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 619
Senate Bill 238
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Board of Medical Examiners)
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 as
introduced.
Substitutes 'license' for 'registration' or ' certification.'
Deletes requirement that Board of Medical Examiners establish
continuing education requirements for renewal of license. Deletes
requirement that Board of Medical Examiners approve Oriental
texts used in preparing Oriental pharmacopoeia. Makes other
changes related to medical professions.
A BILL FOR AN ACT
Relating to medical professions; amending ORS 677.110, 677.120,
677.132, 677.172, 677.184, 677.190, 677.495, 677.500, 677.510,
677.515, 677.535, 677.540, 677.545, 677.757, 677.830 and
677.866; and repealing ORS 677.455.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 677.110 is amended to read:
677.110. (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 Osteopathy. The examination shall be sufficient to
test the applicant's fitness to practice medicine. The
examination shall be conducted in such a manner as to conceal the
identity of the applicant until all examinations have been
scored. In all such examinations an average score of not less
than 75 is required for passing. The board may require the
applicant to take and pass the
{ - Federation - } { + United States Medical + } Licensing
Examination, also known as { - FLEX - } { + USMLE + }.
(2) The Board of Medical Examiners for the State of Oregon may
accept a certificate issued by the National Board of Medical
Examiners of the United States or the National Board of
{ - Examiners for Osteopathic Physicians and Surgeons - }
{ + Osteopathic Medical Examiners, Inc., + } or the Medical
Council of Canada or successful completion of the United States
Medical Licensing Examination in lieu of its own examination.
(3) If an applicant fails the examination, the board may permit
the applicant to take a subsequent examination, if the applicant
has otherwise complied with the law and the rules of the board.
(4) After any applicant satisfactorily passes the examination
in the required subjects, and otherwise complies with the law and
the rules of the board, the board shall grant a license to the
applicant to practice medicine in Oregon.
SECTION 2. ORS 677.120 is amended to read:
677.120. (1) A physician and surgeon who lawfully has been
issued a license to practice in another state or territory of the
United States or the District of Columbia, the qualifications and
licensing examinations of which are substantially similar to
those of the State of Oregon, may be licensed by the Board of
Medical Examiners for the State of Oregon to practice medicine in
this state without taking an examination, except when an
examination is required under subsection (2) of this section.
(2) The person described in subsection (1) of this section,
whose application is based on a license issued in another state
or territory or the District of Columbia, or by certification of
the National Board of Medical Examiners of the United States or
the National Board of { - Examiners for Osteopathic Physicians
and Surgeons - } { + Osteopathic Medical Examiners, Inc., + }
or the Medical Council of Canada or successful completion of the
United States Medical Licensing Examination, 10 years or more
prior to the filing of an application with the board or who has
ceased the practice of medicine for 12 or more consecutive
months, may be required by the board to take an examination.
SECTION 3. ORS 677.132 is amended to read:
677.132. (1) When a need exists, the Board of Medical Examiners
for the State of Oregon may issue a limited license for a
specified period to an applicant who possesses the qualifications
prescribed by the rules of the board. The board shall supervise
the activities of the holder of a limited license and impose such
restrictions as it finds necessary. { - Each person holding a
limited license must obtain an unlimited license at the earliest
time possible. After such time the board shall refuse to renew a
limited license at the end of a specified period if it determines
that the holder thereof is not pursuing diligently an attempt to
become qualified for a license. - }
(2) The board by rule shall prescribe the types of and
limitations upon licenses issued under this section.
(3) A person licensed under this section is subject to all the
provisions of this chapter and to all the rules of the board, has
the same duties and responsibilities and is subject to the same
penalties and sanctions as any other person licensed under this
chapter.
SECTION 4. ORS 677.172 is amended to read:
677.172. (1) Any person licensed to practice under this chapter
who changes location during the period between any two
registration dates shall notify the Board { + of Medical
Examiners for the State of Oregon + }of the change within 30
days after such change.
(2) Any person who is newly licensed by the board to practice
under this chapter during the period between any two registration
dates shall immediately register and pay the registration fee for
that period.
(3)(a) Any person licensed under this chapter who changes
location of practice to some other state or country shall be
listed by the board as inactive { + or locum tenens + }. Absence
from the state of a person licensed by the board does not affect
the validity of the license if the licensee notifies the board of
such absence from the state and pays the inactive { + or locum
tenens + } registration fee during such absence.
(b) Before resuming practice in the state, the licensee shall
notify the board of the intention to resume active practice in
the state and obtain a certificate of active { + or locum
tenens + } registration for the renewal period during which the
licensee returns. The fee shall be the active registration fee
less any
{ - inactive - } registration fee previously paid for that
renewal period.
(c) The licensee shall file an affidavit with the board
describing medically related activities during the period of
inactive { + or locum tenens + } registration. If, in the
judgment of the board, the conduct of the licensee has been,
during the period of inactive { + or locum tenens + }
registration, such that the licensee would have been denied a
license if applying for an initial license, the board may deny
active registration and may take further action as appropriate.
SECTION 5. ORS 677.184 is amended to read:
677.184. (1) On each license issued by it, the Board of Medical
Examiners for the State of Oregon { - shall - } { + may + }
enter after the name of the person holding the license the degree
to which the person is entitled { + , or its equivalent, + } by
reason of the diploma of graduation from a school of medicine
which, at the time of the graduation of such person, was approved
by the board for purposes of ORS 677.100.
(2) The license shall be displayed in a prominent place in the
licensee's office.
(3) In every letter, business card, advertisement, prescription
blank, sign, public listing or display in connection with the
profession of the person, each person licensed to practice
medicine in this state shall designate the degree appearing on
the license of the person pursuant to subsection (1) of this
section. Action taken by the board under ORS 677.190 for failure
to comply with this subsection does not relieve a person from
criminal prosecution for violation of ORS 676.100 to 676.120.
SECTION 6. 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) Unprofessional or dishonorable conduct.
(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. { + , + } ' { + ' R.C.P.' + } 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.
SECTION 7. ORS 677.495 is amended to read:
677.495. As used in ORS 677.495 to 677.550, unless the context
requires otherwise:
(1) 'Committee' means the Physician Assistant Committee created
in ORS 677.540.
(2) 'Medically disadvantaged area' means an area of the state
designated by the Director of Human Resources to be in need of
primary health care providers.
(3) 'Physician assistant' means a person who is
{ - registered - } { + licensed + } as a physician assistant
in accordance with ORS 677.505 to 677.525.
(4) 'Supervision' means the routine direction and regular
review by the supervising physician, as determined to be
appropriate by the Board of Medical Examiners for the State of
Oregon, of the medical services provided by the physician
assistant. The practice description shall provide for the
maintenance of direct, verbal communication either in person or
by means described in ORS 677.515 (4)(b) but the description
shall not require the physical presence at all times of the
supervising physician.
SECTION 8. ORS 677.500 is amended to read:
677.500. It is the intent of the Legislative Assembly in
requiring the { - certification - } { + licensure + } of
physician assistants that there be reasonable utilization of the
physician assistant by the supervising physician.
SECTION 9. ORS 677.510 is amended to read:
677.510. (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 Board { + of Medical Examiners
for the State of Oregon + }. The application shall state the name
of the physician assistant, describe the manner and extent to
which the physician assistant's services would be used and
supervised, state the education, training and experience of the
physician assistant and provide such other information in such a
form as the board may require.
(2) The board may approve or reject an application, or it may
modify the proposed use of the services of the assistant and
approve the application as modified. Approval shall be valid for
no more than one year but may be renewed annually. When it
appears to the board that the services of a physician assistant
are being used in a manner inconsistent with the approval
granted, the board may withdraw its approval. If a hearing is
requested by the physician or the physician assistant upon the
rejection of an application, or upon the withdrawal of an
approval, a hearing shall be conducted in accordance with ORS
677.200.
(3) A supervising physician may have a different specialty from
the physician assistant. A physician assistant may have two
supervising physicians. A supervising physician may have two
physician assistants. A physician assistant may render services
in an emergency room, a nursing home or a corrections
institution, if the site is included in the practice description.
(4) A { - certified - } { + licensed + } physician
assistant may make application to the board for emergency drug
dispensing authority. The board shall consider the criteria
adopted by the committee under ORS 677.545 (4) in reviewing the
application. Such emergency dispensing shall be of drugs prepared
by a licensed pharmacist.
SECTION 10. ORS 677.515 is amended to read:
677.515. (1) This chapter does not prohibit a person from
rendering medical services:
(a) If the person has satisfactorily completed a training
program, approved by the Board of Medical Examiners for the State
of Oregon, for physician assistants;
(b) If the services are rendered under the supervision and
control of a person licensed under this chapter to practice
medicine and the use of the assistant's services has been
approved by the board as provided by ORS 677.510; and
(c) If the person is { - registered - } { + licensed + } as
a physician assistant as provided by ORS 677.495 and 677.505 to
677.525.
(2) This chapter does not prohibit a student enrolled in an
approved program for training physician assistants from rendering
medical services if the services are rendered in the course of
the program.
(3) Notwithstanding subsections (1) and (2) of this section,
the degree of independent judgment that the physician assistant
may exercise shall be determined by the supervising physician and
the physician assistant in accordance with a practice description
approved by the board.
(4) A physician assistant may provide medical services to
ambulatory patients in a medical care setting where the
supervising physician does not regularly practice only if the
following conditions exist:
(a) The medical care setting is located in a medically
disadvantaged area;
(b) Direct communication either in person or by telephone,
radio, radiotelephone, television or similar means is maintained;
and
(c) The medical services provided by the physician assistant
are reviewed by the supervising physician on a regularly
scheduled basis as determined by the board.
(5) A supervising physician, upon the approval of the board and
in accordance with the rules established by the board, may
delegate to the physician assistant the authority to administer
and dispense limited emergency medications and to prescribe
medications pursuant to this section and ORS 677.535 to 677.550.
Neither the board nor the committee shall limit the privilege of
administering, dispensing and prescribing to medically
disadvantaged areas. All prescriptions written pursuant to this
subsection shall bear the name, office address and telephone
number of the supervising physician.
(6) Nothing in this chapter is intended to require or prohibit
a physician assistant from practicing in a hospital licensed
pursuant to ORS 441.015 to 441.097.
(7) Prescriptions for medications prescribed by a physician
assistant in accordance with this section and ORS 475.005,
677.010, 677.500, 677.510 and 677.535 to 677.550 and dispensed by
a licensed pharmacist may be filled by the pharmacist according
to the terms of the prescription, and the filling of such a
prescription shall not constitute evidence of negligence on the
part of the pharmacist if the prescription was dispensed within
the reasonable and prudent practice of pharmacy.
SECTION 11. ORS 677.535 is amended to read:
677.535. The Board of Medical Examiners for the State of Oregon
may grant { + a + } limited { - certification - }
{ + license + } to a physician assistant if:
(1) The applicant meets the qualifications of the board, the
application file is complete and no derogatory information has
been submitted but board approval is pending; or
(2) The physician assistant is changing employment.
SECTION 12. ORS 677.540 is amended to read:
677.540. (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 Board of Medical Examiners for the State of Oregon
shall appoint one of its members and one physician. One of the
two must supervise a physician assistant.
(b) The Oregon Society of Physician Assistants shall appoint
two physician assistants.
(c) The State Board of Pharmacy shall appoint one pharmacist.
(2) The term of each member of the committee shall be for three
years. A member shall serve until a successor is appointed. If a
vacancy occurs, it shall be filled for the unexpired term by a
person with the same qualifications as the retiring member.
(3) If any vacancy under subsection (1) of this section is not
filled within 45 days, the Governor shall make the necessary
appointment from the category which is vacant.
(4) The committee shall elect its own chairperson with such
powers and duties as the committee shall fix.
(5) A quorum of the committee shall be three members. The
committee shall hold a meeting at least once quarterly and at
such other times the committee considers advisable to review
requests for prescription and dispensing privileges and to review
applications for { - certification - } { + licensure + } or
renewal.
(6) The chairperson may call a special meeting of the Physician
Assistant Committee upon at least 10 days' notice in writing to
each member, to be held at any place designated by the
chairperson.
(7) The committee members are entitled to compensation and
expenses as provided in ORS 292.495.
SECTION 13. ORS 677.545 is amended to read:
677.545. The Physician Assistant Committee shall:
(1) Review all applications for physician assistants'
{ - certification - } { + licensure + } and for renewal
thereof.
(2) Review applications of physician assistants for dispensing
privileges.
(3) Recommend approval or disapproval of applications submitted
under subsection (1) or (2) of this section to the Board of
Medical Examiners for the State of Oregon.
(4) Recommend criteria to be used in granting dispensing
privileges under ORS 677.515.
(5) Recommend the formulary for prescriptive privileges which
may include all or parts of Schedules III, IV and V controlled
substances and the procedures for physician assistants and
supervising physicians to follow in exercising the prescriptive
privileges.
(6) Recommend the approval, disapproval or modification of the
application for prescriptive privileges for any physician
assistant.
SECTION 14. ORS 677.757 is amended to read:
677.757. 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
functional disorders by the stimulation of specific points on the
surface of the body by the insertion of needles. 'Acupuncture '
includes the treatment method of moxibustion, as well as the use
of electrical, thermal, mechanical or magnetic devices, with or
without needles, to stimulate acupuncture points and acupuncture
meridians and to induce acupuncture anesthesia or analgesia.
(b) The practice of acupuncture also includes the following
modalities as authorized by the Board of Medical Examiners for
the State of Oregon:
(A) Traditional and modern techniques of diagnosis and
evaluation;
(B) Oriental massage, exercise and related therapeutic methods;
and
(C) The use of Oriental pharmacopoeia, vitamins, minerals and
dietary advice.
(2) 'Oriental pharmacopoeia' means a list of herbs described in
traditional Oriental texts commonly used in accredited schools of
Oriental medicine { - if the texts are approved by the Board of
Medical Examiners for the State of Oregon - } .
SECTION 15. ORS 677.830 is amended to read:
677.830. (1) Notwithstanding the provisions of ORS 677.825, the
Board { + of Medical Examiners for the State of Oregon + } may
issue a license to practice podiatry without a written
examination of the applicant if the applicant has a license to
practice podiatry issued by a licensing agency of another state
or territory of the United States and the applicant complies with
the other provisions of ORS 677.805 to 677.855. Such a license
shall not be issued unless the requirements, including the
examination for such license are substantially similar to the
requirements of this state for a license to practice podiatry.
The board shall adopt rules governing the issuance of licenses to
persons applying under this section. The license may be evidenced
by a certificate of the board indorsed on the license issued by
the other state or territory, or by issuance of a license as
otherwise provided by ORS 677.805 to 677.855.
(2) The board may accept a certificate of successful
examination issued by the National Board of { - Podiatry - }
{ + Podiatric Medical + } Examiners in lieu of a written
examination given by the board.
(3) The board may require an applicant under subsection (1) or
(2) of this section to take an oral examination conducted by one
or more members of the board.
SECTION 16. ORS 677.866 is amended to read:
677.866. The Board of Medical Examiners for the State of Oregon
shall:
(1) Determine the qualifications and fitness of applicants for
licensure, renewal of license and reciprocal licenses.
(2) Adopt rules that are necessary to conduct its business,
carry out its duties and administer ORS 677.861 to 677.878.
(3) Examine, approve, issue, deny, revoke, suspend and renew
licenses to practice respiratory care under this chapter.
(4) Maintain a public record of persons licensed to practice
respiratory therapy under ORS 677.861 to 677.878.
(5) Establish standards of professional responsibility and
practice for persons licensed under ORS 677.861 to 677.878.
(6) Select a licensing examination that meets the standards of
the National Commission for Health Certifying Agencies or an
equivalent that is nationally recognized in testing respiratory
care competencies.
{ - (7) Establish continuing education requirements for
renewal of a license. - }
{ - (8) - } { + (7) + } Provide for waivers of
examinations, grandfathering requirements and temporary licenses
as considered appropriate.
{ - (9) - } { + (8) + } Establish examination and licensing
fees, renewal fees and fees for duplicate licenses. Subject to
the review of the Oregon Department of Administrative Services,
the fees and charges established under this subsection shall not
exceed the cost of administering the regulatory program of the
board pertaining to the purpose for which the fee or charge is
established, as recognized by the Legislative Assembly in the
board's budget, as the budget may be modified by the Emergency
Board.
SECTION 17. { + ORS 677.455 is repealed. + }
----------