Chapter 86
AN ACT
SB 147
Relating to Board of Medical Examiners for the State of
Be It Enacted by the People of
the State of
SECTION 1.
ORS 677.235 is amended to read:
677.235. (1) The [Board of Medical Examiners for the State of
Oregon] Oregon Medical Board 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, 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 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 2. (1)
The amendments to ORS 677.235 by section 1 of this 2007 Act are intended to
change the name of the “Board of Medical Examiners for the State of
(2) For the purpose of
harmonizing and clarifying statute sections published in Oregon Revised
Statutes, the Legislative Counsel may substitute for words designating the “Board
of Medical Examiners for the State of Oregon” or the “Board of Medical
Examiners,” wherever they occur in Oregon Revised Statutes, other words
designating the “Oregon Medical Board.”
SECTION 3.
ORS 677.290 is amended to read:
677.290. (1) All moneys
received by the [Board of Medical
Examiners for the State of Oregon] Oregon Medical Board under this
chapter shall be paid into the General Fund in the State Treasury and placed to
the credit of the [Board of Medical
Examiners Account] Oregon Medical Board Account which is established.
Such moneys are appropriated continuously and shall be used only for the
administration and enforcement of this chapter.
(2) Notwithstanding
subsection (1) of this section, the board may maintain a revolving
account in a sum not to exceed $50,000 for the purpose of receiving and paying
pass-through moneys relating to peer review pursuant to its duties under ORS
441.055 (6) and (7) and in administering programs pursuant to its duties under
this chapter relating to the education and rehabilitation of licensees in the
areas of chemical substance abuse, inappropriate prescribing and medical
competence. The creation of and disbursement of moneys from the revolving
account shall not require an allotment or allocation of moneys pursuant to ORS
291.234 to 291.260. All moneys in the account are continuously appropriated for
purposes set forth in this subsection.
(3) Each year $10 shall
be paid to the Oregon Health and Science University for each actively in-state
registered physician under ORS 677.265 which amount is continuously
appropriated to the Oregon Health and Science University to be used in
maintaining a circulating library of medical and surgical books and
publications for the use of practitioners of medicine in this state, and when
not so in use to be kept at the library of the School of Medicine and
accessible to its students. The balance of the money received by the board is
appropriated continuously and shall be used only for the administration and
enforcement of this chapter, but any part of the balance may, upon the order of
the board, be paid into the circulating library fund.
SECTION 4.
ORS 343.146 is amended to read:
343.146. (1) To receive
special education, children with disabilities shall be determined eligible for
special education services under a school district program approved under ORS
343.045 and as provided under ORS 343.221.
(2) Before initially
providing special education, the school district shall ensure that a full and
individual evaluation is conducted to determine the child’s eligibility for
special education and the child’s special educational needs.
(3) Eligibility for
special education shall be determined pursuant to rules adopted by the State
Board of Education.
(4) Each school district
shall conduct a reevaluation of each child with a disability in accordance with
rules adopted by the State Board of Education.
(5) If a medical or
vision examination or health assessment is required as part of an initial
evaluation or reevaluation, the evaluation shall be given:
(a) In the case of a
medical examination, by a physician licensed to practice by a state board of
medical examiners or a state medical board;
(b) In the case of a
health assessment, by a nurse licensed by a state board of nursing and
specially certified as a nurse practitioner or by a licensed physician
assistant; and
(c) In the case of a
vision examination, by an ophthalmologist or optometrist licensed by a state
board.
SECTION 5.
ORS 677.120 is amended to read:
677.120. (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 primary physical
health, dental or mental health services to low-income patients without charge
or using a sliding fee scale based on the income of the patient.
(2) 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] Oregon Medical Board
to practice medicine in this state without taking an examination, except when
an examination is required under subsection (3) or (4) of this section.
(3) A person described
in subsection (2) of this section, whose application is based on a license
issued in another state or territory or the District of Columbia, certification
of the National Board of Medical Examiners of the United States, the National
Board of Examiners for Osteopathic Physicians and Surgeons 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] Oregon Medical
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.
(4) A person described
in subsection (2) of this section who volunteers at a health clinic and whose
application is based on a license issued in another state or territory or the
District of Columbia, certification of the National Board of Medical Examiners
of the United States, the National Board of Examiners for Osteopathic
Physicians and Surgeons or the Medical Council of Canada or successful
completion of the United States Medical Licensing Examination or the Federation
Licensing Examination may be required by the [board] Oregon Medical Board to take a national licensing
examination if the person has ceased the practice of medicine for 24 or more
consecutive months immediately prior to filing the application.
(5) The [board] Oregon Medical Board shall
make the application under subsection (4) of this section available online. A
physician and surgeon applying for a license under subsection (4) of this
section shall pay to the board an application fee as determined by the board
pursuant to ORS 677.265.
SECTION 6.
ORS 677.265 is amended to read:
677.265. In addition to
any other powers granted by this chapter, the [Board of Medical Examiners for the State of Oregon] 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 approval
by the Oregon Department of Administrative Services and a report to the
Emergency Board prior to adopting the fees and charges. The fees and charges
shall be within the budget authorized by the Legislative Assembly as that
budget may be modified by the Emergency Board. The fees and charges established
under this section may not exceed the cost of administering the program or the
purpose for which the fee or charge is established, as authorized by the Legislative
Assembly for the [board’s]
(b) Establishing
standards and tests to determine the moral, intellectual, educational,
scientific, technical and professional qualifications required of applicants
for licenses under this chapter.
(c) Enforcing the
provisions of this chapter and exercising general supervision over the practice
of medicine and podiatry within this state. In determining whether to
discipline a licensee for a standard of care violation, the [board] Oregon Medical Board shall
determine whether the licensee used that degree of care, skill and diligence
that is used by ordinarily careful physicians or podiatric physicians and
surgeons in the same or similar circumstances in the community of the physician
or podiatric physician and surgeon or a similar community.
(2) Issue, deny, suspend
and revoke licenses and limited licenses, assess costs of proceedings and fines
and place licensees on probation as provided in this chapter.
(3) Use the gratuitous
services and facilities of private organizations to receive the assistance and
recommendations of the organizations in administering this chapter.
(4) Make its personnel
and facilities available to other regulatory agencies of this state, or other
bodies interested in the development and improvement of the practice of
medicine or podiatry in this state, upon terms and conditions for reimbursement
as are agreed to by the [board] Oregon
Medical Board and the other agency or body.
(5) Appoint examiners,
who need not be members of the [board]
Oregon Medical Board, and employ or contract with the American Public
Health Association or the National Board of Medical Examiners or other organizations,
agencies and persons to prepare examination questions and score examination
papers.
(6) Determine the
schools, colleges, universities, institutions and training acceptable in
connection with licensing under this chapter. All residency, internship and
other training programs carried on in this state by any hospital, institution
or medical facility shall be subject to approval by the [board] Oregon Medical Board. The board shall accept the
approval by the American Osteopathic Association or the American Medical
Association in lieu of approval by the board.
(7) Prescribe the time,
place, method, manner, scope and subjects of examinations under this chapter.
(8) Prescribe all forms
that it considers appropriate for the purposes of this chapter, and require the
submission of photographs and relevant personal history data by applicants for
licensure under this chapter.
(9) For the purpose of
requesting a state or nationwide criminal records check under ORS 181.534,
require the fingerprints of a person who is:
(a) Applying for a
license that is issued by the board;
(b) Applying for renewal
of a license that is issued by the board; or
(c) Under investigation
by the board.
(10) Administer oaths,
issue notices and subpoenas in the name of the board, enforce subpoenas in the
manner authorized by ORS 183.440, hold hearings and perform such other acts as
are reasonably necessary to carry out its duties under this chapter.
SECTION 7.
ORS 677.485 is amended to read:
677.485. Prior to
commencing the treatment of intractable pain as allowed under ORS 677.474, the
physician shall provide to the person and the person shall sign a written
notice, provided and approved by the [board]
Oregon Medical Board, disclosing the material risks associated with the
prescribed or administered controlled substances to be used in the course of
the physician’s treatment of that person.
SECTION 8.
ORS 677.677 is amended to read:
677.677. In addition to
any other powers granted by ORS 677.615 to 677.677, the [Board of Medical Examiners] Oregon Medical Board may adopt
necessary and proper rules for administration of ORS 677.615 to 677.677
including, but not limited to, establishing fees and charges to carry out its
legal responsibilities, subject to prior approval by the Oregon Department of
Administrative Services and a report to the Emergency Board prior to adopting
the fees and charges. The fees and charges established under this section shall
not exceed the cost of administering the program of the Diversion Program
Supervisory Council, as authorized by the Legislative Assembly within the [board’s] Oregon Medical Board’s
budget, or as the budget may be modified by the Emergency Board, and shall be
maintained in an account separate from other funds of the [board] Oregon Medical Board.
SECTION 9.
ORS 677.830 is amended to read:
677.830. (1)
Notwithstanding the provisions of ORS 677.825, the [Board of Medical Examiners] Oregon Medical Board 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 677.840. 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 677.840.
(2) The [board] Oregon Medical Board may
accept a certificate of successful examination issued by the National Board of
Podiatry Examiners in lieu of a written examination given by the [board] Oregon Medical Board.
(3) The [board] Oregon Medical 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.
Approved by the Governor May 7, 2007
Filed in the office of Secretary of State May 7, 2007
Effective date January 1, 2008
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