...
677.097 Procedure to obtain informed consent of patient.
(1) In order to obtain the informed consent of a patient, a physician or podiatric physician and surgeon shall explain the following: (a) In general...
677.098 [1979 c.268 §2; repealed by 1989 c.830 §49]
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: ______________________________________________________________________________ (Physician�s...
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...
677.105 [1961 c.400 §4; repealed by 1967 c.470 §68]
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...
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...
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...
677.130 [Amended by 1967 c.470 §19; renumbered 677.145]
677.132 Limited license; rules.
(1) When a need exists, the Oregon Medical Board may issue a limited license for a specified period to an applicant who possesses the qualifications...
677.134 [1967 c.470 §13; 1975 c.776 §6; 1983 c.486 §12; repealed by 1989 c.830 §49]
677.135 Definition of �practice of medicine across state lines.�
As used in ORS 677.135 to 677.141, �the practice of medicine across state lines� means: (1) The rendering directly to a person of a written...
677.136 [1967 c.470 §14; repealed by 1989 c.830 §49]
677.137 License required for practice of medicine across state lines; exceptions.
(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...
677.138 [1967 c.470 §15; 1983 c.486 §13; repealed by 1989 c.830 §49]
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 a license for the practice of medicine across state lines if the...
677.140 [Amended by 1957 c.681 §4; repealed by 1967 c.470 §68]
677.141 Responsibilities; prohibited practices; confidentiality requirements.
(1) A physician issued a license under ORS 677.139 is subject to all the provisions of this chapter and to all the rules of the...
677.145 [Formerly 677.130; 1975 c.776 §11; 1979 c.292 §1; 1983 c.486 §14; repealed by 1989 c.830 §49]
677.150 [Amended by 1953 c.159 §6; 1959 c.154 §1; 1967 c.470 §21; 1983 c.486 §15; repealed by 1989 c.830 §49]
677.160 [Amended by 1967 c.470 §22; 1983 c.486 §16; 1987 c.377 §2; repealed by 1989 c.830 §49]
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]
677.172 Change of location of practice; effect.
(1) Any person licensed to practice under this chapter who changes location during the period between any two registration dates shall notify the Oregon Medical...
677.175 Retirement; cessation of practice.
(1) A person licensed to practice under this chapter may retire from practice by notifying the Oregon Medical Board in writing of such intention to...
677.180 [Amended by 1967 c.470 §26; 1983 c.486 §19; repealed by 1989 c.830 §49]
677.184 License to show degree held; display of license; use of degree on stationery and in displays.
(1) On each license issued by it, the Oregon Medical Board shall enter after the name of the person holding the license the degree to...
677.188 Definitions for ORS 677.190.
As used in ORS 677.190, unless the context requires otherwise: (1) �Fraud or misrepresentation� means the intentional misrepresentation or misstatement of a material fact, concealment...
677.190 Grounds for suspending, revoking or refusing to grant license, registration or certification; alternative medicine not unprofessional conduct.
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...
677.200 Disciplinary procedure.
Except as provided in ORS 677.202 or 677.205 (1)(a), any proceeding for disciplinary action of a licensee licensed under this chapter shall be substantially in...
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...
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...
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...
677.210 [Amended by 1967 c.470 §35; repealed by 1971 c.734 §21]
677.215 [1967 c.470 §37; repealed by 1971 c.734 §21]
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...
677.225 Automatic suspension of license for mental illness or imprisonment; termination of suspension.
(1) A person�s license issued under this chapter is suspended automatically if: (a) The licensee is adjudged to be mentally ill or is admitted on...
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...
677.230 [Repealed by 1967 c.470 §42 (677.235 enacted in lieu of 677.230)]
677.232 [1971 c.649 §8; 1979 c.292 §2; renumbered 677.525]
677.235 Oregon Medical Board; membership; terms; vacancies; confirmation.
(1) The Oregon Medical Board consists of 12 members appointed by the Governor. Seven of the members shall be appointed from among persons having the...
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...
677.250 Records to be kept.
The Oregon Medical Board shall keep a record of all the proceedings thereof, and also a record of all applicants for a license, together with...
677.255 [1971 c.649 §5; renumbered 677.530]
677.257 [1981 c.327 §2; renumbered 677.750]
677.259 [1973 c.451 §2; 1975 c.442 §1; 1983 c.486 §29; renumbered 677.755]
677.260 [Repealed by 1967 c.470 §49 (677.265 enacted in lieu of 677.260)]
677.261 [1975 c.442 §5; 1983 c.486 §30; renumbered 677.760]
677.262 [1975 c.442 §3; 1983 c.486 §66; renumbered 677.765]
677.263 [1975 c.442 §4; 1979 c.292 §3; 1983 c.486 §31; renumbered 677.770]
677.265 Powers of board generally; rules; fees; physician standard of care.
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...
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...
677.275 Executive director; administrative law judges.
(1) The Oregon Medical Board may appoint an executive director, who need not be a member of the board, and fix the compensation. The executive...
677.280 Employment of personnel; compensation and expenses of board members.
(1) Subject to any applicable provisions of the State Personnel Relations Law, the Oregon Medical Board may employ consultants, investigators and staff for the purpose...
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...
677.300 [Amended by 1967 c.470 §56; 1973 c.427 §16; 1983 c.486 §38; repealed by 1989 c.830 §49]
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...
677.310 [Amended by 1967 c.470 §58; repealed by 1989 c.830 §49]
677.320 Investigation of complaints and suspected violations.
(1) Upon the complaint of any citizen of this state, or upon its own initiative, the Oregon Medical Board may investigate any alleged violation of...
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...
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...
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...
677.340 [Amended by 1967 c.470 §6; renumbered 677.075]
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...
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:...
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...
677.370 Who may be donor.
No semen shall be donated for use in artificial insemination by any person who: (1) Has any disease or defect known by him to be...
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...
677.415 Investigation of incompetence; reports to board; contents; informal interview; penalty for failure to report official action.
(1) As used in this section: (a) �Health care facility� means a facility licensed under ORS 441.015 to 441.087. (b) �Official action� means a restriction,...
677.417 Medical incompetence, unprofessional conduct, licensee impairment; rules.
The Oregon Medical Board shall determine by rule what constitutes medical incompetence, unprofessional conduct or licensee impairment for the purposes of ORS chapter 677. [2003...
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...
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....
677.435 [1977 c.448 §§2,3,4; 1981 c.339 §4; repealed by 1987 c.774 §61]
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 or podiatric physician and surgeon�s activities...
677.455 [1993 c.323 §4; renumbered 677.837 in 1995]
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...
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...
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]
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...
677.485 [1995 c.380 §5; 2003 c.408 §3; 2007 c.86 §7; repealed by 2007 c.351 §5]
677.490 Fees when patient served 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...
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...
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...
677.495 Definitions for ORS 677.495 to 677.545.
As used in ORS 677.495 to 677.545, unless the context requires otherwise: (1) �Agent� means a physician designated by the supervising physician of a physician...
677.500 Policy.
It is the intent of the Legislative Assembly in requiring the licensure of physician assistants that there be reasonable utilization of the physician assistant by...
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,...
677.510 Board approval of using services of physician assistant; hearing; supervision; emergency drug dispensing authority; pain management education.
(1) A person licensed to practice medicine under this chapter shall not use the services of a physician assistant without the prior approval of the...
677.512 Licensure; renewal; fees; rules.
(1) A person seeking licensure as a physician assistant shall complete an application form provided by the Oregon Medical Board and submit the form to...
677.515 Medical services rendered by physician assistant.
(1) This chapter does not prohibit a person from rendering medical services: (a) If the person has satisfactorily completed an educational program for physician assistants,...
677.518 Authority to sign death certificate.
A physician assistant, practicing under the supervision of a person licensed to practice medicine under this chapter, is authorized to complete and sign death certificates....
677.520 Performance of medical services by unlicensed physician assistant prohibited.
Performance of any medical services by a physician assistant after the revocation or suspension of the license by the Oregon Medical Board, after expiration of...
677.525 Fees; how determined.
Every physician assistant shall pay to the Oregon Medical Board nonrefundable fees as determined by the board pursuant to ORS 677.265. [Formerly 677.232; 1983 c.486...
677.530 [Formerly 677.255; repealed by 1989 c.830 §49]
677.532 [1983 c.486 §47; repealed by 1989 c.830 §49]
677.535 Limited license.
The Oregon Medical Board may grant a limited license to a physician assistant if: (1) The applicant meets the qualifications of the board, the application...
677.540 Physician Assistant Committee; appointment; term.
(1) There is created a Physician Assistant Committee, which shall consist of five members. Members of the committee shall be appointed as follows: (a) The...
677.545 Duties of committee.
The Physician Assistant Committee shall: (1) Review all applications for physician assistants� licensure and for renewal thereof. (2) Review applications of physician assistants for dispensing...
677.550 [1981 c.220 §6; 1987 c.660 §25; 1989 c.830 §38; repealed by 1995 c.727 §48]
677.610 [1975 c.695 §2; 1977 c.581 §3; 1983 c.486 §49; repealed by 1989 c.782 §40]
677.615 Diversion Program Supervisory Council.
(1) There is established a Diversion Program Supervisory Council consisting of five members appointed by the Oregon Medical Board for the purpose of developing and...
677.620 [1975 c.695 §11; repealed by 1989 c.782 §40]
677.625 Medical director; appointment; duties.
(1) Subject to the approval of the Oregon Medical Board, the Diversion Program Supervisory Council shall appoint a medical director to serve at the pleasure...
677.630 [1975 c.695 §15; repealed by 1983 c.486 §68]
677.635 Contract for services to licensees who are chemically dependent; rules.
The Oregon Medical Board may enter into contracts to provide services for licensees who are chemically dependent and may, in accordance with ORS chapter 183,...
677.640 [1975 c.695 §12; 1983 c.486 §50; repealed by 1989 c.782 §40]
677.645 Referral in addition to or in lieu of discipline.
(1) In addition to or in lieu of any disciplinary action under ORS 677.205, the Oregon Medical Board may refer a licensee who is chemically...
677.650 [1975 c.695 §13; 1983 c.486 §51; repealed by 1989 c.782 §40]
677.655 Confidentiality of records and information; effect of successful completion of program.
(1) All records of the Diversion Program Supervisory Council are confidential and shall not be subject to public disclosure, nor shall the records be admissible...
677.660 [1975 c.695 §10; repealed by 1983 c.486 §68]
677.665 Immunity from civil liability.
The Oregon Medical Board, the Diversion Program Supervisory Council, and their members, employees and contractors shall be immune from any civil liability arising from good...
677.670 [1975 c.695 §14; 1979 c.292 §4; 1983 c.486 §52; 1989 c.830 §39; repealed by 1989 c.782 §40]
677.675 [1983 c.486 §55; renumbered 823.215 in 1989]
677.677 Rulemaking authority of board; fees and charges.
In addition to any other powers granted by ORS 677.615 to 677.677, the Oregon Medical Board may adopt necessary and proper rules for administration of...
677.680 [1975 c.695 §16; 1979 c.165 §1; 1983 c.486 §53; 1989 c.830 §40; repealed by 1989 c.782 §40]
677.690 [1975 c.695 §17; 1983 c.486 §56; repealed by 1989 c.782 §40 and 1989 c.830 §49]
677.700 [1975 c.695 §18; 1983 c.486 §57; repealed by 1989 c.782 §40]
677.750 [Formerly 677.257; repealed by 1991 c.204 §2]
677.755 [Formerly 677.259; 1991 c.204 §1; 1991 c.314 §1; repealed by 1993 c.378 §7]
677.757 Definitions for ORS 677.757 to 677.770.
As used in ORS 677.757 to 677.770: (1)(a) �Acupuncture� means an Oriental health care practice used to promote health and to treat neurological, organic or...
677.759 License required; qualifications; effect of using certain terms; rules.
(1) No person shall practice acupuncture without first obtaining a license to practice medicine and surgery or a license to practice acupuncture from the Oregon...
677.760 [Formerly 677.261; repealed by 1989 c.830 §49]
677.761 Persons and practices not within scope of ORS 677.757 to 677.770.
Nothing in ORS 677.757 to 677.770 is intended to: (1) Prevent, limit or interfere with an individual licensed or certified by the Oregon Medical Board...
677.765 Unauthorized practice by acupuncturist.
Performance of acupuncture without licensure or after the termination of licensure by the Oregon Medical Board or in the absence of renewal of licensure constitutes...
677.770 Fees.
Every physician or surgeon or other person licensed as an acupuncturist shall pay to the Oregon Medical Board nonrefundable fees as determined by the board...
677.775 [1983 c.486 §33; repealed by 1989 c.830 §49]
677.780 Acupuncture Advisory Committee; membership; terms.
(1) There is established an Acupuncture Advisory Committee consisting of six members appointed by the Oregon Medical Board. Of the committee members appointed by the...
677.785 Duties of committee.
The Acupuncture Advisory Committee shall: (1) Review and make recommendations concerning all applications to the Oregon Medical Board for acupuncture licensing or acupuncture license renewal....
677.805 Definitions for ORS 677.805 to 677.840.
As used in ORS 677.805 to 677.840: (1) �Ankle� means the tibial plafond and its posterolateral border or posterior malleolus, the medial malleolus, the distal...
677.810 License required to practice podiatry.
(1) No person shall practice podiatry without first obtaining from the Oregon Medical Board a license authorizing the practice of podiatry in this state, except...
677.812 Surgery on ankle; limitations.
Surgery of the ankle as defined in ORS 677.805 must be conducted: (1) In a hospital certified in the manner described in ORS 441.055 (2)...
677.815 Application of ORS 677.805 to 677.840.
(1) ORS 677.805 to 677.840 do not prevent: (a) Any person, firm or corporation from manufacturing, selling, fitting or adjusting any shoe or appliance designed...
677.820 Qualifications of applicants.
All applicants for a license to practice podiatry under ORS 677.805 to 677.840 shall: (1) Have attained the age of 18 years. (2) Be of...
677.825 Examination of applicants; issuing license; fees; reexamination.
Any person desiring a license to practice podiatry shall be examined by the Oregon Medical Board in subjects which the board may deem advisable. If...
677.830 Reciprocal licensing; use of national board examination.
(1) Notwithstanding the provisions of ORS 677.825, the Oregon Medical Board may issue a license to practice podiatry without a written examination of the applicant...
677.835 [Formerly 682.060; repealed by 1989 c.830 §49]
677.837 Continuing podiatric education required; exemption.
(1) Except as provided in subsection (2) of this section, all podiatric physicians and surgeons licensed under this chapter shall complete at least 50 hours...
677.840 Fees.
Every podiatric physician and surgeon shall pay to the Oregon Medical Board nonrefundable fees as determined by the board pursuant to ORS 677.265. [Formerly 682.065;...
677.845 [Formerly 682.080; repealed by 1989 c.830 §49]
677.850 [Formerly 682.090; repealed by 1989 c.830 §49]
677.855 [Formerly 682.150; 1989 c.830 §45; 2001 c.345 §3; repealed by 2005 c.760 §5]
677.860 [Formerly 682.160; repealed by 1989 c.830 §49]
677.861 [1991 c.772 §2; repealed by 1997 c.792 §33]
677.862 [1991 c.772 §4; repealed by 1997 c.792 §33]
677.864 [1991 c.772 §3; repealed by 1997 c.792 §33]
677.865 [Formerly 682.170; repealed by 1989 c.830 §49]
677.866 [1991 c.772 §8; repealed by 1997 c.792 §33]
677.868 [1991 c.772 §10; repealed by 1997 c.792 §33]
677.869 [1991 c.772 §11; repealed by 1997 c.792 §33]
677.870 [Formerly 682.191; repealed by 1989 c.830 §49]
677.871 [1991 c.772 §13; repealed by 1997 c.792 §33]
677.873 [1991 c.772 §5; repealed by 1997 c.792 §33]
677.874 [1991 c.772 §7; repealed by 1997 c.792 §33]
677.875 [Formerly 682.200; repealed by 1989 c.830 §49]
677.876 [1991 c.772 §9; repealed by 1997 c.792 §33]
677.878 [1991 c.772 §12; repealed by 1997 c.792 §33]
677.880 [Formerly 682.210; repealed by 1989 c.830 §49]
677.990 Penalties.
(1) Violation of any provision of this chapter is a misdemeanor. In any prosecution for such violation, it shall be sufficient to sustain a conviction...

Last modified: August 7, 2008