Chapter 760 Oregon Laws 2005
Relating to podiatry; creating new provisions; amending ORS 677.010, 677.089, 677.235 and 677.805; and repealing ORS 677.855.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 677.010 is amended to read:
677.010. 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 served in a hospital that is approved by the board or by the Accreditation Council of Graduate Medical Education, the American Osteopathic Association or the Royal College of Physicians and Surgeons of Canada.
(2) “Board” means the Board of Medical Examiners for the State of Oregon.
(3) “Diagnose” means to examine another person in any manner to determine the source or nature of a disease or other physical or mental condition, or to hold oneself out or represent that a person is so examining another person. It is not necessary that the examination be made in the presence of such other person; it may be made on information supplied either directly or indirectly by such other person.
(4) “Dispense” means the preparation and delivery of a prescription drug, pursuant to a lawful order of a practitioner, in a suitable container appropriately labeled for subsequent administration to or use by a patient or other individual entitled to receive the prescription drug.
(5) “Dispensing physician” means a physician or podiatric physician and surgeon who purchases prescription drugs for the purpose of dispensing them to patients or other individuals entitled to receive the prescription drug and who dispenses them accordingly.
(6) “Drug” means all medicines and preparations for internal or external use of humans, intended to be used for the cure, mitigation or prevention of diseases or abnormalities of humans, which are recognized in any published United States Pharmacopoeia or National Formulary, or otherwise established as a drug.
(7) “Fellow” means an individual who has not qualified under ORS 677.100 (1) and (2) and who is pursuing some special line of study as part of a supervised program of a school of medicine, a hospital approved for internship or residency training, or an institution for medical research or education that provides for a period of study under the supervision of a responsible member of that hospital or institution, such school, hospital or institution having been approved by the board.
(8) “Impaired physician” means a physician who is unable to practice medicine with reasonable skill and safety by reason of mental illness; physical illness, including, but not limited to, physical deterioration that adversely affects cognition, motor or perceptive skill; or habitual or excessive use or abuse of drugs, alcohol or other substances that impair ability.
(9) “Intern” means an individual who has entered into a hospital or hospitals for the first year of post-graduate training.
(10) “License” means permission to practice, whether by license, registration or certification.
(11) “Licensee” means an individual holding a valid license issued by the board.
(12) “Physician” means any person who holds a degree of Doctor of Medicine or Doctor of Osteopathy.
(13) “Podiatric physician and surgeon” means a podiatric physician and surgeon licensed under ORS 677.805 to 677.855 to treat ailments of the human foot, ankle and tendons directly attached to and governing the function of the foot and ankle.
(14) “Prescribe” means to direct, order or designate the use of or manner of using by spoken or written words or other means.
(15) “Resident” means an individual who, after the first year of post-graduate training, in order to qualify for some particular specialty in the field of medicine, pursues a special line of study as part of a supervised program of a hospital approved by the board.
(16) “Approved school of medicine” means a school offering a full-time resident program of study in medicine or osteopathy leading to a degree of Doctor of Medicine or Doctor of Osteopathy, such program having been fully accredited or conditionally approved by the Liaison Committee on Medical Education, or its successor agency, or the American Osteopathic Association, or its successor agency, or having been otherwise determined by the board to meet the association standards as specifically incorporated into board rules.
SECTION 2. ORS 677.089 is amended to read:
677.089. (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 dispensing functions may be delegated to staff assistants when the accuracy and completeness of the prescription is verified by the physician or podiatric physician and surgeon.
(2) The dispensing physician shall maintain records of receipt and distribution of prescription drugs. These records shall be readily accessible and subject to inspection by the Board of Medical Examiners.
(3) The dispensing physician shall label prescription drugs with the following information:
(a) Name of patient;
(b) The name and address of the dispensing physician;
(c) Date of dispensing;
(d) The name of the drug but if the dispensed drug does not have a brand name, the prescription label shall indicate the generic name of the drug dispensed along with the name of the drug distributor or manufacturer, its quantity per unit and the directions for its use stated in the prescription. However, if the drug is a compound, the quantity per unit need not be stated;
(e) Cautionary statements, if any, as required by law; and
(f) When applicable and as determined by the State Board of Pharmacy, an expiration date after which the patient should not use the drug.
(4) Prescription drugs shall be dispensed in containers complying with the federal Poison Prevention Packaging Act unless the patient requests a noncomplying container.
SECTION 3. ORS 677.235 is amended to read:
677.235. (1) The Board of Medical Examiners for the State of Oregon consists of  12 members appointed by the Governor. Seven of the members shall be appointed from among persons having the degree of Doctor of Medicine, [and] two from among persons having the degree of Doctor of Osteopathy and one from among persons having the degree of Doctor of Podiatric Medicine. Of the seven members who hold the degree of Doctor of Medicine, there shall be at least one member appointed from each federal congressional district. In addition to the [nine] 10 named persons described, there shall be appointed two public members representing health consumers. All persons appointed must have been residents of this state for at least seven years. The physician members and the member who is a podiatric physician and surgeon must have been in the active practice of their profession for at least five years immediately preceding their appointment. Neither the public members nor any person within the immediate family of the public members shall be employed as a health professional or in any health-related industry. The public members shall be members of the investigative committee of the board. The member of the board who is a podiatric physician and surgeon may vote only on a matter before the board that has been determined by the board to involve a podiatric physician and surgeon.
(2) Not later than February 1 of each year, the Oregon Medical Association shall nominate three qualified physicians for each physician member of the board whose term expires in that year, and shall certify its nominees to the Governor. Not later than February 1 of each odd-numbered year, the Osteopathic Physicians and Surgeons of Oregon, Inc., shall nominate three physicians possessing the degree of Doctor of Osteopathy and shall certify its nominees to the Governor. Not later than February 1 of each third year, the Oregon Podiatric Medical Association shall nominate three podiatric physicians and surgeons possessing the degree of Doctor of Podiatric Medicine and shall certify its nominees to the Governor. The Governor shall consider these nominees in selecting successors to retiring board members.
(3) Each member of the board shall serve for a term of three years beginning on March 1 of the year the member is appointed and ending on the last day of February of the third year thereafter. No member shall serve more than two consecutive terms. If a vacancy occurs on the board, another qualifying member possessing the same professional degree or fulfilling the same public capacity as the person whose position has been vacated shall be appointed as provided in this section to fill the unexpired term.
(4) All appointments of members of the board by the Governor are subject to confirmation by the Senate in the manner provided in ORS 171.562 and 171.565.
SECTION 4. ORS 677.805 is amended to read:
677.805. As used in ORS 677.805 to 677.855:
(1) “Ankle” means the tibial plafond and its posterolateral border or posterior malleolus, the medial malleolus, the distal fibula or lateral malleolus, and the talus.
(2) “Board” means the Board of Medical Examiners for the State of Oregon.
[(3) “Council” means the Advisory Council on Podiatry.]
[(4)] (3) “Podiatric physician and surgeon” means a podiatric physician and surgeon whose practice is limited to treating ailments of the human foot, ankle and tendons directly attached to and governing the function of the foot and ankle.
[(5)] (4) “Podiatry” means the diagnosis or the medical, physical or surgical treatment of ailments of the human foot, ankle and tendons directly attached to and governing the function of the foot and ankle, except treatment involving the use of a general or spinal anesthetic unless the treatment is performed in a hospital certified in the manner described in ORS 441.055 (2) or in an ambulatory surgical center certified by the Department of Human Services and is under the supervision of or in collaboration with a physician licensed to practice medicine by the Board of Medical Examiners for the State of Oregon. “Podiatry” does not include the administration of general or spinal anesthetics or the amputation of the entire foot.
SECTION 5. ORS 677.855 is repealed.
SECTION 6. No later than February 1, 2006, the Oregon Podiatric Medical Association shall nominate three persons possessing the degree of Doctor of Podiatric Medicine and certify its nominees to the Governor. The Governor shall consider those nominees in making an appointment of a podiatric physician and surgeon to the Board of Medical Examiners for the State of Oregon as provided in ORS 677.235, as amended by section 3 of this 2005 Act. The Governor shall make the appointment described in this section for a term beginning March 1, 2006.
Approved by the Governor August 23, 2005
Filed in the office of Secretary of State August 23, 2005
Effective date January 1, 2006