Chapter 351
AN ACT
SB 880
Relating to treatment of pain; amending ORS 677.190, 677.470, 677.474
and 677.480; and repealing ORS 677.485.
Be It Enacted by the People of
the State of
SECTION 1. ORS 677.470 is amended to read:
677.470. As used in ORS
677.470 to 677.485:
(1) “Controlled
substance” has the meaning given that term under ORS 475.005.
[(2) “Intractable pain” means a pain state in which the cause of the
pain cannot be removed or otherwise treated and for which, in the generally
accepted course of medical practice, no relief or cure of the cause of the pain
has been found after reasonable efforts, including, but not limited to,
evaluation by the attending physician.]
(2) “Health care
professional” means a person licensed by a health professional regulatory board
who is practicing within the scope of practice of that licensure and who is
authorized to prescribe or administer controlled substances.
(3) “Health professional
regulatory board” has the meaning given that term in ORS 676.440.
SECTION 2. ORS 677.474 is amended to read:
677.474. (1)
Notwithstanding any other provision of this chapter and notwithstanding ORS
678.010 to 678.410 and ORS chapters 679 and 689, a [physician licensed under this chapter] health care professional
may prescribe or administer controlled substances to a person in the course of
[the physician’s treatment of] treating
that person for a diagnosed condition causing [intractable] pain.
(2) A [physician] health care professional
shall not be subject to disciplinary action by [the Board of Medical Examiners] a health professional regulatory
board for prescribing or administering controlled substances in the course
of treatment of a person for [intractable]
pain with the goal of controlling the patient’s pain for the duration of the
pain.
(3) Subsections (1) and
(2) of this section do not apply to:
(a) A [physician’s] health care professional’s
treatment of a person for chemical dependency resulting from the use of
controlled substances;
(b) The prescription or
administration of controlled substances to a person the [physician] health care professional knows to be using the
controlled substances for nontherapeutic purposes;
(c) The prescription or
administration of controlled substances for the purpose of terminating the life
of a person having [intractable]
pain, except as allowed under ORS 127.800 to 127.897; or
(d) The prescription or
administration of a substance that is not a controlled substance approved by
the United States Food and Drug Administration for pain relief.
(4) Subsection (2) of
this section does not exempt the governing body of any hospital or other
medical facility from the requirements of ORS 441.055.
SECTION 3. ORS 677.480 is amended to read:
677.480. ORS 677.474
does not prohibit [the Board of Medical
Examiners] a health professional regulatory board from placing on
probation or denying, revoking, limiting or suspending the license of any [physician] health care professional
who does any of the following:
(1) Prescribes or
administers a controlled substance or treatment that is nontherapeutic in nature or nontherapeutic as administered or prescribed or
that is administered or prescribed for a nontherapeutic purpose.
(2) Fails to keep a
complete and accurate record of controlled substance purchases, dispensing and
disposal as required by the Comprehensive Drug Abuse Prevention and Control Act
of 1970 (P.L. 91-513), other federal law or ORS 475.005 to 475.285 and 475.840
to 475.980.
(3) Prescribes
controlled substances without a legitimate medical purpose.
(4) Prescribes,
administers or dispenses controlled substances in a manner detrimental to the
best interest of the public.
(5) Prescribes,
administers or dispenses a controlled substance in a manner prohibited under
ORS 475.005 to 475.285 or 475.840 to 475.980.
(6) Falsifies
prescription information, including, but not limited to, the identity of the
recipient.
SECTION 4. ORS 677.190 is amended to read:
677.190. The Board of
Medical Examiners for the State of
(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:
(A) “Alternative medical
treatment” means:
(i) A treatment that the
treating physician, based on the physician’s professional experience, has an
objective basis to believe has a reasonable probability for effectiveness in
its intended use even if the treatment is outside recognized scientific
guidelines, is unproven, is no longer used as a generally recognized or
standard treatment or lacks the approval of the United States Food and Drug Administration;
(ii) A treatment that is
supported for specific usages or outcomes by at least one other physician
licensed by the Board of Medical Examiners; and
(iii) A treatment that
poses no greater risk to a patient than the generally recognized or standard
treatment.
(B) “Alternative medical
treatment” does not include use by a physician of controlled substances in the
treatment of a person for chemical dependency resulting from the use of
controlled substances.
(2) Employing any person
to solicit patients for the licensee. However, a managed care organization,
independent practice association, preferred provider organization or other
medical service provider organization may contract for patients on behalf of
physicians.
(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 without the written consent of the
patient.
(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 of the conviction.
(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 statements
that the licensee knows, or with the exercise of reasonable care should know,
are false or misleading, 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,
when the licensee knows, or with the exercise of reasonable care should know,
that the person is not licensed.
(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 is untruthful or is intended to deceive or mislead the public.
(13) Insanity or mental
disease as evidenced by an adjudication or voluntary commitment to an
institution for the treatment of a mental disease that affects the ability of
the licensee to safely practice medicine, 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) Incapacity to
practice medicine or podiatry. If the board has evidence indicating incapacity,
the board may order a licensee to submit to a standardized competency examination.
The licensee shall have access to the result of the examination and to the
criteria used for grading and evaluating the examination. If the examination is
given orally, the licensee shall have the right to have the examination
recorded.
(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
677.172.
(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 the
federal Controlled Substances 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 [or without
giving the notice required under ORS 677.485].
(26) Failure by the
licensee to report to the board any adverse action taken against the licensee
by another licensing jurisdiction or any peer review body, health care
institution, professional or medical society or association, governmental
agency, law enforcement agency or 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 the licensee’s voluntary resignation from the
staff of a health care institution or voluntary limitation of a licensee’s
staff privileges at the institution if that action occurs while the licensee is
under investigation by the institution or a committee thereof for any reason
related to medical incompetence, unprofessional conduct or mental or physical
impairment.
SECTION 5. ORS 677.485 is repealed.
Approved by the Governor June 11, 2007
Filed in the office of Secretary of State June 13, 2007
Effective date January 1, 2008
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