68th OREGON LEGISLATIVE ASSEMBLY--1995 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2716
A-Engrossed
House Bill 3340
Ordered by the House May 2
Including House Amendments dated May 2
Sponsored by Representative WELSH; Representatives FISHER, MEEK,
OAKLEY, PROZANSKI, STARR, TARNO, VANLEEUWEN, WOOTEN
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Establishes { - guidelines for alternative - } { + that
nontraditional + } medical treatment { + does not, by itself,
constitute unprofessional conduct + }. Defines { - '
alternative medical treatment.' - } { + ' nontraditional
medical treatment.' + }
A BILL FOR AN ACT
Relating to alternative medicine; amending ORS 677.190.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 677.190 is amended to read:
677.190. The Board of Medical Examiners for the State of Oregon
may refuse to grant, or may suspend or revoke a license to
practice issued under this chapter 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 constitute
unprofessional conduct. For purposes of this paragraph, '
alternative medical treatment' means a treatment:
(A)(i) That is not recognized by a specialty board of the
American Board of Medical Specialties;
(ii) That is not approved by the United States Food and Drug
Administration; or
(iii) That uses the therapeutic agents listed in the United
States Pharmacopoeia or the Homeopathic Pharmacopoeia of the
United States; and
(B) Has been demonstrated to be effective in the medical
literature, professional conferences or in the personal
experience of the physician and the use of which presents no
greater risk to a patient than the generally recognized or
standard treatment. + }
(2) Employing any person to solicit patients for the licensee.
(3) Representing to a patient that a manifestly incurable
condition of sickness, disease or injury can be cured.
(4) Obtaining any fee by fraud or misrepresentation.
(5) Willfully or negligently divulging a professional secret.
(6) Conviction of any offense punishable by incarceration in a
Department of Corrections institution or in a federal prison,
subject to ORS 670.280. A copy of the record of conviction,
certified to by the clerk of the court entering the conviction,
shall be conclusive evidence.
(7) Habitual or excessive use of intoxicants, drugs or
controlled substances.
(8) Fraud or misrepresentation in applying for or procuring a
license to practice in this state, or in connection with applying
for or procuring registration.
(9) Making false or misleading statements regarding skill or
the efficacy or value of the medicine, treatment or remedy
prescribed or administered by the licensee or at the direction of
the licensee in the treatment of any disease or other condition
of the human body or mind.
(10) Impersonating another licensee licensed under this chapter
or permitting or allowing any person to use the license.
(11) Aiding or abetting the practice of medicine or podiatry by
a person not licensed by the board.
(12) Using the name of the licensee under the designation '
doctor,' 'Dr.,' 'D.O.' or 'M.D.,' 'D.P.M., ' ' Acupuncturist,'
'P.A.' or any similar designation in any form of advertising that
intentionally tends to deceive or mislead the public, or that is
untruthful.
(13) Insanity or mental disease as evidenced by an adjudication
or by voluntary commitment to an institution for treatment of a
mental disease, or as determined by an examination conducted by
three impartial psychiatrists retained by the board.
(14) Gross negligence or repeated negligence in the practice of
medicine or podiatry.
(15) Manifest incapacity to practice medicine or podiatry
including failing a competency examination ordered by the board.
(16) Disciplinary action by another state of a license to
practice, based upon acts by the licensee similar to acts
described in this section. A certified copy of the record of the
disciplinary action of the state is conclusive evidence thereof.
(17) Failing to designate the degree appearing on the license
under circumstances described in ORS 677.184 (3).
(18) Willfully violating any provision of this chapter or any
rule adopted by the board, board order, or failing to comply with
a board request pursuant to ORS 677.320.
(19) Failing to report the change of the location of practice
of the licensee as required by ORS 677.228.
(20) Adjudication of or admission to a hospital for mental
illness or imprisonment as provided in ORS 677.225.
(21) Making a fraudulent claim.
(22)(a) Performing psychosurgery.
(b) For purposes of this subsection and ORS 426.385, '
psychosurgery' means any operation designed to produce an
irreversible lesion or destroy brain tissue for the primary
purpose of altering the thoughts, emotions or behavior of a human
being. 'Psychosurgery' does not include procedures which may
produce an irreversible lesion or destroy brain tissues when
undertaken to cure well-defined disease states such as brain
tumor, epileptic foci and certain chronic pain syndromes.
(23) Refusing an invitation for an informal interview with the
board requested under ORS 677.415.
(24) Violation of Federal Controlled Substance Act.
(25) Prescribing controlled substances without a legitimate
medical purpose or prescribing controlled substances without
following accepted procedures for examination of patients or
prescribing controlled substances without following accepted
procedures for record keeping.
(26) Failure by the licensee to report to the board any adverse
action taken against a licensee by another licensing
jurisdiction, any peer review body, any health care institution,
any professional or medical society or association, any
governmental agency, any law enforcement agency, or any court for
acts or conduct similar to acts or conduct that would constitute
grounds for disciplinary action as described in this section.
(27) Failure by the licensee to notify the board of a
licensee's voluntary resignation from the staff of a health care
institution or voluntary limitation of a licensee's staff
privileges at such institution if that action occurs while the
licensee is under investigation by the institution or a committee
thereof for any reason related to possible medical incompetence,
unprofessional conduct or mental or physical impairment.
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