OAR Chapter 847 — Oregon Medical Board

Division 1 PROCEDURAL RULES

Or. Admin. R. 847-001-0000 Notice of Proposed Rule

Prior to adoption, amendment or repeal of any permanent rule, the Oregon Medical Board must give notice of the intended action:

(1) In the Secretary of State's Bulletin referred to in ORS 183.360 at least 21 days before the effective date of the intended action;

(2) To persons on the Oregon Medical Board's list established pursuant to ORS 183.335(8) at least 28 days before the effective date of the rule; and

(3) To persons specified in ORS 183.335(15) at least 49 days before the effective date of the rule.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 183.335, 183.341 & 677.275
OMB 14-2025, amend filed 10/08/2025, effective 10/08/2025
OMB 12-2012, f. & cert. ef. 4-17-12
OMB 1-2012(Temp), f. & cert. ef. 2-7-12 thru 8-5-12
BME 14-2006, f. & cert. ef. 7-25-06
BME 13-2004, f. & cert. ef. 7-13-04
ME 20-1994, f. & cert. ef. 10-26-94
ME 1-1988, f. & cert. ef. 1-29-88

Or. Admin. R. 847-001-0005 Rules for Contested Cases

(1) The Oregon Medical Board adopts the Attorney General’s Uniform and Model Rules for Contested Cases of the Attorney General in effect on January 1, (2008), and all amendments thereto are hereby adopted by reference as rules of the Oregon Medical Board.

(2) The Board must accept a properly addressed hearing request that was not timely filed if it was postmarked within the time specified for timely filing unless the Board receives the request after the entry of the final order by default.

(3) The Board may accept a late hearing request other than one described in section (2) above only if:

(a) The failure to timely request a hearing was due to the serious illness of a party lasting 30 days or more, the terminal illness of a member of the party’s immediate family, destruction of the party’s home or practice site, reasonable reliance on a statement of the agency relating to procedural requirements, or from fraud, misrepresentation, or other misconduct of the agency; and

(b) The Board receives the request before the entry of a final order by default.

(4) Due to the complexity of the Board’s cases, a party who requests a hearing must file a written answer within 30 days of a timely hearing request or, if the party requests discovery, 30 days after production is provided, whichever is later. However, in no case shall a party’s initial written answer be accepted less than 10 days prior to the first day of any hearing scheduled on the matter.

(a) The written answer must include a statement of each defense, including any affirmative defenses, the party is raising. Failure to raise a particular defense in the answer will be considered a waiver of such defense.

(b) New matters alleged in the answer are presumed to be denied by the Board.

(d)(A) If the Board amends its notice without basing its amendment on one or more additional alleged violations, then a party that requested a hearing may amend its answer up to 30 days after the agency issues the amended notice or 10 days prior to hearing, whichever is earlier.

(B) If the Board amends its notice based on one or more additional alleged violations, then a party that requested a hearing may amend its answer up to 30 days after the Board issues the amended notice, 30 days after any additional production is provided, or 10 days prior to hearing, whichever is earliest.

(5) Section (4) of this rule does not apply to requests for hearing on orders of emergency license suspension.

[ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the office of the Attorney General or the Medical Board.]

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 183.335, 183.341 & 677.275
OMB 10-2024, amend filed 04/09/2024, effective 04/09/2024
OMB 1-2023, amend filed 01/11/2023, effective 01/11/2023
Temporary suspended by OMB 12-2012, f. & cert. ef. 4-17-12
OMB 1-2012(Temp), f. & cert. ef. 2-7-12 thru 8-5-12
OMB 6-2011, f. & cert. ef. 4-25-11
BME 14-2006, f. & cert. ef. 7-25-06
BME 13-2004, f. & cert. ef. 7-13-04
BME 13-2000, f. & cert. ef. 10-30-00
ME 20-1994, f. & cert. ef. 10-26-94
ME 2-1992, f. & cert. ef. 4-17-92
ME 13-1990, f. & cert. ef. 8-16-90
ME 10-1990, f. & cert. ef. 8-7-90
ME 13-1988, f. & cert. ef. 10-20-88
ME 1-1988, f. & cert. ef. 1-29-88
ME 14-1987, f. & ef. 8-3-87
ME 2-1986, f. & ef. 4-23-86
ME 5-1983, f. & ef. 11-3-83
ME 1-1982, f. & ef. 1-28-82
ME 6-1980, f. & ef. 8-13-80
ME 3-1980, f. & ef. 5-14-80
ME 2-1978, f. & ef. 7-31-78
ME 32, f. & ef. 5-11-76, Renumbered from 847-060-0005
ME 30, f. 3-5-74, ef. 3-25-74
ME 27, f. 3-27-72, ef. 4-15-72
ME 26, f. 3-15-72, ef. 4-1-72
ME 4, f. 11-3-71, ef. 11-15-71
Repealed by ME 4-1989, f. & cert. ef. 1-25-89
ME 7-1984, f. & ef. 1-26-84
ME 7-1983, f. & ef. 11-7-83
ME 1-1981, f. & ef. 2-3-81
ME 1-1980, f. & ef. 1-30-80

Or. Admin. R. 847-001-0007 Agency Representation at Hearings

(1) Subject to the approval of the Attorney General, an employee of the Oregon Medical Board is authorized to appear on behalf of the Board in contested case hearings conducted on civil penalties issued by the Board with no other formal disciplinary action proposed against the licensee.

(2) The agency representative may not make legal argument on behalf of the Board.

(a) "Legal argument" includes arguments on:

(A) The jurisdiction of the Board to hear the contested case;

(B) The constitutionality of a statute or rule or the application of a constitutional requirement to an agency; and

(b) "Legal argument" does not include presentation of motions, evidence, examination and cross-examination of witnesses or presentation of factual arguments or arguments on:

(A) The application of the statutes or rules to the facts in the contested case;

(B) Comparison of prior actions of the Board in handling similar situations;

(D) The admissibility of evidence;

(E) The correctness of procedures being followed in the contested case hearing.

Stat.s Auth.: ORS 677.265

History

Statutes/Other Implemented: ORS 183.452
OMB 18-2012, f. & cert. ef. 8-3-12
OMB 2-2012, f. & cert. ef. 2-10-12

Or. Admin. R. 847-001-0010 Public Attendance

Contested case hearings are closed to members of the public.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 183.341
Temporary suspended by OMB 12-2012, f. & cert. ef. 4-17-12
OMB 1-2012(Temp), f. & cert. ef. 2-7-12 thru 8-5-12
BME 2-2003, f. & cert. ef. 1-27-03
BME 13-2000, f. & cert. ef. 10-30-00

Or. Admin. R. 847-001-0015 Delegation of Authority and Issuance of Final Order

(1) The Oregon Medical Board (Board) has delegated to the Executive Director the authority to make certain procedural determinations on its behalf on matters arising under the Attorney General's Model Rules for Contested Cases in OAR 137-003-0001 to 137-003-0700. The procedural functions include, but are not limited to:

(a) For discovery requests before the Board, authorizing or denying requested discovery in a contested case, including the methods, timing and extent of discovery;

(b) Issuing a Qualified Protective Order over the materials subject to discovery, for the period prior to referring a case to the Office of Administrative Hearings;

(c) Reviewing all requests to take a deposition of a witness and to authorize or deny any request for deposition. If a request to take a deposition is authorized, the Executive Director may specify the terms on which the deposition is taken, to include, but not limited to the location, the manner of recording, the time of day, the persons permitted to be present, and the duration of the deposition;

(d) Determining whether a request for hearing filed after the prescribed time will be accepted, based upon OAR 847-001-0005. In making this determination, the Executive Director may require the request to be supported by an affidavit or other writing to explain why the request is late and may conduct such further inquiry as deemed appropriate. If the Board disputes the facts contained in the explanation as to why the request was late or the accuracy of the reason that the request was late, the requestor has a right to a hearing before an Administrative Law Judge (ALJ) on the reasons for that factual dispute;

(e) Whether to issue a subpoena for the attendance of witnesses or to produce documents at the hearing;

(f) Prior to the issuance of a proposed order issued by an ALJ, whether the Board will consider taking notice of judicially cognizable facts or of general, technical or scientific facts in writing which are within the specialized knowledge of the Board;

(g) Whether to submit to the Board prior to an ALJ’s proposed final order the following issues:

(A) The Board's interpretation of its rules and applicable statutes;

(B) Which rules or statutes are applicable to a proceeding;

(h) In regard to a proposed order issued by an ALJ, whether the Board's legal representative will file exceptions and present argument to the Board; and

(i) Whether a request for delay of hearing on emergency suspension will be accepted.

(2) All actions taken under section (1) of this rule must be reported to the Board at the regularly scheduled meeting in which the Board deliberates on the proposed order in the case.

(3) The Board’s disciplinary cases brought under ORS 677.205 and license denials are exempt from the requirements of OAR 137-003-0655(7), which requires an agency to give written notice to the ALJ and all parties of the date by which the agency expects to issue an amended proposed order or a final order if the agency will not issue an amended proposed order or final order within 90 days of the proposed order. Due to the complexity of Board cases and the infrequency of regularly scheduled Board meetings, 90 days is an insufficient time for the Board to issue an amended proposed order or a final order.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 183.335, 183.341 & 677.275
OMB 12-2023, amend filed 07/06/2023, effective 07/06/2023
OMB 1-2023, amend filed 01/11/2023, effective 01/11/2023
OMB 11-2022, amend filed 07/07/2022, effective 07/07/2022
OMB 2-2015, f. & cert. ef. 1-8-16
OMB 12-2012, f. & cert. ef. 4-17-12
OMB 1-2012(Temp), f. & cert. ef. 2-7-12 thru 8-5-12
OMB 6-2011, f. & cert. ef. 4-25-11
BME 14-2006, f. & cert. ef. 7-25-06
BME 13-2004, f. & cert. ef. 7-13-04
BME 13-2000, f. & cert. ef. 10-30-00

Or. Admin. R. 847-001-0022 Confidentiality in the Investigative Process

(1) Information pertaining to an ongoing investigation or Board action that has been disclosed to a licensee or applicant by the Board pursuant to ORS 676.175(3) is confidential and may be further disclosed by the licensee or applicant only to the extent necessary to prepare for a contested case hearing related to a Notice of Proposed Disciplinary Action, a Notice of Denial of Licensure or an Order of Emergency Suspension issued against the licensee or applicant.

(2) All licensees and applicants under Board investigation or facing Board disciplinary action or license denial, to include consultants for a licensee, an applicant or the Board, have an obligation to protect the confidentiality of information obtained by the Board in an investigation.

(3) Violation of this rule is grounds for disciplinary action.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 183.335, 183.341 & 677.275
OMB 7-2023, amend filed 04/11/2023, effective 04/11/2023
Temporary suspended by OMB 12-2012, f. & cert. ef. 4-17-12
OMB 1-2012(Temp), f. & cert. ef. 2-7-12 thru 8-5-12
OMB 6-2011, f. & cert. ef. 4-25-11

Or. Admin. R. 847-001-0024 Compliance with Investigation Process

(1) Licensees and applicants must comply with a Board investigation, including truthfully responding to inquiries and providing requested materials within the time allowed and complying with a subpoena. Failure to comply with a Board investigation violates ORS 677.190(17) and is grounds for disciplinary action.

(2) Licensees and applicants must comply with the terms of all Board Orders and Agreements, including Corrective Action Agreements and Consent Agreements for Re-entry to Practice. Failure to comply with the terms of a Board Order or Agreement violates ORS 677.190(17) and is grounds for disciplinary action.

(3) The board will monitor the National Practitioner Data Bank (NPDB) Continuous Query alert system for two years from the date of an allegation of sexual misconduct.

(4) The Executive Director or Medical Director, via their signature, has the authority to issue Orders for Evaluation during an investigation. The Executive Director or Medical Director must forward any issued order under this rule to the Board in a timely manner.

(5) Orders for Evaluation may not be negotiated and are confidential orders enforceable by the Board. Notwithstanding the confidentiality of an Order for Evaluation, failure to comply with such an Order will be grounds for discipline under ORS 677.190(17).

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.190, 677.205, 677.270, 677.320, 677.420 & 677.425
OMB 14-2026, amend filed 07/07/2026, effective 07/07/2026
OMB 3-2025, amend filed 01/13/2025, effective 01/13/2025
OMB 21-2022, amend filed 10/12/2022, effective 10/12/2022
OMB 10-2021, amend filed 10/13/2021, effective 10/13/2021
OMB 5-2021, amend filed 07/02/2021, effective 07/02/2021
OMB 10-2016, f. & cert. ef. 10-7-16
OMB 1-2014, f. & cert. ef. 1-14-14

Or. Admin. R. 847-001-0030 Approval and Termination of Interim Stipulated Orders

(1) The Executive Director or Medical Director, via his/her signature, has the authority to grant approval of an Interim Stipulated Order that has been signed by a licensee of the Board.

(2) The Executive Director’s or Medical Director’s signature grants approval of the Interim Stipulated Order, which allows the Order to become a public document. As a public document, the Interim Stipulated Order may be released to hospitals, clinics, and other practice locations.

(3) The Executive Director or Medical Director, via his/her signature, has the authority to terminate an Interim Stipulated Order:

(a) If the licensee has addressed the identified concerns to the satisfaction of the Board and is deemed safe to return to practice; or

(b) If the Board has voted to close the case without proceeding toward disciplinary action.

(4) The Executive Director or Medical Director must forward Interim Stipulated Orders and Orders Terminating Interim Stipulated Orders to the Board in a timely manner.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.265 & 677.275
OMB 22-2022, amend filed 10/12/2022, effective 10/12/2022
OMB 9-2020, amend filed 07/15/2020, effective 07/15/2020
OMB 12-2012, f. & cert. ef. 4-17-12
OMB 1-2012(Temp), f. & cert. ef. 2-7-12 thru 8-5-12
BME 7-2009, f. & cert. ef. 5-1-09
BME 22-2008, f. & cert. ef. 10-31-08
BME 13-2008(Temp), f. & cert. ef. 5-16-08 thru 10-31-08

Or. Admin. R. 847-001-0032 Modification and Termination of Board Orders and Agreements

(1) For purposes of Oregon Medical Board actions:

(a) “Terminate” or “termination” means the licensee has successfully completed all of the terms of the Order or Agreement or the Order or Agreement is no longer needed. A termination does not vacate, expunge, or otherwise nullify the Order or Agreement.

(b) “Modify” or “modification” means the Board has agreed to modify or terminate some of the terms of the Order or Agreement, which remains in effect.

(2) Licensees must submit a request in writing to modify or terminate a Board Order or Agreement.

(3) To request a modification to a Board Order or Agreement:

(a) Licensee must not have made a request to modify or terminate within the previous 12 months, and

(b) Licensee must have completed at least one term to the satisfaction of the Board.

(4) To request termination of a Board Order or Agreement:

(a) Licensee must not have made a request to modify or terminate within the previous 12 months, and

(b) Licensee must have completed or complied with all of the terms in the Board Order or Agreement to the satisfaction of the Board.

(5) The Executive Director or Medical Director, via his/her signature, has the authority to terminate a Corrective Action Agreement upon licensee’s successful completion of all of the terms in the agreement.

(6) The Executive Director or Medical Director must forward an Order Terminating Corrective Action Agreement to the Board in a timely manner.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.265
OMB 2-2023, amend filed 01/11/2023, effective 01/11/2023
OMB 5-2021, amend filed 07/02/2021, effective 07/02/2021
OMB 2-2020, adopt filed 01/16/2020, effective 01/16/2020

Or. Admin. R. 847-001-0035 Approval of Suspensions, Reinstatements, and Terminations of Orders by Operation of Law

(1) The Executive Director or Medical Director has the authority to issue final orders of license suspension that occur by operation of law and final orders of license reinstatement that occur by operation of law.

(2) The Executive Director or Medical Director, upon proper notification under ORS 25.774, has the authority to issue final orders reinstating licenses that were suspended by operation of law pursuant to ORS chapter 25. The licensee may be reinstated to its pre-suspension status if the licensee is otherwise in good standing and has complied with OAR 847-008-0055, if applicable.

(3) Orders issued under sections (1) or (2) of this rule are public documents.

(4) The Executive Director or Medical Director, upon proper notification or certification under ORS 305.385(4)(c), (d) or (5), has the authority to issue final orders suspending, reinstating, and provisionally reinstating licenses. The licensee may be reinstated to its pre-suspension status if the licensee is otherwise in good standing and has complied with OAR 847-008-0055, if applicable.

(5) The Executive Director or Medical Director has authority to issue final orders suspending licenses based on continuing medical education deficiencies, and to issue final orders reinstating licenses based on a licensee coming into compliance with continuing medical education requirements.

(6) The Executive Director or Medical Director must forward orders issued under sections (1), (2) or (4) of this rule to the Board in a timely manner.

History

Statutory/Other Authority: ORS 677.265 & 183.411
Statutes/Other Implemented: ORS 25.750, 25.774, 677.190, 677.225, 677.265 & 305.385
OMB 3-2023, amend filed 01/11/2023, effective 01/11/2023
OMB 19-2013, f. & cert. ef. 7-12-13

Or. Admin. R. 847-001-0040 Approval of Notices of Civil Penalty

(1) The Executive Director has the authority to issue Notices of Civil Penalty, which include default final orders, for violations of the Board’s administrative rules.

(2) The Executive Director’s signature grants approval of the Notice of Civil Penalty, which becomes a public document. As a public document, the Notice of Civil Penalty may be released to the public. However, the civil penalty is not an adverse action.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.190, 677.205 & 677.265
OMB 24-2013, f. & cert. ef. 10-15-13
OMB 12-2013(Temp), f. 7-12-13, cert. ef. 7-15-13 thru 1-11-14

Or. Admin. R. 847-001-0045 Consent Agreements for Re-entry to Practice

(1) The Executive Director or Medical Director has the authority to review and approve the terms and conditions in a Consent Agreement for Re-entry to Practice based on Board-established guidelines.

(2) The Executive Director’s or Medical Director’s signature grants approval of the Consent Agreement for Re-entry to Practice, which becomes a public document. As a public document, the Consent Agreement for Re-entry to Practice may be released to the public. However, the Consent Agreement for Re-entry to Practice is not an adverse action.

(3) The Applicant may be granted a license once the Consent Agreement for Re-entry to Practice is signed by the Executive Director or Medical Director.

(4) The Executive Director or Medical Director has the authority to terminate a Consent Agreement for Re-entry to Practice upon licensee’s satisfaction of the terms or licensee’s failure to satisfy the terms within the agreed-upon time. If the Consent Agreement for Re-entry to Practice is terminated because of the licensee’s failure to complete the terms, his or her license will be returned to the previous status or to an inactive status.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.100, 677.175, 677.265, 677.512, 677.759 & 677.825
OMB 10-2018, amend filed 10/13/2018, effective 10/13/2018
OMB 10-2016, f. & cert. ef. 10-7-16
OMB 11-2014, f. & cert. ef. 4-9-14

Or. Admin. R. 847-001-0050 Address of Record

(1) In accordance with OAR 847-008-0060, a licensee must designate a mailing address on file with the Board at all times.

(2) The mailing address currently on file with the Board will be considered the address of record.

(3) The Board will send all correspondence and official documents to the licensee's address of record. Upon request, the Board may agree to correspond for investigation purposes at an alternate address. Nothing in this rule excludes the licensee's representative from being included in Board correspondence.

(4) Notices sent to the licensee by certified mail or registered mail to the licensee's address of record or alternate address as described in section (3) of this rule, is sufficient notice even if the licensee fails to or refuses to respond to the postal service "return receipt" and never receives the Notice. Such mailing permits the Board to proceed with disciplinary action in the absence of a request for a hearing.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.265
OMB 14-2020, adopt filed 10/05/2020, effective 10/05/2020

Division 2 CRIMINAL BACKGROUND CHECKS

Or. Admin. R. 847-002-0045 Criminal Records Checks for Employees, Volunteers and Applicants

(1) The Board requires a criminal records check and fitness determination for Board employees, volunteers or applicants for employment with the Board.

(2) Criminal records checks and fitness determinations are conducted pursuant to ORS 181A.170 to 181A.215 and OAR 125-007-0200 to 125-007-0310.

(a) To complete the criminal records check and fitness determination, the Board may require additional information from the employee, volunteer or applicant, such as, but not limited to, proof of identity or additional criminal, judicial or other background information.

(b) If the employee, volunteer or applicant has potentially disqualifying criminal offender information, the Board will consider factors listed in ORS 181A.195 before making a fitness determination.

(d) An incomplete fitness determination does not entitle the employee, volunteer or applicant the right to appeal under OAR 125-007-0300.

(3) Pursuant to ORS 181A.195, ORS 676.175, and OAR 125-007-0310, information obtained in the criminal records check is confidential and will not be disseminated by the Board except to persons with a demonstrated and legitimate need to know the information.

(4) The Board may charge a fee to the employee, volunteer or applicant for the criminal records check. The fee will not exceed the fee charged the Board by the OSP and the FBI to obtain such information.

History

Statutory/Other Authority: ORS 181A.195 & 676.303
Statutes/Other Implemented: ORS 181A.170, 181A.195, 181A.215, 676.175, 676.303 & 677.28
OMB 12-2016, f. & cert. ef. 10-7-16
OMB 11-2011, f. & cert. ef. 7-13-11

Division 3 BOARD ADMINISTRATION

Or. Admin. R. 847-003-0100 Declared Emergency — Delegation of Authority

(1) An emergency under this rule exists when:

(a) A State of Emergency or a Public Health Emergency has been declared by the Governor of Oregon under ORS 401.165 or 433.441 through 433.452; or

(b) The provisions of any relevant rules in Chapter 847 Oregon Administrative Rules have been suspended by the Governor under the authority of ORS 401.168(2); or

(c) A signatory to the Pacific Northwest Emergency Management Arrangement (the states of Alaska, Idaho, Oregon, and Washington, and the Province of British Columbia and the Yukon Territory) has requested assistance during a civil emergency as authorized in ORS 402.250; or

(d) The President of the United States or another federal official has declared a public health emergency; or

(e) The Governor has authorized the Public Health Director to take the actions described in ORS 431.264.

(2) When an emergency exists as defined above, any authority vested in the Board may be exercised by the Board Chair, the Executive Director, any person acting as Executive Director in the Executive Director’s absence or incapacity, or any person the Executive Director designates to make such decisions on the Executive Director’s behalf.

History

Statutory/Other Authority: ORS 401.168, 402.105, 433.441 & 677.265
Statutes/Other Implemented: ORS 401.165 & 677.265
OMB 7-2017, f. & cert. ef. 7-14-17
OMB 19-2012, f. & cert. ef. 8-3-12

Or. Admin. R. 847-003-0200 Board Member Compensation

(1) Members of the Oregon Medical Board, other than a member who is employed in full-time public service, will receive no less than the current Oregon legislative per diem as specified in ORS 171.072 for each day or portion thereof during which the member is actually engaged in the performance of official duties. Official duties include preparing for and attending Board and Committee meetings, participating in activities that the Board has pre-approved or requested that the member attend as its representative, and required travel to an in-person meeting when the travel must occur on a day other than the meeting day.

(2) If a Board or Committee meeting is scheduled for six (6) or more hours, Board members who attend the meeting will receive:

(a) $250 compensation for each day of attendance at the meeting; and

(b) $250 compensation for one day of preparation for the meeting.

(3) The daily maximum Board member compensation is $250.

(4) Board member compensation will be in addition to the allowable reimbursement for travel or other expenses.

(5) Board members may decline to accept compensation or reimbursement of expenses.

History

Statutory/Other Authority: ORS 677.235
Statutes/Other Implemented: ORS 292.495, ORS 677.235 & ORS 171.072
OMB 9-2026, amend filed 07/02/2026, effective 07/02/2026
OMB 11-2023, amend filed 07/06/2023, effective 07/06/2023
OMB 10-2022, amend filed 04/07/2022, effective 04/07/2022
OMB 1-2017, f. 1-6-17, cert. ef. 7-1-17
OMB 25-2013, f. & cert. ef. 10-15-13

Division 5 FEES

Or. Admin. R. 847-005-0005 Licensure Fees

(1) Doctor of Medicine (MD) and Doctor of Osteopathic Medicine (DO) Licensing Fees:

(a) Initial License Application — $375.

(b) Registration: Active, Administrative Medicine, Inactive, Locum Tenens, Military/Public Health, Telemedicine, Telemonitoring and Teleradiology — $314/year. Per ORS 677.290(3), fee includes $10/year for the Oregon Health and Science University Library. On or after March 1, 2028 the fee is $375/year.

(d) Limited License, SPEX/COMVEX, Visiting Professor, Fellow, Medical Faculty, Postgraduate Application and Registration — $185. On or after March 1, 2028 the fee is $222/year.

(2) Acupuncture Licensing Fees:

(a) Initial License Application — $245.

(b) Registration: Active, Inactive, Locum Tenens and Military/Public Health — $201/year. On or after March 1, 2028 the fee is $242/year.

(d) Limited License, Visiting Professor, Pending Examination Application and Registration — $75. On or after March 1, 2028 the fee is $90/year.

(3) Physician Associate Licensing Fees:

(a) Initial License Application — $245.

(b) Registration: Active, Inactive, Locum Tenens, Military/Public Health, and Telemedicine — $239/year. On or after March 1, 2028 the fee is $287/year.

(d) Limited License, Pending Examination Application and Registration — $75. On or after March 1, 2028 the fee is $90/year.

(4) Doctor of Podiatric Medicine Licensing Fees:

(a) Initial Application — $340.

(b) Registration: Active, Administrative Medicine, Inactive, Locum Tenens, Military/Public Health, Telemedicine and Telemonitoring — $304/year. On or after March 1, 2028 the fee is $365/year.

(d) Limited License, Postgraduate Application and Registration — $185. On or after March 1, 2028 the fee is $222/year.

(5) Other Application or Licensing Fees:

(a) Reactivation Application Fee — $50.

(b) Electronic Prescription Drug Monitoring Program — $35/year. Per ORS 431A.850-431A.895, fee is assessed to licensees authorized to prescribe or dispense controlled substances in Oregon for the purpose of creating and maintaining the Prescription Drug Monitoring Program administered by the Oregon Health Authority.

(c) Workforce Data Fee — $4/year. Per ORS 676.410, fee is assessed for the purpose of creating and maintaining a healthcare workforce data base administered by the Oregon Health Authority.

(d) Criminal Records Check Fee — $52. Per ORS 181A.195(9)(e), fee is the actual cost of acquiring and furnishing criminal offender information.

(e) Health Professionals’ Services Program Fee — $25/year. Fee is assessed to sustain the Health Professionals’ Services Program.

(6) Delinquent Registration Renewals:

(a) Delinquent MD/DO Registration Renewal — $195.

(b) Delinquent Acupuncture Registration Renewal — $80. On or after March 1, 2028 the fee is $96/year.

(d) Delinquent Doctor of Podiatric Medicine Registration Renewal — $195.

(7) All Board fees and fines are non-refundable and non-transferable.

(8) Registration fees in this rule and other fees described in section (5)(b), (5)(c), and (5)(e) for Active, Administrative Medicine, Inactive, Locum Tenens, Military/Public Health, Telemedicine, Telemonitoring and Teleradiology statuses are collected biennially except where noted in OAR chapter 847.

(9) Five-needle protocol (5NP) Technician Fees:

(a) Application & Registration — $100.

(b) Renewal Registration: Active — $50/year.

(c) 5NP applicants and technicians are exempt from fees outlined in other sections of this rule, except for the Criminal Records Check Fee in section (5)(d).

History

Statutory/Other Authority: ORS 677.265, 181A.195, 431A.880, 676.410 & 677.488
Statutes/Other Implemented: ORS 677.265, 181A.195, 431A.880, 676.410, 677.290 & 677.488
OMB 12-2026, amend filed 07/07/2026, effective 07/07/2026
OMB 1-2026, amend filed 01/09/2026, effective 03/01/2026
OMB 9-2025, amend filed 07/10/2025, effective 07/10/2025
OMB 17-2024, amend filed 10/10/2024, effective 10/10/2024
OMB 11-2024, amend filed 04/09/2024, effective 07/01/2024
OMB 2-2022, amend filed 01/11/2022, effective 01/11/2022
OMB 2-2019, amend filed 07/24/2019, effective 07/24/2019
OMB 11-2016, f. & cert. ef. 10-7-16
OMB 4-2016, f. & cert. ef. 1-8-16
OMB 10-2014, f. & cert. ef. 4-9-14
OMB 26-2013, f. & cert. ef. 10-15-13
OMB 13-2013(Temp), f. 7-12-13, cert. ef. 7-15-13 thru 1-11-14
OMB 5-2013, f. & cert. ef. 4-5-13
OMB 27-2012(Temp), f. 10-12-12 thru 4-10-13
OMB 20-2012, f. & cert. ef. 8-3-12
OMB 9-2012(Temp), f. & cert. ef. 3-2-12 thru 8-29-12
OMB 3-2012, f. & cert. ef. 2-10-12
OMB 33-2011(Temp), f. 12-28-11, cert. ef. 1-1-12 thru 6-29-12
OMB 22-2011, f. & cert. ef. 10-18-11
OMB 18-2011(Temp), f. & cert. ef. 10-13-11 thru 4-10-12
OMB 10-2011(Temp), f. & cert. ef. 7-13-11 thru 1-4-12
BME 1-2010, f. & cert. ef. 1-26-10
BME 15-2009(Temp), f. & cert. ef. 9-11-09 thru 3-8-10
BME 1-2009, f. & cert. ef. 1-22-09
BME 15-2008, f. & cert. ef. 7-21-08
BME 1-2008, f. & cert. ef. 1-22-08
BME 1-2007, f. & cert. ef. 1-24-07
BME 15-2006, f. & cert. ef. 7-25-06
BME 6-2005, f. & cert. ef. 7-20-05
BME 17-2004, f. & cert. ef. 9-9-04
BME 16-2003, f. & cert. ef. 10-23-03
BME 8-2003, f. & cert. ef. 4-24-03
BME 10-2001, f. & cert. ef. 10-30-01
BME 6-2001(Temp), f. & cert. ef. 7-18-01 thru 11-30-01
BME 4-2000, f. & cert. ef. 2-22-00
BME 14-1999, f. & cert. ef. 10-28-99
BME 10-1999, f. 7-8-99, cert. ef. 8-3-99
BME 7-1999, f. & cert. ef. 4-22-99
BME 7-1998, f. & cert. ef. 7-22-98
ME 3-1997, f. & cert. ef. 11-3-97
ME 7-1996, f. & cert. ef. 10-29-96
ME 6-1995, f. & cert. ef. 7-28-95
ME 1-1994, f. & cert. ef. 1-24-94
ME 14-1993(Temp), f. & cert. ef. 11-1-93
ME 13-1993, f. & cert. ef. 11-1-93
ME 1-1993, f. & cert. ef. 1-29-93
ME 6-1992, f. & cert. ef. 5-26-92
ME 11-1991(Temp), f. & cert. ef. 10-21-91
ME 5-1991, f. & cert. ef. 7-24-91
ME 9-1990, f. & cert. ef. 8-2-90
ME 4-1990, f. & cert. ef. 4-25-90
ME 17-1989, f. & cert. ef. 10-20-89
ME 9-1989(Temp), f. & cert. ef. 8-1-89
ME 6-1989, f. & cert. ef. 4-27-89
ME 5-1989(Temp), f. & cert. ef. 2-16-89
ME 1-1989, f. & cert. ef. 1-25-89
ME 14-1988, f. & cert. ef. 10-20-88
ME 9-1988, f. & cert. ef. 8-5-88
ME 25-1987, f. & cert. ef. 11-5-87
ME 9-1987, f. & cert. ef. 4-28-87
ME 7-1987(Temp), f. & cert. ef. 1-26-87
ME 2-1987, f. & cert. ef. 1-10-87
ME 9-1986, f. & cert. ef. 7-31-86
ME 4-1986, f. & cert. ef. 4-23-86
ME 3-1986(Temp), f. & cert. ef. 4-23-86
ME 6-1985, f. & cert. ef. 7-30-85
ME 17-1984, f. & cert. ef. 11-5-84
ME 7-1984, f. & cert. ef. 1-26-84

Or. Admin. R. 847-005-0008 Public Record Fees

Many public records are available on the Oregon Medical Board’s website without charge; convenience copies of these records are available upon request for a set charge. Pursuant to ORS 192.324, public records fees reflect no more than the actual cost of producing and processing the public records request.

(1) Licensee Information Request Charges:

(a) Verification of Licensure — Individual Requests (1-4 licenses) — $10 per license.

(b) Verification of Licensure — Multiple (5 or more licenses) — $7.50 per license.

(2) Record Search Charges: If a request for records can be fulfilled using less than 30 minutes of staff time, there will be no charge for the service.

(a) Clerical Staff — $25 per hour.

(b) Managerial Staff — $40 per hour.

(d) The actual cost to the Board of time spent by the Board’s attorney in reviewing the public records, redacting material from the public records, and segregating the public records into exempt and nonexempt records.

(3) Data Order Charges:

(a) Standard Licensee Data Order — $75 each.

(b) Custom Licensee Data Order — $75 + $40.00 per hour Administrative time.

(d) Malpractice Information Data — $75 each.

(4) All Board fees are non-refundable and non-transferable.

(5) The Board may waive or reduce fees for public records upon written request if the Board determines that making the record available primarily benefits the general public.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.265 & 192.324
OMB 13-2026, amend filed 07/07/2026, effective 07/07/2026
OMB 6-2023, amend filed 04/11/2023, effective 04/11/2023
OMB 2-2019, adopt filed 07/24/2019, effective 07/24/2019

Division 6 MEDIATION COMMUNICATIONS

Or. Admin. R. 847-006-0000 Confidentiality and Inadmissibility of Mediation Communications

(1) The words and phrases used in this rule have the same meaning as given to them in ORS 36.110 and 36.234.

(2) Nothing in this rule affects any confidentiality created by other law. Nothing in this rule relieves a public body from complying with the Public Meetings Law, ORS 192.610 to 192.690. Whether or not they are confidential under this or other rules of the agency, mediation communications are exempt from disclosure under the Public Records Law to the extent provided in 192.410 to 192.505.

(3) This rule applies only to mediations in which the agency is a party or is mediating a dispute as to which the agency has regulatory authority. This rule does not apply when the agency is acting as the “mediator” in a matter in which the agency also is a party as defined in ORS 36.234.

(4) To the extent mediation communications would otherwise be compromise negotiations under ORS 40.190 (OEC Rule 408), those mediation communications are not admissible as provided in 40.190 (OEC Rule 408), notwithstanding any provisions to the contrary in section (9) of this rule.

(5) Mediations Excluded. Sections (6)–(10) of this rule do not apply to:

(a) Mediation of workplace interpersonal disputes involving the interpersonal relationships between this agency’s employees, officials or employees and officials, unless a formal grievance under a labor contract, a tort claim notice or a lawsuit has been filed; or

(b) Mediation in which the person acting as the mediator will also act as the hearings officer in a contested case involving some or all of the same matters;

(d) Mediation involving two or more public bodies and a private party if the laws, rule or policies governing mediation confidentiality for at least one of the public bodies provide that mediation communications in the mediation are not confidential;

(e) Mediation involving 15 or more parties if the agency has designated that another mediation confidentiality rule adopted by the agency may apply to that mediation.

(6) Disclosures by Mediator. A mediator may not disclose or be compelled to disclose mediation communications in a mediation and, if disclosed, such communications may not be introduced into evidence in any subsequent administrative, judicial or arbitration proceeding unless:

(a) All the parties to the mediation and the mediator agree in writing to the disclosure; or

(b) The mediation communication may be disclosed or introduced into evidence in a subsequent proceeding as provided in subsections (c)–(d), (j)–(l) or (o)–(p) of section (9) of this rule.

(7) Confidentiality and Inadmissibility of Mediation Communications. Except as provided in sections (8)–(9) of this rule, mediation communications are confidential and may not be disclosed to any other person, are not admissible in any subsequent administrative, judicial or arbitration proceeding and may not be disclosed during testimony in, or during any discovery conducted as part of a subsequent proceeding, or introduced as evidence by the parties or the mediator in any subsequent proceeding.

(8) Written Agreement. Section (7) of this rule does not apply to a mediation unless the parties to the mediation agree in writing, as provided in this section, that the mediation communications in the mediation will be confidential and/or nondiscoverable and inadmissible. If the mediator is the employee of and acting on behalf of a state agency, the mediator or an authorized agency representative must also sign the agreement. The parties’ agreement to participate in a confidential mediation must be in substantially the following form. This form may be used separately or incorporated into an “agreement to mediate.” [Form not included. See ED. NOTE.]

(9) Exceptions to confidentiality and inadmissibility.

(a) Any statements, memoranda, work products, documents and other materials, otherwise subject to discovery that were not prepared specifically for use in the mediation are not confidential and may be disclosed or introduced into evidence in a subsequent proceeding.

(b) Any mediation communications that are public records, as defined in ORS 192.410(4), and were not specifically prepared for use in the mediation are not confidential and may be disclosed or introduced into evidence in a subsequent proceeding unless the substance of the communication is confidential or privileged under state or federal law.

(c) A mediation communication is not confidential and may be disclosed by any person receiving the communication to the extent that person reasonably believes that disclosing the communication is necessary to prevent the commission of a crime that is likely to result in death or bodily injury to any person. A mediation communication is not confidential and may be disclosed in a subsequent proceeding to the extent its disclosure may further the investigation or prosecution of a felony crime involving physical violence to a person.

(d) Any mediation communication related to the conduct of a licensed professional that is made to or in the presence of a person who, as a condition of his or her professional license, is obligated to report such communication by law or court rule is not confidential and may be disclosed to the extent necessary to make such a report.

(e) The parties to the mediation may agree in writing that all or part of the mediation communications are not confidential or that all or part of the mediation communications may be disclosed and may be introduced into evidence in a subsequent proceeding unless the substance of the communication is confidential, privileged or otherwise prohibited from disclosure under state or federal law.

(f) A party to the mediation may disclose confidential mediation communications to a person if the party’s communication with that person is privileged under ORS Chapter 40 or other provision of law. A party to the mediation may disclose confidential mediation communications to a person for the purpose of obtaining advice concerning the subject matter of the mediation, if all the parties agree.

(g) An employee of the agency may disclose confidential mediation communications to another agency employee so long as the disclosure is necessary to conduct authorized activities of the agency. An employee receiving a confidential mediation communication under this subsection is bound by the same confidentiality requirements as apply to the parties to the mediation.

(h) A written mediation communication may be disclosed or introduced as evidence in a subsequent proceeding at the discretion of the party who prepared the communication so long as the communication is not otherwise confidential under state or federal law and does not contain confidential information from the mediator or another party who does not agree to the disclosure.

(i) In any proceeding to enforce, modify or set aside a mediation agreement, a party to the mediation may disclose mediation communications and such communications may be introduced as evidence to the extent necessary to prosecute or defend the matter. At the request of a party, the court may seal any part of the record of the proceeding to prevent further disclosure of mediation communications or agreements to persons other than the parties to the agreement.

(j) In an action for damages or other relief between a party to the mediation and a mediator or mediation program, mediation communications are not confidential and may be disclosed and may be introduced as evidence to the extent necessary to prosecute or defend the matter. At the request of a party, the court may seal any part of the record of the proceeding to prevent further disclosure of the mediation communications or agreements.

(k) When a mediation is conducted as part of the negotiation of a collective bargaining agreement, the following mediation communications are not confidential and such communications may be introduced into evidence in a subsequent administrative, judicial or arbitration proceeding:

(A) A request for mediation; or

(B) A communication from the Employment Relations Board Conciliation Service establishing the time and place of mediation; or

(D) A strike notice submitted to the Employment Relations Board.

(l) To the extent a mediation communication contains information the substance of which is required to be disclosed by Oregon statute, other than ORS 192.410 to 192.505, that portion of the communication may be disclosed as required by statute.

(m) Written mediation communications prepared by or for the agency or its attorney are not confidential and may be disclosed and may be introduced as evidence in any subsequent administrative, judicial or arbitration proceeding to the extent the communication does not contain confidential information from the mediator or another party, except for those written mediation communications that are:

(A) Attorney-client privileged communications so long as they have been disclosed to no one other than the mediator in the course of the mediation or to persons as to whom disclosure of the communication would not waive the privilege; or

(B) Attorney work product prepared in anticipation of litigation or for trial; or

(C) Prepared exclusively for the mediator or in a caucus session and not given to another party in the mediation other than a state agency; or

(D) Prepared in response to the written request of the mediator for specific documents or information and given to another party in the mediation; or

(E) Settlement concepts or proposals shared with the mediator or other parties.

(n) A mediation communication made to the agency may be disclosed and may be admitted into evidence to the extent the Executive Director determines that disclosure of the communication is necessary to prevent or mitigate a serious danger to the public’s health or safety, and the communication is not otherwise confidential or privileged under state or federal law.

(o) The terms of any mediation agreement are not confidential and may be introduced as evidence in a subsequent proceeding, except to the extent the terms of the agreement are exempt from disclosure under ORS 192.410 to 192.505, a court has ordered the terms to be confidential under 17.095 or state or federal law requires the terms to be confidential.

(p) The mediator may report the disposition of a mediation to the agency at the conclusion of the mediation so long as the report does not disclose specific confidential mediation communications. The agency or the mediator may use or disclose confidential mediation communications for research, training or educational purposes, subject to the provisions of ORS 36.232(4).

(10) When a mediation is subject to section (7) of this rule, the agency will provide to all parties to the mediation and the mediator a copy of this rule or a citation to the rule and an explanation of where a copy of the rule may be obtained. Violation of this provision does not waive confidentiality or inadmissibility.

[ED. NOTE: Forms referenced in this rule are available from the agency.]

History

Statutory/Other Authority: ORS 677.265, 36.220 & 36.245
Statutes/Other Implemented: ORS 36.220 & 36.245
BME 8-1999, f. & cert. ef. 4-22-99
BME 3-1999(Temp), f. & cert. ef. 2-17-99 thru 7-16-99
BME 1-1999(Temp), f. & cert. ef. 1-26-99 thru 7-16-99

Division 7 PREDETERMINATIONS

Or. Admin. R. 847-007-0010 Criminal Conviction Determination Process

(1) As used in this rule:

(a) “Applicant” means a person who has applied for a license from the Oregon Medical Board (Board).

(b) “Petitioner” means a person who has requested the Board review their criminal history to determine whether it will prevent them from being granted a license by the Board.

(2) A person who was convicted of a crime may petition the Board for a determination as to whether a criminal conviction will prevent the person from receiving a license issued by the Board.

(3) The petitioner must submit the Board’s determination request form, relevant criminal history documentation, and the required $75 fee.

(4) The Executive Director has the authority to review a petitioner’s request under this rule and to determine whether the petitioner’s criminal conviction(s) prevent the person from obtaining a license issued by the Board.

(5) The Board will reconsider a determination that a criminal conviction prevents the person from obtaining a license if the person submits a completed application for a license.

(6) Upon reconsideration, the Board may rescind a previous determination that a criminal conviction does not prevent the person from obtaining a license if the applicant:

(a) Has allegations or charges pending in criminal court;

(b) Failed to disclose a previous criminal conviction;

(c) Has been convicted of another crime during the period between the determination and the person’s submission of a completed application for an occupational or professional license; or

(d) Has been convicted of a crime that, during the period between the determination and the person’s submission of a completed application for an occupational or professional license, became subject to a change in state or federal law that prohibits licensure for an occupational or professional license because of a conviction of that crime.

(7) Failure to disclose a previous criminal conviction includes any misrepresentation of a prior criminal conviction, any concealment or failure to disclose a material fact about a prior criminal conviction, or any other misinformation regarding a prior criminal conviction.

(8) Nothing in this rule prohibits the Board from denying licensure for a reason other than conviction of a crime.

(9) A determination made under this rule:

(a) Is subject to the same confidentiality requirements that are applicable to completed applications for a license; and

(b) Is not considered a final determination of the Board.

History

Statutory/Other Authority: ORS 677.265 & Oregon Laws 2024, chapter 95, section 44 (SB 1552)
Statutes/Other Implemented: Oregon Laws 2024, chapter 95, section 44 (SB 1552), ORS 677.100, ORS 677.188(1), ORS 677.190, ORS 677.512, ORS 677.759 & ORS 677.820
OMB 8-2025, adopt filed 04/08/2025, effective 07/01/2025

Division 8 REGISTRATION, USE OF NAME, CHANGE OF ADDRESS

Or. Admin. R. 847-008-0000 Definitions

As used in OAR chapter 847:

(1) “Licensee” means an individual holding a valid license issued by the Board.

(2) “Physician” means a person who holds a degree of Doctor of Medicine or Doctor of Osteopathic Medicine or equivalent, or a person who holds a degree of Doctor of Podiatric Medicine if in the context in which the term “physician” is used does not authorize or require the person to practice outside the scope of a license issued under ORS 677.805 to 677.840.

History

Statutory/Other Authority: ORS 677.010 & ORS 677.265
Statutes/Other Implemented: ORS 677.010
OMB 5-2018, amend filed 01/05/2018, effective 01/05/2018
BME 7-1998, f. & cert. ef. 7-22-98
ME 11-1992, f. & cert. ef. 10-22-92
ME 5-1990, f. & cert. ef. 4-25-90

Or. Admin. R. 847-008-0003 Delegation of Authority

(1) The Executive Director or, in the absence of the Executive Director, the Medical Director has the authority to grant, renew and reactivate licensure for all license types and statuses upon satisfactory completion of the application.

(2) The Executive Director or, in the absence of the Executive Director, the Medical Director has the authority to approve visiting physician applications and visiting acupuncturist applications.

(3) The Executive Director has the authority to waive the registration fee for good and sufficient reason.

(4) The Executive Director has the authority to require additional documentation or explanatory statements for the application file to be considered satisfactorily complete.

(5) The Executive Director has the authority to determine that an applicant qualifies for licensure by expedited endorsement.

(6) The Executive Director has the authority to perform initial reviews of applications to determine whether an applicant or licensee meets the qualifications, has satisfactorily completed the application and should be approved or whether the application file contains derogatory information that requires review by an advisory committee and a determination by the Board.

(7) The Executive Director or Medical Director has the authority to review and approve Consent Agreements for Re-entry to Practice for applicants who have ceased clinical practice for a period of 24 or more consecutive months and grant a license to the applicant upon the Executive Director’s or Medical Director’s signature.

(8) The Medical Director has the authority to determine whether an applicant or licensee has significant malpractice claims or patient care issues that require additional review by an advisory committee and a determination by the Board.

(9) The Executive Director has the authority to grant waivers of the competency examinations if the applicable waiver requirements are met.

History

Statutory/Other Authority: ORS 677.265 & 677.235
Statutes/Other Implemented: ORS 292.495 & 677.235
OMB 10-2016, f. & cert. ef. 10-7-16
OMB 11-2014, f. & cert. ef. 4-9-14
OMB 27-2013, f. & cert. ef. 10-15-13
OMB 14-2013(Temp), f. 7-12-13, cert. ef. 7-15-13 thru 1-11-14

Or. Admin. R. 847-008-0005 Registration Periods

Every licensee of the Board shall renew their registration prior to the last day of each renewal period as follows:

(1) The registration renewal application and fee for physicians and physician associates must be received in the Board office during regular business hours and must be satisfactorily complete on or before December 31 of each odd-numbered year.

(2) The registration renewal application and fee for physicians and physician associates with Emeritus status must be received in the Board office during regular business hours and must be satisfactorily complete on or before December 31 of every year.

(3) Physicians in a qualified postgraduate training program may elect to register on an annual basis.

(4) The registration renewal form and fee for Licensed Acupuncturists must be received in the Board office during regular business hours and must be satisfactorily complete on or before June 30 of each even-numbered year.

(5) If the registration renewal form and fee are not received in the Board office during regular business hours and are not satisfactorily complete on or before the last day of the renewal period, the license will lapse.

History

Statutory/Other Authority: ORS 677.139, ORS 677.265 & ORS 677.512
Statutes/Other Implemented: ORS 677.010, ORS 677.139, ORS 677.172, ORS 677.228, ORS 677.265, ORS 677.512, ORS 677.520 & ORS 677.765
OMB 17-2024, amend filed 10/10/2024, effective 10/10/2024
OMB 5-2018, amend filed 01/05/2018, effective 01/05/2018
BME 16-2008, f. & cert. ef. 7-21-08
BME 14-2004, f. & cert. ef. 7-13-04
BME 3-2003, f. & cert. ef. 1-27-03
BME 7-1998, f. & cert. ef. 7-22-98
ME 11-1992, f. & cert. ef. 10-22-92
ME 5-1991, f. & cert. ef. 7-24-91
ME 5-1990, f. & cert. ef. 4-25-90

Or. Admin. R. 847-008-0010 Initial Registration

(1) An applicant for licensure as a physician, physician associate, or acupuncturist, whose application file is complete, must submit to the Board the initial registration form and fee prior to being granted a license by the Board.

(2) A person applying for licensure must ensure the license application is complete and accurate throughout the application process. A person applying for licensure must update the Board within 10 business days regarding any changes in information previously provided or any new information that becomes available during the application process.

(3) An application expires if not completed within a 6-month consecutive period.

(4) Once an application expires and per OAR 847-020-0110(3), a person applying for licensure must file a new application, documents, letters and pay a full filing fee as if filing for the first time.

(5) The application is not subject to section (3) once the application is reviewed by the Board or a Committee of the Board.

(6)(a) An individual who initially becomes licensed, certified or registered by the Board at any time during the first 12 months of a biennial registration period must pay the entire biennial registration fee for that period, except as provided in OAR 847-008-0015 and 847-008-0025.

(b) An individual who initially becomes licensed, certified, or registered by the Board at any time during the second 12 months of the biennial registration period must pay the registration fee for one year.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.172, ORS 677.190, ORS 677.205 & ORS 677.415
OMB 10-2026, amend filed 07/02/2026, effective 07/02/2026
OMB 17-2024, amend filed 10/10/2024, effective 10/10/2024
OMB 4-2024, amend filed 01/08/2024, effective 01/08/2024
OMB 8-2017, amend filed 10/26/2017, effective 10/26/2017
OMB 12-2014, f. & cert. ef. 10-8-14
OMB 13-2012, f. & cert. ef. 4-17-12
BME 2-2002, f. & cert. ef. 1-28-02
BME 6-2000, f. & cert. ef. 7-27-00
BME 8-1998, f. & cert. ef. 7-22-98
ME 5-1991, f. & cert. ef. 7-24-91
ME 5-1990, f. & cert. ef. 4-25-90

Or. Admin. R. 847-008-0015 Active Registration

(1) Each licensee of the Board who practices within the State of Oregon shall register and pay a biennial active registration fee prior to the last day of the registration period, except where the licensee is a physician in a qualified training program and elects to register on an annual basis.

(2) Each licensee of the Board whose practice address of record with the Board is within 100 miles of the border of the State of Oregon and who intends to practice within Oregon shall qualify for active registration status. Such licensee shall submit a statement to the Board attesting to practice in Oregon.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.228 & ORS 677.172
OMB 1-2020, amend filed 01/16/2020, effective 01/16/2020
OMB 21-2012, f. & cert. ef. 8-3-12
BME 16-2010, f. & cert. ef. 10-25-10
BME 8-2008, f. & cert. ef. 4-24-08
BME 2-2007, f. & cert. ef. 1-24-07
BME 7-2006, f. & cert. ef. 5-8-06
BME 14-2004, f. & cert. ef. 7-13-04
BME 2-2004, f. & cert. ef. 1-27-04
ME 5-1991, f. & cert. ef. 7-24-91
ME 5-1990, f. & cert. ef. 4-25-90

Or. Admin. R. 847-008-0018 Military/Public Health Active Registration

(1) Military/Public Health Active registration status allows a licensee to maintain an active, unrestricted license despite intermittent interruptions in Oregon practice.

(2) Any licensee who is actively serving in the US Military or employed with the US Public Health Service, US Department of Veteran Affairs, the US Department of State Foreign Service or the Indian Health Service for more than 12 months and whose official state of residence is Oregon must obtain a Military/Public Health Active status by providing the Board with written notification of current assignment or employment, a copy of their Oregon Driver’s License or other proof of residence, and payment of the biennial registration fee.

(3) The Military/Public Health Active status remains valid as long as the licensee maintains active duty in the military or public health, and the licensee’s official state of residence is Oregon. At the conclusion of the licensee's service, the licensee must submit separation notification to the Board.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.172 & ORS 677.265
OMB 1-2020, amend filed 01/16/2020, effective 01/16/2020
OMB 21-2012, f. & cert. ef. 8-3-12
OMB 12-2011, f. & cert. ef. 7-13-11
BME 16-2010, f. & cert. ef. 10-25-10
BME 8-2008, f. & cert. ef. 4-24-08

Or. Admin. R. 847-008-0020 Locum Tenens Registration

(1) Any licensee who proposes to practice intermittently within Oregon and who does not qualify under OAR 847-008-0015 shall register and pay the biennial locum tenens registration fee.

(2) The licensee practicing in Oregon with a locum tenens registration status may practice for a period not longer than two hundred and forty consecutive days in the biennium, or a total of two hundred and forty days on an intermittent basis in the biennium. A licensee practicing in Oregon with a locum tenens registration status who wishes to reactivate to active registration status, may be granted an additional ninety days to complete the reactivation process.

(3) A volunteer camp physician, who provides medical care at a non-profit camp, shall practice with locum tenens registration status. The volunteer camp physician with locum tenens status may practice in Oregon for a period not longer than fourteen days per year.

(4) A licensee who registers as locum tenens and who does not practice in Oregon during the biennium, shall be registered as inactive at the time of registration renewal, and shall be required to reactivate to locum tenens registration status prior to practicing in Oregon.

(5) Requirements, procedures, and fees for a Locum Tenens registration shall be the same as for active registration.

(6) Any licensee registered as locum tenens shall provide the Board with timely notification of the location and duration of each Oregon practice prior to beginning of such practice.

(7) The licensee with locum tenens status who wishes to practice under a different license status must submit the reactivation application and fee and satisfactorily complete the reactivation process.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.172 & 677.265
OMB 13-2025, amend filed 10/08/2025, effective 10/08/2025
OMB 3-2015, f. & cert. ef. 1-8-16
BME 2-2009, f. & cert. ef. 1-22-09
BME 11-2002, f. & cert. ef. 10-25-02
BME 7-2001, f. & cert. ef. 7-18-01
BME 6-2000, f. & cert. ef. 7-27-00
ME 3-1993, f. & cert. ef. 4-22-93
ME 5-1990, f. & cert. ef. 4-25-90

Or. Admin. R. 847-008-0022 Teleradiology Registration

(1) Teleradiology is the electronic transmission of radiological images from one location to another for the purposes of interpretation or consultation.

(2) A physician whose specialty is radiology or diagnostic radiology who practices in a location outside of Oregon and receives radiological images via teleradiology from an Oregon location for interpretation or consultation and who communicates his/her radiological findings back to the ordering physician is practicing teleradiology for Oregon. A physician practicing teleradiology for Oregon is not required to be licensed in Oregon. The Board, however, offers a license with Teleradiology active registration status for those physicians who require such for administrative reasons.

(3) Physicians granted Teleradiology active status must register and pay a biennial active registration fee.

(4) The physician with Teleradiology active status desiring to have active status to practice in Oregon must submit the reactivation application and fee and satisfactorily complete the reactivation process before beginning active practice in Oregon.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.172
OMB 3-2015, f. & cert. ef. 1-8-16
BME 8-2008, f. & cert. ef. 4-24-08
BME 2-2007, f. & cert. ef. 1-24-07
BME 14-2004, f. & cert. ef. 7-13-04

Or. Admin. R. 847-008-0023 Telemonitoring Registration

(1) Telemonitoring is the intraoperative monitoring of data collected during surgery and electronically transmitted to a physician who practices in a location outside of Oregon via a telemedicine link for the purpose of allowing the monitoring physician to notify the operating team of changes that may have a serious effect on the outcome or survival of the patient. The monitoring physician is in communication with the operation team through a technician in the operating room.

(2) The facility where the surgery is to be performed must be a licensed hospital or ambulatory surgical center licensed by the Department of Human Services, must grant medical staff membership and/or clinical privileges to the monitoring physician, and must request the Board grant Telemonitoring active status to the monitoring physician to perform intraoperative telemonitoring on patients during surgery.

(3) Physicians granted Telemonitoring active status must register and pay a biennial active registration fee.

(4) The physician with Telemonitoring active status desiring to have active status to practice in Oregon must submit the reactivation application and fee and satisfactorily complete the reactivation process before beginning active practice in Oregon.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.172 & 677.265
OMB 3-2015, f. & cert. ef. 1-8-16
BME 2-2010, f. & cert. ef. 1-26-10
BME 8-2008, f. & cert. ef. 4-24-08
BME 2-2007, f. & cert. ef. 1-24-07
BME 8-2006, f. & cert. ef. 5-8-06
BME 1-2006(Temp), f. & cert. ef. 2-8-06 thru 7-7-06

Or. Admin. R. 847-008-0025 Inactive Registration

(1) Each licensee of the Board who is licensed, certified or registered but who does not practice within the State of Oregon, shall register and pay a biennial inactive registration fee prior to the last day of the registration period.

(2) The licensee with inactive status who wishes to resume practice in Oregon must submit the reactivation application and fee and satisfactorily complete the reactivation process before beginning practice in Oregon.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.172
OMB 10-2025, amend filed 07/10/2025, effective 07/10/2025
OMB 3-2015, f. & cert. ef. 1-8-16
ME 5-1990, f. & cert. ef. 4-25-90

Or. Admin. R. 847-008-0030 Emeritus Registration

(1) A licensee who has retired from active practice, but does only volunteer, non-remunerative practice and receives no direct or indirect monetary compensation, may register and pay an annual emeritus registration fee.

(2) The licensee with emeritus status who wishes to practice under a different license status must submit the reactivation application and fee and satisfactorily complete the reactivation process before beginning practice in Oregon.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.172, 677.175 & 677.265
OMB 7-2025, amend filed 04/04/2025, effective 04/04/2025
OMB 3-2015, f. & cert. ef. 1-8-16
BME 6-2000, f. & cert. ef. 7-27-00
ME 5-1990, f. & cert. ef. 4-25-90

Or. Admin. R. 847-008-0035 Retired Status

(1) A licensee who is fully retired and not practicing any form of medicine, whether paid, volunteer, or writing prescriptions in any state, may request retirement status and pay no biennial renewal fee. Prior to retirement a licensee shall notify the Board in writing of intent to retire.

(2) A licensee who returns to practice in any state may not hold retired status. If a licensee with retired status wishes to return to practice in Oregon, the licensee must submit the reactivation application and fee and satisfactorily complete the reactivation process before beginning practice in Oregon. If the license had lapsed prior to the change to retired status, the lapsed registration must be cleared by payment of the registration renewal late fee before reactivation can be completed.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.172, 677.175 & 677.265
OMB 3-2015, f. & cert. ef. 1-8-16
BME 6-2000, f. & cert. ef. 7-27-00
ME 11-1992, f. & cert. ef. 10-22-92
ME 5-1990, f. & cert. ef. 4-25-90

Or. Admin. R. 847-008-0036 Revoked or Suspended Status

The Board may suspend or revoke the license to practice of a licensee of the Board:

(1) For one or more reasons listed in ORS 677.190;

(2) For reasons involving controlled substances as stated in ORS 677.480;

(3) Upon notification by the Department of Justice that a child support case is being maintained and enforced and that the licensee is under judgment or order to pay monthly child support and is in arrears in an amount equal to three months of support or $2,500, whichever occurs later, as stated in ORS 25.750 and .780;

(4) For mental illness or imprisonment as stated in ORS 677.225; and

(5) If the Board finds that evidence in its possession indicates that a continuation in practice of the licensee constitutes an immediate danger to the public as stated in ORS 677.205.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.265
BME 16-2008, f. & cert. ef. 7-21-08

Or. Admin. R. 847-008-0037 Administrative Medicine Registration

(1) A physician or podiatric physician who proposes to practice Administrative Medicine within the State shall apply for and obtain a license.

(2) A physician or podiatric physician with an Administrative Medicine license may not examine, care for or treat patients. A physician or podiatric physician with an Administrative Medicine license may advise organizations, both public and private, on healthcare matters; authorize and deny financial payments for care; organize and direct research programs; review care provided for quality; and other similar duties that do not require direct patient care.

(3) Physicians or podiatric physicians granted Administrative Medicine active status must register and pay a biennial active registration fee.

(4) The licensee with Administrative Medicine active status desiring to have active status to practice in Oregon must submit the reactivation application and fee and satisfactorily complete the reactivation process before beginning active practice in Oregon.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.172 & 677.265
OMB 3-2015, f. & cert. ef. 1-8-16
BME 8-2008, f. & cert. ef. 4-24-08
BME 2-2008, f. & cert. ef. 1-22-08
BME 21-2007(Temp), f. & cert. ef. 10-24-07 thru 4-7-08
BME 2-2007, f. & cert. ef. 1-24-07

Or. Admin. R. 847-008-0040 Process of Registration

(1) The application for registration must be submitted to the Board by the first day of the month in which the license is due to expire.

(2) The application for registration must be accompanied by the appropriate fee as listed in 847-005-0005.

(3) At its discretion, the Board may waive the fee for good and sufficient reason.

(4) If the licensee has been out of practice for more than 12 consecutive months or there are other concerns regarding the licensee’s medical competency or fitness to practice, the Board may renew licensee at Inactive status once the license renewal form has been completed satisfactorily.

(5) The Board must provide to all licensees who have complied with this section a certificate of registration, which must be displayed in a prominent place in the licensee’s primary practice location through the end of the last business day of the registration period.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.175, 677.265 & 677.510
OMB 13-2022, amend filed 07/12/2022, effective 07/12/2022
OMB 12-2014, f. & cert. ef. 10-8-14
OMB 7-2013, f. & cert. ef. 4-5-13
OMB 4-2013(Temp), f. & cert. ef. 1-11-13 thru 7-10-13
OMB 22-2012, f. & cert. ef. 8-3-12
OMB 4-2012, f. & cert. ef. 2-10-12
OMB 31-2011(Temp), f. 12-15-11, cert. ef. 1-1-12 thru 6-29-12
Temporary suspended by OMB 27-2011(Temp), f. & cert. ef. 10-26-11 thru 4-10-12
OMB 19-2011(Temp), f. & cert. ef. 10-13-11 thru 4-10-12
BME 2-2009, f. & cert. ef. 1-22-09
BME 16-2008, f. & cert. ef. 7-21-08
BME 14-2004, f. & cert. ef. 7-13-04
ME 5-1990, f. & cert. ef. 4-25-90

Or. Admin. R. 847-008-0045 Failure to Apply for Registration

(1) A license or certificate shall be considered delinquent if not renewed by the first day of the final month of the registration period.

(2) A license or certification shall lapse if not received in the Board office during regular business hours on or before the final day of the registration period.

(3) A licensee who wishes to officially surrender license must submit the engrossed license and wallet-sized card. This must be done prior to the expiration of registration.

(4) Should a licensee continue to practice while a license or certificate is lapsed, that individual shall be considered practicing without a valid license or certificate, and may be subject to prosecution under ORS 677.205, or may be subject to discipline by the Board.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.172
BME 14-2004, f. & cert. ef. 7-13-04
ME 2-1994, f. & cert. ef. 1-24-94
ME 12-1993(Temp), f. & cert. ef. 10-27-93
ME 5-1991, f. & cert. ef. 7-24-91
ME 5-1990, f. & cert. ef. 4-25-90

Or. Admin. R. 847-008-0050 Reinstatement or Reactivation of License Lapsed Due to Non-Renewal

(1) A licensee of the Board whose license has lapsed through failure to renew registration may:

(a) Reinstate within 90 days of the end of the registration period by paying a late registration fee, paying renewal fees for the lapsed registration period, completing and submitting the required forms, and meeting any other requirements defined by Oregon law. The reinstatement will be effective on the date the renewal is processed.

(b) Reactivate after 90 days from the end of the registration period but within two biennia by completing and submitting the reactivation application and processing fee, paying a late registration fee, paying renewal fees for the lapsed registration periods, and meeting any other requirements per OAR 847-008-0055.

(2) A license will expire if it is not reinstated or reactivated within two biennia from the date the license lapsed. A previous licensee of the Board who wishes to be relicensed after the license has expired must apply as a new applicant by submitting the license application form and fee, meeting all current licensing requirements, and satisfactorily completing the application process.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.100, 677.172 & 677.265
OMB 3-2015, f. & cert. ef. 1-8-16
OMB 12-2011, f. & cert. ef. 7-13-11
BME 17-2003, f. & cert. ef. 12-8-03
BME 1-2002, f. & cert. ef. 1-28-02
ME 2-1994, f. & cert. ef. 1-24-94
ME 12-1993(Temp), f. & cert. ef. 10-27-93
ME 11-1990, f. & cert. ef. 11-15-90
ME 5-1990, f. & cert. ef. 4-25-90

Or. Admin. R. 847-008-0051 Reinstatement Following Surrender of Licensure

A licensee who wishes to be relicensed after surrendering licensure, must apply as a new applicant, and submit the license application form and fee. If the license had lapsed prior to surrender, the lapsed registration must be cleared by payment of the back registration fees and late fee. The applicant must meet all current licensing requirements before being considered for relicensure.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.175
BME 2-2001, f. & cert. ef. 1-25-01
BME 6-2000, f. & cert. ef. 7-27-00
ME 2-1994, f. & cert. ef. 1-24-94
ME 12-1993(Temp), f. & cert. ef. 10-27-93
ME 5-1991, f. & cert. ef. 7-24-91

Or. Admin. R. 847-008-0053 Restoration of License from Revoked Status

(1) A licensee whose license has been revoked may request restoration of the licensure two years after the date of revocation of his license, and must apply as a new applicant.

(2) The applicant must meet all current licensing requirements, and pay all applicable fees.

(3) Prior to the Board reviewing the request for restoration of a revoked license the applicant shall provide the Board with:

(a) All relevant disciplinary actions in the applicant’s history; and

(b) Professional history since the date of revocation, including continuing medical education, and professional or personal rehabilitation.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.220
BME 7-2001, f. & cert. ef. 7-18-01
BME 6-2000, f. & cert. ef. 7-27-00

Or. Admin. R. 847-008-0055 Reactivation Requirements

(1) A licensee of the Board who wishes to reactivate must provide the Board with the following:

(a) Completed reactivation application;

(b) Appropriate fees as listed in 847-005-0005 and any civil penalties or hearing costs that may be due;

(c) An evaluation of overall performance and specific beginning and ending dates of training, practice, or employment sent directly to the Board from the director, administrator, dean, or other official of each hospital, clinic, office, or training institute where the licensee was employed, practiced, had hospital privileges, or trained in any state, country, or territory since the time of licensee’s last renewal or as directed by the Board.

(2) The Board may require the licensee applying for reactivation to:

(a) Provide other documentation or explanatory statements;

(b) Personally appear before the Board;

(3) The Board may deny reactivation based on grounds for denial of licensure provided in Oregon Revised Statutes chapter 677 or Oregon Administrative Rules chapter 847.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.172, ORS 677.190, ORS 677.265, ORS 677.512, ORS 677.759, ORS 677.825 & ORS 677.830
OMB 9-2024, amend filed 04/09/2024, effective 04/09/2024
OMB 1-2020, amend filed 01/16/2020, effective 01/16/2020
OMB 13-2016, f. & cert. ef. 10-7-16
OMB 3-2015, f. & cert. ef. 1-8-16
OMB 28-2013, f. & cert. ef. 10-15-13
OMB 12-2011, f. & cert. ef. 7-13-11
BME 2-2008, f. & cert. ef. 1-22-08
BME 25-2006, f. & cert. ef. 10-23-06
BME 14-2004, f. & cert. ef. 7-13-04
BME 2-2004, f. & cert. ef. 1-27-04
BME 7-2002, f. & cert. ef. 7-17-02
BME 6-2000, f. & cert. ef. 7-27-00
ME 2-1997, f. & cert. ef. 7-28-97
ME 5-1990, f. & cert. ef. 4-25-90

Or. Admin. R. 847-008-0058 Fraud or Misrepresentation

(1) Omissions or false, misleading or deceptive statements or information on any Board application, affidavit or registration is a violation of ORS 677.190(8) and is grounds for a $195 fine for the first violation, a $250 fine for the second violation, and a $500 fine for the third or subsequent violation. The applicant or licensee may be subject to further disciplinary action by the Board.

(2) If a fine is issued under section (1) of this rule, the Board will not approve an application, affidavit or registration until the applicant or licensee has paid the fine or is proceeding to a hearing as provided by ORS 183.745.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.175, 677.190, 677.205 & 677.265
OMB 9-2015, f. & cert. ef. 10-13-15
OMB 7-2015(Temp), f. & cert. ef. 7-14-15 thru 1-9-16
OMB 12-2014, f. & cert. ef. 10-8-14

Or. Admin. R. 847-008-0060 Notification of Change of Location

Each licensee of the Board shall notify the Board in writing within 30 days of any change in residence address, practice location, or mailing address.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.172
BME 8-2009, f. & cert. ef. 5-1-09
ME 5-1990, f. & cert. ef. 4-25-90

Or. Admin. R. 847-008-0065 Use of Name

(1) Each licensee of the Board must be licensed under licensee’s legal name and must practice under that legal name.

(a) “Legal name” means the first name, middle name and last or surname, without the use of initials or nicknames and is the name given at birth or subsequently acquired through marriage, court order, adoption or naturalization.

(b) Evidence of legal name must be in the form of official records such as a birth certificate, marriage certificate or a court order/decree.

(2) When a name is changed, all of the following must be submitted to the Board within 30 days of the name change:

(a) A signed change of name notification affidavit provided by this Board;

(b) A copy of the legal document showing the name change; and

(3) A licensee may practice under a variation of their legal name, if:

(a) The variation is part of the licensee’s legal name,

(b) The variation remains in the same order of the legal name, and

(4) Violation of this rule will result in a $195 fine and may be cause for further disciplinary action by the Board.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.265
OMB 7-2021, amend filed 10/13/2021, effective 10/13/2021
OMB 1-2013, f. & cert. ef. 1-11-13
OMB 23-2011, f. & cert. ef. 10-18-11
BME 24-2007, f. & cert. ef. 10-24-07
ME 5-1990, f. & cert. ef. 4-25-90

Or. Admin. R. 847-008-0068 State and Nationwide Criminal Records Checks, Fitness Determinations

(1) The purpose of this rule is to provide for the reasonable screening of physician, physician associate, and acupuncturist applicants and licensees in order to determine if they have a history of criminal behavior such that they are not fit to be granted or to hold a license that is issued by the Board.

(2) The Board may require legible fingerprints for the purpose of a criminal records check and fitness determination of all applicants and licensees, including:

(a) Applicants for a license;

(b) Licensees applying to reactivate a license;

(d) Licensees under investigation.

(3) Criminal records checks and fitness determinations are conducted according to ORS 181A.170 to 181A.215, 670.280, and OAR 125-007-0200 to 127-007-0310.

(a) The Board will request the Oregon Department of State Police to conduct a state and nationwide criminal records check. Any original fingerprint cards will subsequently be destroyed.

(b) All background checks must include available state and national data, unless obtaining one or the other is an acceptable alternative.

(c) The applicant or licensee must disclose all arrests, charges, and convictions regardless of the outcome or date of occurrence. Disclosure includes any military, juvenile, expunged or set aside criminal records.

(d) The Board may require additional information from the applicant or licensee, such as, but not limited to, proof of identity, previous names, residential history or additional criminal, judicial or other background information.

(4) If the applicant or licensee has potentially disqualifying criminal offender information, the Board will consider the following factors in making the fitness determination:

(a) The nature of the crime;

(b) The facts that support the conviction or pending indictment or that indicate the making of the false statement;

(c) The relevancy, if any, of the crime or the false statement to the specific requirements of the applicant's or licensee's present or proposed license;

(d) Intervening circumstances relevant to the responsibilities and circumstances of the license. Intervening circumstances include but are not limited to:

(A) The passage of time since the commission of the crime;

(B) The age of the applicant or licensee at the time of the crime;

(D) The subsequent commission of another relevant crime;

(E) Whether the conviction was set aside and the legal effect of setting aside the conviction; and

(F) A recommendation of an employer;

(e) Any false statements or omissions made by the applicant or licensee; and

(f) Any other pertinent information obtained as part of an investigation.

(5) The Board will make a fitness determination consistent with the outcomes provided in OAR 125-007-0260.

(a) A fitness determination approval does not guarantee the granting or renewal of a license.

(b) A restricted or conditional approval may necessitate probation, conditions, limitations, or other restrictions on licensure.

(d) An incomplete fitness determination results if the applicant or licensee refuses to consent to the criminal history check, refuses to be fingerprinted or respond to written correspondence, or discontinues the criminal records process for any reason. Incomplete fitness determinations may not be appealed.

(6) Criminal offender information is confidential. Information received may be disseminated only to people with a demonstrated and legitimate need to know the information. The information is part of the investigation of an applicant or licensee and as such is confidential pursuant to ORS 676.175(1).

(7) The Board will permit the individual for whom a fingerprint-based criminal records check was conducted to inspect the individual's own state and national criminal offender records and, if requested by the subject individual, provide the individual with a copy of the individual's own state and national criminal offender records.

(8) An applicant or licensee may appeal a final fitness determination pursuant to OAR 125-007-0300. Challenges to the accuracy or completeness of criminal history information must be made in accordance with OAR 125-007-0300(7).

(9) The applicant or licensee must pay a criminal records check fee for the actual cost of acquiring and furnishing the criminal offender information.

History

Statutory/Other Authority: ORS 181A.195, 181A.215, 676.303 & 677.265
Statutes/Other Implemented: ORS 181A.170, 181A.195, 181A.215, 670.280, 676.303, 677.100 & 677.265
OMB 17-2024, amend filed 10/10/2024, effective 10/10/2024
OMB 15-2016, f. & cert. ef. 10-7-16
OMB 29-2013, f. & cert. ef. 10-15-13
OMB 15-2013(Temp), f. 7-12-12, cert. ef. 7-15-13 thru 1-11-14
Renumbered from 847-020-0155 by OMB 6-2013, f. & cert. ef. 4-5-13
OMB 24-2012, f. & cert. ef. 8-3-12
OMB 10-2012(Temp), f. & cert. ef. 3-2-12 thru 8-29-12
OMB 5-2012, f. & cert. ef. 2-10-12
OMB 20-2011(Temp), f. & cert. ef. 10-13-11 thru 4-10-12
BME 4-2008, f. & cert. ef. 1-22-08
BME 4-2007, f. & cert. ef. 1-24-07
BME 20-2006(Temp), f. & cert. ef. 9-14-06 thru 3-12-07

Or. Admin. R. 847-008-0070 Continuing Medical Competency (Education)

The Oregon Medical Board is committed to ensuring the continuing competence of its licensees for the protection, safety and well being of the public. All licensees must engage in a culture of continuous quality improvement and lifelong learning.

(1) Licensees renewing registration who had been registered with Active, Administrative Medicine Active, Locum Tenens, Military/Public Health Active, Telemedicine Active, Telemonitoring Active, or Teleradiology Active status for the previous registration period must demonstrate ongoing competency to practice medicine by:

(a) Ongoing participation in a program of recertification or maintenance of certification by an American Board of Medical Specialties (ABMS) board, the American Osteopathic Association’s Bureau of Osteopathic Specialists (AOA-BOS), the American Board of Podiatric Medicine (ABPM), the American Board of Foot and Ankle Surgery (ABFAS), the National Commission on Certification of Physician Assistants (NCCPA), or the National Certification Board for Acupuncture and Herbal Medicine (NCBAHM); or

(b) 60 hours of continuing medical education (CME) per two years relevant to the licensee’s current medical practice, or 30 hours of CME if licensed during the second year of the biennium, as follows:

(A) American Medical Association (AMA) Category 1;

(B) American Osteopathic Association (AOA) Category 1-A or 2-A;

(C) American Podiatric Medical Association’s (APMA) Council on Podiatric Medical Education approved sponsors of continuing education; or

(D) American Academy of Physician Associates (AAPA) Category 1 (pre-approved); or

(c) 30 hours of NCBAHM-approved courses per two years relevant to the licensee’s current practice, or 15 hours if licensed during the second year of the biennium.

(2) Licensees renewing registration who had been registered with Emeritus status for the previous registration period must demonstrate ongoing competency by:

(a) Ongoing participation in re-certification by an ABMS board, the AOA-BOS, the ABPM, the ABFAS, the NCCPA, or the NCBAHM; or

(b) 15 hours of CME per year as follows:

(A) AMA Category 1 or 2;

(B) AOA Category 1-A, 1-B, 2-A or 2-B;

(D) AAPA Category 1 or 2; or

(3) Licensees who have lifetime certification without participation in a program of recertification or maintenance of certification with the ABMS, AOA-BOS, ABPM, ABFAS, or NCCPA must submit the required CME in section (1) (b) of this rule or section (2) (b) of this rule if renewing with Emeritus status.

(4) Licensees who have lifetime certification without participation in a program of recertification or maintenance of certification with the NCBAHM must submit the required CME in section (1) (c) of this rule or section (2) (c) of this rule if renewing with Emeritus status.

(5) Licensees serving in the military may provide documentation of military training or experience that is substantially equivalent to the continuing education required by the Board to meet the requirements of this rule.

(6)(a) CME in cultural competency is considered relevant CME for the current practice of all licensees and may be used toward satisfying the required CME hours and the cultural competency continuing education hours required in OAR 847-008-0077.

(b) CME in suicide risk assessment, treatment and management is considered relevant CME for the current practice of all licensees and may be used toward satisfying the required CME hours.

(c) CME in the detection and early diagnosis of Alzheimer’s disease and in the appropriate prescribing of antipsychotic drugs to treat patients with Alzheimer’s disease is considered relevant CME for the current practice of all physician and physician associate licensees and may be used toward satisfying the required CME hours. Licensees practicing in primary care or geriatric care are encouraged to obtain the CME described here.

(7) Licensees who perform Level II office-based surgical procedures and who are not eligible or maintaining certification with an ABMS, AOA-BOS, ABPM, ABFAS, or NCCPA specialty board, must obtain 50 hours of CME each year. The CME hours must be relevant to the surgical procedures to be performed in the office-based facility and must be accredited as described in section (1)(b) of this rule. This requirement may not be satisfied with cultural competency CME or other CME that is only generally relevant to the licensee’s practice.

(8) The Board may audit licensees for compliance with CME. Audited licensees have 60 days from the date of the audit to provide course certificates. Failure to comply or misrepresentation of compliance is grounds for disciplinary action.

(9) As the result of an audit, if licensee’s CME is deficient or licensee does not provide adequate documentation, the licensee will be fined $250 and must comply with CME requirements within 120 days from the date of the audit.

(a) If the licensee does not comply within 120 days of the date of the audit, the fine will increase to $1000; and

(b) If the licensee does not comply within 180 days of the date of the audit, the licensee’s license will be suspended for a minimum of 90 days.

(10) The following licensees are exempt from this rule:

(a) Licensees in residency training; and

(b) Volunteer Camp licensees.

History

Statutory/Other Authority: ORS 677.265, ORS 676.850 & ORS 676.860
Statutes/Other Implemented: ORS 677.265, ORS 677.512, ORS 677.759, ORS 677.837, ORS 676.850, ORS 676.860 & ORS 677.487
OMB 5-2026, amend filed 01/12/2026, effective 01/12/2026
OMB 17-2024, amend filed 10/10/2024, effective 10/10/2024
OMB 1-2021, amend filed 01/13/2021, effective 07/01/2021
OMB 1-2020, amend filed 01/16/2020, effective 01/16/2020
OMB 1-2019, amend filed 07/24/2019, effective 07/24/2019
OMB 4-2018, amend filed 01/05/2018, effective 01/05/2018
OMB 7-2016, f. & cert. ef. 4-8-16
OMB 2-2014, f. & cert. ef. 1-14-14
OMB 23-2012, f. & cert. ef. 8-3-12
OMB 7-2011, f. & cert. ef. 4-25-11
BME 16-2009, f. & cert. ef. 10-23-09
BME 2-2009, f. & cert. ef. 1-22-09

Or. Admin. R. 847-008-0075 Mandatory Pain Management Education

(1) All licensees of the Oregon Medical Board, except the licensees listed in section (2) of this rule, must complete one-hour of continuing education in pain management at initial licensure and every 24 months provided by the Pain Management Commission of the Department of Human Services.

(2) Licensees holding the following types of licenses are not required to meet this requirement:

(a) Lapsed license;

(b) Teleradiology license; or

(3) Licensees must be prepared to provide documentation of continuing education if requested by the Board.

(4) Licensees will report and attest to completing the required pain management continuing education hours during the license registration renewal.

(5) The required pain management continuing education will be audited during the license registration renewal. The audit will follow the timeframes and fines set forth in OAR 847-008-0070.

(6) The Oregon Medical Board may request documentation of completing the required pain management continuing education.

(7) The continuing education hours in pain management may be used toward the continuing medical education hours required for registration renewal under OAR 847-008-0070.

History

Statutory/Other Authority: ORS 413.590 & ORS 677.265
Statutes/Other Implemented: ORS 413.590, ORS 677.265, ORS 677.228 & ORS 677.510
OMB 3-2022, amend filed 01/11/2022, effective 01/11/2022
OMB 7-2018, minor correction filed 02/16/2018, effective 02/16/2018
OMB 12-2011, f. & cert. ef. 7-13-11
Renumbered from 847-010-0100 by OMB 4-2011, f. & cert. ef. 2-11-11
BME 3-2009, f. & cert. ef. 1-22-09
BME 7-2005, f. & cert. ef. 7-20-05

Or. Admin. R. 847-008-0077 Mandatory Cultural Competency Education

Cultural competency continuing education is a life-long process of examining values and beliefs while developing and applying an inclusive approach to health care practice in a manner that recognizes the context and complexities of provider-patient interactions and preserves the dignity of individuals, families, and communities. Continuing education in cultural competency should teach attitudes, knowledge, and skills to care effectively for patients from diverse cultures, groups, and communities.

(1) As a condition of license registration renewal, all Oregon Medical Board licensees renewing registration, who had been registered with a practicing license, except the licensees listed in section (2) of this rule, must complete cultural competency continuing education as follows:

(a) Complete a minimum of one continuing education hour per year;

(b) Complete continuing education:

(A) Approved by the Oregon Health Authority under ORS 413.450, or

(B) Courses or experiences that apply linguistic skills, use cultural information for therapeutic relationships, or elicit understanding and apply cultural and ethnic data in the process of clinical care, as provided in OAR 943-090-0020;

(d) Attest to completing the required continuing education hours and report number of completed hours during the license registration renewal.

(2) The following licensees are exempt from this rule:

(a) Licensees in residency training; and

(b) Volunteer Camp licensees.

(3) Continuing education hours may be obtained at any time during the audit period.

(4) The required continuing education will be audited starting October 1, 2023 and every other license registration renewal thereafter. The audit will follow the timeframes and fines set forth in OAR 847-008-0070.

(5) Licensees must provide documentation of continuing education if requested by the Board.

(6) If applicable, cultural competency continuing education hours may be used to fulfill the continuing medical education (CME) hours required for registration renewal under 847-008-0070.

History

Statutory/Other Authority: ORS 677.265 & ORS 676.850
Statutes/Other Implemented: ORS 677.265, ORS 676.850 & ORS 413.450
OMB 1-2021, adopt filed 01/13/2021, effective 07/01/2021

Division 10 GENERAL

Or. Admin. R. 847-010-0012 Certification of Examination Scores and Verification of Oregon Licensure

(1) Certification of examination scores will be furnished provided that:

(a) The licensee submits a written request, fee and proper form for certification;

(b) The license was issued on the basis of written examination taken in this state.

(2) Verification of Oregon license number, date issued and current status will be furnished regardless of the status of the license (revoked/suspended/lapsed) provided the licensee submits a written request and fee.

History

Statutory/Other Authority: ORS 183 & 677
Statutes/Other Implemented: ORS 677.110
ME 10-1986, f. & ef. 7-31-86
ME 8-1986(Temp), f. & ef. 5-5-86
ME 16-1984, f. & ef. 11-5-84
ME 11-1984(Temp), f. & ef. 7-30-84

Or. Admin. R. 847-010-0042 Posting Medicare Notice

(1) Every physician licensed to practice medicine in Oregon who is treating Medicare patients shall post a notice in the office stating whether or not the physician is currently participating in a Medicare Assignment Program. Where there is more than one physician in the medical practice, one Medicare notice is sufficient, provided all physicians have the same participation or non-participation status. Otherwise, two notices are required, one listing the participating physicians and the other listing non-participating physicians.

(2) A physician currently a participating physician in the Medicare Assignment Program under 42 U.S.C. 1395(b)(3)(B)II shall post a notice reading: (Physician’s name) is participating in the Medicare Assignment Program. The physician will not charge you fees above the Medicare determined annual deductible and the per visit co-payment. Ask your physician for more information concerning your fees.

(3) A physician not currently a participating physician in the Medicare Assignment Program under 42 U.S.C. 1395(b)(3)(B)II shall post a notice reading: (Physician’s name) is not participating in the Medicare Assignment Program and may legally charge you fees in addition to the Medicare determined annual deductible and per visit co-payment. Ask your physician for more information concerning your fees.

(4) The dimension of the sign shall be no smaller than 8" x 10"; the type size shall be no smaller than 30 point type.

(5) The posting of the sign shall assure that it can be seen and read by Medicare beneficiaries.

(6) If the physician has reasonable cause to believe that the patient cannot read the sign or cannot comprehend its content, the physician shall endeavor to explain the meaning of the notice.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 677
Statutes/Other Implemented: ORS 677.099
ME 2-1988, f. & cert. ef. 1-29-88
ME 20-1987(Temp), f. & ef. 9-30-87

Or. Admin. R. 847-010-0051 Limited License, Postgraduate

(1) This limited license applies to interns (PG1) and residents as defined in ORS 677.010. This limited license permits the physician to practice medicine only as part of a supervised postgraduate training program of a school of medicine or hospital approved by the Oregon Medical Board.

(2) The Limited License, Postgraduate may be granted for a period up to five years, not to exceed the physician’s postgraduate training program period. The physician must submit a limited license application and fee based on the number of years requested.

(3) The Limited License, Postgraduate may be granted for additional years of training, not to exceed the physician’s postgraduate training program period. The physician must submit a limited license application and fee 30 days before the end of the limited license to be granted a new limited license.

(4) If the physician separates from the training program prior to the expiration of the limited license, the physician must notify the Board within 30 days of separation. Failure to do so is grounds for disciplinary action under ORS 677.190(17) and ORS 677.190(18).

(5) Limited license fees are not refundable and may not be credited toward other Board fees.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.132 & 677.172
OMB 14-2024, amend filed 10/09/2024, effective 10/09/2024
BME 17-2009, f. & cert. ef. 10-23-09
BME 4-2003, f. & cert. ef. 1-27-03
ME 9-1992, f. & cert. ef. 7-17-92
ME 18-1989, f. & cert. ef. 10-20-89
ME 10-1989(Temp), f. & cert. ef. 8-4-89

Or. Admin. R. 847-010-0052 Limited License, Visiting Professor

(1) A physician who does not qualify for a medical license under any of the provisions of this Chapter and who is offered a teaching fellowship in an approved medical school or affiliated teaching institution in this state may, after application to and approval by the Board, be issued a Limited License, Visiting Professor. This license allows the physician to practice medicine only to the extent that such practice is incident to and a necessary part of the applicant's duties as approved by the Board in connection with such teaching fellowship.

(2) The Limited License, Visiting Professor is valid for a period of one year, and upon written request may be renewed for one additional year. The two years must be consecutive, and any unused portion of time can not be requested at a later date.

(3) Every physician who is issued a Limited License, Visiting Professor to practice in this state and who intends to continue practice in such teaching position beyond the period granted for the license must submit a new limited license application and fee at least 30 days before the expiration date of the license.

(4) To qualify for a Limited License, Visiting Professor, an applicant must furnish documentary evidence satisfactory to the Board of graduation from a school of medicine, and a curriculum vitae.

(5) The head of the department in which the applicant is to be appointed must certify in writing to the Board that the applicant has been offered a teaching fellowship which will be under the direction of the head of the department and will not be permitted to practice medicine unless as a necessary part of the applicant's duties as approved by the Board in section (1) of this rule.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.100 & 677.132
BME 23-2008, f. & cert. ef. 10-31-08
BME 2-2006, f. & cert. ef. 2-8-06
BME 4-2003, f. & cert. ef. 1-27-03
BME 2-2002, f. & cert. ef. 1-28-02
ME 4-1993, f. & cert. ef. 4-22-93
ME 2-1991, f. & cert. ef. 4-19-91
ME 1-1991(Temp), f. 1-30-91, cert. ef. 1-31-91
ME 11-1988, f. & cert. ef. 8-5-88
ME 21-1987, f. & ef. 10-29-87

Or. Admin. R. 847-010-0056 Limited License, Fellow

(1) Any physician who proposes to do a fellowship in Oregon and who does not wish to register under OAR 847-020-0120 or 847-020-0130 may apply for a Limited License, Fellow. A fellow is a physician who is pursuing some special line of study as part of a supervised program of an approved school of medicine or affiliated teaching institution. A Limited License, Fellow permits the physician to practice medicine only as part of a supervised fellowship program.

(2) A Limited License, Fellow shall be granted for a period of one year, and upon written request from the head of the training program submitted 30 days before the end of the first year, may be renewed for only one additional year. The two years must be consecutive.

(3) A request for a Limited License, Fellow must be accompanied by a copy of the appointment letter or contract, and a letter sent directly from the head of the training program advising that the applicant has been offered a fellowship position and the dates of the program.

(4) Every physician who is issued a Limited License, Fellow to practice in this state shall complete a limited license application form and pay the limited license fee as of the beginning of his appointment, and 30 days before the end of the first year must submit a new limited license application form and fee for the second year.

(5) Fellowships approved by the Accreditation Council for Graduate Medical Education (ACGME) may be used to qualify for a license under OAR 847-020-0120 or 847-020-0130. Non-approved fellowships may not be used toward licensure.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.132
BME 5-2004, f. & cert. ef. 4-22-04
BME 4-2003, f. & cert. ef. 1-27-03
BME 2-2002, f. & cert. ef. 1-28-02
ME 2-1993, f. & cert. ef. 1-29-93
ME 9-1992, f. & cert. ef. 7-17-92

Or. Admin. R. 847-010-0060 Limited License, SPEX/COMVEX, and Limited License, Postgraduate

A physician who is granted a Limited License, SPEX/COMVEX, or Limited License, Postgraduate in the State of Oregon is entitled to apply for and obtain a federal narcotic stamp.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.132
OMB 3-2014, f. & cert. ef. 1-14-14
BME 3-2008, f. & cert. ef. 1-22-08
BME 11-1999, f. & cert. ef. 7-23-99
ME 6-1988, f. & cert. ef. 4-20-88
ME 3-1988(Temp), f. & cert. ef. 1-29-88
ME 10-1986, f. & cert. ef. 7-31-86
ME 17-1968, f. & cert. ef. 5-2-68

Or. Admin. R. 847-010-0063 Limited License, Medical Faculty

(1) A physician qualifying under OAR 847-020-0140 may be granted a Limited License, Medical Faculty. This license allows the physician to practice medicine only to the extent that such practice is incident to and a necessary part of the applicant’s duties as approved by the Board in connection with the faculty position.

(2) A Limited License, Medical Faculty is valid for one year after issuance and may be renewed as frequently as needed for a total period not to exceed four years. The four years must be consecutive.

(3) Every physician who is issued a Limited License, Medical Faculty to practice in this state and who intends to continue practice in such faculty position beyond the period granted for the license must submit a new limited license application and fee at least 30 days before the expiration date of the license.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.100 & 677.132
OMB 30-2013, f. & cert. ef. 10-15-13
OMB 16-2013(Temp), f. 7-12-13, cert. ef. 7-15-13 thru 1-11-14
BME 23-2008, f. & cert. ef. 10-31-08
BME 3-2007, f. & cert. ef. 1-24-07
BME 5-2004, f. & cert. ef. 4-22-04
BME 2-2002, f. & cert. ef. 1-28-02
BME 5-2001, f. & cert. ef. 4-23-01
ME 4-1993, f. & cert. ef. 4-22-93
ME 11-1988, f. & cert. ef. 8-5-88
ME 21-1987, f. & ef. 10-29-87

Or. Admin. R. 847-010-0064 Limited License, SPEX/COMVEX

(1) An applicant for a license to practice medicine, who, being otherwise qualified for the unlimited license, but who must take a Competency Examination (Special Purpose Examination-SPEX or Comprehensive Osteopathic Medical Variable-Purpose Examination-COMVEX), may be issued a Limited License, SPEX/COMVEX provided the applicant has completed an application under ORS 677.100 to 677.132 which is satisfactory to the Board.

(2) A Limited License, SPEX/COMVEX may be granted for a period of 6 months and permits the licensee to practice medicine only until grade results are available, and the applicant completes the initial registration process.

(3) The Limited License, SPEX/COMVEX would become invalid should the applicant fail the SPEX or COMVEX examination and the applicant, upon notification of failure of the examination, must cease practice in this state as expeditiously as possible, but not to exceed two weeks after the applicant receives notice of failure of the examination. The applicant whose Limited License, SPEX/COMVEX became invalid due to failure of the examination is not eligible for another Limited License, SPEX/COMVEX.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.120 & 677.132
OMB 11-2018, amend filed 10/13/2018, effective 10/13/2018
BME 3-2008, f. & cert. ef. 1-22-08
ME 4-1997, f. & cert. ef. 11-3-97
ME 8-1996, f. & cert. ef. 10-29-96
ME 18-1989, f. & cert. ef. 10-20-89
ME 10-1989(Temp), f. & cert. ef. 8-4-89

Or. Admin. R. 847-010-0066 Limited License, Visiting Provider

(1) The Board recognizes that physicians, physician assistants, and physician associates with a particular specialty, skill, or interest are occasionally needed to fill a narrow teaching, clinical, or legal role for a brief period of time upon short notice. In fulfillment of the Board’s mission to protect the health, safety, and wellbeing of Oregon patients while promoting access to quality care, the Board may grant limited licenses for visiting physicians and physician associates for a specified time and purpose.

(2) A Limited License, Visiting Provider is available for the following limited purposes:

(a) To obtain or provide training unrelated to enrollment in a postgraduate training program for a period up to 30 days per year in a hospital, ambulatory surgical center, or accredited office-based surgery facility per OAR 847-017-0010.

(b) To provide health care services without compensation at a community nonprofit organization for a period up to five consecutive days per year.

(c) To review medical records, perform physical or mental examinations, and offer an opinion on a person’s diagnosis or treatment as an expert witness in an Oregon civil or criminal case for a period up to 30 days per year.

(A) A provider approved under this subsection must report any clinical or secondary findings to the patient’s primary care provider or specialist.

(B) A provider approved under this subsection may not prescribe, administer, or dispense medications and may not order laboratory or imaging studies.

(d) To provide care during the 90 consecutive days immediately following the end of an emergency declared by the Governor of Oregon.

(3) To qualify for Limited License, Visiting Provider, a physician, physician assistant, or physician associate must:

(a) Be currently licensed in good standing in every state or country in which they hold a license to practice a health care profession;

(b) Have an actively licensed Oregon physician in good standing without disciplinary action who will supervise the visiting provider’s practice of medicine in Oregon unless otherwise approved for the purpose described in subsection (2)(d) of this rule;

(d) If qualifying for the purpose described in subsection (2)(d) of this rule, hold an active temporary authorization under OAR 847-010-0068(1), which was issued during the Governor-declared emergency.

(4) To apply for Limited License, Visiting Provider for the purposes described in subsections (2)(a)-(c) of this rule, the physician, physician assistant, or physician associate must:

(a) Submit an application at least two weeks before the requested date for starting practice in Oregon, and

(b) Ensure that the following documents are sent directly from the source to the Board:

(A) Documentation that the applicant’s medical license is current and in good standing in every state or country where the provider holds a license to practice a health care profession; and

(B) A letter from the requesting hospital administrator or administrator of the accredited facility and a letter from the hospital chief of staff, hospital department chairperson or member of the governing body of the accredited facility; or a letter from the community nonprofit organization; or a letter from the Oregon licensed physician supervising the visiting provider. The letter(s) must contain the following information:

(i) Dates of Oregon practice of the visiting provider;

(ii) Description of the medical services;

(iii) Name of the responsible Oregon-licensed physician who will supervise; and

(iv) If the visiting provider application is requested under subsection (1)(a) of this rule, documentation that the requesting hospital, ambulatory surgical center, or accredited facility has approved privileges for the visiting provider.

(5) For the purpose described in subsection (2)(d) of this rule, a Limited License, Visiting Provider will be granted automatically to those physicians and physician associates who hold an active temporary authorization under OAR 847-010-0068(1) upon termination of the Governor-declared emergency.

(6) A provider licensed under this rule has the same duties and responsibilities and is subject to the same Oregon laws and rules, including grounds for disciplinary action, penalties, and sanctions, as any other Oregon-licensed physician or physician associate.

(7) A provider licensed under this rule must inform patients and/or all parties involved in the criminal or civil case that the physician or physician associate holds a limited license restricted by time and purpose.

(8) The physician or physician associate who requests additional time or who requests to practice beyond the limitations of this rule in Oregon must apply for and obtain a license to practice in the State of Oregon.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.060, 677.085, 677.132, 677.190 & 677.265
OMB 17-2024, amend filed 10/10/2024, effective 10/10/2024
OMB 14-2022, amend filed 07/12/2022, effective 07/12/2022
OMB 6-2022, temporary amend filed 03/10/2022, effective 03/10/2022 through 09/05/2022
OMB 4-2017, f. & cert. ef. 4-7-17
OMB 31-2013, f. & cert. ef. 10-15-13
BME 17-2009, f. & cert. ef. 10-23-09
BME 24-2006, f. & cert. ef. 10-23-06
BME 13-2002, f. & cert. ef. 10-25-02
BME 7-2000, f. & cert. ef. 7-27-00

Or. Admin. R. 847-010-0068 Practice in Oregon in the Event of an Emergency

(1) In the event of an emergency declared by the Governor of Oregon, the Oregon Medical Board may allow physicians, physician assistants, and physician associates licensed in another state to provide medical care in Oregon under special provisions during the period of the declared emergency, subject to such limitations and conditions as the Governor may prescribe.

(a) The out-of-state physician, physician assistant, and physician associate must submit to the Board the following information:

(A) Verification of a permanent, current, and unrestricted license to practice in another state which is not the subject of a pending investigation by a hospital, a state medical board, or another state or federal agency; and

(B) Current federal or state photo identification, i.e., driver license or passport.

(b) The requirement for completing and submitting the information to the Board is waived if the out-of-state physician, physician assistant, and physician associate is a member of the National Disaster Medical System (NDMS) under the Office of Emergency Preparedness, U.S. Department of Health and Human Services, and submits to the Board a copy of his/her NDMS photo identification.

(c) The physician, physician assistant, and physician associate must provide the Board documentation demonstrating a request to provide medical care from a hospital, clinic or private medical practice, public health organization, EMS agency, or federal medical facility, or has otherwise made arrangements to provide medical care in Oregon as the result of the declaration of an emergency.

(d) The out-of-state physician, physician assistant, and physician associate must not practice in Oregon under the special emergency provisions beyond the termination date of the emergency. Practice in Oregon beyond the termination date of the declared emergency requires licensure through the Oregon Medical Board.

(2) In the event of an emergency declared by the Governor of Oregon, the Oregon Medical Board may allow Emeritus and Locum Tenens physicians and/or physician associates to provide medical care in Oregon under special provisions, subject to such limitations and conditions as the Governor may prescribe.

(a) Emeritus. Notwithstanding OAR 847-008-0030 and OAR 847-050-0046, Emeritus status licensees may receive compensation for services during the period of the declared state of emergency without completing the reactivation process.

(b) Locum Tenens. The period of a declared state of emergency will not count toward the practice period limits in OAR 847-008-0020.

(3) In the event of an emergency declared by the Governor of Oregon, the Oregon Medical Board may allow Administrative Medicine, Inactive, Lapsed, and Retired physicians and/or physician associates to reactivate to Active status in Oregon under special provisions, subject to such limitations and conditions as the Governor may prescribe.

(a) To qualify, the physician and/or physician associate must:

(A) Have had an active clinical practice within the past three years;

(B) No longer hold an active license to practice medicine in another state; and

(C) Have been in good standing at the time the Oregon license status became Administrative Medicine, Inactive, Lapsed, or Retired.

(b) Notwithstanding OAR 847-008-0025, 847-008-0035, 847-008-0037, 847-008-0050, 847-008-0055, and 847-050-0043, to apply for reactivation, the physician and/or physician associate with an Administrative Medicine, Inactive, Lapsed, or Retired status license must submit to the Board the following information:

(A) An affidavit describing medically related activities during the period of inactivity;

(B) A current federal or state photo identification, i.e., driver license or passport; and

(C) Documentation demonstrating a request to provide medical care from a hospital, clinic or private medical practice, public health organization, EMS agency, or federal medical facility, or other arrangements to provide medical care in Oregon as the result of the declaration of an emergency.

(c) Prior to reactivating, the Board will query national disciplinary databank(s) and will conduct a criminal background check.

(d) The reactivation application fee is waived, but registration fees are required pursuant to OAR 847-005-0005.

(e) Active status may be granted through the end of a year in which a state of emergency exists. The license may be returned to its previous status or to an inactive status prior to the license expiration date if the licensee is no longer providing medical care in response to the declared emergency.

(4) Any restrictions or requirements imposed against a licensee through an active Oregon Medical Board Order or Agreement remain in effect during the period of the declared emergency.

(5) In the event of a Governor-declared emergency, and in connection with a licensee’s practice of medicine, Oregon Medical Board licensees must fully comply with the Governor’s Executive Orders and implementing guidance documents when the Orders or guidance documents in whole or in part address or affect the delivery of healthcare to Oregon patients.

(a) During a declared emergency, unprofessional or dishonorable conduct includes failing to comply with any applicable provision of a Governor’s Executive Order or any provision of this rule, to include implementing guidance and rules issued by the Oregon Health Authority, and is subject to sanction pursuant to ORS 677.190(1)(a), as defined by ORS 677.188(4)(a), unprofessional or dishonorable conduct and ORS 677.190(17).

(b) No disciplinary action or penalty action shall be taken under this rule if the Executive Order alleged to have been violated is not in effect at the time of the alleged violation.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.060(4), ORS 677.172(3), ORS 677.175(1) & ORS 677.190
OMB 17-2024, amend filed 10/10/2024, effective 10/10/2024
OMB 3-2021, amend filed 04/07/2021, effective 04/07/2021
OMB 15-2020, temporary amend filed 12/10/2020, effective 12/10/2020 through 06/06/2021
OMB 11-2020, amend filed 09/09/2020, effective 09/09/2020
OMB 4-2020, temporary amend filed 03/20/2020, effective 03/20/2020 through 09/15/2020
BME 12-2002, f. & cert. ef. 10-25-02

Or. Admin. R. 847-010-0070 Competency Examination

(1) Whenever the Board orders a medical competency examination pursuant to ORS 677.420, it may require or administer one, all, or any combination of the following examinations:

(a) The Special Purpose Examination (SPEX);

(b) The Comprehensive Osteopathic Medical Variable-Purpose Examination (COMVEX);

(d) Any other examination that the Board determines appropriate.

(2) Failure to achieve a passing grade on any examination shall constitute grounds for suspension or revocation of examinee's license on the grounds of Manifest Incapacity to Practice Medicine as provided by ORS 677.190(15).

(3) If an oral examination is ordered by the Board, an Examination Panel shall be appointed. The examination shall include questions which test basic knowledge and also test for knowledge expected of a physician with a practice similar in nature to that of the examinee's. The panel shall establish a system for weighing the score for each question in the examination. After it is prepared, the examination shall be submitted to the Board for review and approval.

(4) Appointment of an Examination Panel is required only when administering an oral examination.

(5) The examinee shall be given no less than two weeks' notice of the date, time and place of any examination to be administered.

(6) The medical competency examination shall be paid for by the licensee.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.110
OMB 15-2024, amend filed 10/09/2024, effective 10/09/2024
BME 3-2008, f. & cert. ef. 1-22-08
BME 9-2003, f. & cert. ef. 5-2-03
BME 12-2000, f. & cert. ef. 10-30-00
ME 3-1985, f. & ef. 5-6-85
ME 8-1982, f. & ef. 10-27-82
ME 3-1979, f. & ef. 5-1-79
ME 34, f. & ef. 5-10-77

Or. Admin. R. 847-010-0073 Reporting Requirements

(1) Board licensees and health care facilities must report to the Board as required by ORS 676.150, 677.092, 677.190, and 677.415. These reports include, but are not limited to, the following:

(a) A licensee must self-report to the Board:

(A) Any conviction of a misdemeanor or felony or any arrest for a felony crime to the Board within 10 days after the conviction or arrest;

(B) Any adverse action taken 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 ORS chapter 677;

(D) A voluntary withdrawal from practice, voluntary resignation from the staff of a health care facility or voluntary limitation of the licensee’s staff privileges at a health care facility if the licensee’s voluntary action occurs while the licensee is under investigation by the health care facility or its committee for any reason related to possible medical incompetence, unprofessional conduct or physical incapacity or impairment within 30 calendar days.

(b) A licensee who has reasonable cause to believe that another state licensed health care professional has engaged in prohibited or unprofessional conduct must report the conduct within 10 working days to the board responsible for the other professional unless disclosure is prohibited by state or federal laws relating to confidentiality or protection of health information.

(c) A licensee must report within 10 business days to the Board any information that appears to show that a licensee is or may be medically incompetent or is or may be guilty of unprofessional or dishonorable conduct or is or may be a licensee with a physical incapacity.

(d) A health care facility must report to the Board:

(A) Any official action taken against a licensee within 10 business days of the date of the official action; or

(B) A licensee’s voluntary withdrawal from practice, voluntary resignation from the staff of a health care facility or voluntary limitation of the licensee’s staff privileges at a health care facility if the licensee’s voluntary action occurs while the licensee is under investigation by the health care facility or its committee for any reason related to possible medical incompetence, unprofessional conduct or physical incapacity or impairment within 30 calendar days.

(2) For purposes of the statutes, reporting to the Board means making a report to the Board’s Investigation Unit or the Board’s Executive Director or the Board’s Medical Director. Making a report to the Board’s Health Professionals’ Services Program (HPSP) or HPSP’s Medical Director does not satisfy the duty to report to the Board.

(3) For the purposes of ORS chapters 676 and 677, the terms medical incompetence, unprofessional conduct, and impaired licensee have the following meanings:

(a) Medical Incompetence: A licensee who is medically incompetent is one who is unable to practice medicine with reasonable skill or safety due to lack of knowledge, lack of ability, or impairment. Evidence of medical incompetence shall include:

(A) Gross or repeated acts of negligence involving patient care.

(B) Failure to achieve a passing score or satisfactory rating on a competency examination or program of evaluation when the examination or evaluation is ordered or directed by the Board or a health care facility.

(C) Failure to complete a course or program of remedial education when ordered or directed to do so by the Board or a health care facility, or a medical education or training program.

(b) Unprofessional conduct: Unprofessional conduct includes the behavior described in ORS 677.188(4), defined as conduct which is unbecoming to a person licensed by the Board or detrimental to the best interest of the public, and which includes:

(A)(i) Any conduct or practice contrary to recognized standards of ethics of the medical, podiatric, or acupuncture professions, or

(ii) Any conduct which does or might constitute a danger to the health or safety of a patient or the public, to include a violation of patient boundaries, or

(iii) Any conduct or practice which does or might adversely affect a provider’s ability to safely and skillfully practice medicine, podiatry, or acupuncture; or

(iv) Practicing with a condition that is adversely affecting a provider’s ability to safely and skillfully practice medicine, podiatry, or acupuncture.

(B) Willful performance of any surgical or medical treatment which is contrary to acceptable medical standards.

(C)(i) Willful and repeated ordering or performance of unnecessary laboratory tests or radiologic studies; or

(ii) Administration of unnecessary treatment; or

(iii) Employment of outmoded, unproved, or unscientific treatments, except as allowed in ORS 677.190 (1)(b); or

(iv) Failing to obtain consultations when failing to do so is not consistent with the standard of care; or

(v) Otherwise utilizing medical service for diagnosis or treatment which is or may be considered inappropriate or unnecessary.

(D) Fraud in the performance of, or the billing for, medical procedures.

(E) Repeated instances of disruptive behavior in the health care setting that could adversely affect the delivery of health care to patients.

(F) Sexual misconduct: Licensee sexual misconduct is behavior that exploits the licensee-patient relationship in a sexual way. The behavior is non-diagnostic and non-therapeutic, may be verbal, physical or other behavior, and may include expressions of thoughts and feelings or gestures that are sexual or that reasonably may be construed by a patient as sexual. Sexual misconduct includes but is not limited to:

(i) Sexual violation: Licensee-patient sex, whether or not initiated by the patient, and engaging in any conduct with a patient or the patient’s immediate family that is sexual or may be reasonably interpreted as sexual, including but not limited to:

(I) Sexual intercourse;

(II) Genital to genital contact;

(III) Oral to genital contact;

(IV) Oral to anal contact;

(V) Genital to anal contact;

(VI) Kissing in a romantic or sexual manner;

(VII) Touching breasts, genitals, or any sexualized body part for any purpose other than appropriate examination or treatment, or where the patient has refused or has withdrawn consent;

(VIII) Encouraging the patient to masturbate in the presence of the licensee or masturbation by the licensee while the patient is present; or

(IX) Offering to provide practice-related services, such as medications, in exchange for sexual favors.

(ii) Sexual impropriety: Behavior, gestures, or expressions that are seductive, sexually suggestive, or sexually demeaning to a patient or the patient’s immediate family, to include:

(I) Sexually exploitative behavior, to include taking, transmitting, viewing, or in any way using photos or any other image of a patient, their family or associates for the prurient interest of others.

(II) Intentional viewing in the health care setting of any sexually explicit conduct for prurient interests.

(III) Having any involvement with child pornography, which is defined as any visual depiction of a minor (a child younger than 18) engaged in sexually explicit conduct.

(IV) Sexually explicit communication in person, by mail, by telephone, or by other electronic means, including but not limited to text message, e-mail, video or social media.

(G) Conduct not otherwise allowed by Oregon law which is contrary to or inconsistent with recognized standards of ethics of the medical, podiatric, or acupuncture professions, specifically conduct that is contrary to or inconsistent with:

(i) Any principle, opinion, or provision of the American Medical Association’s 2016 Code of Ethics.

(ii) Ethical standards established by a specialty board as defined in OAR 847-020-0100:

(I) In which the licensee is certified, and

(II) Which were in place at the time the conduct occurred.

(iii) Ethical standards established by the medical college or specialty society:

(I) In which the licensee practices or practiced at the time of the conduct, and

(II) Which were in effect as of April 7, 2022.

(iv) Any provision of the American Osteopathic Association’s 2016 Code of Ethics.

(v) Any provision of the American Podiatric Medical Association’s 2017 Code of Ethics.

(vi) Any provision of the 2008 (reaffirmed in 2013) American Association of Physician Assistants’ Guidelines for Ethical Conduct for the Physician Assistant Profession.

(vii) Any provision of the Oregon Association of Acupuncturists’ 2008 Code of Ethics.

(viii) Any provision of the National Certification Board for Acupuncture and Herbal Medicine’s 2023 Code of Ethics.

(H) Intentionally contacting the known complainant or allowing any person authorized to act on behalf of the licensee to contact the known complainant in regard to the complaint or investigation unless and until the licensee has requested a contested case hearing and the Board has authorized the taking of the complainant’s deposition pursuant to ORS 183.425.

(I) In the practice of acupuncture, the failure to meet the standard of care of a reasonably prudent, careful, and skillful practitioner of acupuncture under the same circumstances, in the same or similar community. In the practice of acupuncture, errors of such repetition or magnitude that a willful disregard of practice standards or patient safety may be inferred.

(J) Discrimination in the practice of medicine, podiatry, or acupuncture resulting in differences in the quality of healthcare delivered that is not due to access-related factors or clinical needs, preferences, and appropriateness of intervention.

(c) Licensee Impairment: A licensee who is impaired is a licensee who is unable to practice medicine with reasonable skill or safety due to factors which include, but are not limited to:

(A) The use of alcohol, drugs, prescribed medication, or other substances while on or off duty which causes impairment when on duty, including taking call or supervising other healthcare professionals, regardless of practice setting.

(B) Mental or emotional illness.

(C) Physical deterioration or long term illness or injury which adversely affects cognition, motor, or perceptive skills.

(4) For the purposes of the reporting requirements of this rule and ORS 677.415, licensees shall be considered to be impaired if they refuse to undergo an evaluation for mental or physical competence or chemical impairment, or if they resign their privileges to avoid such an evaluation, when the evaluation is ordered or directed by a health care facility or by this Board.

(5) For the purposes of the reporting requirements of this rule and ORS 677.415, official action does not include administrative suspensions of seven or fewer calendar days for failure to maintain or complete records. Administrative suspensions described in this section must be reported as an official action when the suspensions occur more than three times in any 12-month period.

(6) A report made by a board licensee or the Oregon Medical Association or other health professional association, to include the Osteopathic Physicians and Surgeons of Oregon, Inc, or the Oregon Podiatric Medical Association to the Board under ORS 677.415 shall include the following information:

(a) The name, title, address and telephone number of the person making the report;

(b) The information that appears to show that a licensee is or may be medically incompetent, is or may be guilty of unprofessional or dishonorable conduct or is or may be a licensee with an impairment.

(7) A report made by a health care facility to the Board under ORS 677.415 (5) and (6) shall include:

(a) The name, title, address and telephone number of the health care facility making the report;

(b) The date of an official action taken against the licensee or the licensee’s voluntary action withdrawing from practice, voluntary resignation or voluntary limitation of licensee staff privileges; and

(A) The specific restriction, limitation, suspension, loss or denial of the licensee’s medical staff privileges and the effective date or term of the restriction, limitation, suspension, loss or denial; or

(B) The fact that the licensee has voluntarily withdrawn from the practice of medicine or podiatry, voluntarily resigned from the staff of a health care facility or voluntarily limited the licensee’s privileges at a health care facility and the effective date of the withdrawal, resignation or limitation.

(8) A report made under ORS 677.415 Section 2 may not include any information that is privileged peer review data, see ORS 41.675.

(9) All required reports shall be made in writing.

(10) Any person who reports or provides information in good faith as required by the statutes is immune from civil liability for making the report.

History

Statutory/Other Authority: ORS 677.265 & 677.417
Statutes/Other Implemented: ORS 676.150, 677.092, 677.190, 677.205, 677.265 & 677.415
OMB 5-2026, amend filed 01/12/2026, effective 01/12/2026
OMB 15-2024, amend filed 10/09/2024, effective 10/09/2024
OMB 7-2022, amend filed 04/07/2022, effective 04/07/2022
OMB 13-2020, amend filed 10/05/2020, effective 10/05/2020
OMB 5-2016, f. & cert. ef. 1-8-16
OMB 4-2015, f. & cert. ef. 4-3-15
BME 3-2010, f. & cert. ef. 1-26-10
BME 9-2009, f. & cert. ef. 5-1-09
BME 3-2008, f. & cert. ef. 1-22-08
BME 3-2007, f. & cert. ef. 1-24-07
BME 9-2006, f. & cert. ef. 5-8-06
BME 5-2004, f. & cert. ef. 4-22-04

Or. Admin. R. 847-010-0075 Reporting of Alleged Professional Negligence

(1) As required in ORS 742.400 any insurer or approved self insurance association shall report claims of alleged professional negligence to the Oregon Medical Board within 30 days of filing of the claim. Incidents and inquiries not leading to claims need not be filed.

(2) All settlements, awards or judgments against a physician paid as a result of alleged professional negligence shall be reported to the Board within 30 days after the date of settlement, award or judgment.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 742
BME 1-2000, f. & cert. ef. 2-7-00
ME 10-1988, f. & cert. ef. 8-5-88
ME 3-1987, f. & ef. 1-23-87

Or. Admin. R. 847-010-0078 Agreement Prohibited between Physician and Patient that Limits a Patient’s Rights

Licensees and applicants shall not make an agreement with a patient or person, or any person or entity representing patients, nor provide any form of consideration, that would prohibit, restrict, discourage or otherwise limit a person's ability to file a complaint with the Oregon Medical Board, to truthfully and fully answer any questions posed by an agent or representative of the Board, or to participate as a witness in a Board proceeding.

Statutory Auth.: ORS 677.265

History

Statutes/Other Implemented: ORS 677.132
BME 3-2001, f. & cert. ef. 1-25-01

Or. Admin. R. 847-010-0081 Physician- Assisted Death with Dignity

A licensee's compliance with ORS 127.800 et seq shall not be considered a violation of 677.190(1), unprofessional or dishonorable conduct, as defined in 677.188(4)(a), (b), or (c).

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 127.885
OMB 29-2012, f. & cert. ef. 11-22-12
BME 4-1998, f. & cert. ef. 4-22-98
BME 2-1998(Temp), f. & cert. ef. 2-4-98 thru 7-31-98

Or. Admin. R. 847-010-0090 Clinical Clerkships and Preceptorships

A medical student may participate in the diagnosis and treatment of Oregon patients under the following circumstances:

(1) The student is enrolled in a medical school accredited by the Liaison Committee on Medical Education, the Commission on Osteopathic College Accreditation, or the Committee on Accreditation of Canadian Medical Schools;

(2) The student is supervised by an actively practicing, Oregon-licensed health care professional in good standing who is qualified and competent to supervise the student’s clinical experience; and

(3) Care is delivered within the scope and context of a course, clerkship, preceptorship or other clinical experience approved by an accredited medical school or affiliated teaching institution in Oregon.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.265 & ORS 677.010
OMB 2-2026, amend filed 01/09/2026, effective 01/09/2026
OMB 9-2017, amend filed 10/26/2017, effective 10/26/2017
ME 4-1985, f. & ef. 5-6-85

Or. Admin. R. 847-010-0095 Peer Review

The Oregon Medical Board will participate in a peer review process to implement the provisions of ORS 441.055 by using the following rules:

(1) The Board will receive requests to appoint physicians to conduct peer review provided the requests are made jointly by all of the following:

(a) The physician whose practice is being reviewed;

(b) The executive committee of the health care facility’s medical staff;

(2) The Board will review requests and may decide to appoint physicians to conduct peer review.

(3) If the Board decides to appoint physicians to conduct peer review, the parties will be required to sign a contract agreeing to pay all costs. The Board will not be a party to such contract.

(4) The Board will appoint one or more physicians to conduct peer review in accordance with the medical staff by-laws of the facility.

(5) Reports will be processed according to Board protocol.

(6) The report of findings and conclusions of the panel will be forwarded to the requesting facility for processing according to the medical staff by-laws of the facility.

(7) If further action necessitates appropriate hearing proceedings, a panel of physicians will be appointed to conduct the hearings in accordance with the medical staff by-laws of the facility.

(8) The report of findings and conclusions of the hearings panel will be forwarded to the requesting facility in accordance with the medical staff by-laws.

History

Statutory/Other Authority: ORS 677
Statutes/Other Implemented: ORS 441.055
ME 2-1988, f. & cert. ef. 1-29-88

Or. Admin. R. 847-010-0110 Physicians and Physician Associates to Honor Life-Sustaining Treatment Orders

(1) A physician or physician associate licensed pursuant to ORS Chapter 677 shall respect the patient’s wishes including life-sustaining treatments. Consistent with the requirements of ORS Chapter 127, a physician or physician associate shall respect and honor life-sustaining treatment orders executed by a physician, physician associate or nurse practitioner. The fact that a physician, physician associate or nurse practitioner who executed a life-sustaining treatment order does not have admitting privileges at a hospital or health care facility where the patient is being treated does not remove the obligation under this section to honor the order. In keeping with ORS Chapter 127, a physician or physician associate shall not be subject to criminal prosecution, civil liability or professional discipline.

(2) Should new information on the health of the patient become available the goals of treatment may change. Following discussion with the patient, or if incapable their surrogate, new orders regarding life-sustaining treatment should be written, dated and signed.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 127.505–127.660 & 677.265
OMB 17-2024, amend filed 10/10/2024, effective 10/10/2024
BME 13-2007, f. & cert. ef. 4-26-07

Or. Admin. R. 847-010-0120 Prescription Drug Monitoring Program

(1) A licensee with an active registration status and an active United States Drug Enforcement Agency (DEA) registration to prescribe in Oregon must register with the Prescription Drug Monitoring Program established under ORS 431A.855.

(2) New licensees with an active DEA registration must register with the Prescription Drug Monitoring Program as specified in section (1) of this rule, within 30 calendar days of Oregon licensure or DEA registration, whichever is later.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.265, ORS 431A.855 & ORS 431A.877
OMB 6-2020, adopt filed 04/07/2020, effective 04/07/2020

Or. Admin. R. 847-010-0130 Medical Chaperones

(1) As of July 1, 2023, a licensee must offer a trained chaperone to be physically present for all:

(a) Genital and rectal examinations regardless of gender; and

(b) Breast examinations for patients who identify as female.

(2) The licensee must ensure that the chaperone:

(a) Is not a personal friend or relative of the patient or licensee; and

(b)(A) Holds an active Oregon license to practice a health care profession; or

(B) Completes a course for medical chaperones approved by the Oregon Medical Board.

(3) During a breast, genital, or rectal examination when a chaperone is requested, the chaperone may not participate in acts that would obstruct or distract the chaperone from observing the licensee’s behavior and actions throughout the exam, procedure, or clinical encounter.

(4) For all breast, genital, and rectal examinations, the presence or absence of a chaperone must be documented in the patient chart.

(5) The patient may decline the presence of a chaperone for a breast, genital, and rectal examination. If the patient declines, the licensee:

(a) May defer the breast, genital, or rectal examination if, in the provider’s judgment, deferring the examination is in the best interest of the patient and the licensee.

(b) May perform the examination and document the patient’s consent to proceed without the presence of a chaperone.

(6) A licensee is not required under this rule to offer a chaperone be present in circumstances in which it is likely that failure to examine the patient would result in significant and imminent harm to the patient, such as during a medical emergency.

(7) A licensee is not required to offer a chaperone if a chaperone is already present in the normal course of the examination.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.265
OMB 18-2022, adopt filed 10/12/2022, effective 10/12/2022

Or. Admin. R. 847-010-0140 Health Care Interpreters

(1) For the purpose of this rule, the following terms are defined:

(a) "Certified health care interpreter" has the meaning given in ORS 413.550, an individual who has been approved and certified by the Oregon Health Authority under ORS 413.558.

(b) "Limited English proficient" or "LEP" means a level of English proficiency that is insufficient to ensure equal access to public services without an interpreter.

(c) “Qualified health care interpreter" has the meaning given in ORS 413.550, an individual who has been issued a valid letter of qualification from the authority under ORS 413.558.

(2) Oregon Medical Board licensees, reimbursed with public funds, in whole or in part, must utilize qualified or certified health care interpreters from the Oregon Health Authority's health care interpreter central registry when arranging for or providing services to a person with LEP or who prefers to communicate in a language other than English or who communicates in signed language for onsite interpreting and no later than July 1, 2023, for remote interpreting. Exceptions are allowed when the licensee:

(a) Has documented proficiency in the preferred language of the person with LEP or communicates in the signed language of choice. The licensee must adopt a language services policy, and abide by language proficiency requirements, consistent with nationally recognized professional standards of care as outlined by organizations such as the American Medical Association, the Joint Commission, the National Committee for Quality Assurance or another equivalent national standard; or

(b) Has made a good faith effort to obtain a health care interpreter from the central registry and has found that none are available to provide interpreting. In this circumstance, the licensee may work with the non-registered interpreter for that visit or episode of care. For each visit or episode of care that a licensee works with a non-registered interpreter, the licensee must create and maintain records of the good faith efforts made by the licensee to work with an interpreter from the central registry. At a minimum, licensees must develop and maintain policies, processes, and outcomes describing:

(A) The steps the licensee takes to work with an interpreter from the central registry for a health care appointment;

(B) The efforts the licensee makes to reduce reliance on interpreters who are not on the central registry; and

(C) How the licensee efforts are increasing the number of health care interpreting appointments scheduled with interpreters from the central registry; or

(c) Has maintained records that the person with LEP or who is Deaf or Hard of Hearing was offered services of a health care interpreter from the health care interpreter central registry at no cost to the person with LEP or who is Deaf or Hard of Hearing and the person with LEP or who is Deaf or Hard of Hearing has declined and chosen a different interpreter.

(3) Licensee must ensure records are maintained of each encounter in which the licensee worked with a health care interpreter from the health care interpreter central registry or worked with an interpreter not on the central registry and met one of the exceptions in section (2) of this rule. The record must include:

(a) The full name of the health care interpreter.

(b) The health care interpreter's central registry number, if applicable.

(4) Licensees must provide personal protective equipment, consistent with established national standards, to health care interpreters providing services on-site at no cost to the interpreter. The licensee may not require that the health care interpreter procure the health care interpreter's own personal protective equipment as a condition of working with the licensee.

History

Statutory/Other Authority: ORS 677.265 & OL 2021, chapter 453, section 2 (HB 2359)
Statutes/Other Implemented: OL 2021, chapter 453, section 2 (HB 2359)
OMB 17-2022, adopt filed 10/12/2022, effective 10/12/2022

Or. Admin. R. 847-010-0200 Physician and Physician Associate Volunteer Practice

(1) For the purpose of this rule “health care practitioner” means a physician, physician assistant, or physician associate authorized to practice in another state or United States territory.

(2) For the purposes of ORS 677.190 and ORS 677.205 “registration” includes volunteer authorizations.

(3) Under the provisions of this rule, a health care practitioner may practice in Oregon in connection with a coordinating organization or other entity without compensation for up to 30 days each calendar year if approved to do so by the Oregon Medical Board.

(4) A health care practitioner must submit the following to the Oregon Medical Board, at least 10 days prior to commencing volunteer practice in this state:

(a) Proof that the health care practitioner is in good standing and is not the subject of an active disciplinary action in any jurisdiction in which the health care practitioner is authorized to practice;

(b) An acknowledgement that the health care practitioner may provide services only within the scope of practice of the health care profession that the health care practitioner is authorized to practice and will provide services pursuant to ORS chapter 677 and Board rules, whichever is more restrictive;

(d) The name and contact information of the coordinating organization or other entity through which the health care practitioner will practice; and

(e) The dates on which the health care practitioner will practice in Oregon.

(5) The Oregon Medical Board will provide approval and confirmation of authority to practice as a volunteer within 10 days of receiving the information described in section (4) of this rule.

History

Statutory/Other Authority: ORS 677.265 & OL 2022, chapter 62 (HB 4096)
Statutes/Other Implemented: OL 2022, chapter 62 (HB 4096)
OMB 17-2024, amend filed 10/10/2024, effective 10/10/2024
OMB 10-2023, amend filed 07/06/2023, effective 07/06/2023
OMB 24-2022, adopt filed 10/12/2022, effective 01/01/2023

Or. Admin. R. 847-010-0300 Access to Mental Health Assessment, Treatment, or Services

Licensees may not deny any individual access to mental health assessment, treatment, or services on the basis that the individual also has an intellectual or developmental disability.

History

Statutory/Other Authority: ORS 677.265 & OL 2024, chapter 96, section 5 (SB 1557) as amended by OL 2025, chapter 313, section 1 (SB 729)
Statutes/Other Implemented: OL 2024, chapter 96, section 5 (SB 1557) as amended by OL 2025, chapter 313, section 1 (SB 729)
OMB 12-2025, adopt filed 10/08/2025, effective 10/08/2025

Division 12 PATIENT’S ACCESS TO MEDICAL RECORDS

Or. Admin. R. 847-012-0000 Patient’s Access to Medical Records

(1) Licensees of the Oregon Medical Board must make protected health information in the medical record available to the patient or the patient’s representative upon their request, to inspect and obtain a copy of protected health information about the individual, except as provided by law and this rule. The patient may request all or part of the record. A summary may substitute for the actual record only if the patient agrees to the substitution. Board licensees are encouraged to use the written authorization form provided by ORS 192.566.

(2) For the purpose of this rule, “health information in the medical record” means any oral, written or electronic information in any form or medium that is created or received and relates to:

(a) The past, present, or future physical or mental health of the patient.

(b) The provision of healthcare to the patient.

(3) Upon request, the entire health information record in the possession of the Board licensee will be provided to the patient. This includes records from other healthcare providers. Information which may be withheld includes:

(a) Information which was obtained from someone other than a healthcare provider under a promise of confidentiality and access to the information would likely reveal the source of the information;

(b) Psychotherapy notes;

(c) Information compiled in reasonable anticipation of, or for use in, a civil, criminal, or administrative action or proceeding; and

(d) Other reasons specified by federal regulation.

(4) Licensees who have retired, failed to renew their license, relocated their practice out of the area, had their license revoked, or had their license suspended for one year or more must notify each patient seen within the previous two years and the Oregon Medical Board of the change in licensee’s status and how patients may access or obtain their medical records. Notifications must be in writing and sent by regular mail to each patient’s last known address within 45 days of the change in licensee’s status.

(5) Licensees who have been suspended for less than one year must notify the Board within 10 days of the suspension how patients may access or obtain their medical records.

(6) A reasonable cost may be imposed for the costs incurred in complying with the patient’s request for health information. These costs may include:

(a) No more than $30 for copying 10 or fewer pages of written material, and no more than 50 cents per page for pages 11 through 50, and no more than 25 cents for each additional page;

(b) A bonus charge of $5 if the request for records is processed and the records are mailed by first class mail to the requester within seven business days after the date of the request;

(d) Actual costs of preparing an explanation or summary of the health information, if such information is requested by the patient; and

(e) Actual costs of reproducing films, x-rays, or other reports maintained in a non-written form.

(7) A patient may not be denied summaries or copies of his/her medical records because of inability to pay.

(8) Requests for medical records must be complied with within a reasonable amount of time not to exceed 30 days from the receipt of the request.

(9) Violation of this rule will result in a $195 fine and may be cause for further disciplinary action by the Board.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 192.553, 192.556, 192.558, 192.563, 192.566 & 677.265
OMB 8-2013, f. & cert. ef. 4-5-13
OMB 24-2011, f. & cert. ef. 10-18-11
BME 17-2008, f. & cert. ef. 7-21-08
BME 18-2004, f. & cert. ef. 10-20-04
BME 1-2004, f. & cert. ef. 1-27-04
ME 7-1988, f. & cert. ef. 4-20-88

Division 15 GENERAL LICENSING RULES, RELATING TO CONTROLLED SUBSTANCES

Or. Admin. R. 847-015-0005 Scheduled II Controlled Substance — Bariatrics Practice

(1) A licensee shall not utilize a Schedule II controlled substance for purposes of weight reduction or control.

(2) A violation of any provision of this rule, as determined by the Board, shall constitute Unprofessional Conduct as the term is used in ORS 677.188(4)(a), (b), or (c), whether or not actual injury to a patient is established.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.188 & 677.190
OMB 8-2016, f. & cert. ef. 7-8-16
ME 1-1995, f. & cert. ef. 2-1-95
ME 1-1987, f. & ef. 1-20-87

Or. Admin. R. 847-015-0010 Schedule III or IV Controlled Substances — Bariatrics Practice

(1) A licensee shall not utilize a Schedule III or IV controlled substance for purposes of weight reduction, other than in accordance with federal Food and Drug Administration (FDA) product guidelines in effect at the time of utilization and with all the provisions of this rule.

(2) A licensee may utilize a Schedule III or IV controlled substance for purposes of weight reduction in the treatment of Exogenous Obesity in a regimen of weight reduction based on caloric restriction, behavior modification and prescribed exercise, provided that all of the following conditions are met:

(a) Before initiating treatment utilizing a Schedule III or IV controlled substance, the licensee thoroughly reviews the licensee’s own records of prior treatment, or thoroughly reviews the records of prior treatment which another treating health care professional or weight-loss program has provided to the licensee, that one of the following conditions exist:

(A) Patient's body mass index exceeds 30 Kg/M sq; or

(B) Patient's body mass index exceeds 27 Kg/M sq and the excess weight represents a threat to the patient's health (as with hypertension, diabetes, or hypercholesterolemia.)

(b) Before initiating treatment utilizing a Schedule III or IV controlled substance, the licensee obtains a thorough history, performs a thorough physical examination of the patient, and rules out the existence of any recognized contraindications to the use of the controlled substance to be utilized.

(3) Continuation of Schedule III or IV designated as FDA short term use controlled substances beyond three (3) months requires documentation of an average two (2) pound per month weight loss during active weight reduction treatment, or documentation of maintenance of goal weight. Use of Schedule III or IV controlled substances with FDA approval for bariatric therapy and designated for long term use where FDA guidelines are followed may also be used beyond three months.

(4) A violation of any provision of this rule, as determined by the Board, shall constitute Unprofessional Conduct as the term is used in ORS 677.188(4)(a), (b), or (c), whether or not actual injury to a patient is established.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.188(4) & 677.190(24)
OMB 8-2016, f. & cert. ef. 7-8-16
BME 4-2001, f. & cert. ef. 1-25-01
BME 17-2000(Temp), f. & cert. ef. 10-30-00 thru 2-28-01
BME 9-1998, f. & cert. ef. 7-22-98
ME 1-1997, f. & cert. ef. 1-28-97
ME 1-1995, f. & cert. ef. 2-1-95
ME 1-1987, f. & ef. 1-20-87

Or. Admin. R. 847-015-0015 Maintenance of Controlled Substances Log by Prescribing Practitioners

Any practitioner dispensing or administering controlled substances from the practitioner’s office must have a Drug Enforcement Administration registration indicating the address of that office. The practitioner shall maintain an inventory log showing all controlled substances received, and administered or dispensed. This log shall also list for each controlled substance, the patient’s name, amounts used, and date administered or dispensed. This log shall be available for inspection on request by the Oregon Medical Board or its authorized agents. Controlled substances samples are included in this rule.

History

Statutory/Other Authority: ORS 677
Statutes/Other Implemented: ORS 475.165
ME 15-1987, f. & ef. 8-3-87

Or. Admin. R. 847-015-0020 Maintenance of Controlled Substances Log — Ambulance and Medical Rescue Services Receiving Controlled Substances from Physicians

Any physician providing controlled substances for use by ambulance and medical rescue services must have a Drug Enforcement Administration registration for the address where the controlled substances and inventory log are stored. The inventory log at the registered address shall be maintained showing all controlled substances received, or dispensed to the emergency vehicle. The administration log shall also show for each controlled substance, the patient's name and amount used, date, and by whom administered or dispensed, and may be maintained in the emergency vehicle. This log should be reviewed for accuracy on a monthly basis and be readily retrievable for inspection on request by the Board, the ambulance licensing authority as specified in ORS 682.015, or their authorized agents.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 682.245
BME 8-2001, f. & cert. ef. 7-18-01
ME 1-1997, f. & cert. ef. 1-28-97
ME 10-1987, f. & ef. 4-28-87

Or. Admin. R. 847-015-0025 Dispensing, Distribution and Administration

(1) Any actively licensed physician or podiatric physician who dispenses drugs must register with the Board as a dispensing physician before beginning to dispense drugs.

(2) At the time of license registration renewal, all dispensing physicians and podiatric physicians must indicate their status as a dispensing physician on the registration renewal form.

(3) Dispensing of drugs must be documented in the patient record. Documentation must include the name of the drug, the dose, the quantity dispensed, the directions for use and the name of the physician or podiatric physician dispensing the drugs. The physician or podiatric physician must verbally counsel the patient concerning any new medications and must provide written information on the directions for use.

(4) Distribution of samples, without charge, is not dispensing under this rule. Distribution of samples must be documented in the patient record. Documentation must include the name of the drug, the dose, the quantity distributed and the directions for use. The physician or podiatric physician must verbally counsel the patient concerning any new medications and must provide written information on the directions for use.

(5) Administering drugs in the physician's or podiatric physician's office is not dispensing under this rule. Administration of drugs must be documented in the patient record. Documentation must include the name of the drug, the dose and the quantity administered.

(6) Failure to comply with any section of this rule is a violation of the ORS Chapter 677 and is grounds for a $195 fine. The licensee may be subject to further disciplinary action by the Board.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.010, 677.089, 677.510 & 677.515
OMB 5-2024, amend filed 01/08/2024, effective 01/08/2024
OMB 32-2013, f. & cert. ef. 10-15-13
OMB 30-2011, f. & cert. ef. 10-27-11
BME 24-2007, f. & cert. ef. 10-24-07
BME 1-2005, f. & cert. ef. 1-27-05
ME 9-1993, f. & cert. ef. 7-27-93
ME 22-1987, f. & ef. 10-29-87

Or. Admin. R. 847-015-0030 Written Notice Disclosing the Material Risks Associated with Prescribed or Administered Controlled Substances for the Treatment of “Intractable Pain”

(1) Definitions

(a) “Controlled substance” has the meaning given that term under ORS 475.005.

(b) “Intractable pain” means a chronic 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 treating health care professional.

(2) Controlled substances may be prescribed for long term treatment of intractable pain. The records must contain the health care professional’s examination, diagnosis and any other supporting diagnostic evaluations and other therapeutic trials, including records from previous health care professionals. If there is a consulting health care professional, written documentation of his/her corroborating findings, diagnosis and recommendations shall be included in the record.

(3) Before initiating treatment of intractable pain with controlled substances or, when it is apparent that pain which is already being treated with controlled substances has now become intractable, the health care professional shall discuss with the patient the procedures, alternatives and risks associated with the prescribing or administering controlled substances for long term management of pain. Following the discussion, the patient will be given an opportunity to request further explanations. When the patient is satisfied with the explanation of the issues related to the prescribing of these drugs over long periods of time, the health care professional shall provide to the person and the person shall sign a written document outlining the issues discussed associated with the prescribed or administered controlled substances.

(4) The material risk notice should include but not be limited to:

(a) The diagnosis;

(b) The controlled substance and/or group of controlled substances to be used;

(A) Pain relief;

(B) Functional goals;

(d) Alternatives to controlled substance therapy;

(e) Potential additional therapies to be used in conjunction with controlled substances; and

(f) Potential side effects (if applicable):

(A) Cardiovascular;

(B) Central Nervous System;

(D) Endocrine;

(E) Respiratory;

(F) Dermatologic;

(G) Urinary;

(H) Pregnancy, and

(I) Other.

(g) Allergy Potential;

(h) Interaction/Potentiation of other medications;

(i) Potential for dose escalation/tolerance;

(j) Withdrawal precautions;

(k) Potential for dependence and addiction;

(l) Potential for impairment of judgment and/or motor skills;

(m) Satisfaction with or desire for more explanation; and

(n) Patient signature (dated).

(5) The material risk consent form will be maintained as a permanent component of the patient record as shall documentation of long term follow-up to demonstrate the continued need for this form of therapy. A dispensing record of the amount and dose of the prescribed or administered controlled substances shall be maintained as part of the patient record.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.097, 677.190, 677.470, 677.474 & 677.480
OMB 8-2016, f. & cert. ef. 7-8-16
BME 9-2008, f. & cert. ef. 4-24-08
BME 6-2004, f. & cert. ef. 4-22-04
BME 8-2000, f. & cert. ef. 7-27-00
ME 4-1996, f. & cert. ef. 7-26-96

Or. Admin. R. 847-015-0035 Attending Physicians Prescribing Medications to Physician-Assisted Death with Dignity Patients

Attending physicians prescribing medications pursuant to ORS 127.800–127.897 must:

(1) Dispense medications directly, including ancillary medications intended to facilitate the desired effect to minimize the patient's discomfort, provided the attending physician is registered as a dispensing physician with the Oregon Medical Board, has a current Drug Enforcement Administration (D.E.A.) certificate, and complies with the provisions of ORS 677.089, OAR 847-015-0015 and 847-015-0025; or

(2) With the patient's written consent:

(a) Contact a pharmacist, and inform the pharmacist of the purpose of the prescription; and

(b) Deliver the written prescription personally or by mail to the pharmacist who will dispense the medications to either the patient, the attending physician, or an expressly identified patient's agent.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 127.800 - 127.995
OMB 29-2012, f. & cert. ef. 11-22-12
BME 10-1998, f. & cert. ef. 7-22-98
BME 3-1998(Temp), f. & cert. ef. 4-8-98 thru 10-5-98

Or. Admin. R. 847-015-0040 Collaborative Drug Therapy Management

(1) “Collaborative Drug Therapy Management” as used in this section means the participation by a physician and a pharmacist in the management of drug therapy pursuant to a written protocol that includes information specific to the dosage, frequency, duration and route of administration of the drug, authorized by a physician and initiated upon a prescription order for an individual patient and:

(a) Is agreed to by one physician and one pharmacist; or

(b) Is agreed to by one or more physicians in a single organized medical group, such as a hospital medical staff, clinic or group practice, including but not limited to organized medical groups using a pharmacy and therapeutics committee, and one or more pharmacists.

(2) A physician shall engage in collaborative drug therapy management with a pharmacist only under a written arrangement that includes:

(a) The identification, either by name or by description, of the participating pharmacist(s);

(b) The identification, by name, of the participating physician(s);

(c) The name of the physician and principal pharmacist who are responsible for development, training, administration, and quality assurance of the arrangement;

(d) A detailed description of the collaborative role the pharmacist(s) shall play, including but not limited to:

(A) Written protocol for specific drugs pursuant to which the pharmacist will base drug therapy management decisions for an individual patient;

(B) Circumstances which will cause the pharmacist to initiate communication with the physician, including but not limited to the need for new prescription orders and reports of patients’ therapeutic responses or adverse effects;

(D) Quality assurance and periodic review by a panel of the participating physicians(s) and pharmacist(s).

(e) Authorization by the physician(s) for the pharmacist(s) to participate in the collaborative drug therapy;

(f) A provision for the collaborative drug therapy arrangement to be reviewed and updated, or discontinued at least every two years; and

(g) A description of the mechanism for the pharmacist(s) to communicate to the physician(s) and for documentation of the implementation of the collaborative drug therapy.

(3) Nothing in this rule shall be construed to allow therapeutic substitution.

(4) The collaborative drug therapy protocol must be kept on file in the pharmacy and made available to the Board of Pharmacy and the Oregon Medical Board upon request.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 689.005(30)
OMB 9-2021, amend filed 10/13/2021, effective 10/13/2021
BME 12-1999, f. & cert. ef. 7-23-99

Or. Admin. R. 847-015-0050 Expedited Partner Therapy for Sexually Transmitted Infection

The Oregon Medical Board recognizes that the adequate treatment of sexually transmitted infections is a public health issue. When identified in a patient, the adequate treatment and prevention of recurrence in the patient often depends upon treatment of the partner or partners of a patient, who may not be available or agreeable for clinical evaluation.

(1) As used in this rule:

(a) “Expedited partner therapy” has the meaning given in ORS 676.350, the practice of prescribing or dispensing antibiotic drugs for the treatment of a sexually transmitted infection to the partner of a patient without first examining the partner of the patient.

(b) “Partner of a patient” has the meaning given in ORS 676.350, a person whom a patient diagnosed with a sexually transmitted infection identifies as a sexual partner of the patient.

(2) A physician or physician associate treating sexually transmitted infections, may engage in open discussions with a patient to ascertain the ability for a partner of a patient to access medical services.

(3) A licensee, otherwise permitted by law to prescribe or dispense controlled substances, may practice expedited partner therapy for the treatment of sexually transmitted chlamydia and gonorrhea infections.

(4) A licensee may initiate expedited partner therapy when the licensee reasonably believes that a partner of a patient will be unwilling or unable to seek treatment within the context of a traditional provider-patient relationship.

(5) When initiating expedited partner therapy, a licensee must:

(a) Instruct the patient regarding expedited partner therapy and the medications involved.

(b) Ensure appropriate information and advice are made available to the partner of a patient, including educational materials for the patient to share with their partner(s) encouraging the partner to consult a health care provider and disclosing potential adverse drug reactions and dangerous interactions between medications.

(6) Except as provided in this rule, a licensee may not write prescriptions unless they have conducted an adequate encounter with the patient, and documented this encounter in the medical record.

(7) The partner of a patient is considered to be an individual entitled to receive the prescription drug, and nothing in this rule is intended to establish a professional relationship between the physician or physician associate and the partner of a patient.

History

Statutory/Other Authority: ORS 677.265 & ORS 676.350
Statutes/Other Implemented: ORS 676.350
OMB 17-2024, amend filed 10/10/2024, effective 10/10/2024
OMB 15-2022, adopt filed 07/12/2022, effective 07/12/2022

Division 17 OFFICE-BASED SURGERY

Or. Admin. R. 847-017-0000 Preamble

Licensees of the Oregon Medical Board providing office-based invasive procedures are accountable for the welfare and safety of their patients and responsible for ensuring that the performance of these procedures meets the standard of care.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.085, 677.097 & 677.265
OMB 33-2013, f. & cert. ef. 10-15-13
BME 23-2006, f. & cert. ef. 10-23-06

Or. Admin. R. 847-017-0003 Classification of Office-Based Surgery

Office-based surgeries are classified by complexity.

(1) Level I are minor surgical procedures performed without anesthesia or under topical, local, or minor conduction block anesthesia not involving drug-induced alteration of consciousness, other than minimal sedation utilizing preoperative oral anxiolytic medications.

(a) The licensee must pursue continuing medical education in the field for which the services are being provided and in the proper drug dosages, management of toxicity, and hypersensitivity to local anesthetic and other drugs.

(b) The licensee must maintain active American Heart Association Basic Life Support (BLS) certification or equivalent CPR course that includes a practical skills evaluation.

(2) Level II are minor or major surgical procedures performed under moderate sedation/analgesia, such as oral, parenteral, or intravenous sedation or under analgesic or dissociative drugs.

(a) In addition to the requirements in section (1) of this rule, the licensee must:

(A) Maintain board certification or board eligibility in a specialty recognized by the American Board of Medical Specialties (ABMS), the American Osteopathic Association’s Bureau of Osteopathic Specialists (AOA-BOS), the American Board of Podiatric Medicine (ABPM), the American Board of Foot and Ankle Surgery (ABFAS) or the National Commission on Certification of Physician Assistants (NCCPA), or

(B) Obtain fifty hours each year of accredited continuing medical education (CME) relevant to the Level II surgical procedures to be performed in the office-based facility. This requirement may not be satisfied with cultural competency CME or other CME that is only generally relevant to the licensee’s practice.

(b) The licensee must maintain active American Heart Association Advanced Cardiovascular Life Support (ACLS) certification or equivalent ACLS course that includes a practical skills evaluation. The licensee must be on site at all times when patients are under the effects of anesthetic.

(d) The patient must be appropriately monitored as defined in 847-017-0005.

(3) Level III are major surgical procedures that require deep sedation/analgesia, general anesthesia, or regional blocks, and require support of vital bodily functions.

(a) In addition to the requirements in section (1) of this rule, the licensee must:

(A) Have staff privileges to perform the same procedure in a hospital or ambulatory surgical center, or

(B) Maintain board certification or board eligibility in an appropriate specialty recognized by the ABMS, the AOA-BOS, the ABPM, the ABFAS or the NCCPA.

(d) The patient must be appropriately monitored as defined in 847-017-0005.

(e) The licensee performing the procedure may not administer anesthesia other than additional local anesthesia and may not be primarily responsible for monitoring anesthesia during the procedure.

(4) Procedures or treatments involving the injection of a medication or substance for cosmetic purposes are the practice of medicine and must be performed as an office-based surgical procedure.

(5) Lipoplasty involving the removal of 500 cc or less volume of supernatant fat may be performed as a Level I surgical procedure. Office-based lipoplasty involving more than 500 cc volume of supernatant fat, whether temporarily or permanently removed, or surgeries involving prone, semi-prone, or any positioning which would compromise the patient’s airway must be performed as a Level II or Level III surgical procedure.

(a) The performance of lipoplasty in an office-based setting may not result in the temporary or permanent removal of more than 5% of total body weight or 4500 cc or more volume of supernatant fat, whichever is less.

(b) The licensee may not use more than 55 mg/kg of Lidocaine or 70 mcg/kg of epinephrine for tumescent anesthesia. The concentration of epinephrine in tumescent solutions may not exceed 1.5 mg/L.

(6) The following may not be performed in an office-based surgical facility:

(a) Procedures that may result in blood loss of more than 4% of the estimated blood volume in a patient with a normal hemoglobin;

(b) Procedures requiring intracranial, intrathoracic, or abdominal cavity entry;

(d) Level II or Level III procedures on patients with an ASA Physical Status IV or higher.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.265
OMB 2-2025, amend filed 01/13/2025, effective 01/13/2025
OMB 15-2023, amend filed 10/09/2023, effective 10/09/2023
OMB 3-2018, amend filed 01/05/2018, effective 01/05/2018
OMB 7-2016, f. & cert. ef. 4-8-16
OMB 33-2013, f. & cert. ef. 10-15-13

Or. Admin. R. 847-017-0005 Definitions

For the purpose of these rules, the following terms are defined:

(1) “Ambulatory surgical center” has the meaning given in ORS 442.015. Nothing in OAR chapter 847, division 17 is meant to exempt a physician’s office from the licensure requirements in ORS 441.015 if the office meets the definition of an ambulatory surgical center in ORS 442.015. A physician’s office that meets the definition of an ambulatory surgical center must comply with OAR chapter 333, division 76.

(2) “ASA Physical Status” means the American Society of Anesthesiologists’ Physical Status Classification System, which is used to assess a patient’s preoperative health on a range of I to VI.

(3) “Board” means the Oregon Medical Board.

(4) “Certified in advanced resuscitative techniques” means that the individual is currently certified either with Advanced Cardiac Life Support (ACLS) for adults or Pediatric Advanced Life Support (PALS) or Advanced Pediatric Life Support (APLS) for children.

(5) “Deep sedation/analgesia” means the administration of a drug or drugs that produces depression of consciousness during which patients cannot be easily aroused and only respond purposefully following repeated or painful stimulation. The ability to independently maintain ventilatory function may be impaired. Patients may require assistance in maintaining a patent airway, and spontaneous ventilation may be inadequate.

(6) “Facility” has the same definition as “office.”

(7) “General anesthesia” means a drug-induced loss of consciousness during which patients are not able to be aroused, even by painful stimulation. The ability to independently maintain ventilatory function is often impaired. Patients often require assistance in maintaining a patent airway, and positive pressure ventilation may be required because of depressed spontaneous ventilation or drug-induced depression of neuromuscular function.

(8) “Health care personnel” means any person, licensed or unlicensed, who is directly related to the provision of health care services including, but not limited to, a physician associate, nurse practitioner, certified registered nurse anesthetist, registered nurse, licensed practical nurse or medical assistant.

(9) “Hospital” has the meaning given in ORS 442.015.

(10) “Licensee” means an individual holding a valid license issued by the Board.

(11) “Lipoplasty” means any instrumentation under the skin through incisions for the reduction of subcutaneous volume. This includes, but is not limited to, liposuction, laser lipolysis, suction assisted lipectomy and liposculpture.

(12) “Local anesthesia” means the administration of a drug or drugs that produces a transient and reversible loss of sensation in a circumscribed portion of the body.

(13) “Minimal sedation” (anxiolysis) means the administration of a drug or drugs that produces a state of consciousness that allows the patient to tolerate unpleasant medical procedures while responding normally to verbal commands. Cardiovascular or respiratory function is unaffected and defensive airway reflexes remain intact.

(14) “Minor conduction block” means the injection of local anesthesia to stop or prevent a painful sensation in a circumscribed area of the body (that is, infiltration or local nerve block), or the block of a nerve by direct pressure and refrigeration. Minor conduction blocks include but are not limited to, intercostal, retrobulbar, paravertebral, peribulbar, pudendal, and sciatic nerve and ankle blocks.

(15) “Moderate sedation/analgesia” means the administration of a drug or drugs that produces depression of consciousness during which patients respond purposefully to verbal commands, either alone or accompanied by a light tactile stimulation. Reflex withdrawal from painful stimulation is NOT considered a purposeful response. No interventions are required to maintain a patent airway, and spontaneous ventilation is adequate.

(16) "Monitor" means regular visual observation and continuous physiologic measurement of the patient as deemed appropriate by the level of sedation or recovery using appropriate instruments to measure, display, and record physiologic values, such as heart rate, blood pressure, respiration, oxygen saturation, and end tidal capnography.

(17) “Office” means a location, other than a hospital or ambulatory surgical center, at which medical or surgical services are rendered.

(18) “Office-based surgery” means the performance of any surgical or other invasive procedure requiring anesthesia, analgesia, or sedation, including cryosurgery, laser surgery and the use of lasers that penetrate the skin, which results in patient stay of less than 24 consecutive hours and is performed by a licensee in a location other than a hospital or ambulatory surgical center.

(19) “PARQ conference” means a Procedures, Alternatives, Risks and Questions conference, in which the licensee performing the procedure explains in general terms the procedure or treatment to be undertaken, any alternative procedures or methods of treatment, and any risks to the procedure or treatment and allows questions from the patient.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.085, ORS 677.097 & ORS 677.265
OMB 17-2024, amend filed 10/10/2024, effective 10/10/2024
OMB 3-2018, amend filed 01/05/2018, effective 01/05/2018
OMB 33-2013, f. & cert. ef. 10-15-13
BME 23-2006, f. & cert. ef. 10-23-06

Or. Admin. R. 847-017-0008 Standard of Practice

A licensee performing office-based surgery must have received appropriate training and education in the safe and effective performance of all surgical procedures performed in the office. Such training and education should include:

(1) Indications and contraindications for each procedure;

(2) Identification and selection of appropriate patients for each procedure;

(3) Identification of realistic and expected outcomes of each procedure;

(4) Selection, maintenance, and utilization of products and equipment;

(5) Appropriate technique for each procedure, including infection control and safety precautions;

(6) Pharmacological intervention specific to each procedure;

(7) Identification of complications and adverse reactions for each procedure;

(8) Standards in surgical medical care; and

(9) Emergency procedures to be used in the event of:

(a) Complications;

(b) Adverse reactions; or

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.265
OMB 33-2013, f. & cert. ef. 10-15-13

Or. Admin. R. 847-017-0010 Licensee Use of Office-Based Surgical Facilities

A licensee performing office-based surgery must ensure that the facility meets standards to ensure patient safety.

(1) Facilities where office-based surgeries are performed must comply with all federal and state laws and regulations that affect the practice.

(2) Facilities where Level II or Level III office-based surgeries are performed must be accredited by an appropriate, Board-recognized accreditation agency, including the QUAD A, the Accreditation Association of Ambulatory Health Care (AAAHC), the Joint Commission, the Accreditation Commission for Health Care, Inc. (ACHC), or any other accrediting agency that demonstrates to the satisfaction of the Board that it has:

(a) Standards pertaining to patient care, record keeping, equipment, personnel, facilities and other related matters that are in accordance with standards of care as determined by the Board,

(b) Processes that assure a fair and timely review and decision on any applications for accreditation or renewals,

(c) Processes that assure a fair and timely review and resolution of any complaints received concerning accredited facilities, and

(d) Resources sufficient to allow the accrediting agency to fulfill its duties in a timely manner.

(3) Licensees of the Board performing Level II or Level III office-based procedures in a new or existing facility, must ensure that facility is accredited within one year of the start date of the office-based procedures being performed. During the period of time the facility is in the accreditation process, the facility will make changes to come into compliance with the Administrative Rules in this Division.

(4) Facilities where Level II or Level III office-based surgeries are performed must provide health care personnel who have appropriate education, training and licensure for administration and monitoring of moderate sedation/analgesia, deep sedation/analgesia, general anesthesia or regional block.

(5) A licensee who holds a MD or DO degree as well as a DDS (Doctor of Dental Surgery) or DMD (Doctor of Dental Medicine) degree and is an active member of the Oregon Society of Oral Maxillofacial Surgeons (OSOMS) may perform maxillofacial procedures in a facility approved by the OSOMS and function under the administrative rules of the Oregon Board of Dentistry, OAR chapter 818, division 026. For all procedures that are not oral maxillofacial in nature, licensees with medical and dental licenses must follow rules laid out in OAR chapter 847, division 017.

History

Statutory/Other Authority: ORS 677.265 & ORS 679.255
Statutes/Other Implemented: ORS 677.060, ORS 677.265 & ORS 679.255
OMB 1-2025, amend filed 01/13/2025, effective 01/13/2025
OMB 15-2023, amend filed 10/09/2023, effective 10/09/2023
OMB 3-2018, amend filed 01/05/2018, effective 01/05/2018
OMB 33-2013, f. & cert. ef. 10-15-13
BME 10-2008, f. & cert. ef. 4-24-08
BME 14-2007, f. & cert. ef. 7-23-07
BME 23-2006, f. & cert. ef. 10-23-06

Or. Admin. R. 847-017-0015 Selection of Procedures and Patients

(1) The licensee who performs the office-based surgery or anesthetic is responsible for the safety of the patient.

(a) The licensee must evaluate and document the condition of the patient and the potential risks associated with the proposed treatment plan;

(b) The licensee administering anesthesia for a Level II or Level III procedure must evaluate and document the ASA Physical Status of the patient;

(c) The licensee must be satisfied that the procedure to be undertaken is within the scope of practice of the health care personnel, the capabilities of the facility and the condition of the patient; and

(d) The licensee must examine the patient immediately before the procedure to evaluate the risks of the procedure and the risks of anesthesia if applicable.

(2) Informed consent for the nature and objectives of the anesthesia planned and office-based surgery to be performed must be in writing and obtained from the patient before the office-based surgery is performed. Informed consent is only to be obtained after a PARQ conference and must be documented in the medical record. The informed consent must include a disclosure of the licensee’s specialty board certification through the ABMS, the AOA-BOS, the ABPM, the ABFAS or the NCCPA or lack thereof. The requirement for written informed consent is not necessary for minor Level I procedures limited to the skin and mucosa.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.085, ORS 677.097 & ORS 677.265
OMB 3-2018, amend filed 01/05/2018, effective 01/05/2018
OMB 7-2016, f. & cert. ef. 4-8-16
OMB 33-2013, f. & cert. ef. 10-15-13
BME 23-2006, f. & cert. ef. 10-23-06

Or. Admin. R. 847-017-0020 Patient Medical Records

(1) A legible, complete, comprehensive and accurate medical record must be maintained for each patient evaluated or treated. The record must include:

(a) Identity of the patient;

(b) History and physical, diagnosis and plan;

(d) Documentation of the PARQ conference;

(e) Disclosure of the licensee’s specialty board certification through the ABMS, the AOA-BOS, the ABPM, the ABFAS or the NCCPA or lack thereof;

(f) Appropriate preanesthesia evaluation;

(g) Narrative description of procedure;

(h) Intraoperative and postoperative monitoring;

(i) Pathology reports;

(j) Documentation of the outcome and the follow-up plan; and

(k) Provision for continuity of post-procedure care.

(2) If the office-based surgery is a Level II or Level III surgical procedure, the patient record must include a separate anesthetic record that contains documentation of anesthetic provider, ASA Physical Status, procedure, and technique employed. This must include the type of anesthesia used, drugs (type and dose) and fluids administered during the procedure, patient weight, level of consciousness, estimated blood loss, duration of procedure, and any complication or unusual events related to the procedure or anesthesia.

(3) The patient record must document if tissues and other specimens have been submitted for histopathologic diagnosis.

(4) The licensee must ensure that the facility has specific and current protocols in place for patient confidentiality and security of all patient data and information.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.085, ORS 677.097 & ORS 677.265
OMB 3-2018, amend filed 01/05/2018, effective 01/05/2018
OMB 7-2016, f. & cert. ef. 4-8-16
OMB 33-2013, f. & cert. ef. 10-15-13
BME 23-2006, f. & cert. ef. 10-23-06

Or. Admin. R. 847-017-0025 Discharge Evaluation

The licensee performing the procedure is responsible for the determination that the patient is safe to be discharged from the office after the procedure.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.085, 677.097 & 677.265
OMB 33-2013, f. & cert. ef. 10-15-13
BME 23-2006, f. & cert. ef. 10-23-06

Or. Admin. R. 847-017-0030 Emergency Care and Transfer Protocols

In facilities where Level II or Level III office-based surgeries are performed, the licensee must ensure that a written plan is in place for the provision of emergency medical care as well as the safe and timely transfer of patients to a nearby hospital should hospitalization be necessary.

(1) Age-appropriate emergency supplies, equipment, and medication should be provided in accordance with the scope of surgical and anesthesia services provided at the licensee’s office.

(2) All office personnel must be familiar with the documented plan for arranging emergency medical services and the safe and timely transfer of patients to a nearby hospital and must be able to take necessary actions. If cardiopulmonary resuscitation (CPR) is instituted, the plan must include immediate contact with emergency medical services.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.085, 677.097 & 677.265
OMB 33-2013, f. & cert. ef. 10-15-13
BME 23-2006, f. & cert. ef. 10-23-06

Or. Admin. R. 847-017-0035 Quality Assessment

(1) Office-based surgical practices must develop a system of quality assessment that effectively and efficiently strives for continuous quality improvement.

(2) Documentation of complications and adverse incident review must be available.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.085, 677.097 & 677.265
OMB 33-2013, f. & cert. ef. 10-15-13
BME 23-2006, f. & cert. ef. 10-23-06

Or. Admin. R. 847-017-0037 Reporting Requirement

(1) Licensees performing office-based surgery must report the following complications and adverse incidents to the Board within ten business days of the event if the complication occurred within 30 days of the procedure:

(a) Surgical related death;

(b) Emergency transfer of the surgical patient to the hospital;

(d) Unscheduled hospitalization related to the office-based surgery.

(2) Licensees performing or intending to perform office-based surgery must report any restriction, limitation, loss or denial of privileges in a hospital or accredited outpatient facility within ten business days of the restriction, limitation, loss or denial of privileges.

(3) The Board will review reports made under this rule to determine whether an investigation is necessary.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.415
OMB 33-2013, f. & cert. ef. 10-15-13

Or. Admin. R. 847-017-0040 Facility Administration and Equipment

The licensee must ensure that specific and current arrangements are in place for obtaining laboratory, radiological, pathological and other ancillary services as may be required to support the surgical and/or anesthetic procedures undertaken.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.085, 677.097 & 677.265
OMB 33-2013, f. & cert. ef. 10-15-13
BME 23-2006, f. & cert. ef. 10-23-06

Division 20 RULES FOR LICENSURE TO PRACTICE MEDICINE IN OREGON

Or. Admin. R. 847-020-0100 Definitions

For the purpose of OAR chapter 847, division 020, the following terms are defined:

(1) “Approved school of medicine” means a school offering a full-time resident program of study in medicine or osteopathic medicine leading to a degree of Doctor of Medicine or Doctor of Osteopathic Medicine, 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 the Committee on Accreditation of Canadian Medical Schools, or its successor agency, or has otherwise been determined by the Board to meet the association standards.

(2) “School of medicine” means approved schools of medicine (as defined above) and international medical and osteopathic schools.

(3) “Specialty board” means a certification board recognized by the American Board of Medical Specialties (ABMS) or the American Osteopathic Association’s Bureau of Osteopathic Specialties (AOA-BOS).

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.010 & ORS 677.265
OMB 2-2026, amend filed 01/09/2026, effective 01/09/2026
OMB 5-2018, amend filed 01/05/2018, effective 01/05/2018
OMB 9-2013, f. & cert. ef. 4-5-13
BME 6-2010, f. & cert. ef. 4-26-10
BME 9-2001, f. & cert. ef. 7-24-01

Or. Admin. R. 847-020-0110 Application for Licensure

(1) Any person who wishes to practice medicine in this state beyond the first post-graduate training year must apply for an Oregon license to practice medicine.

(2) When applying for licensure, the applicant must submit to the Board the completed application, fees, documents, letters, and any civil penalties or hearing costs that may be due.

(3) A person applying for licensure under these rules who has not completed the licensure process within a 6 month consecutive period must file a new application, documents, letters and pay a full filing fee as if filing for the first time.

(4) The applicant may be required to appear before the Board for a personal interview regarding information received during the processing of the application. Unless excused in advance, failure to appear before the Board for a personal interview violates ORS 677.190(17) and may subject the applicant to disciplinary action.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.100 & 677.190
OMB 10-2026, amend filed 07/02/2026, effective 07/02/2026
OMB 9-2024, amend filed 04/09/2024, effective 04/09/2024
OMB 4-2014, f. & cert. ef. 1-14-14
OMB 9-2013, f. & cert. ef. 4-5-13
BME 4-2007, f. & cert. ef. 1-24-07
BME 9-2001, f. & cert. ef. 7-24-01

Or. Admin. R. 847-020-0120 Basic Requirements for Licensure of an Approved Medical School Graduate

The following requirements for licensure must be met by graduates of an approved school of medicine:

(1) Must have graduated from an approved school of medicine as defined in OAR 847-020-0100 offering a full-time resident program of study in medicine or osteopathic medicine leading to a degree of Doctor of Medicine or Doctor of Osteopathic Medicine;

(2) Must satisfactorily complete an approved internship, residency or fellowship in the United States or Canada of at least one year in not more than one training program accredited for internship, residency or fellowship training by the Accreditation Council for Graduate Medical Education, the American Osteopathic Association, the College of Family Physicians of Canada, or the Royal College of Physicians and Surgeons of Canada;

(3) Must pass a written licensing examination as provided in ORS 677.110 and OAR 847-020-0170; and

(4) Must satisfactorily meet the requirements of ORS 677.100.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.100 & ORS 677.110
OMB 2-2026, amend filed 01/09/2026, effective 01/09/2026
OMB 5-2018, amend filed 01/05/2018, effective 01/05/2018
OMB 9-2013, f. & cert. ef. 4-5-13
BME 9-2001, f. & cert. ef. 7-24-01

Or. Admin. R. 847-020-0130 Basic Requirements for Licensure of an International Medical School Graduate

The following requirements must be met in lieu of graduation from an approved school of medicine in order to qualify under ORS 677.100:

(1) Must have graduated from an international school of medicine:

(a) The medical school must be chartered in the country in which it is located and must provide a resident course of professional instruction, be accredited by an accrediting organization acceptable to the Board, or be recognized by the appropriate civil authorities of the country in which the school is located as an acceptable education program. The Board may determine that the accreditation of an international medical school is not acceptable if the Board receives documentation that the medical school has had its authorization, accreditation, certification or approval denied or removed by any state, country or territorial jurisdiction or that its graduates were refused a license by any state, country or territorial jurisdiction on the grounds that the school failed or fails to meet reasonable standards for medical education facilities.

(b) The graduate must have attended at least four full terms of instruction of eight months each, with all courses having been completed by physical on-site attendance in the country in which the school is chartered. The requirement for four full terms of instruction of eight months each term may be waived for any applicant for licensure who has graduated from an international school of medicine, has substantially complied with the attendance requirements provided herein, and is certified by a specialty board.

(c) Any clinical clerkships obtained in a country other than that in which the school is chartered must be satisfactorily completed.

(d) If requested, the applicant must provide the Board with documentation to substantiate that the medical school from which the applicant graduated meets the requirements in subsection (1)(a) of this rule.

(2) Must have obtained certification by the Educational Commission for Foreign Medical Graduates. This requirement may be waived if:

(a) The accredited postgraduate training was completed in Canada; or

(b) The accredited postgraduate training was completed prior to the enforcement of the ECFMG certification; or

(d) The applicant has successfully completed a Fifth Pathway training program.

(3) Must have satisfactorily completed an approved internship, residency or clinical fellowship in the United States or Canada of at least three years of progressive training in not more than two specialties in training programs accredited for internship, residency or fellowship training by the Accreditation Council for Graduate Medical Education, the American Osteopathic Association, the College of Family Physicians of Canada or the Royal College of Physicians and Surgeons of Canada.

(a) The following may be used in lieu of the three years of postgraduate training:

(A) Current certification by a specialty board; or

(B) Successful completion of four years of practice in Oregon under a Limited License, Medical Faculty, in accordance with OAR 847-020-0140(1); or

(C) Successful completion of four years of practice in another United States jurisdiction under a license substantially similar to the Limited License, Medical Faculty.

(b) If the applicant is unable to satisfy the requirement in section (3) of this rule for postgraduate training, and the applicant has been granted a dispensation by a specialty board whereby the specialty board has granted credit for postgraduate training completed abroad toward fulfillment of the requirements for admission to a future specialty board’s certification examination, the Board may consider the dispensation as fulfilling that same portion of the Board’s requirement for postgraduate training.

(4) Must pass a written licensure examination as provided in ORS 677.110 and OAR 847-020-0170.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.100, 677.110 & 677.265
OMB 17-2023, minor correction filed 11/15/2023, effective 11/15/2023
OMB 14-2023, amend filed 10/09/2023, effective 10/09/2023
OMB 9-2013, f. & cert. ef. 4-5-13
BME 17-2010, f. & cert. ef. 10-25-10
BME 11-2010(Temp), f. & cert. ef. 7-26-10 thru 1-10-11
BME 6-2010, f. & cert. ef. 4-26-10
BME 4-2009, f. & cert. ef. 1-22-09
BME 20-2007, f. & cert. ef. 10-24-07
BME 10-2006, f. & cert. ef. 5-8-06
BME 4-2006(Temp), f. & cert. ef. 2-8-06 thru 7-7-06
BME 8-2005, f. & cert. ef. 7-20-05
BME 15-2004, f. & cert. ef. 7-13-04
BME 10-2004(Temp), f. & cert. ef. 4-22-04 thru 10-15-04
BME 8-2002, f. & cert. ef. 7-17-02
BME 9-2001, f. & cert. ef. 7-24-01

Or. Admin. R. 847-020-0135 Licensure for Distinguished Professors

(1) A physician who does not qualify for a medical license under the provisions of this chapter and who is offered by the dean of an approved medical school in this state a full-time professor of medicine position may apply for a license to practice medicine as a Distinguished Professor.

(2) A Distinguished Professor licensee may practice medicine only in conjunction with and pursuant to a full-time appointment as a professor of medicine. The license must be renewed annually. The license automatically expires if the full-time professor appointment ends or if the license is not renewed.

(3) To qualify for a license to practice medicine as a Distinguished Professor, an applicant must:

(a) Hold a degree of Doctor of Medicine, Doctor of Osteopathic Medicine, or the equivalent from an approved school of medicine as described in OAR 847-020-0120 or an international school of medicine as described in OAR 847-020-0130;

(b) Be appointed as a full-time professor at the Oregon Health and Science University or the Western University of Health Sciences College of Osteopathic Medicine of the Pacific-Northwest;

(d) Be in good standing, with no restrictions or limitations upon, actions taken against, or investigation or disciplinary action pending against his or her license in any jurisdiction where the applicant is or has been licensed;

(e) Maintain active membership in at least two medical specialty societies that restrict membership based on academic or specialty area; and

(f) Have published two or more medical papers in peer-reviewed journals.

(4) An applicant for a license to practice medicine as a Distinguished Professor must submit documentation as required by OAR 847-020-0150.

(5) In addition to the requirements in OAR 847-020-0160, an applicant for a license to practice medicine as a Distinguished Professor must ensure that the following documents are sent directly to the Board:

(a) Certification of active membership and documentation of the qualifications for membership sent directly from at least two medical specialty societies; and

(b) Letters attesting to the applicant’s distinguished status sent directly from:

(A) The dean of the school of medicine where the applicant has been appointed a full-time professor of medicine;

(B) The department chairpersons at the school of medicine who are directly involved in the applicant’s faculty assignments; and

(C) At least five of the applicant’s academic colleagues who work outside of this state and who are nationally or internationally recognized experts in the specialty area in which the applicant practices or are current or former deans of schools of medicine.

(6) A physician applying for a license to practice medicine as a Distinguished Professor who has not completed postgraduate training within the past 10 years or been certified or recertified by a specialty board within the past 10 years may be required to demonstrate clinical competency by:

(a) Completing at least 50 hours of Board-approved continuing medical education each year for the past three years; or

(b) Demonstrating ongoing participation in maintenance of certification with a specialty board as defined in 847-020-0100.

(7) The Board must ensure that at least two new licenses to practice medicine as a Distinguished Professor are available each year. However, the Board may not issue more than eight new licenses to practice medicine as a Distinguished Professor in a four-year period.

History

Statutory/Other Authority: ORS 677.265 & SB 684 (2015)
Statutes/Other Implemented: ORS 677.100, 677.132 & 677.265
OMB 12-2015, f. 12-4-15, cert. ef. 1-1-16

Or. Admin. R. 847-020-0140 Limited License, Medical Faculty Qualifications

(1) Any physician who does not qualify for a medical license under any of the provisions of this chapter and who is offered by the Dean of an approved medical school in this state a full-time faculty position may, after application to and approval by the Board, be granted a Limited License, Medical Faculty to engage in the practice of medicine only to the extent that such practice is incident to and a necessary part of the applicant's duties as approved by the Board in connection with such faculty position.

(2) To qualify for a Limited License, Medical Faculty an applicant must meet all the following requirements:

(a) Furnish documentary evidence satisfactory to the Board that the applicant is a United States citizen or is legally admitted to the United States.

(b) Furnish documentary evidence satisfactory to the Board that the applicant has been licensed to practice and has practiced medicine and surgery for not less than four years in another state or country whose requirements for licensure are satisfactory to the Board, or has been engaged in the practice of medicine in the United States for at least four years in approved hospitals, or has completed a combination of such licensed practice and training.

(c) The dean of the medical school must certify in writing to the Board that the applicant has been appointed to a full-time faculty position; that a position is available; and that because the applicant has unique expertise in a specific field of medicine, the medical school considers the applicant to be a valuable member of the faculty.

(d) The head of the department in which the applicant is to be appointed must certify in writing to the Board that the applicant will be under the direction of the head of the department and will not be permitted to practice medicine unless as a necessary part of the applicant's duties as approved by the Board in subsection (1)(a) of this rule.

(e) The applicant may be required to take and pass an examination by the Board.

(3) A Limited License, Medical Faculty is valid for one year after issuance and may be renewed as frequently as needed for a total period not to exceed four years. The four years must be consecutive.

(4) Having completed four years of practice under a Limited License, Medical Faculty and successfully passed one of the examinations or combination of examinations per OAR 847-020-0170, the applicant is eligible for licensure.

History

Statutory/Other Authority: ORS 677.132 & 677.265
Statutes/Other Implemented: ORS 677.100, 677.110, 677.132 & 677.265
OMB 23-2013, f. & cert. ef. 10-1-13
OMB 9-2013, f. & cert. ef. 4-5-13
BME 23-2008, f. & cert. ef. 10-31-08
BME 18-2008, f. & cert. ef. 7-21-08
BME 4-2007, f. & cert. ef. 1-24-07
BME 3-2006, f. & cert. ef. 2-8-06
BME 5-2002, f. & cert. ef. 4-23-02
BME 2-2002, f. & cert. ef. 1-28-02
BME 9-2001, f. & cert. ef. 7-24-01

Or. Admin. R. 847-020-0150 Documents and Forms to be Submitted for Licensure

The documents submitted must be legible and no larger than 8 1/2” x 11”. All documents and photographs will be retained by the Board as a permanent part of the application file. If original documents are larger than 8 1/2” x 11”, the copies must be reduced to the correct size with all wording and signatures clearly shown. Official translations are required for documents issued in a foreign language. The following documents are required:

(1) Application: Completed formal application provided by the Board. Required dates must include month, day and year.

(2) Birth Certificate: A copy of birth certificate.

(3) Medical School Diploma: A copy of a diploma showing graduation from an approved school of medicine or an international school of medicine.

(4) American Specialty Board Certificate or Recertification Certificate: A copy of the certificate issued by the American Specialty Board in the applicant's specialty, if applicable.

(5) Photograph: A close-up, color, passport quality photograph, front view, head and shoulders (not profile), with features distinct, taken within 90 days preceding the filing of the application.

(6) The results of a Practitioner Self-Query from the National Practitioner Data Bank, if requested by the Board.

(7) The results of a Physician Data Center Query from the Federation of State Medical Boards, if requested by the Board.

(8) Legible fingerprints as described in 847-008-0068 for the purpose of a criminal records background check.

(9) An open-book examination on the Medical Practice Act (ORS chapter 677) and Oregon Administrative Rules chapter 847. If an applicant fails the examination three times, the applicant must attend an informal meeting with a Board member, the Executive Director, a Board investigator and/or the Medical Director of the Board to discuss the applicant’s failure of the examination, before being given a fourth and final attempt to pass the examination. If the applicant does not pass the examination on the fourth attempt, the applicant may be denied licensure.

(10) Any other documentation or explanatory statements as required by the Board.

History

Statutory/Other Authority: ORS 181A.195, 677.100 & 677.265
Statutes/Other Implemented: ORS 181A.195, 677.100 & 677.265
OMB 14-2023, amend filed 10/09/2023, effective 10/09/2023
OMB 14-2016, f. & cert. ef. 10-7-16
OMB 34-2013, f. & cert. ef. 10-15-13
OMB 9-2013, f. & cert. ef. 4-5-13
BME 6-2010, f. & cert. ef. 4-26-10
BME 20-2007, f. & cert. ef. 10-24-07
BME 15-2007, f. & cert. ef. 7-23-07
BME 3-2006, f. & cert. ef. 2-8-06
BME 9-2001, f. & cert. ef. 7-24-01

Or. Admin. R. 847-020-0160 Letters and Official Verifications to be Submitted for Licensure

The applicant must ensure that official documents are sent to the Board directly from:

(1) The school of medicine:

(a) A Dean's Letter of Recommendation must include a statement concerning the applicant's moral and ethical character and overall performance as a medical student. If the school attests that a Dean’s Letter is unavailable or the Board determines that it is unacceptable, a copy of the transcripts may be acceptable.

(b) Verification of Medical Education form must include degree issued, date of degree, dates of attendance for each year, dates and reason for any leaves of absence or repeated years, and dates, name and location of school of medicine if a transfer student.

(2) The Fifth Pathway Hospital, if such applies: An evaluation of overall performance and specific beginning and ending dates of training.

(3) The Educational Commission for Foreign Medical Graduates: Verification of certification.

(4) The Director of Medical Education, Chairman or other official of the internship, residency and fellowship hospitals in the United States and other countries: An evaluation of overall performance, specialty and specific beginning and ending dates of training.

(5)(a) The Director or other official for practice and employment in hospitals, clinics, etc. in the United States and foreign countries: A currently dated original letter (a copy is not acceptable), sent directly from the hospital/clinic, must include a statement of good standing and specific beginning and ending dates of practice and employment, for the past five (5) years only.

(b) If the applicant has ceased practice for more than two years, employment verifications will be required for the past ten (10) years.

(c) If such verification is unavailable or incomplete, and for physicians who have been or are in solo practice without hospital privileges at the time of solo practice, provide three reference letters from physicians in the local medical community who are familiar with the applicant’s practice and who have known the applicant for more than six months.

(6) If requested by the Board, all health licensing boards in any jurisdiction where the applicant has ever been licensed; regardless of status, i.e., current, lapsed, never practiced there: Verification, sent directly from the boards, must show license number, date issued, examination grades if applicable and status.

(7) Official Examination Certifications: An official examination certification showing the examination score is required directly from the National Board of Medical Examiners, the National Board of Osteopathic Medical Examiners, the Medical Council of Canada, the Federation of State Medical Boards or the individual state administering the exam.

(8) Any other documentation as required by the Board, including but not limited to medical records and criminal or civil records.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.010, ORS 677.100 & ORS 677.265
OMB 14-2023, amend filed 10/09/2023, effective 10/09/2023
OMB 23-2022, amend filed 10/12/2022, effective 10/12/2022
OMB 5-2018, amend filed 01/05/2018, effective 01/05/2018
OMB 9-2013, f. & cert. ef. 4-5-13
BME 6-2010, f. & cert. ef. 4-26-10
BME 18-2008, f. & cert. ef. 7-21-08
BME 15-2007, f. & cert. ef. 7-23-07
BME 8-2005, f. & cert. ef. 7-20-05
BME 9-2001, f. & cert. ef. 7-24-01

Or. Admin. R. 847-020-0165 Application for Licensure by Military Spouse or Domestic Partner

(1) “Military spouse or domestic partner” means a spouse or domestic partner of an active member of the Armed Forces of the United States who is the subject of a military transfer to Oregon.

(2) To qualify for licensure under this rule, the military spouse or domestic partner must:

(a) Meet the qualifications for licensure as stated in OAR 847-020-0120, 847-020-0130, and 847-020-0170;

(b) Be married to, or in a domestic partnership with, a member of the Armed Forces of the United States who is assigned to a duty station located in Oregon by official active duty military order;

(e) Demonstrate competency by having at least one year of active practice or teaching of medicine during the three years immediately preceding the application.

(3) If a military spouse or domestic partner applies for a license to practice medicine, the Board may accept:

(a) A copy of the medical school diploma to fulfill the requirement for a Dean’s Letter of Recommendation and the Verification of Medical Education form; and

(b) Verification of licensure in good standing from the jurisdiction of current or most recent practice of medicine to fulfill the requirement of verifications of licensure from all jurisdictions of prior and current health related licensure.

(4) If a military spouse or domestic partner applies for a license to practice medicine, the Board will obtain the following on behalf of the applicant:

(a) The results of a query of the National Practitioner Data Bank; and

(b) The results of a query of the Federation of State Medical Boards’ Board Action Data Bank.

(5) In addition to the documents required in section (3) of this rule and by OAR 847-020-0150 and 847-020-0160, the military spouse or domestic partner must submit a copy of the:

(a) Marriage certificate or domestic partnership registration with the name of the applicant and the name of the active duty member of the Armed Forces of the United States; and

(b) Assignment to a duty station located in Oregon by official active duty military order for the spouse or domestic partner named in the marriage certificate or domestic partnership registration.

(6) A military spouse or domestic partner may obtain a temporary authorization for a license to practice medicine after satisfying sections (2) through (5) of this rule.

History

Statutory/Other Authority: ORS 677.265, Oregon Laws 2019, chapter 142 (HB 3030) & Oregon Laws 2019, chapter 626 (SB 688)
Statutes/Other Implemented: ORS 677.265, ORS 677.010, ORS 677.100, ORS 676.308, Oregon Laws 2019, chapter 142 (HB 3030) & Oregon Laws 2019, chapter 626 (SB 688)
OMB 3-2020, amend filed 01/16/2020, effective 01/16/2020
OMB 35-2013, f. & cert. ef. 10-15-13
OMB 21-2013(Temp), f. 8-2-13, cert. ef. 8-3-13 thru 1-30-14

Or. Admin. R. 847-020-0170 Examination for Licensure

(1) The applicant must have passed one of the following examinations or combinations of examinations:

(a) United States Medical Licensing Examination (USMLE) Steps 1, 2, and 3.

(b) National Board of Osteopathic Medical Examiners (NBOME) examination or the Comprehensive Osteopathic Medical Licensing Examination (COMLEX) or any combination of their parts.

(d) Federation Licensing Examination (FLEX) Components 1 and 2 or FLEX Days I, II, and III.

(e) National Board of Medical Examiners (NBME) Parts I, II, and III.

(f) State licensing examination administered by a state or territory of the United States, if approved by the Board.

(g)(A) NBME Part I or USMLE Step 1; and

(B) NBME Part II or USMLE Step 2; and

(h) FLEX Component 1 and USMLE Step 3.

(2) The score achieved on each Step, Part, Component or state examination must equal or exceed the figure established by the entity administering the examination as a passing score.

(3) All Steps, Parts or Components listed in subsections (1)(g)–(h) must be administered prior to January 2000, except for applicants who participated in and completed a combined MD/DO/PhD program.

(4) The applicant who bases an application on passing the USMLE or the NBOME examination or the COMLEX must have done so under the following conditions:

(a) All three Steps of USMLE, or all three Levels of the NBOME examination or COMLEX or any combination, must be passed within a seven-year period which begins when the first Step or Level, either Step 1 or Step 2 or Level 1 or Level 2, is passed. An applicant who has not passed all three Steps or Levels within the seven-year period may request an exception to the seven-year requirement if he/she:

(A) Has current certification by a specialty board as defined in 847-020-0100; or

(B) Suffered from a documented significant health condition which by its severity would necessarily cause a delay to the applicant’s medical study; or

(D) Completed continuous approved post-graduate training with the equivalent number of years to an MD/DO/PhD program; or

(E) Experienced other extenuating circumstances that do not indicate an inability to safely practice medicine as determined by the Board.

(b) The applicant must have passed USMLE Step 3 or NBOME’s COMLEX Level 3 within four attempts whether for Oregon or any other state. After the third failed attempt, the applicant must have completed one additional year of postgraduate training in the United States or Canada prior to readmission to the examination. The Board must approve the additional year of training to determine whether the applicant is eligible for licensure. The applicant, after completion of the required year of training, must have passed USMLE Step 3 or COMLEX Level 3 on their fourth and final attempt. An applicant who has passed USMLE Step 3 or COMLEX Level 3, but not within the four attempts as required, may request a waiver of this requirement if he/she has current certification by a specialty board as defined in 847-020-0100.

(5) The applicant who bases an application upon passing the FLEX examination must have done so under the following conditions:

(a) The FLEX examination must have been passed within seven years of the first attempt. The applicant who has taken the FLEX examination (Day I, II, and III) administered between June 1968 and December 1984 must have taken the entire examination at one sitting. The applicant who has taken the FLEX examination (Components 1 and 2), in June 1985 or after, was not required to take both Components 1 and 2 at one sitting.

(b) The applicant may not have taken the FLEX examination more than a total of four times, whether in Oregon or other states, whether the components were taken together or separately. After the third failed attempt, the applicant must have satisfactorily completed one year of approved training in the United States or Canada prior to having taken the entire FLEX examination at one sitting on the fourth and final attempt. An applicant who has passed the FLEX examination but not within the four attempts may request a waiver of this requirement if he/she has current certification by a specialty board as defined in 847-020-0100.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.110, ORS 677.120 & ORS 677.265
OMB 11-2025, amend filed 10/08/2025, effective 10/08/2025
OMB 5-2018, amend filed 01/05/2018, effective 01/05/2018
OMB 9-2013, f. & cert. ef. 4-5-13
OMB 24-2012, f. & cert. ef. 8-3-12
Reverted to BME 18-2008, f. & cert. ef. 7-21-08
BME 6-2009(Temp), f. & cert. ef. 4-9-09 thru 10-2-09
BME 18-2008, f. & cert. ef. 7-21-08
BME 20-2007, f. & cert. ef. 10-24-07
BME 10-2006, f. & cert. ef. 5-8-06
BME 4-2006(Temp), f. & cert. ef. 2-8-06 thru 7-7-06
BME 3-2006, f. & cert. ef. 2-8-06
BME 8-2005, f. & cert. ef. 7-20-05
BME 15-2004, f. & cert. ef. 7-13-04
BME 7-2004, f. & cert. ef. 4-22-04
BME 3-2004, f. & cert. ef. 1-27-04
BME 14-2003(Temp), f. & cert. ef. 9-9-03 thru 3-1-04
BME 10-2003, f. & cert. ef. 5-2-03
BME 5-2003, f. & cert. ef. 1-27-03
BME 9-2001, f. & cert. ef. 7-24-01

Or. Admin. R. 847-020-0182 SPEX or COMVEX Requirements

(1) If an applicant for licensure or reactivation has not completed postgraduate training within the past 10 years or been certified or recertified by a specialty board within the past 10 years, the applicant may be required to demonstrate clinical competency by passing the Special Purpose Examination (SPEX) or Comprehensive Osteopathic Medical Variable-Purpose Examination (COMVEX).

(2) The SPEX/COMVEX requirement may be waived if the applicant has done one or more of the following:

(a) Received a current appointment as Professor or Associate Professor at the Oregon Health and Science University or the Western University of Health Sciences College of Osteopathic Medicine of the Pacific;

(b) Completed at least 50 hours of Board-approved continuing medical education each year for the past three years; or

(c) Can demonstrate ongoing participation in maintenance of certification with a specialty board as defined in 847-020-0100.

(3) The applicant who fails the SPEX or COMVEX three times, whether in Oregon or other states, must successfully complete one year of an accredited residency or an accredited or Board-approved clinical fellowship before retaking the SPEX or COMVEX.

(4) The applicant may be granted a Limited License, SPEX/COMVEX according to 847-010-0064.

(5) All rules, regulations and statutory requirements pertaining to the medical school graduate remain in full effect.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.100, 677.132, 677.190 & 677.265
OMB 13-2014, f. & cert. ef. 10-8-14
OMB 9-2013, f. & cert. ef. 4-5-13
OMB 25-2012, f. & cert. ef. 8-3-12

Or. Admin. R. 847-020-0183 Re-Entry to Practice — SPEX or COMVEX Examination, Re-Entry Plan

If an applicant has ceased the practice of medicine for a period of 12 or more consecutive months immediately preceding the application for licensure or reactivation, the applicant may be required to demonstrate clinical competency.

(1) The applicant who has ceased the practice of medicine for a period of 12 or more consecutive months may be required to pass the Special Purpose Examination (SPEX) or Comprehensive Osteopathic Medical Variable-Purpose Examination (COMVEX). This requirement may be waived if the applicant has done one or more of the following:

(a) The applicant has received a current appointment as Professor or Associate Professor at the Oregon Health and Science University or the Western University of Health Sciences College of Osteopathic Medicine of the Pacific;

(b) The applicant can demonstrate ongoing participation in maintenance of certification with a specialty board as defined in 847-020-0100; or

(A) Completed one year of an accredited residency, or

(B) Completed one year of an accredited or Board-approved clinical fellowship, or

(D) Obtained continuing medical education to the Board’s satisfaction.

(2) The applicant who has ceased the practice of medicine for a period of 24 or more consecutive months may be required to complete a re-entry plan to the satisfaction of the Board. The re-entry plan must be reviewed and approved through a Consent Agreement for Re-entry to Practice prior to the applicant beginning the re-entry plan. Depending on the amount of time out-of-practice, the applicant may be required to do one or more of the following:

(a) Pass the SPEX/COMVEX examination;

(b) Practice for a specified period of time under a mentor/supervising physician who will provide periodic reports to the Board;

(c) Obtain certification or re-certification, or participate in maintenance of certification, with a specialty board as defined in 847-020-0100;

(d) Complete a re-entry program as determined appropriate by the Board;

(e) Complete one year of accredited postgraduate or clinical fellowship training, which must be pre-approved by the Board’s Medical Director;

(f) Complete at least 50 hours of Board-approved continuing medical education each year for the past three years.

(3) The applicant who fails the SPEX or COMVEX examination three times, whether in Oregon or other states, must successfully complete one year of an accredited residency or an accredited or Board-approved clinical fellowship before retaking the SPEX or COMVEX examination.

(4) The applicant may be granted a Limited License, SPEX/COMVEX according to 847-010-0064.

(5) All of the rules, regulations and statutory requirements pertaining to the medical school graduate remain in full effect.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.100, 677.190 & 677.265
OMB 10-2016, f. & cert. ef. 10-7-16
OMB 13-2014, f. & cert. ef. 10-8-14
OMB 11-2014, f. & cert. ef. 4-9-14
OMB 9-2013, f. & cert. ef. 4-5-13
OMB 25-2011, f. & cert. ef. 10-18-11
BME 6-2010, f. & cert. ef. 4-26-10
BME 4-2008, f. & cert. ef. 1-22-08
BME 20-2007, f. & cert. ef. 10-24-07

Or. Admin. R. 847-020-0185 License Application Withdrawals

(1) An applicant may withdraw an application for licensure prior to review by the Board’s Administrative Affairs Committee. The Board will not report the withdrawal to the Federation of State Medical Boards. The applicant may submit a new application for licensure at any time.

(2) An applicant may withdraw an application for licensure up to 30 days after the Board has voted to deny the application on the basis that the applicant is not eligible for licensure for reason(s) other than the applicant’s failure to demonstrate good moral character. The Board will not report the withdrawal to the Federation of State Medical Boards. The applicant may submit a new application for licensure at any time.

(3) An applicant may request to withdraw an application for licensure after review by the Administrative Affairs Committee. If the Board grants the request, the withdrawal will be reported to the Federation of State Medical Boards. The applicant may submit a new application for licensure no sooner than two years after the date of withdrawal.

(4) An applicant may request to withdraw an application for licensure after review by the Board’s Investigative Committee. If the Board grants the request, the applicant may withdraw their application only through issuance of a Stipulated Order of suspended judgment of license denial. The suspension of judgment is based on the applicant’s withdrawal of their application and agreement not to reapply for licensure for at least two years after issuance of the Stipulated Order. The order will be reported to the Federation of State Medical Boards and the National Practitioner Databank.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.220, ORS 677.265, ORS 677.100 & ORS 677.190
OMB 4-2024, amend filed 01/08/2024, effective 01/08/2024
OMB 13-2023, temporary amend filed 07/11/2023, effective 07/11/2023 through 01/06/2024
OMB 10-2017, amend filed 10/26/2017, effective 10/26/2017
OMB 34-2013, f. & cert. ef. 10-15-13
BME 11-2006, f. & cert. ef. 5-8-06

Or. Admin. R. 847-020-0190 Denial of Licensure

(1) An applicant may not be entitled to a license who:

(a) Has failed to pass a medical licensure examination for licensure in the State of Oregon;

(b) Has had a license revoked or suspended in this or any other state or country unless the said license has been restored or reinstated and the applicant's license is in good standing in the state or country which had revoked the same;

(c) Has been refused a license or certificate in any other state or country on any grounds other than failure in a medical licensure examination;

(d) Has been guilty of conduct similar to that which would be prohibited by or to which ORS 677.190 would apply; or

(e) Has been guilty of cheating or subverting the medical licensing examination process. Medical licensing examination means any examination given by the Board to an applicant for registration, certification or licensure under this act. Evidence of cheating or subverting includes, but is not limited to:

(A) Copying answers from another examinee or permitting one's answers to be copied by another examinee during the examination;

(B) Having in one's possession during the examination any books, notes, written or printed materials or data of any kind, other than examination materials distributed by board staff, which could facilitate the applicant in completing the examination;

(D) Removing from the examining room any examination materials;

(E) Photographing or otherwise reproducing examination materials.

(2) An applicant whose application has been denied may submit a new application for licensure as stated in the Board’s Order, but no sooner than two years after the date of denial.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.265, ORS 677.190, ORS 677.100 & ORS 677.220
OMB 4-2024, amend filed 01/08/2024, effective 01/08/2024
OMB 10-2017, amend filed 10/26/2017, effective 10/26/2017
OMB 9-2013, f. & cert. ef. 4-5-13
BME 11-2003, f. & cert. ef. 7-15-03
BME 9-2001, f. & cert. ef. 7-24-01

Or. Admin. R. 847-020-0200 Required School Subjects

Subjects covered in schools of medicine that grant degrees of Doctor of Medicine or Doctor of Osteopathic Medicine as set forth in ORS 677.110 are basic sciences, clinical sciences, clinical competence and/or other subjects that may be specified by the Board.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.110
OMB 5-2018, amend filed 01/05/2018, effective 01/05/2018
BME 9-2001, f. & cert. ef. 7-24-01

Division 25 RULES FOR LICENSURE TO PRACTICE MEDICINE ACROSS STATE LINES

Or. Admin. R. 847-025-0000 Preamble

(1) A telemedicine licensee is subject to all the provisions of the Medical Practice Act (ORS Chapter 677), and to all the administrative rules of the Oregon Medical Board.

(2) A telemedicine licensee has the same duties and responsibilities and is subject to the same penalties and sanctions as any other physician or physician associate licensed under ORS Chapter 677, including but not limited to the following:

(a) The telemedicine licensee must establish an appropriate provider-patient relationship;

(b) The telemedicine licensee must make a judgment based on some type of objective criteria upon which to diagnose, treat, correct, or prescribe;

(d) The telemedicine licensee must provide for an acceptable continuity of care for patients, including follow-up care, information, and documentation of care provided to the patient or suitably identified care providers of the patient.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.135, 677.137, 677.139 & 677.141
OMB 17-2024, amend filed 10/10/2024, effective 10/10/2024
OMB 20-2022, amend filed 10/12/2022, effective 10/12/2022
OMB 4-2022, amend filed 01/11/2022, effective 01/15/2022
BME 24-2008, f. & cert. ef. 10-31-08
BME 14-2008(Temp), f. & cert. ef. 7-15-08 thru 1-9-09
BME 10-2000, f. & cert. ef. 7-27-00

Or. Admin. R. 847-025-0010 Definitions

For the purpose of OAR chapter 847, division 025:

(1) “Applicant” means an out-of-state physician, physician assistant, or physician associate applying for a license to practice medicine across state lines.

(2) “Telemedicine licensee” means an out-of-state physician, physician assistant, or physician associate granted a license to practice medicine across state lines under ORS 677.135 through 677.141.

(3) “The practice of medicine across state lines” means:

(a) The rendering directly to a person of a written or otherwise documented medical opinion concerning the diagnosis or treatment of that person located within Oregon for the purpose of patient care by a physician, physician assistant, or physician associate located outside Oregon as a result of the transmission of individual patient data by telemedicine as defined in Oregon Laws 2022, chapter 45, section 14, from within Oregon to that physician, the physician’s agent, physician assistant, or physician associate outside Oregon; or

(b) The rendering of medical treatment directly to a person located within Oregon by a physician, physician assistant, or physician associate located outside Oregon as a result of the outward transmission of individual patient data by telemedicine as defined in Oregon Laws 2022, chapter 45, section 14, from within this state to that physician, the physician’s agent, a physician assistant, or physician associate outside the state.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.135, 677.137, 677.139, 677.141 & Oregon Laws 2022, chapter 45, section 14 (HB 4034)
OMB 17-2024, amend filed 10/10/2024, effective 10/10/2024
OMB 20-2022, amend filed 10/12/2022, effective 10/12/2022
OMB 4-2022, amend filed 01/11/2022, effective 01/15/2022
BME 10-2000, f. & cert. ef. 7-27-00

Or. Admin. R. 847-025-0020 Exemptions

(1) A license to practice across state lines is not required of a physician, physician assistant, or physician associate:

(a) Engaging in the practice of medicine across state lines in an emergency; or

(b) Located outside this state who consults with another physician or physician associate licensed to practice medicine in this state, and who does not undertake the primary responsibility for diagnosing or rendering treatment to a patient in Oregon;

(c) Located outside the state and who has an established provider-patient relationship with a patient who is in Oregon temporarily for the purpose of business, education, vacation, or work and who requires the direct medical treatment by that physician, physician assistant, or physician associate.

(d) Located outside the state and who has an established provider-patient relationship with a patient located in Oregon who requires temporary or intermittent follow-up care.

(2) A physician, physician assistant, or physician associate who is located outside this state and practices medicine as described in section (1) of this rule is subject to ORS chapter 677 and rules adopted pursuant to ORS chapter 677, including but not limited to the disciplinary authority of the Board, while or as a result of practicing medicine as described in section (1) of this rule.

History

Statutory/Other Authority: ORS 677.265 & 677.137
Statutes/Other Implemented: ORS 677.135, 677.137, 677.139 & 677.141
OMB 17-2024, amend filed 10/10/2024, effective 10/10/2024
OMB 6-2024, amend filed 01/08/2024, effective 01/08/2024
OMB 20-2022, amend filed 10/12/2022, effective 10/12/2022
OMB 4-2022, amend filed 01/11/2022, effective 01/15/2022
BME 10-2000, f. & cert. ef. 7-27-00

Or. Admin. R. 847-025-0030 Limitations

(1) A license for the practice of medicine across state lines does not permit a telemedicine licensee to practice medicine in the state of Oregon except when engaging in the practice of medicine across state lines.

(2) A license to practice medicine across state lines is not a limited license per ORS 677.132 or ORS 677.535.

(3) A telemedicine licensee must not:

(a) Act as a dispensing physician as described in ORS 677.010(5) or dispensing physician associate as described in ORS 677.511;

(b) Prescribe controlled substances for the management of chronic pain to a person located in Oregon;

(d) Employ a physician associate as defined in ORS 677.495 to treat a person located within Oregon;

(e) Assert a lien for services under ORS 87.555;

(f) Act as a supervising physician of an Oregon-certified First Responder or Emergency Medical Technician as defined in ORS 682.245;

(g) Be eligible for any tax credit provided by ORS 316.076;

(h) Participate in the Rural Health Services Program under 442.550 to 442.570; or

(i) Prescribe medication based only on a sale or form over the Internet, unless an appropriate provider-patient relationship is established and the standard of care described in ORS 677.095 and 677.265 is met.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.135, 677.137, 677.139 & 677.141
OMB 17-2024, amend filed 10/10/2024, effective 10/10/2024
OMB 20-2022, amend filed 10/12/2022, effective 10/12/2022
OMB 4-2022, amend filed 01/11/2022, effective 01/15/2022
BME 10-2000, f. & cert. ef. 7-27-00

Or. Admin. R. 847-025-0040 Qualifications

(1) To qualify for a license to practice medicine across state lines:

(a) An applicant must hold a full, unrestricted license to practice medicine in another state, must not have been the recipient of a previous disciplinary or other action by any other state or jurisdiction and must otherwise meet the standards of licensure under ORS chapter 677.

(b) An applicant who meets the qualifications for a license to practice medicine across state lines with the exception of being the recipient of previous disciplinary or other action by another state or jurisdiction may be issued a license for the practice of medicine across state lines if the Board finds that the previous disciplinary or other action does not indicate that the applicant is a potential threat to the public interest, health, welfare and safety of the citizens of the state of Oregon.

(2) An applicant does not qualify for a license to practice medicine across state lines if the applicant is the subject of a pending investigation by a state medical board or another state or federal agency.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.135, 677.137, 677.139 & 677.141
OMB 20-2022, amend filed 10/12/2022, effective 10/12/2022
OMB 4-2022, amend filed 01/11/2022, effective 01/15/2022
BME 10-2000, f. & cert. ef. 7-27-00

Or. Admin. R. 847-025-0050 Application

(1) When applying for a license to practice medicine across state lines, the applicant must submit to the Board:

(a) The completed application, fees, documents, letters, any civil penalties or hearing costs that may be due, and any other information required by the Board for physician licensure as stated in OAR 847, division 20 or physician associate licensure as stated in OAR 847, division 50; and

(b) A description of the applicant's intended practice of medicine across state lines in the state of Oregon.

(2) An applicant applying for a license to practice medicine across state lines is subject to the requirements in OAR 847-008-0010.

History

Statutory/Other Authority: ORS 677.265 & 677.139
Statutes/Other Implemented: ORS 677.100, 677.139 & 677.265
OMB 17-2024, amend filed 10/10/2024, effective 10/10/2024
OMB 9-2024, amend filed 04/09/2024, effective 04/09/2024
OMB 20-2022, amend filed 10/12/2022, effective 10/12/2022
OMB 4-2022, amend filed 01/11/2022, effective 01/15/2022
BME 5-2007, f. & cert. ef. 1-24-07
BME 2-2002, f. & cert. ef. 1-28-02
BME 10-2000, f. & cert. ef. 7-27-00

Or. Admin. R. 847-025-0060 Medical Records and Personal Appearance

A telemedicine licensee must:

(1) Comply with all applicable laws, rules, and regulations in this state governing the maintenance of patient medical records, including patient confidentiality requirements, regardless of the state where the medical records of any patient within this state are maintained; and

(2) Produce patient medical records or other materials as requested by the Board and appear before the Board following receipt of a written notice issued by the Board. Failure of the telemedicine licensee to appear or to produce records or materials as requested shall constitute grounds for disciplinary action per ORS 677.190.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.135, 677.137, 677.139 & 677.141
OMB 20-2022, amend filed 10/12/2022, effective 10/12/2022
OMB 4-2022, amend filed 01/11/2022, effective 01/15/2022
BME 10-2000, f. & cert. ef. 7-27-00

Division 26 RULES FOR LICENSE BY EXPEDITED ENDORSEMENT AND SERVICEMEMBERS CIVIL RELIEF ACT

Or. Admin. R. 847-026-0000 Qualifications for License by Endorsement

(1) The Oregon Medical Board may issue a license by endorsement to a physician who:

(a) Meets the requirements for licensure as stated in OAR 847-020-0120, 847-020-0130, 847-020-0170, 847-020-0182, and 847-020-0183;

(b) Has a current license to practice medicine in another state or territory of the United States or the District of Columbia;

(c) Has not had privileges at a hospital, clinic, or surgical center denied, reduced, restricted, suspended, revoked, terminated and has not been subject to staff disciplinary action or non-renewal of an employment contract for reasons in the Board’s judgment related to medical practice or unprofessional conduct, or been requested to voluntarily resign or had privileges suspended while under investigation;

(d) Is eligible for primary source verification of medical education, post-graduate training and examination scores through the state in which the applicant was originally licensed. The Board may use current certification by the American Board of Medical Specialties or the American Osteopathic Association’s Bureau of Osteopathic Specialists as a proxy for verification of medical education, post-graduate training and examination scores from the initial state of licensure;

(e) Is in good standing, with no restrictions or limitations upon, actions taken against, or investigation or disciplinary action pending against his/her license in any state, district, territory, or jurisdiction where applicant is or has been licensed;

(f) Has no significant malpractice claim patterns or patient care issues as determined by the Board;

(g) Has one (1) year of current, active, unrestricted, unlimited clinical practice in their medical specialty, if any, as an active, unrestricted, unlimited licensee of a state, district, territory, or jurisdiction in the United States or Canada in the year preceding the physician’s submission to the Board of an application to practice in Oregon, or if retired must have been retired for no more than one (1) calendar year preceding the physician’s submission to the Board of an application to practice in Oregon.

(A) Clinical patient practice will be documented by verification of staff privileges, or non-consulting medical employment.

(B) A year of accredited clinical fellowship in the applicant’s medical specialty as an active, unrestricted, unlimited licensee of a state, district, territory or jurisdiction in the United States or Canada qualifies as a year of clinical practice.

(2) A physician is not eligible for licensure by endorsement if the Board finds that the applicant has engaged in conduct prohibited by ORS 677.190.

(3) An applicant ineligible for licensure by endorsement may make a full and complete application per the requirements of OAR 847, division 020, or OAR 847, division 023.

History

Statutory/Other Authority: ORS 677.133 & 677.265
Statutes/Other Implemented: ORS 677.133 & 677.265
OMB 6-2026, amend filed 01/12/2026, effective 01/12/2026
OMB 8-2015, f. & cert. ef. 10-13-15
OMB 2-2015, f. & cert. ef. 1-13-15
BME 4-2010, f. & cert. ef. 1-26-10
BME 21-2009(Temp), f. & cert. ef. 10-23-09 thru 4-15-10

Or. Admin. R. 847-026-0005 Application

The applicant must submit a completed application to the board on a form furnished by the Board with the required non-refundable application fee. The applicant must attest that all questions have been answered completely and all answers and statements are true and correct. Any false information is grounds for denial, limitation, suspension or revocation of licensure.

History

Statutory/Other Authority: ORS 677.265 & HB 2435 (2009)
Statutes/Other Implemented: ORS 677.265 & HB 2435 (2009)
BME 4-2010, f. & cert. ef. 1-26-10
BME 21-2009(Temp), f. & cert. ef. 10-23-09 thru 4-15-10

Or. Admin. R. 847-026-0010 Documents, Letters, Certifications Obtained by the Board

The Board will obtain the following documents, letters, certifications if any and results of queries of national databases required for licensure on behalf of the applicant:

(1) Verification of certification by the American Board of Medical Specialties or the American Osteopathic Association’s Bureau of Osteopathic Specialists;

(2) Verification of re-certification by the American Board of Medical Specialties or the American Osteopathic Association’s Bureau of Osteopathic Specialists;

(3) The results of a query of the National Practitioner Data Bank; and

(4) The results of the query of the Federation of State Medical Boards’ Board Action Data Bank.

History

Statutory/Other Authority: ORS 677.265 & 677.115
Statutes/Other Implemented: ORS 677.265 & 677.115)
OMB 36-2013, f. & cert. ef. 10-15-13
BME 4-2010, f. & cert. ef. 1-26-10
BME 21-2009(Temp), f. & cert. ef. 10-23-09 thru 4-15-10

Or. Admin. R. 847-026-0015 Documents and Forms to be Submitted for Licensure

The documents submitted must be legible and no larger than 8 ½” x 11”. All documents and photographs will be retained by the Board as a permanent part of the application file. If original documents are larger than 8 ½” x 11”, the copies must be reduced to the correct size with all wording and signatures clearly shown. Official translations are required for documents issued in a foreign language.

(1) The following documents may be submitted by the applicant, the applicant’s initial state of licensure, or the Federation of State Medical Boards’ Federation Credentialing Verification Service Profile (FCVS):

(a) Birth Certificate: A copy of birth certificate.

(b) Medical School Diploma: A copy of a diploma showing graduation from an approved school of medicine or an international school of medicine.

(c) Internship, Residency and Fellowship Certificates: A copy of official internship, residency and fellowship certificates showing completion of all postgraduate training.

(2) The applicant must submit the following:

(a) Completed formal application provided by the Board.

(b) A close-up, color, passport-quality photograph, front view, head and shoulders (not profile), with features distinct, taken within 90 days preceding the filing of the application.

(c) An open-book examination on the Medical Practice Act (ORS chapter 677) and Oregon Administrative Rules chapter 847. If an applicant fails the examination three times, the applicant must attend an informal meeting with a Board member, the Executive Director, a Board investigator and/or the Medical Director of the Board to discuss the applicant’s failure of the examination before being given a fourth and final attempt to pass the examination. If the applicant does not pass the examination on the fourth attempt, the applicant may be denied licensure.

(d) Legible fingerprints as described in 847-008-0068 for the purpose of a criminal records background check.

(e) Any other documentation or explanatory statements as required by the Board.

History

Statutory/Other Authority: ORS 181A.195, 677.133 & 677.265
Statutes/Other Implemented: ORS 181A.195, 677.100, 677.133 & 677.265
OMB 14-2016, f. & cert. ef. 10-7-16
BME 4-2010, f. & cert. ef. 1-26-10
BME 21-2009(Temp), f. & cert. ef. 10-23-09 thru 4-15-10

Or. Admin. R. 847-026-0020 Letters and Official Grade Certifications to be Submitted for Licensure

The applicant must request official letters or verifications to be sent to the Board directly from the following:

(1) The Executive Secretary of the State Boards in the United States or Canada where the applicant has been currently or most recently practicing. The currently dated original verification of license (copy is not acceptable) shall show license number, date issued, grades if applicable and status.

(2) The National Board of Medical Examiners (NBME), the National Board of Osteopathic Medical Examiners (NBOME), the Medical Council of Canada (LMCC), or the Federation of State Medical Boards (FLEX, USMLE) must provide an official grade certification if not available from the initial state of licensure;

(3) The Director or other official for practice and employment in hospitals, clinics and surgical centers in the United States and Canada. A verification form or letter with original signature must be submitted from the practice sites where the applicant was physically practicing which shall include an evaluation of overall performance and specific beginning and ending dates of practice and employment from the past five (5) years. If such verification is unavailable or incomplete, provide three reference letters from physicians in the local medical community who are familiar with the applicant’s practice and who have known the applicant for more than six months.

History

Statutory/Other Authority: ORS 677.265 & ORS 677.133
Statutes/Other Implemented: ORS 677.265 & ORS 677.133
OMB 23-2022, amend filed 10/12/2022, effective 10/12/2022
BME 4-2010, f. & cert. ef. 1-26-10
BME 21-2009(Temp), f. & cert. ef. 10-23-09 thru 4-15-10

Or. Admin. R. 847-026-0500 Servicemember, Spouse or Domestic Partner Practice

(1) For the purposes of this rule, the following terms are defined:

(a) "Domestic partner" means a domestic partner of a servicemember.

(b) "Servicemember" means a member of the Army, Navy, Air Force, Marine Corps, Space Force, Coast Guard; the commissioned corps of the National Oceanic and Atmospheric Administration; and the commissioned corps of the Public Health Service who is the subject of a military transfer to Oregon.

(2) To qualify to practice medicine, podiatry, or acupuncture under this rule, a servicemember, spouse, or domestic partner must:

(a) Hold a license to practice medicine, podiatry, or acupuncture in good standing in another State;

(b) Have not had a license revoked or had discipline imposed by any State licensing authority;

(d) Have not voluntarily surrendered a license while under investigation for unprofessional conduct in any State.

(3) A servicemember, spouse, or domestic partner who meets the requirements in section (2) may apply to practice medicine, podiatry, and/or acupuncture in Oregon by submitting the following to the Oregon Medical Board:

(a) The Board’s application form in the manner prescribed by the Board and the applicable licensing and registration fees in OAR 847-005-0005;

(b) For a spouse or domestic partner a marriage certificate or satisfactory evidence of a domestic partnership, which includes the name of the applicant and the name of the servicemember;

(d) An affidavit affirming, under the penalty of law:

(A) The applicant is the person described and identified in the application;

(B) All statements made in the application are true, correct, and complete;

(D) The applicant meets and will comply with state laws governing the practice of medicine, podiatry, and/or acupuncture; and

(E) The applicant is in good standing in all States in which the applicant holds or has held a license;

(e) If requested by the Board, license verifications from all states or territories in which the applicant is currently or previously licensed to practice and evidence that the applicant is in good standing and not subject to any disciplinary action or pending investigations in that state or territory; and

(f) Legible fingerprints as described in OAR 847-008-0068 for the purpose of a criminal records background check.

(4) The Board will review and act on the information submitted in accordance with rules adopted by the Oregon Medical Board. In addition, for any application submitted under this rule, the Board may:

(a) Review and investigate the applicant to determine whether the applicant meets the requirements of the rules, including but not limited to confirming the veracity of submitted documentation or requesting additional documentation.

(b) Deny an application if the applicant fails to meet the minimum requirements for licensure or if the Board is unable to authenticate submitted documents.

(5) A person licensed under this rule to practice medicine, podiatry, or acupuncture must practice in accordance with ORS chapter 677 and any rules adopted by the Oregon Medical Board.

(6) The Board will monitor the National Practitioner Data Bank (NPDB) Continuous Query alert system for the duration of the license to ensure the licensee remains in good standing with any state or territory in which the licensee is currently licensed.

(7) A license issued under this rule may be renewed in accordance with OAR 847-008-0005 and subject to the Board’s continuing education requirements, including the requirements in OAR 847-008-0070, OAR 847-008-0075, and OAR 847-008-0077.

(8) A license issued under this rule is valid for the duration of the military orders and will expire based on the date of the military orders. A person licensed under this rule is responsible for providing the Board the military orders ending military service in Oregon.

(9) The Board may investigate and take disciplinary action as described in OAR chapter 676 and 677 against a person licensed under this rule for any reason that it may take disciplinary action against a licensee in ORS chapter 677 and OAR chapter 847.

(10) A person licensed under this rule desiring to continue practice in Oregon beyond the duration of the military orders, must apply as a new applicant by submitting the license application form and fee, meeting all current licensing requirements, and satisfactorily completing the application process.

History

Statutory/Other Authority: ORS 677.015, ORS 677.100, ORS 677.265, ORS 677.512 & ORS 677.759
Statutes/Other Implemented: 50 USC §4025a & ORS 677.133
OMB 6-2025, adopt filed 04/04/2025, effective 04/04/2025

Division 28 RULES FOR LICENSURE OF VOLUNTEER CAMP PHYSICIANS

Or. Admin. R. 847-028-0000 Preamble

A physician granted a license to volunteer medical services at a camp operated by a nonprofit organization:

(1) Is subject to all the provisions of the Medical Practice Act (ORS Chapter 677), and to all the administrative rules of the Oregon Medical Board.

(2) Has the same duties and responsibilities and is subject to the same penalties and sanctions as any other physician licensed under ORS Chapter 677.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.100, 677.110 & 677.120
BME 3-2002, f. & cert. ef. 1-28-02

Or. Admin. R. 847-028-0010 Qualifications

The Oregon Medical Board may issue a license for the voluntary provision of health care services at a camp operated by a nonprofit organization to a physician who has a current license to practice medicine in another state or territory of the United States or the District of Columbia, provided that:

(1) The physician practices medicine for no more than 14 days in a calendar year at a camp operated by a non-profit organization;

(2) Renders services within the scope of practice authorized by the physician’s license;

(3) Holds a current license that has not been suspended or revoked and is not under current disciplinary action (order) pursuant to disciplinary proceedings in any jurisdiction;

(4) Is not under internal review or discipline in any hospital, clinic, or health care facility; and

(5) Is not under disciplinary investigation by any medical licensing authority that issued the physician a state license to practice medicine.

(6) Must otherwise meet the standards of licensure under ORS 677.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.100, 677.110 & 677.120
BME 3-2002, f. & cert. ef. 1-28-02

Or. Admin. R. 847-028-0020 Limitations

(1) A license to volunteer medical services at a camp operated by a nonprofit organization does not permit a physician to practice medicine in the state of Oregon except when engaging in the provision of health care services at a camp operated by a non-profit organization.

(2) A license to volunteer medical services at a camp operated by a nonprofit organization is not a limited license per ORS 677.132.

(3) A physician issued a license to volunteer medical services at a camp operated by a nonprofit organization shall not:

(a) Act as a dispensing physician as described in ORS 677.010(5);

(b) Treat a person within this state for intractable pain, per ORS 677.470, 677.489;

(d) Act as a supervising physician of an Oregon-certified First Responder or Emergency Medical Technician as defined in ORS 682.245;

(e) Be eligible for any tax credit provided by ORS 316.076;

(f) Participate in the Rural Health Services Program under ORS 442.550 to 442.570; or

(g) Assert a lien for services under ORS 87.555.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.100, 677.110 & 677.120
OMB 17-2024, amend filed 10/10/2024, effective 10/10/2024
OMB 13-2022, amend filed 07/12/2022, effective 07/12/2022
BME 3-2002, f. & cert. ef. 1-28-02

Or. Admin. R. 847-028-0030 Application

(1) When applying for a license to volunteer medical services at a camp operated by a nonprofit organization, the physician shall submit to the Board the completed application, fees, documents, letters, and any other information required by the Board for physician (MD/DO) licensure as stated in OAR 847, division 020.

(2) A physician applying for a license to volunteer medical services at a camp operated by a nonprofit organization who has not completed the process within a 6 month consecutive period shall file a new application, documents, letters and pay a full filing fee as if filing for the first time.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.100 & 677.265
OMB 10-2026, amend filed 07/02/2026, effective 07/02/2026
BME 6-2007, f. & cert. ef. 1-24-07
BME 3-2002, f. & cert. ef. 1-28-02

Or. Admin. R. 847-028-0040 Medical Records and Personal Appearance

A physician granted a license to volunteer medical services at a camp operated by a nonprofit organization shall:

(2) Produce patient medical records or other materials as requested by the Board and appear before the Board following receipt of a written notice issued by the Board. Failure of the physician to appear or to produce records or materials as requested shall constitute grounds for disciplinary action per ORS 677.190.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.100, 677.110 & 677.120
BME 3-2002, f. & cert. ef. 1-28-02

Division 31 BOARD APPROVAL OF FOREIGN SCHOOLS OF MEDICINE

Or. Admin. R. 847-031-0010 Criteria for Approval of Foreign Schools of Medicine

A foreign school of medicine must meet the following criteria to be approved by the Oregon Medical Board.

(1) Objectives: A foreign school of medicine shall have a program designed to prepare graduates to enter and complete graduate medical education to qualify for licensure, and to provide competent medical care.

(2) Governance: A foreign school of medicine shall be chartered by the jurisdiction in which it operates.

(3) Administration:

(a) The administrative officers and members of the foreign school medicine faculty shall be appointed by, or under the authority of, the governing board of the foreign school of medicine or its parent university.

(b) The dean of the foreign school of medicine shall be qualified by education and experience to provide leadership in medical education and in the care of patients.

(c) The manner in which the foreign school of medicine is organized, including the responsibilities and privileges of administrative officers, faculty, students and committees shall be promulgated in medical school or university bylaws.

(d) If components of the program are conducted at sites geographically separated from the main campus, the foreign school of medicine shall be fully responsible for the conduct and quality of the educational program at these sites and for identification of the faculty there.

(4) Educational Program for the M.D./D.O. degree:

(a) Duration: The program in the art and science of medicine leading to the M.D./D.O. degree shall include at least 130 weeks of instruction preferably scheduled over a minimum of four calendar years.

(b) Design and Management: The program's faculty shall be responsible for the design, implementation, and evaluation of the curriculum.

(A) The program's faculty shall be responsible for devising a curriculum that permits the student to learn the fundamental principles of medicine, to acquire skills of critical judgment based on evidence and experience, and to develop an ability to use principles and skills wisely in solving problems of health and disease. In addition, the curriculum shall be designed so that students acquire an understanding of the scientific concepts underlying medicine.

(B) The curriculum shall include the contemporary content of those expanded disciplines that have been traditionally titled anatomy, biochemistry, physiology, microbiology and immunology, pathology, pharmacology and therapeutics, and preventive medicine. Instruction within the basic sciences shall include laboratory or other practical exercises which facilitate ability to make accurate quantitative observations of biomedical phenomena and critical analyses of data.

(C) The fundamental clinical subjects which shall be offered in the form of required patient-related clerkships are internal medicine, obstetrics and gynecology, pediatrics, psychiatry, and surgery. Under these disciplines or independently, students shall receive basic instruction in all organ systems. Instruction and experience in patient care shall be provided in both hospital and ambulatory settings and shall include the important aspects of acute, chronic, preventive and rehabilitative care.

(D) Each required clerkship shall allow the student to undertake a thorough study of a series of selected patients having the major and common types of disease problems represented in the primary and related disciplines of the clerkship.

(E) Supervision shall be provided throughout required clerkships by members of the school's faculty. The required clerkships shall be conducted in a teaching hospital or ambulatory care facility where residents in accredited programs of graduate medical education, under faculty guidance, may participate in teaching the students.

(d) Evaluation of Student Achievement:

(A) A committee of the faculty shall establish principles and methods for the evaluation of student achievement and make decisions regarding promotion and graduation.

(B) The faculty of each discipline shall set the standards of achievement by students in the study of the discipline. Narrative descriptions of student performance and of non-cognitive achievements shall be recorded to supplement grade reports.

(C) The chief academic officer and the directors of all courses and clerkships shall design and implement a system of evaluation of the work of each student during progression through each course or clerkship.

(5) Medical Students. Admissions:

(a) The faculty of each foreign school of medicine shall develop criteria and procedures for the selection of students which shall be published and available to potential applicants and to their collegiate advisors.

(b) The selection of students for the study of medicine shall be the responsibility of the foreign school of medicine faculty through a duly constituted committee.

(c) The number of students to be admitted shall be determined by the resources of the school and the number of qualified applicants. The clinical resources include finances, the size of the faculty, the variety of academic fields represented, the library, the number and size of classrooms and student laboratories and the adequacy of their equipment and office and laboratory space for the faculty. There shall be available a spectrum of clinical resources sufficiently under the control of the faculty to ensure breadth and quality of bedside and ambulatory clinical teaching.

(6) Resources for the Educational Program:

(a) General Facilities: A foreign school of medicine shall provide buildings and equipment that are quantitatively and qualitatively adequate to provide an environment conducive to teaching and learning. The facilities shall include faculty offices and research laboratories, student classrooms and laboratories, facilities for individual and group study, offices for administrative and support staff, and a library. Access to an auditorium sufficiently large to accommodate the student body is desirable.

(b) Faculty:

(A) Members of the faculty shall have evidence of clinical competence and commitment to teaching. Effective teaching requires understanding of pedagogy, knowledge of the discipline, and construction of a curriculum consistent with learning objectives, subject to internal and external formal evaluation. The Administration and the faculty shall have knowledge of methods for measurement of the student performance in accordance with the stated educational objectives and national norms.

(B) In each of the major disciplines basic to medicine and in the clinical sciences, a critical mass of faculty members shall be appointed who possess, in addition to a comprehensive knowledge of their major discipline, expertise in one or more subdivisions or specialties within each of their disciplines. In the clinical sciences, the number and kind of specialists appointed shall relate to the amount of patient care activities required to conduct meaningful clinical teaching at the undergraduate level, as well as for graduate and continuing medical education.

(C) There shall be clear policies for the appointment, renewal of appointment, promotion, granting of tenure and dismissal of members of the faculty. The appointment process shall involve the faculty, the appropriate departmental heads, and the dean. Each appointee shall receive a clear definition of the terms of appointment, responsibilities, line of communication, privileges and benefits.

(c) Library: The foreign school of medicine shall have a well-maintained and catalogued library, sufficient in size and breadth to support the educational programs offered by the institution. The library should receive the leading biomedical and clinical periodicals, the current numbers of which should be readily accessible. The library and any other learning resources shall be equipped to allow students to learn methods of retrieving information, as well as the use of self-instruction materials. A professional library staff shall supervise the library and provide instruction in its use.

(d) Clinical Teaching Facilities:

(A) The foreign school of medicine shall have adequate resources to provide clinical instruction to its medical students. Resources shall include ambulatory care facilities and hospitals where the full spectrum of medical care is provided and can be demonstrated. Each hospital shall either be accredited or otherwise demonstrate its capability to provide safe and effective care. The number of hospital beds required for education cannot be specified by formula, but the aggregation of clinical resources shall be sufficient to permit students in each of the major clerkships to work up and follow several new patients each week.

(B) The nature of the relationship of the foreign school of medicine to affiliated hospitals and other clinical resources is extremely important.

(C) There shall be written affiliation agreements that define the responsibilities of each party. The degree of the schools authority shall reflect the extent that the affiliated clinical facility participates in the educational programs of the school. Most critical are the clinical facilities where required clinical clerkships are conducted. In affiliated institutions, the school's department heads and senior clinical faculty members shall have authority consistent with their responsibility for the instruction of the students.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.110
BME 9-2001, f. & cert. ef. 7-24-01

Or. Admin. R. 847-031-0020 Protocol for Evaluation of Foreign Schools of Medicine

(1) Any foreign school of medicine desiring to be evaluated by the Oregon Board shall complete the medical evaluation form prepared by the Federation of State Medical Boards. This form may be submitted directly to the Oregon Board through the Federation.

(2) Any foreign school of medicine desiring to be evaluated by the Oregon Board shall post a bond of $20,000 in U.S. Funds with the Oregon Board to cover costs of this evaluation. The Board shall give an accounting of the expenditure of these funds at the conclusion of the evaluation and any excess funds shall be returned to the foreign school of medicine.

(3) The completed evaluation form will be reviewed by an evaluation panel appointed by the Board. This panel may consist of a member or members of the Board and as many non-Board members as the Board may deem necessary.

(4) As part of the evaluation, the panel may decide an on-site visit is necessary.

(5) Sixty days after submitting the initial report, the panel shall submit to the Board its final recommendations and any additional information provided by the school. The Board at its next meeting shall accept, reject or modify the recommendations.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.265
BME 5-2006, f. & cert. ef. 2-8-06
BME 9-2001, f. & cert. ef. 7-24-01

Or. Admin. R. 847-031-0030 Recertification

(1) Approval of a foreign school of medicine shall be valid for a maximum period of five years. If for any reason the Board determines that certification should be terminated the Board may, with reasonable cause, terminate approval at any time.

(2) Provisional approval may be granted for periods of time less than five years.

History

Statutory/Other Authority: ORS 183 & 677.265
Statutes/Other Implemented: ORS 677.265
BME 9-2001, f. & cert. ef. 7-24-01

Or. Admin. R. 847-031-0040 Approval of Foreign Schools of Medicine by Other States

The Oregon Medical Board may accept any foreign school of medicine which has been approved by another state using criteria substantially similar to Oregon's.

History

Statutory/Other Authority: ORS 183 & 677.265
Statutes/Other Implemented: ORS 677.265
BME 9-2001, f. & cert. ef. 7-24-01

Or. Admin. R. 847-031-0050 Approval of Foreign Schools of Medicine by Foreign Accrediting Agencies

The Oregon Medical Board may accept as approved, a foreign school of medicine which has been approved by an agency which utilizes criteria and processes similar to the U.S. Liaison Committee on Medical Education.

History

Statutory/Other Authority: ORS 183 & 677.265
Statutes/Other Implemented: ORS 677.265
BME 9-2001, f. & cert. ef. 7-24-01

Division 35 EMERGENCY MEDICAL SERVICES PROVIDERS AND SUPERVISING PHYSICIANS

Or. Admin. R. 847-035-0001 Definitions

(1) “Advanced Emergency Medical Technician (AEMT or Advanced EMT)” means a person who is licensed by the Authority as an Advanced Emergency Medical Technician (AEMT).

(2) “Agent” means a physician licensed under ORS 677.100 to 677.228, actively registered and in good standing with the Board, designated by the supervising physician to provide direction of the medical services of emergency medical services providers as specified in these rules.

(3) “Authority” means the Public Health Division, Emergency Medical Services and Trauma Systems of the Oregon Health Authority.

(4) “Board” means the Oregon Medical Board for the State of Oregon.

(5) “Committee” means the EMS Advisory Committee to the Oregon Medical Board.

(6) “Emergency Care” as defined in ORS 682.025(4) means the performance of acts or procedures under emergency conditions in the observation, care and counsel of persons who are ill or injured or who have disabilities; in the administration of care or medications as prescribed by a licensed physician, insofar as any of these acts is based upon knowledge and application of the principles of biological, physical and social science as required by a completed course utilizing an approved curriculum in prehospital emergency care. However, “emergency care” does not include acts of medical diagnosis or prescription of therapeutic or corrective measures.

(7) “Emergency Medical Responder” means a person who is licensed by the Authority as an Emergency Medical Responder.

(8) “Emergency Medical Technician (EMT)” means a person who is licensed by the Authority as an EMT.

(9) “Emergency Medical Technician-Intermediate (EMT-Intermediate)” means a person who is licensed by the Authority as an EMT-Intermediate.

(10) “In Good Standing” means a person who is currently licensed, who does not have any restrictions placed on his/her license, and who is not on probation with the licensing agency for any reason.

(11) "Nonemergency care" as defined in ORS 682.025(8) means the performance of acts or procedures on a patient who is not expected to die, become permanently disabled or suffer permanent harm within the next 24 hours, including but not limited to observation, care and counsel of a patient and the administration of medications prescribed by a physician licensed under ORS Chapter 677, insofar as any of these acts are based upon knowledge and application of the principles of biological, physical and social science and are performed in accordance with scope of practice rules adopted by the Oregon Medical Board in the course of providing prehospital care.

(12) “Paramedic” means a person who is licensed by the Authority as a Paramedic.

(13) “Scope of Practice” means the maximum level of emergency and nonemergency care that an emergency medical services provider may provide as defined in OAR 847-035-0030.

(14) “Standing Orders” means the written detailed procedures for medical or trauma emergencies and nonemergency care to be performed by an emergency medical services provider issued by the supervising physician commensurate with the scope of practice and level of licensure of the emergency medical services provider.

(15) “Supervising Physician” means a physician licensed under ORS 677.100 to 677.228, actively registered and in good standing with the Board, approved by the Authority, and who provides direction of, and is ultimately responsible for emergency and nonemergency care rendered by emergency medical services providers as specified in these rules. The supervising physician is also ultimately responsible for the agent designated by the supervising physician to provide direction of the medical services of the emergency medical services provider as specified in these rules.

History

Statutory/Other Authority: ORS 682.245
Statutes/Other Implemented: ORS 682.025 & ORS 682.245
OMB 16-2024, amend filed 10/09/2024, effective 10/09/2024
OMB 5-2018, amend filed 01/05/2018, effective 01/05/2018
OMB 30-2012, f. & cert. ef. 10-22-12
OMB 13-2011, f. & cert. ef. 7-13-11
OMB 1-2011, f. & cert. ef. 2-11-11
BME 18-2010, f. & cert. ef. 10-25-10
BME 10-2002, f. & cert. ef. 7-22-02
BME 13-1999, f. & cert. ef. 7-23-99
BME 6-1998, f. & cert. ef. 4-27-98
ME 3-1996, f. & cert. ef. 7-25-96
ME 1-1996, f. & cert. ef. 2-15-96
ME 6-1991, f. & cert. ef. 7-24-91
ME 15-1988, f. & cert. ef. 10-20-88
ME 11-1986, f. & cert. ef. 7-31-86
ME 7-1985, f. & cert. ef. 8-5-85
ME 2-1983, f. & cert. ef. 7-21-83

Or. Admin. R. 847-035-0011 EMS Advisory Committee

(1) There is created an EMS Advisory Committee, consisting of six members appointed by the Oregon Medical Board. The Board must appoint two physicians, three emergency medical services providers from nominations provided from EMS agencies, organizations, and individuals, and one public member.

(a) The two physician members must be actively practicing physicians licensed under ORS Chapter 677 who are supervising physicians, medical directors, or practicing emergency medicine physicians.

(b) The three EMS members must be Oregon licensed emergency medical services providers for at least two years and have been residents of the State of Oregon or reside within 50 miles of the border of the State of Oregon for at least two years. At least two of the three EMS members must be actively practicing prehospital care, and at least one of the three EMS members must be a Paramedic.

(c) The public member or the spouse, domestic partner, child, parent or sibling of the public member may not be employed as a health professional in this state.

(d) Two of the six committee members must practice in rural or frontier Oregon. To serve as one of the two representatives from rural or frontier Oregon, the public member must reside in rural or frontier Oregon.

(A) “Rural” means any geographic areas in Oregon ten or more miles from the centroid of a population center of 40,000 people or more.

(B) “Frontier” means any county with six or fewer people per square mile.

(2)(a) The term of office of a member of the committee is three years, and members may be reappointed to serve not more than two terms. A committee member disqualified during their term of office, may continue to serve until a successor is appointed and qualified.

(b) Vacancies in the committee must be filled by appointment by the Board for the balance of an unexpired term, and each member must serve until a successor is appointed and qualified.

(3) The committee elects its own chairperson with such powers and duties as fixed by the committee within the authority granted by the Board.

(4) The members of the advisory committee are entitled to compensation and expenses as provided for by contract with the Oregon Medical Board.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.265 & 682.245
OMB 8-2022, amend filed 04/07/2022, effective 04/07/2022
OMB 10-2013, f. & cert. ef. 4-5-13
OMB 30-2012, f. & cert. ef. 10-22-12
OMB 14-2012, f. & cert. ef. 4-17-12
BME 18-2009, f. & cert. ef. 10-23-09
BME 12-2001, f. & cert. ef. 10-30-01

Or. Admin. R. 847-035-0012 Duties of the Committee

(1) The EMS Advisory Committee must:

(a) Review requests for additions, amendments, or deletions to the scope of practice for emergency medical services providers, and recommend to the Board changes to the scope of practice.

(b) Recommend requirements and duties of supervising physicians of emergency medical services providers; and

(2) All actions of the EMS Advisory Committee are subject to review and approval by the Board.

History

Statutory/Other Authority: ORS 682.245
Statutes/Other Implemented: ORS 677.265 & 682.245
OMB 30-2012, f. & cert. ef. 10-22-12
BME 12-2001, f. & cert. ef. 10-30-01

Or. Admin. R. 847-035-0020 Application and Qualifications for a Supervising Physician and Agent

(1) The Board has delegated to the Authority the following:

(a) Designing and administering the supervising physician and agent application;

(b) Approving a supervising physician or agent, or determining that the supervising physician applicant does not meet the qualifications; and

(2) The Authority must provide copies of any supervising physician or agent applications and any emergency medical services provider disciplinary action reports to the Board upon request.

(3) The Authority must immediately notify the Board when questions arise regarding the qualifications or responsibilities of the supervising physician or agent of the supervising physician.

(4) A supervising physician and agent must meet the following qualifications:

(a) Be a physician licensed under ORS 677.100 to 677.228, with an Active or Emeritus license status, and in good standing with the Board;

(b) Possess thorough knowledge of skills assigned by standing order to emergency medical services providers;

(c) Possess thorough knowledge of laws and rules of the State of Oregon pertaining to emergency medical services providers; and

(d) Have completed or obtained one of the following within one calendar year after beginning the position as a supervising physician:

(A) Thirty-six months of experience as an EMS Medical Director;

(B) Completion of the one-day National Association of EMS Physicians (NAEMSP®) Foundations of Medical Oversight Course, or an equivalent course as approved by the Authority;

(C) Completion of the three-day National Association of EMS Physicians (NAEMSP®) National EMS Medical Directors Course and Practicum®, or an equivalent course as approved by the Authority;

(D) Completion of an ACGME-approved Fellowship in EMS; or

(E) Subspecialty board certification in EMS.

(5) A supervising physician must meet ongoing education standards by completing or obtaining one of the following every two calendar years:

(a) Attendance at one Oregon Health Authority EMS supervising physician’s forum;

(b) Completion of an average of four hours of EMS-related continuing medical education per year; or

History

Statutory/Other Authority: ORS 682.245
Statutes/Other Implemented: ORS 682.025 & ORS 682.245
OMB 7-2026, amend filed 04/03/2026, effective 04/03/2026
OMB 16-2024, amend filed 10/09/2024, effective 10/09/2024
OMB 5-2018, amend filed 01/05/2018, effective 01/05/2018
OMB 30-2012, f. & cert. ef. 10-22-12
OMB 6-2012, f. & cert. ef. 2-10-12
ME 1-1996, f. & cert. ef. 2-15-96
ME 6-1991, f. & cert. ef. 7-24-91
ME 7-1985, f. & ef. 8-5-85
ME 5-1985, f. & ef. 5-6-85
ME 2-1985(Temp), f. & ef. 1-21-85
ME 13-1984, f. & ef. 8-2-84

Or. Admin. R. 847-035-0025 Supervision

(1) A supervising physician is responsible for the following:

(a) Issuing, reviewing and maintaining standing orders within the scope of practice not to exceed the licensure level of the emergency medical services provider when applicable;

(b) Explaining the standing orders to the emergency medical services provider, making sure they are understood and not exceeded;

(c) Ascertaining that the emergency medical services provider is currently licensed and in good standing with the Division;

(d) Providing regular review of the emergency medical services provider’s practice by:

(A) Direct observation of prehospital emergency care performance by riding with the emergency medical service; and

(B) Indirect observation using one or more of the following:

(i) Prehospital emergency care report review;

(ii) Prehospital communications tapes review;

(iii) Immediate critiques following presentation of reports;

(iv) Demonstration of technical skills; and

(v) Post-care patient or receiving physician interviews using questionnaire or direct interview techniques.

(e) Providing or coordinating formal case reviews for emergency medical services providers by thoroughly discussing a case (whether one in which the emergency medical services provider has taken part or a textbook case) from the time the call was received until the patient was delivered to the hospital. The review should include discussing what the problem was, what actions were taken (right or wrong), what could have been done that was not, and what improvements could have been made; and

(f) Providing or coordinating continuing education. Although the supervising physician is not required to teach all sessions, the supervising physician is responsible for assuring that the sessions are taught by a qualified person.

(2) The supervising physician may delegate responsibility to his/her agent to provide any or all of the following:

(a) Explanation of the standing orders to the emergency medical services provider, making sure they are understood, and not exceeded;

(b) Assurance that the emergency medical services provider is currently licensed and in good standing with the Division;

(A) Direct observation of prehospital emergency care performance by riding with the emergency medical service; and

(B) Indirect observation using one or more of the following:

(i) Prehospital emergency care report review;

(ii) Prehospital communications tapes review;

(iii) Immediate critiques following presentation of reports;

(iv) Demonstration of technical skills; and

(v) Post-care patient or receiving physician interviews using questionnaire or direct interview techniques.

(d) Provide or coordinate continuing education. Although the supervising physician or agent is not required to teach all sessions, the supervising physician or agent is responsible for assuring that the sessions are taught by a qualified person.

(3) Nothing in this rule may limit the number of emergency medical services providers that may be supervised by a supervising physician so long as the supervising physician can meet with the emergency medical services providers under his/her direction for a minimum of two hours each calendar year.

(4) An emergency medical services provider may have more than one supervising physician as long as the emergency medical services provider has notified all of the supervising physicians involved, and the emergency medical services provider is functioning under one supervising physician at a time.

(5) The supervising physician must report in writing to the Authority’s Chief Investigator any action or behavior on the part of the emergency medical services provider that could be cause for disciplinary action under ORS 682.220 or 682.224.

History

Statutory/Other Authority: ORS 682.245
Statutes/Other Implemented: ORS 682.245
OMB 30-2012, f. & cert. ef. 10-22-12
OMB 13-2011, f. & cert. ef. 7-13-11
ME 1-1996, f. & cert. ef. 2-15-96
ME 6-1991, f. & cert. ef. 7-24-91
ME 13-1984, f. & ef. 8-2-84
ME 2-1983, f. & ef. 7-21-83

Or. Admin. R. 847-035-0030 Scope of Practice

(1) The Oregon Medical Board has established a scope of practice for emergency and nonemergency care for emergency medical services providers. Emergency medical services providers may provide emergency and nonemergency care in the course of providing prehospital care as an incident of the operation of ambulance and as incidents of other public or private safety duties, but is not limited to "emergency care" as defined in OAR 847-035-0001.

(2) The scope of practice for emergency medical services providers is the maximum functions which may be assigned to an emergency medical services provider by a Board-approved supervising physician. The scope of practice is not a set of statewide standing orders, protocols, or curriculum.

(3) Supervising physicians may not assign functions exceeding the scope of practice; however, they may limit the functions within the scope at their discretion.

(4) Standing orders for an individual emergency medical services provider may be requested by the Board or Authority and must be furnished upon request.

(5) An emergency medical services provider, including an Emergency Medical Responder, may not function without assigned standing orders issued by a Board-approved supervising physician.

(6) An emergency medical services provider, acting through standing orders, must respect the patient’s wishes including life-sustaining treatments. Physician-supervised emergency medical services providers must request and honor life-sustaining treatment orders executed pursuant to ORS 127.663 through 127.684 if available. A patient with life-sustaining treatment orders always requires respect, comfort and hygienic care.

(7) Whenever possible, medications should be prepared by the emergency medical services provider who will administer the medication to the patient.

(8) An Emergency Medical Responder may:

(a) Conduct primary and secondary patient examinations;

(b) Take and record vital signs;

(d) Open and maintain an airway by positioning the patient’s head;

(e) Provide external cardiopulmonary resuscitation and obstructed airway care for infants, children, and adults;

(f) Provide care for musculoskeletal injuries;

(g) Provide hemorrhage control;

(h) Provide emergency moves for endangered patients;

(i) Assist with prehospital childbirth;

(j) Complete a clear and accurate prehospital emergency care report form on all patient contacts and provide a copy of that report to the senior emergency medical services provider with the transporting ambulance;

(k) Administer medical oxygen;

(l) Maintain an open airway through the use of:

(A) A nasopharyngeal airway device;

(B) An oropharyngeal airway device;

(m) Operate a bag mask ventilation device with reservoir;

(n) Provide care for suspected medical emergencies, including administering liquid oral glucose for hypoglycemia;

(o) Prepare and administer aspirin by mouth for suspected myocardial infarction (MI) in patients with no known history of allergy to aspirin or recent gastrointestinal bleed;

(p) Prepare and administer epinephrine by automatic injection device or intranasal auto-injector in accordance with manufacturer’s recommendation for anaphylaxis;

(q) Administer and distribute short-acting opioid antagonist kit and distribute the necessary medical supplies to administer the short-acting opioid antagonist as provided in ORS 689.800;

(r) Perform cardiac defibrillation with an automated external defibrillator; and

(s) Perform other emergency tasks as requested if under the direct visual supervision of a physician and then only under the order of that physician.

(9) An Emergency Medical Technician (EMT) may:

(a) Perform all procedures that an Emergency Medical Responder may perform;

(b) Ventilate with a non-invasive manual or continuous positive pressure delivery device;

(c) Insert a supraglottic airway device to facilitate ventilation through the glottic opening by displacing tissue and sealing of the laryngeal area;

(d) Perform tracheobronchial tube suctioning;

(e) Provide care for suspected shock;

(f) Provide care for suspected medical emergencies, including:

(A) Obtain a capillary blood specimen for blood glucose monitoring;

(B) Prepare and administer epinephrine for anaphylaxis;

(D) Prepare and administer nebulized and metered dose albuterol or levalbuterol with or without ipratropium for known asthmatic and chronic obstructive pulmonary disease (COPD) patients suffering from suspected bronchospasm.

(g) Transport stable patients with saline locks, heparin locks, foley catheters, or in-dwelling vascular devices;

(h) Assist the on-scene Advanced EMT, EMT-Intermediate, or Paramedic by:

(A) Assembling and priming IV fluid administration sets; and

(B) Opening, assembling and uncapping preloaded single dose medication syringes and vials;

(i) Complete a clear and accurate prehospital emergency care report form on all patient contacts;

(j) Assist a patient with administration of sublingual nitroglycerine tablets or spray and with metered dose inhalers that have been previously prescribed by that patient’s personal physician and that are in the possession of the patient at the time the EMT is summoned to assist that patient;

(k) In the event of a release of organophosphate agents, the EMT who has completed Authority-approved training may prepare and administer atropine sulfate and pralidoxime chloride by autoinjector, using protocols approved by the Authority and adopted by the supervising physician;

(l) In the event of a declared Mass Casualty Incident (MCI) as defined in the local Mass Casualty Incident plan, monitor patients who have isotonic intravenous fluids flowing;

(m) Administer over-the-counter medications in unit dose packaging for immediate use under specific written protocols authorized by the supervising physician or direct orders from a licensed physician;

(n) Acquire and transmit cardiac monitoring and electrocardiogram (ECG);

(o) Prepare and administer immunizations in the event of an outbreak or epidemic as declared by the Governor of the state of Oregon, the State Public Health Officer or a county health officer, as part of an emergency immunization program, under the agency’s supervising physician’s standing order. Prior to vaccine administration, the EMT must be trained by the supervising physician or their designee. The EMT and the EMS agency or employer must maintain records of training;

(p) Prepare and administer immunizations for seasonal and pandemic influenza vaccinations according to the CDC Advisory Committee on Immunization Practices (ACIP), and/or the Oregon State Public Health Officer’s recommended immunization guidelines as directed by the agency’s supervising physician’s standing order. Prior to vaccine administration, the EMT must be trained by the supervising physician or their designee. The EMT and the EMS agency or employer must maintain records of training; and

(q) Perform nasopharyngeal swabs for the testing of infectious disease.

(10) An Advanced Emergency Medical Technician (AEMT) may:

(a) Perform all procedures that an EMT may perform;

(b) Initiate and maintain peripheral intravenous (I.V.) lines;

(d) Obtain peripheral venous blood specimens;

(e) Initiate and maintain an intraosseous infusion;

(f) Prepare and administer the following medications under specific written protocols authorized by the supervising physician or direct orders from a licensed physician:

(A) Analgesics for acute pain: nitrous oxide;

(B) Hypoglycemia reversal agents:

(i) Hypertonic dextrose;

(ii) Glucagon;

(D) Bronchodilators:

(i) Albuterol or levalbuterol;

(ii) Ipratropium bromide;

(E) Vasodilators for cardiac chest pain: Sublingual nitroglycerine; and

(F) Isotonic crystalloid solutions.

(g) Distribute medications at the direction of the Oregon State Public Health Officer as a component of a mass distribution effort. The AEMT must be trained by the supervising physician or their designee. The AEMT and the EMS agency or employer must maintain records of training; and

(h) Prepare and administer routine or emergency immunizations and tuberculosis skin testing, as part of an EMS Agency’s occupational health program, to the AEMT’s EMS agency personnel, under the supervising physician’s standing order. Prior to administration, the AEMT must be trained by the supervising physician or their designee. The AEMT and the EMS agency or employer must maintain records of training.

(11) An EMT-Intermediate may:

(a) Perform all procedures that an Advanced EMT may perform;

(b) Prepare and administer the following medications under specific written protocols authorized by the supervising physician, or direct orders from a licensed physician:

(A) Vasoactive medications for cardiac arrest:

(i) Epinephrine;

(ii) Vasopressin;

(B) Antiarrhythmics:

(i) Atropine sulfate;

(ii) Lidocaine;

(iii) Amiodarone;

(i) Morphine;

(ii) Ketorolac tromethamine;

(iii) Fentanyl;

(D) Antihistamine: Diphenhydramine;

(E) Diuretic: Furosemide;

(F) Anti-Emetic: Ondansetron;

(d) Maintain during transport any intravenous medication infusions or other procedures which were initiated in a medical facility, if clear and understandable written and verbal instructions for such maintenance have been provided by the physician, nurse practitioner or physician associate at the sending medical facility;

(e) Perform electrocardiographic rhythm interpretation;

(f) Perform cardiac defibrillation with a manual defibrillator; and

(g) Administer benzodiazepines for seizures or agitation. Prior to administration of benzodiazepines, the EMT-I must be trained by the supervising physician or their designee. The EMT-I and the EMS agency or employer must maintain records of training.

(12) A Paramedic may:

(a) Perform all procedures that an EMT-Intermediate may perform;

(b) Initiate and maintain mechanical ventilation during transport if formally trained on the particular equipment and if acting under written protocols specific to the particular equipment;

(A) Endotracheal intubation;

(B) Cricothyrotomy; and

(d) Initiate a nasogastric tube;

(e) Provide advanced life support in the resuscitation of patients in cardiac arrest;

(f) Perform emergency cardioversion in the compromised patient;

(g) Transcutaneous pacing of bradycardia that is causing hemodynamic compromise;

(h) Initiate needle thoracostomy for tension pneumothorax;

(i) Obtain peripheral arterial blood specimens under specific written protocols authorized by the supervising physician;

(j) Access indwelling catheters and implanted central IV ports for fluid and medication administration;

(k) Initiate and maintain urinary catheters under specific written protocols authorized by the supervising physician or under direct orders from a licensed physician;

(l) Prepare and initiate or administer any medications or blood products under specific written protocols authorized by the supervising physician or under direct orders from a licensed physician;

(m) Interpret electrocardiogram (ECG); and

(n) Finger thoracostomy for traumatic cardiac arrest due to suspected tension pneumothorax, under specific written protocols authorized by the supervising physician. The paramedic must be trained by the supervising physician or their designee. The paramedic and the EMS agency or employer must maintain records of training.

History

Statutory/Other Authority: ORS 682.245
Statutes/Other Implemented: ORS 682.245, ORS 127.663 & ORS 127.666
OMB 11-2026, amend filed 07/02/2026, effective 07/02/2026
OMB 8-2026, amend filed 04/03/2026, effective 04/03/2026
OMB 3-2026, amend filed 01/09/2026, effective 01/09/2026
OMB 5-2025, amend filed 04/04/2025, effective 04/04/2025
OMB 17-2024, amend filed 10/10/2024, effective 10/10/2024
OMB 12-2024, amend filed 07/15/2024, effective 07/15/2024
OMB 3-2024, amend filed 01/08/2024, effective 01/08/2024
OMB 12-2022, amend filed 07/12/2022, effective 07/12/2022
OMB 12-2021, amend filed 12/03/2021, effective 12/03/2021
OMB 4-2021, temporary amend filed 06/15/2021, effective 06/15/2021 through 12/11/2021
OMB 2-2021, amend filed 04/07/2021, effective 04/07/2021
OMB 12-2020, amend filed 10/05/2020, effective 10/05/2020
OMB 12-2018, amend filed 10/13/2018, effective 10/13/2018
OMB 8-2018, amend filed 04/06/2018, effective 04/06/2018
OMB 6-2017, f. & cert. ef. 7-14-17
OMB 2-2017, f. & cert. ef. 1-6-17
OMB 11-2015, f. & cert. ef. 10-13-15
OMB 5-2015, f. & cert. ef. 4-3-15
OMB 14-2014, f. & cert. ef. 10-8-14
OMB 11-2013, f. & cert. ef. 4-5-13
OMB 30-2012, f. & cert. ef. 10-22-12
OMB 15-2012, f. & cert. ef. 4-17-12
OMB 8-2011, f. & cert. ef. 4-25-11
OMB 5-2011, f. & cert. ef. 4-8-11
OMB 1-2011, f. & cert. ef. 2-11-11
BME 18-2010, f. & cert. ef. 10-25-10
BME 12-2010, f. & cert. ef. 7-26-10
BME 8-2010(Temp), f. & cert. ef. 4-26-10 thru 10-15-10
BME 5-2010, f. & cert. ef. 1-26-10
BME 22-2009(Temp), f. & cert. ef. 10-23-09 thru 4-15-10
BME 18-2009, f. & cert. ef. 10-23-09
BME 13-2009, f. & cert. ef. 7-20-09
BME 10-2009, f. & cert. ef. 5-1-09
BME 19-2008, f. & cert. ef. 7-21-08
BME 11-2008, f. & cert. ef. 4-24-08
BME 24-2007, f. & cert. ef. 10-24-07
BME 11-2007, f. & cert. ef. 4-26-07
BME 7-2007, f. & cert. ef. 1-24-07
BME 22-2006, f. & cert. ef. 10-23-06
BME 18-2006, f. & cert. ef. 7-25-06
BME 9-2005, f. & cert. ef. 7-20-05
BME 5-2005, f. & cert. ef. 4-21-05
BME 2-2005, f. & cert. ef. 1-27-05
BME 21-2004(Temp), f. & cert. ef. 11-15-04 thru 4-15-05
BME 12-2004(Temp), f. & cert. ef. 6-11-04 thru 12-8-04
BME 11-2004(Temp), f. & cert. ef. 4-22-04 thru 10-15-04
BME 4-2004, f. & cert. ef. 1-27-04
BME 12-2003, f. & cert. ef. 7-15-03
BME 1-2003, f. & cert. ef. 1-27-03
BME 10-2002, f. & cert. ef. 7-22-02
BME 9-2002, f. & cert. ef. 7-17-02
BME 11-2001, f. & cert. ef. 10-30-01
BME 14-2000, f. & cert. ef. 10-30-00
BME 13-1999, f. & cert. ef. 7-23-99
BME 16-1998, f. & cert. ef. 11-24-98
BME 14-1998, f. & cert. ef. 10-26-98
BME 13-1998(Temp), f. & cert. ef. 8-6-98 thru 2-2-99
BME 6-1998, f. & cert. ef. 4-27-98
ME 3-1996, f. & cert. ef. 7-25-96
ME 1-1996, f. & cert. ef. 2-15-96
ME 3-1995, f. & cert. ef. 2-1-95
ME 10-1993, f. & cert. ef. 7-27-93
ME 6-1991, f. & cert. ef. 7-24-91
ME 15-1989, f. & cert. ef. 9-5-89
ME 2-1989, f. & cert. ef. 1-25-89
ME 15-1988, f. & cert. ef. 10-20-88
ME 12-1988, f. & cert. ef. 8-5-88
ME 5-1988, f. & cert. ef. 1-29-88
ME 27-1987(Temp), f. & cert. ef. 11-5-87
ME 12-1987, f. & cert. ef. 4-28-87
ME 7-1985, f. & cert. ef. 8-5-85
ME 12-1984, f. & cert. ef. 8-2-84
ME 3-1984, f. & cert. ef. 1-20-84
ME 2-1983, f. & cert. ef. 7-21-83

Or. Admin. R. 847-035-0032 Emergency Medical Services Providers in the Event of an Emergency

In the event of an emergency declared by the Governor of Oregon, emergency medical services providers may assist in patient care as directed by the supervising physician’s standing orders and within the protocols established by the State of Oregon EMS Medical Director, or a designee of the State of Oregon EMS Medical Director during the period of the declared emergency, subject to such limitations and conditions as the Governor or Oregon Medical Board may prescribe.

History

Statutory/Other Authority: ORS 682.245
Statutes/Other Implemented: ORS 682.245
OMB 10-2020, adopt filed 09/09/2020, effective 09/09/2020
OMB 5-2020, temporary adopt filed 03/31/2020, effective 04/01/2020 through 09/27/2020

Division 50 PHYSICIAN ASSOCIATE

Or. Admin. R. 847-050-0010 Definitions

As used in OAR 847-050-0010 to 847-050-0082:

(1) "Board" means the Oregon Medical Board for the State of Oregon.

(2) “Collaboration” has the meaning given in ORS 677.495, as indicated by the patient’s condition, community standards of care and a physician associate’s education, training and experience:

(a) Consultation between the physician associate and a physician; or

(b) Referral by the physician associate to a physician.

(3) “Collaboration agreement” has the meaning given in ORS 677.495, a written agreement that describes the manner in which the physician associate collaborates with physicians, that does not assign supervisory responsibility to, or represent acceptance of legal responsibility by, a physician for the care provided by the physician associate and that is signed by the physician associate and the physician or physician associate’s employer.

(4) “Community standards of care” has the meaning given in ORS 677.095, which is that degree of care, skill, and diligence that is used by ordinarily careful licensees in the same or similar circumstances in the licensee’s community or a similar community.

(5) “Employer” has the meaning given in ORS 677.495:

(a) An entity that employs a physician or podiatric physician and is organized to deliver health care services in this state:

(A) In accordance with ORS 58.375 or 58.376,

(B) In accordance with ORS chapter 63 as a limited liability company, or

(b) A group medical practice that is part of a health system; or

(6) “Physician” means a physician licensed under ORS 677.100 to 677.228 and includes a podiatric physician licensed under ORS 677.805 to 677.840.

(7) "Physician associate" has the meaning given in ORS 677.495, a person who is licensed as such in accordance with ORS 677.265 and 677.495 through 677.535.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.495, 677.510, 677.511, 677.512 & 677.515
OMB 17-2024, amend filed 10/10/2024, effective 10/10/2024
OMB 7-2024, amend filed 01/08/2024, effective 01/08/2024
OMB 16-2022, amend filed 07/12/2022, effective 07/15/2022
OMB 2-2018, amend filed 01/05/2018, effective 01/05/2018
OMB 9-2016, f. 7-8-16, cert. ef. 9-1-16
OMB 7-2012, f. & cert. ef. 2-10-12
OMB 32-2011(Temp), f. 12-15-11, cert. ef. 1-1-12 thru 6-29-12
Temporary Suspended by OBDD 28-2011(Temp), f. & cert. ef. 10-26-11 thru 4-10-12
OMB 21-2011(Temp), f. & cert. ef. 10-13-11 thru 4-10-12
BME 19-2010, f. & cert. ef. 10-25-10
BME 12-2006, f. & cert. ef. 5-8-06
BME 13-2003, f. & cert. ef. 7-15-03
BME 4-2002, f. & cert. ef. 4-23-02
ME 10-1992, f. & cert. ef. 7-17-92
ME 2-1990, f. & cert. ef. 1-29-90
ME 2-1982, f. & ef. 1-28-82
ME 4-1981(Temp), f. & ef. 10-20-81
ME 7-1980, f. & ef. 11-3-80
ME 4-1980(Temp), f. 8-5-80, ef. 8-6-80
ME 5-1979, f. & ef. 11-30-79
ME 1-1979, f. & ef. 1-29-79
ME 25, f. 1-20-72, ef. 2-1-72
ME 23(Temp), f. & ef. 10-12-71

Or. Admin. R. 847-050-0015 Application

(1) Each application for the licensure of a physician associate must meet the licensing requirements as set forth in ORS 677.512.

(2) When applying for licensure, the applicant must submit to the Board the completed application, fees, documents, letters, and any civil penalties or hearing costs that may be due.

(3) No applicant is entitled to licensure who:

(a) Has failed an examination for licensure in the State of Oregon;

(b) Has had a license or certificate revoked or suspended in this or any other state unless the said license or certificate has been restored or reinstated and the applicant's license or certificate is in good standing in the state which had revoked the same;

(c) Has been refused a license or certificate in any other state on any grounds other than failure in a medical licensure examination; or

(d) Has been guilty of conduct similar to that which would be prohibited by or to which ORS 677.190 would apply.

(4) A person applying for licensure under these rules who has not completed the licensure process within a 6 month consecutive period from date of receipt of the application must file a new application, documents, letters and pay a full filing fee as if filing for the first time.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.265 & 677.512
OMB 10-2026, amend filed 07/02/2026, effective 07/02/2026
OMB 17-2024, amend filed 10/10/2024, effective 10/10/2024
OMB 9-2024, amend filed 04/09/2024, effective 04/09/2024
OMB 7-2012, f. & cert. ef. 2-10-12
OMB 32-2011(Temp), f. 12-15-11, cert. ef. 1-1-12 thru 6-29-12
Temporary Suspended by OBDD 28-2011(Temp), f. & cert. ef. 10-26-11 thru 4-10-12
OMB 21-2011(Temp), f. & cert. ef. 10-13-11 thru 4-10-12
BME 19-2010, f. & cert. ef. 10-25-10
BME 13-2010(Temp), f. & cert. ef. 7-26-10 thru 1-10-11
BME 4-2002, f. & cert. ef. 4-23-02
ME 10-1992, f. & cert. ef. 7-17-92
ME 2-1990, f. & cert. ef. 1-29-90
ME 2-1982, f. & ef. 1-28-82
ME 4-1981(Temp), f. & ef. 10-20-81
ME 7-1980, f. & ef. 11-3-80
ME 4-1980(Temp), f. 8-5-80, ef. 8-6-80
ME 5-1979, f. & ef. 11-30-79
ME 1-1979, f. & ef. 1-29-79
ME 25, f. 1-20-72, ef. 2-1-72
ME 23(Temp), f. & ef. 10-12-71

Or. Admin. R. 847-050-0020 Qualifications

On or after January 25, 2008, an applicant for licensure as a physician associate in this state must possess the following qualifications:

(1) Have successfully completed a physician assistant or physician associate education program which is approved by the American Medical Association Committee on Allied Health Education and Accreditation (CAHEA), the Commission on Accreditation for Allied Health Education Programs (C.A.A.H.E.P.), or the Accreditation Review Commission on Education for the Physician Assistant (ARCPA).

(2) Have passed the Physician Assistant National Certifying Examination (PANCE) given by the National Commission on Certification of Physician Assistants (NCCPA).

(a) The applicant may take the PANCE once in a 90-day period or three times per calendar year, whichever is fewer.

(A) The applicant has no more than four attempts in six years to pass the PANCE. If the applicant does not pass the PANCE within four attempts, the applicant is not eligible for licensure.

(B) An applicant who has passed the NCCPA certification exam, but not within the four attempts required by this rule, may request a waiver of this requirement if he/she has current certification by the NCCPA.

(b) Those who have met the requirements of section (1) of this rule may make application for a Limited License, Pending Examination before passing the PANCE examination with the stipulation that if the examination is not passed within one year from the date of application, the Board withdraws its approval.

(3) Applicants seeking prescription privileges must meet the requirements specified in OAR 847-050-0041.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.265 & 677.512
OMB 17-2024, amend filed 10/10/2024, effective 10/10/2024
OMB 5-2014, f. & cert. ef. 1-14-14
OMB 7-2012, f. & cert. ef. 2-10-12
OMB 32-2011(Temp), f. 12-15-11, cert. ef. 1-1-12 thru 6-29-12
Temporary Suspended by OBDD 28-2011(Temp), f. & cert. ef. 10-26-11 thru 4-10-12
OMB 21-2011(Temp), f. & cert. ef. 10-13-11 thru 4-10-12
BME 14-2010, f. & cert. ef. 7-26-10
BME 10-2010(Temp), f. & cert. ef. 4-26-10 thru 10-15-10
BME 6-2008, f. & cert. ef. 1-22-08
BME 6-2003, f. & cert. ef. 1-27-03
BME 1-2001, f. & cert. ef. 1-25-01
BME 2-2000, f. & cert. ef. 2-7-00
BME 1-1998, f. & cert. ef. 1-30-98
ME 17-1994, f. & cert. ef. 10-25-94
ME 5-1993, f. & cert. ef. 4-22-93
ME 10-1992, f. & cert. ef. 7-17-92
ME 2-1990, f. & cert. ef. 1-29-90
ME 5-1986, f. & ef. 4-23-86
ME 10-1984, f. & ef. 7-20-84
ME 2-1982, f. & ef. 1-28-82
ME 4-1981(Temp), f. & ef. 10-20-81
ME 7-1980, f. & ef. 11-3-80
ME 4-1980(Temp), f. 8-5-80, ef. 8-6-80
ME 5-1979, f. & ef. 11-30-79
ME 1-1979, f. & ef. 1-29-79
ME 25, f. 1-20-72, ef. 2-1-72
ME 23(Temp), f. & ef. 10-12-71

Or. Admin. R. 847-050-0021 Documents to be Submitted for Licensure

The documents submitted must be legible and no larger than 8 ½” x 11”. All documents and photographs will be retained by the Board as a permanent part of the application file. If original documents are larger than 8 ½″ x 11″, the copies must be reduced to the correct size with all wording and signatures clearly shown. Official translations are required for documents issued in a foreign language. The following documents are required:

(1) Application: Completed formal application provided by the Board. Required dates must include month, day, and year.

(2) Birth Certificate: A copy of birth certificate and a copy of Change of Name documentation, Marriage Certificate, or Divorce Decree if the applicant’s name has been changed by court order, adoption, marriage, divorce, etc.

(3) Photograph: A close-up, passport-quality photograph, front view, head and shoulders (not profile), with features distinct, taken within 90 days preceding the filing of the application.

(4) Legible fingerprints as described in OAR 847-008-0068 for the purpose of a criminal records background check.

(5) The results of a Practitioner Self-Query from the National Practitioner Data Bank.

(6) The results of a Physician Data Center Query from the Federation of State Medical Boards.

(7) The applicant must ensure the following required official documents are sent to the Board directly from:

(a) The physician assistant or physician associate education program:

(A) Proof of completion of a physician assistant or physician associate education program as specified in OAR 847-050-0020(1) and which includes degree issued, date of degree, dates of attendance, dates and reason of any leaves of absence or repeated years, and dates, name and location of education program if a transfer student.

(B) A Verification of Education form; which must include information about an applicant’s knowledge base, clinical skills, medical judgement, professionalism, and ethics; including any concerns regarding possible impairment in the applicant’s ability to safely practice their profession. If the school is unable to complete the form or the Board determines that it is unacceptable, a copy of the transcripts may be acceptable.

(b) Official Examination Certification: An official Examination Certification of the Physician Assistants National Certifying Examination (PANCE), showing the examination score, is required directly from the National Commission on Certification of Physician Assistants (NCCPA).

(c) If requested by the Board, a letter verifying licensure in good standing from the state or states of all prior and current health-related licensure. Verification, sent directly from the boards, must show license number, date issued, examination grades if applicable and status.

(d)(A) The Director or other official for practice and employment in hospitals, clinics, etc. in the United States and foreign countries: A currently dated original letter (a copy is not acceptable), sent directly from the hospital/clinic, must include a statement of good standing and specific beginning and ending dates of practice and employment, for the past five (5) years only.

(B) If the applicant has ceased practice for more than two (2) years, employment verifications will be required for the past ten (10) years.

(C) If such verification is unavailable or incomplete, provide three reference letters from physicians, physician assistants, or physician associates in the local medical community who are familiar with the applicant’s practice and who have known the applicant for more than six months.

(8) Any other documentation or explanatory statements as required by the Board, including but not limited to medical records and criminal or civil records.

History

Statutory/Other Authority: ORS 677.265 & ORS 677.512
Statutes/Other Implemented: ORS 677.512
OMB 17-2024, amend filed 10/10/2024, effective 10/10/2024
OMB 13-2024, amend filed 07/15/2024, effective 07/15/2024
OMB 4-2023, adopt filed 01/11/2023, effective 01/11/2023

Or. Admin. R. 847-050-0022 Application for Licensure by Military Spouse or Domestic Partner

(1) “Military spouse or domestic partner” means a spouse or domestic partner of an active member of the Armed Forces of the United States who is the subject of a military transfer to Oregon.

(2) To qualify for licensure under this rule, the military spouse or domestic partner must:

(a) Meet the qualifications for licensure as stated in OAR 847-050-0020;

(b) Be married to, or in a domestic partnership with, a member of the Armed Forces of the United States who is assigned to a duty station located in Oregon by official active duty military order;

(c) Be licensed to practice as a physician assistant or physician associate in another state or territory of the United States;

(e) Demonstrate competency by having at least one year of active practice as a physician assistant or physician associate or teaching at a physician assistant or physician associate education program during the three years immediately preceding the application.

(3) If a military spouse or domestic partner applies for a license to practice as a physician associate, the Board may accept:

(a) A copy of the physician assistant or physician associate education program diploma to fulfill the requirement for the Verification of Medical Education form; and

(b) Verification of licensure in good standing from the jurisdiction of current or most recent practice as a physician assistant or physician associate to fulfill the requirement of verifications of licensure from all jurisdictions of prior and current health related licensure.

(4) If a military spouse or domestic partner applies for a license to practice as a physician associate, the Board will obtain the following on behalf of the applicant:

(a) The results of a query of the National Practitioner Data Bank; and

(b) The results of a query of the Federation of State Medical Boards’ Board Action Data Bank.

(5) In addition to the documents required in section (3) of this rule and by OAR 847-050-0015 and 847-050-0020, the military spouse or domestic partner must submit a copy of the:

(a) Marriage certificate or domestic partnership registration with the name of the applicant and the name of the active duty member of the Armed Forces of the United States; and

(b) Assignment to a duty station located in Oregon by official active duty military order for the spouse or domestic partner named in the marriage certificate or domestic partnership registration.

(6) A military spouse or domestic partner may obtain a temporary authorization for a license to practice medicine after satisfying sections (2) through (5) of this rule.

History

Statutory/Other Authority: ORS 677.265, Oregon Laws 2019, chapter 142 (HB 3030) & Oregon Laws 2019, chapter 626 (SB 688)
Statutes/Other Implemented: ORS 677.265, ORS 677.512, ORS 676.308, Oregon Laws 2019, chapter 142 (HB 3030) & Oregon Laws 2019, chapter 626 (SB 688)
OMB 17-2024, amend filed 10/10/2024, effective 10/10/2024
OMB 3-2020, amend filed 01/16/2020, effective 01/16/2020
OMB 35-2013, f. & cert. ef. 10-15-13
OMB 21-2013(Temp), f. 8-2-13, cert. ef. 8-3-13 thru 1-30-14

Or. Admin. R. 847-050-0023 Limited License, Pending Examination

(1) An applicant for a Physician Associate license who has successfully completed a physician assistant education program approved by the American Medical Association Council on Allied Health Education and Accreditation (CAHEA), or the Commission on Accreditation for Allied Health Education Programs (CAAHEP), or the Accreditation Review Commission on Education for the Physician Assistant (ARCPA) but has not yet passed the Physician Assistant National Certifying Examination (PANCE) given by the National Commission for the Certification of Physician Assistants (NCCPA) may be issued a Limited License, Pending Examination, if the following are met:

(a) The application file is complete to the satisfaction of the Board with the exception of pending certification by the NCCPA;

(b) The applicant has not previously failed the NCCPA examination; and

(c) The applicant has submitted the appropriate form and fee prior to being issued a Limited License, Pending Examination.

(2) A Limited License, Pending Examination may include prescriptive privileges for Schedules III through V;

(3) A Limited License, Pending Examination may be granted for a period of six months.

(4) Upon receipt of verification that the applicant has passed the NCCPA examination, and if their application file is otherwise satisfactorily complete, the applicant will be considered for a permanent license.

(5) The Limited License, Pending Examination will automatically expire if the applicant fails the NCCPA examination.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.132 & 677.535
OMB 17-2024, amend filed 10/10/2024, effective 10/10/2024
OMB 16-2022, amend filed 07/12/2022, effective 07/15/2022
OMB 11-2018, amend filed 10/13/2018, effective 10/13/2018
OMB 15-2014, f. & cert. ef. 10-8-14
OMB 5-2014, f. & cert. ef. 1-14-14
OMB 7-2012, f. & cert. ef. 2-10-12
OMB 32-2011(Temp), f. 12-15-11, cert. ef. 1-1-12 thru 6-29-12
Temporary Suspended by OBDD 28-2011(Temp), f. & cert. ef. 10-26-11 thru 4-10-12
OMB 21-2011(Temp), f. & cert. ef. 10-13-11 thru 4-10-12
BME 13-2003, f. & cert. ef. 7-15-03
BME 14-2002, f. & cert. ef. 10-25-02
ME 9-1995, f. & cert. ef. 7-28-95
ME 5-1993, f. & cert. ef. 4-22-93

Or. Admin. R. 847-050-0025 Interview and Examination

(1) In addition to all other requirements for licensure, the Board may require the applicant to appear for a personal interview regarding information received in the application process. Unless excused in advance, failure to appear before the Board for a personal interview violates ORS 677.190(17) and may subject the applicant to disciplinary action.

(2) The applicant is required to pass an open-book examination on the Medical Practice Act (ORS chapter 677) and Oregon Administrative Rules (OAR) chapter 847, division 050. If an applicant fails the open-book examination three times, the applicant’s application will be reviewed by the Board. An applicant who has failed the open-book examination three times must also attend an informal meeting with a Board member, the Executive Director, a Board investigator and/or the Medical Director of the Board to discuss the applicant’s failure of the examination, before being given a fourth and final attempt to pass the examination. If the applicant does not pass the examination on the fourth attempt, the applicant may be denied licensure.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.100, 677.190, 677.265 & 677.512
OMB 14-2016, f. & cert. ef. 10-7-16
OMB 1-2016, f. & cert.ef. 1-8-16
OMB 10-2015(Temp), f. 10-13-15, cert. ef. 1-1-16 thru 6-28-16
OMB 6-2014, f. & cert. ef. 1-14-14
OMB 7-2012, f. & cert. ef. 2-10-12
OMB 32-2011(Temp), f. 12-15-11, cert. ef. 1-1-12 thru 6-29-12
Temporary Suspended by OBDD 28-2011(Temp), f. & cert. ef. 10-26-11 thru 4-10-12
OMB 21-2011(Temp), f. & cert. ef. 10-13-11 thru 4-10-12
BME 13-2006, f. & cert. ef. 5-8-06
BME 13-2003, f. & cert. ef. 7-15-03
BME 11-1998, f. & cert. ef. 7-22-98
ME 9-1995, f. & cert. ef. 7-28-95
ME 10-1992, f. & cert. ef. 7-17-92
ME 2-1990, f. & cert. ef. 1-29-90
ME 8-1985, f. & ef. 8-5-85
ME 2-1982, f. & ef. 1-28-82
ME 4-1981(Temp), f. & ef. 10-20-81
ME 7-1980, f. & ef. 11-3-80
ME 4-1980(Temp), f. 8-5-80, ef. 8-6-80
ME 5-1979, f. & ef. 11-30-79
ME 1-1979, f. & ef. 1-29-79
ME 25, f. 1-20-72, ef. 2-1-72
ME 23(Temp), f. & ef. 1-12-71

Or. Admin. R. 847-050-0029 Locum Tenens Assignments

(1) Locum tenens means a temporary absence by the physician associate which is filled by a substitute physician associate.

(2) The substitute physician associate who is filling the locum tenens assignment must be currently licensed in Oregon with practicing registration status and enter into a collaboration agreement.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.265 & 677.510
OMB 17-2024, amend filed 10/10/2024, effective 10/10/2024
OMB 7-2024, amend filed 01/08/2024, effective 01/08/2024
OMB 16-2022, amend filed 07/12/2022, effective 07/15/2022
OMB 7-2012, f. & cert. ef. 2-10-12
OMB 32-2011(Temp), f. 12-15-11, cert. ef. 1-1-12 thru 6-29-12
Temporary Suspended by OBDD 28-2011(Temp), f. & cert. ef. 10-26-11 thru 4-10-12
OMB 21-2011(Temp), f. & cert. ef. 10-13-11 thru 4-10-12
BME 14-2010, f. & cert. ef. 7-26-10
BME 11-2005, f. & cert. ef. 10-12-05
BME 6-2003, f. & cert. ef. 1-27-03
ME 7-1990, f. & cert. ef. 4-25-90
ME 2-1990, f. & cert. ef. 1-29-90
ME 1-1986, f. & ef. 1-21-86

Or. Admin. R. 847-050-0035 Grounds for Discipline

(1) The performance of unauthorized medical services by the physician associate constitutes a violation of the Medical Practice Act. The physician associate is subject to disciplinary action for violations. Proceedings under these rules are conducted in the manner specified in ORS 677.200.

(2) In addition to any of the reasons cited in ORS 677.190, the Board may refuse to grant, or may suspend or revoke a license to practice as a physician associate for any of the following reasons:

(a) The physician associate has held themselves out, or permitted another to represent the physician associate to be a licensed physician.

(b) The physician associate has in fact performed medical services without entering into a collaboration agreement.

(c) The physician associate has performed medical services beyond the physician associate's competence, education, training, experience, or outside the collaboration agreement as stated in OAR 847-050-0082. This is not intended to limit the ability of a physician associate to learn new procedures.

History

Statutory/Other Authority: ORS 677.190, 677.205 & 677.265
Statutes/Other Implemented: ORS 677.190, 677.205, 677.265 & 677.505
OMB 17-2024, amend filed 10/10/2024, effective 10/10/2024
OMB 7-2024, amend filed 01/08/2024, effective 01/08/2024
OMB 16-2022, amend filed 07/12/2022, effective 07/15/2022
OMB 5-2022, amend filed 01/11/2022, effective 01/15/2022
OMB 7-2012, f. & cert. ef. 2-10-12
OMB 32-2011(Temp), f. 12-15-11, cert. ef. 1-1-12 thru 6-29-12
Temporary Suspended by OBDD 28-2011(Temp), f. & cert. ef. 10-26-11 thru 4-10-12
OMB 21-2011(Temp), f. & cert. ef. 10-13-11 thru 4-10-12
BME 23-2007, f. & cert. ef. 10-24-07
ME 2-1990, f. & cert. ef. 1-29-90
ME 2-1982, f. & ef. 1-28-82
ME 4-1981(Temp), f. & ef. 10-20-81
ME 7-1980, f. & ef. 11-3-80
ME 4-1980(Temp), f. 8-5-80, ef. 8-6-80
ME 5-1979, f. & ef. 11-30-79
ME 1-1979, f. & ef. 1-29-79
ME 25, f. 1-20-72, ef. 2-1-72
ME 23(Temp), f. & ef. 10-12-71

Or. Admin. R. 847-050-0041 Prescribing and Dispensing Privileges

(1) A physician associate registered prior to July 12, 1984, who does not possess the qualifications of OAR 847-050-0020 may retain all practice privileges which have been granted prior to July 12, 1984. Under these conditions, a physician associate may issue written, electronic or oral prescriptions for Schedule III-V medications, based on the physician associate's education, training, experience, and commensurate with the collaboration agreement, if the physician associate has passed a specialty examination approved by the Board prior to July 12, 1984, and the following conditions are met:

(a) The physician associate has passed the Physician Assistant National Certifying Examination (PANCE); and

(b) The physician associate has documented adequate education or experience in pharmacology commensurate with the collaboration agreement.

(2) A physician associate may issue written, electronic, or oral prescriptions for Schedule III-V medications, based on the physician associate's education, training, experience, and commensurate with the collaboration agreement.

(3) A physician associate may issue written or electronic prescriptions or emergency oral prescriptions followed by a written authorization for Schedule II medications if the requirements in section (1) or (2) of this rule are fulfilled and if the physician associate is currently certified by the National Commission for the Certification of Physician Assistants (NCCPA).

(4) All prescriptions given whether written, electronic, or oral must include the name, office address, and telephone number of the physician associate. The prescription must also bear the name of the patient and the date on which the prescription was written, except as provided in OAR 847-015-0050 for expedited partner therapy for sexually transmitted disease. The physician associate must sign the prescription and the signature must be followed by the letters "PA" Also the physician associate's Federal Drug Enforcement Administration number must be shown on prescriptions for controlled substances.

(5) A physician associate may register with the Board to dispense drugs commensurate with the collaboration agreement and the physician associate’s prescriptive authority.

(a) If the facility where the physician associate will dispense medications serves population groups federally designated as underserved, geographic areas federally designated as health professional shortage areas or medically underserved areas, or areas designated as medically disadvantaged and in need of primary health care providers as designated by the State, the application must include:

(A) Location of the practice site;

(B) Accessibility to the nearest pharmacy; and

(b) If the facility where the physician associate will be dispensing medications is not in one of the designated areas or populations described in subsection (5)(a) of this rule, the physician associate may not dispense Schedule I through II controlled substances.

(6) A physician associate with dispensing authority must:

(a) Dispense medications personally, except that nonjudgmental dispensing functions may be delegated to staff assistants when the accuracy and completeness of the prescription is verified by the physician associate;

(b) Maintain records of the receipt and distribution of prescription drugs and the records must be readily accessible for inspection by the Board upon request;

(c) Dispense only medications that are pre-packaged by a licensed pharmacist, manufacturing drug outlet or wholesale drug outlet authorized to do so under ORS 689;

(d) Label dispensed prescription drugs in compliance with the requirements of ORS 677.089(3);

(e) Dispense prescription drugs in containers complying with the federal Poison Prevention Packaging Act unless the patient requests a noncomplying container; and

(f) Register with the Drug Enforcement Administration and maintain a controlled substances log as required in OAR 847-015-0015.

(7) Distribution of samples, without charge, is not dispensing under this rule. Administering drugs in the facility is not dispensing under this rule. Distribution of samples and administration of drugs must be documented in the patient record. Documentation must include the name of the drug, the dose, the quantity distributed or administered, and the directions for use if applicable.

(8) Failure to comply with any section of this rule is a violation of the ORS Chapter 677 and is grounds for a $195 fine. The licensee may be subject to further disciplinary action by the Board.

History

Statutory/Other Authority: ORS 677.265 & ORS 677.511
Statutes/Other Implemented: ORS 677.190, ORS 677.205, ORS 677.265, ORS 677.470, ORS 677.511, ORS 677.515 & ORS 677.545
OMB 17-2024, amend filed 10/10/2024, effective 10/10/2024
OMB 7-2024, amend filed 01/08/2024, effective 01/08/2024
OMB 9-2023, amend filed 07/06/2023, effective 07/06/2023
OMB 16-2022, amend filed 07/12/2022, effective 07/15/2022
OMB 5-2022, amend filed 01/11/2022, effective 01/15/2022
OMB 1-2018, amend filed 01/05/2018, effective 01/05/2018
OMB 5-2017, f. & cert. ef. 7-14-17
OMB 3-2013, f. & cert. ef. 1-11-13
OMB 34-2012(Temp), f. 11-8-12, cert. e. 11-28-12 thru 5-27-13
OMB 16-2012(Temp), f. 5-8-12, cert. ef. 6-1-12 thru 11-28-12
OMB 7-2012, f. & cert. ef. 2-10-12
OMB 32-2011(Temp), f. 12-15-11, cert. ef. 1-1-12 thru 6-29-12
OBDD 28-2011(Temp), f. & cert. ef. 10-26-11 thru 4-10-12
OMB 21-2011(Temp), f. & cert. ef. 10-13-11 thru 4-10-12
BME 6-2006, f. & cert. ef. 2-8-06
BME 3-2005, f. & cert. ef. 1-27-05
BME 8-2004, f. & cert. ef. 4-22-04
BME 13-2003, f. & cert. ef. 7-15-03
BME 4-2002, f. & cert. ef. 4-23-02
BME 2-2000, f. & cert. ef. 2-7-00
ME 5-1994, f. & cert. ef. 1-24-94
ME 10-1992, f. & cert. ef. 7-17-92
ME 2-1990, f. & cert. ef. 1-29-90
ME 16-1987, f. & cert. ef. 8-3-87
ME 5-1986, f. & cert. ef. 4-23-86
ME 10-1984, f. & cert. ef. 7-20-84
ME 6-1982, f. & cert. ef. 10-27-82
ME 2-1982, f. & cert. ef. 1-28-82
ME 4-1981(Temp), f. & cert. ef. 10-20-81
ME 7-1980, f. & cert. ef. 11-3-80
ME 4-1980(Temp), f. 8-5-80, cert. ef. 8-6-80
ME 5-1979, f. & cert. ef. 11-30-79
ME 1-1979, f. & cert. ef. 1-29-79

Or. Admin. R. 847-050-0043 Inactive Registration and Re-Entry to Practice

(1) Any physician associate licensed in this state who changes location to some other state or country, or who is not in a current collaboration relationship with a licensed physician or employer for six months or more, will be listed by the Board as inactive.

(2) If the physician associate wishes to resume active status to practice in Oregon, the physician associate must submit the reactivation application and fee, satisfactorily complete the reactivation process and be approved by the Board before beginning active practice in Oregon.

(3) The Board may deny active registration if it judges the conduct of the physician associate during the period of inactive registration to be such that the physician associate would have been denied a license if applying for an initial license.

(4) If a physician associate applicant has ceased practice for a period of 12 or more consecutive months immediately preceding the application for licensure or reactivation, the applicant may be required to do one or more of the following:

(a) Obtain certification or re-certification by the National Commission on the Certification of Physician Assistants (NCCPA);

(b) Provide documentation of current NCCPA certification; or

(5) The physician associate applicant who has ceased practice for a period of 24 or more consecutive months is required to complete a re-entry plan to the satisfaction of the Board. The re-entry plan must be reviewed and approved through a Consent Agreement for Re-entry to Practice prior to the applicant beginning the re-entry plan. Depending on the amount of time out of practice, the re-entry plan may contain one or more of the requirements listed in section (4) of this rule and such additional requirements as determined appropriate by the Board.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.172, 677.175 & 677.512
OMB 17-2024, amend filed 10/10/2024, effective 10/10/2024
OMB 16-2022, amend filed 07/12/2022, effective 07/15/2022
OMB 10-2016, f. & cert. ef. 10-7-16
OMB 3-2015, f. & cert. ef. 1-8-16
OMB 11-2014, f. & cert. ef. 4-9-14
OMB 7-2012, f. & cert. ef. 2-10-12
OMB 32-2011(Temp), f. 12-15-11, cert. ef. 1-1-12 thru 6-29-12
OMB 29-2011, f. & cert. ef. 10-27-11
Temporary Suspended by OBDD 28-2011(Temp), f. & cert. ef. 10-26-11 thru 4-10-12
OMB 21-2011(Temp), f. & cert. ef. 10-13-11 thru 4-10-12
BME 25-2008, f. & cert. ef. 10-31-08
BME 2-2000, f. & cert. ef. 2-7-00
BME 11-1998, f. & cert. ef. 7-22-98
ME 5-1996, f. & cert. ef. 7-26-96
ME 10-1992, f. & cert. ef. 7-17-92
ME 2-1990, f. & cert. ef. 1-29-90
ME 12-1986, f. & ef. 7-31-86

Or. Admin. R. 847-050-0046 Emeritus Status

A physician associate with Emeritus status pursuant OAR 847-008-0030 must enter into a collaboration agreement, prior to starting any temporary or volunteer assignments.

History

Statutory/Other Authority: ORS 677.265 & 677.545
Statutes/Other Implemented: ORS 677.265, 677.510 & 677.515
OMB 17-2024, amend filed 10/10/2024, effective 10/10/2024
OMB 7-2024, amend filed 01/08/2024, effective 01/08/2024
OMB 16-2022, amend filed 07/12/2022, effective 07/15/2022
OMB 7-2012, f. & cert. ef. 2-10-12
OMB 32-2011(Temp), f. 12-15-11, cert. ef. 1-1-12 thru 6-29-12
Temporary Suspended by OBDD 28-2011(Temp), f. & cert. ef. 10-26-11 thru 4-10-12
OMB 21-2011(Temp), f. & cert. ef. 10-13-11 thru 4-10-12
BME 9-2010, f. & cert. ef. 4-26-10

Or. Admin. R. 847-050-0060 Physician Associate Student

(1) Where applicable, any person who is enrolled as a student in an accredited physician assistant or physician associate education program must comply with OAR 847-050-0005 to 847-050-0065.

(2) Notwithstanding any other provisions of these rules, a physician assistant or physician associate student may participate in the diagnosis and treatment of Oregon patients under the following circumstances:

(a) The student is enrolled in an accredited physician assistant or physician associate education program as described in OAR 847-050-0020;

(b) The student is precepted by an actively practicing, Oregon-licensed health care professional in good standing who is qualified and competent to precept the student’s clinical experience; and

(c) Care is delivered within the scope and context of a course, clerkship, preceptorship, or other clinical experience approved by an accredited physician assistant or physician associate education program as described in OAR 847-050-0020.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.265, ORS 677.515 & ORS 677.510
OMB 17-2024, amend filed 10/10/2024, effective 10/10/2024
OMB 9-2018, amend filed 07/16/2018, effective 07/16/2018
OMB 7-2012, f. & cert. ef. 2-10-12
OMB 32-2011(Temp), f. 12-15-11, cert. ef. 1-1-12 thru 6-29-12
Temporary Suspended by OBDD 28-2011(Temp), f. & cert. ef. 10-26-11 thru 4-10-12
OMB 21-2011(Temp), f. & cert. ef. 10-13-11 thru 4-10-12
ME 2-1990, f. & cert. ef. 1-29-90
ME 2-1982, f. & ef. 1-28-82
ME 4-1981(Temp), f. & ef. 10-20-81
ME 7-1980, f. & ef. 11-3-80
ME 4-1980(Temp), f. 8-5-80, ef. 8-6-80
ME 5-1979, f. & ef. 11-30-79
ME 1-1979, f. & ef. 1-2-79
ME 25, f. 1-20-72, ef. 2-1-72
ME 23(Temp), f. & ef. 10-12-71

Or. Admin. R. 847-050-0070 License Application Withdrawals and Denials

(5) An applicant whose application has been denied may submit a new application for licensure as stated in the Board’s Order, but no sooner than two years after the date of denial.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.265, ORS 677.100, ORS 677.190, ORS 677.220 & ORS 677.512
OMB 4-2024, amend filed 01/08/2024, effective 01/08/2024
OMB 10-2017, adopt filed 10/26/2017, effective 10/26/2017

Or. Admin. R. 847-050-0080 Collaborative Practice Model

(1) A physician associate may practice medicine:

(a) Within the scope of practice of the physician associate, based on the physician associate’s education, training, and experience; and

(b) For which the physician associate has obtained informed consent as provided in ORS 677.097, if informed consent is required.

(2) A physician associate is responsible for the care provided by the physician associate.

(3) A physician associate must engage in collaboration with the appropriate health care provider as indicated by the condition of the patient, the community standards of care, and the physician associate’s education, experience, and competence. The degree of collaboration must be determined at the physician associate’s primary location of practice. The determination may include decisions made by:

(a) A physician or employer with whom the physician associate has entered into a collaboration agreement, or

(b) The group or hospital service and the credentialing and privileging systems of the physician associate’s primary location of practice.

(4) The degree of autonomous judgment that a physician associate may exercise will be determined at the physician associate’s primary location of practice by the community standards of care and the physician associate’s education, training, and experience.

(5) If a physician associate changes their specialty or emphasis of practice, the physician associate must obtain applicable education, training, or experience required to meet the community standards of care.

(6) The physician associate or student must be clearly identified as such when performing duties. The physician associate must at all times when on duty wear a name tag with the designation of "physician associate" or “PA” thereon and clearly identify as a “physician associate” or “PA” in oral communications with patients and other professionals.

(7) Failure to comply with any section of this rule is a violation of ORS 677.510 and is grounds for a $195 fine imposed on the non-compliant licensee. The licensee may be subject to further disciplinary action by the Board.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.265, ORS 677.510 & ORS 677.515
OMB 17-2024, amend filed 10/10/2024, effective 10/10/2024
OMB 7-2024, amend filed 01/08/2024, effective 01/08/2024
OMB 16-2022, adopt filed 07/12/2022, effective 07/15/2022

Or. Admin. R. 847-050-0082 Collaboration Agreements

(1) A physician associate may not practice medicine unless the physician associate has entered into a written collaboration agreement signed by a physician or employer as defined in OAR 847-050-0010(4) and as described in this rule.

(2) The collaboration agreement must include, but is not limited to:

(a) The physician associate’s name, license number, and primary location of practice;

(b) The name of the physician or employer with whom the physician associate is entering the collaboration agreement;

(c) A general description of the physician associate’s process for collaboration with physicians and if applicable, include any differences in the process for collaboration based on practice location; and

(d) If the physician associate has fewer than 2,000 hours of post-graduate clinical experience, a plan for consistent and quality collaboration with a specified physician on a regular basis. If this plan is required:

(A) “Post-graduate clinical experience” means the professional practice as a physician associate applying principles and methods to provide assessment, diagnosis, and treatment of patients.

(B) The physician associate must provide evidence of at least 2,000 hours of post-graduate clinical experience to the physician or employer with whom the physician associate is entering the collaboration agreement. The physician or employer is responsible for determining the physician associate does not require a plan.

(D) The physician associate, or physician or employer with whom the physician associate has entered into the collaboration agreement, is responsible for tracking the 2,000 hours of post-graduate clinical experience to determine when the plan is no longer required.

(E) A collaboration agreement must be amended in writing to remove or modify the plan.

(3) A collaboration agreement may include additional requirements specific to the physician associate’s practice as required by the physician or employer entering the collaboration agreement, including additional levels of oversight, limitations on autonomous judgment, and designating a primary contact for collaboration.

(4) As part of the performance assessment in ORS 677.510(4), a collaboration agreement must be reviewed and, if applicable, updated.

(5) A collaboration agreement must be replaced or amended in writing to add, remove, or change requirements.

(6) A physician associate may enter multiple collaboration agreements for each employer or practice.

(7) The collaboration agreement must be available at the physician associate’s primary location of practice and made available to the Oregon Medical Board upon request.

(8) The physician or employer with whom the physician associate enters a collaboration agreement must provide a copy of the collaboration agreement and any amendments to the physician associate.

(9) The physician associate and the physician or employer with whom the physician associate has entered into the collaboration agreement are responsible for upholding the terms of the collaboration agreement and ensuring availability of collaboration.

(10) Failure to comply with any section of this rule is a violation of ORS 677.510 and is grounds for a $195 fine imposed on the non-compliant licensee. The licensee may be subject to further disciplinary action by the Board.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.265, ORS 677.510 & ORS 677.515
OMB 17-2024, amend filed 10/10/2024, effective 10/10/2024
OMB 7-2024, amend filed 01/08/2024, effective 01/08/2024
OMB 16-2022, adopt filed 07/12/2022, effective 07/15/2022

Division 65 HEALTH PROFESSIONALS’ SERVICES PROGRAM

Or. Admin. R. 847-065-0005 Licensees with Mental Health Disorder Treated in Hospital Exceeding 25 Consecutive Days

A licensee's participation in the Health Professionals’ Services Program (HPSP), to include inpatient evaluations or treatment in a treatment facility that exceeds 25 consecutive days, does not require an automatic suspension of a licensee, if the licensee is in compliance with their HPSP agreement and does not practice medicine, podiatry, or acupuncture during a period of impairment. If the HPSP makes a determination that the licensee has a mental health disorder that affects the ability of the licensee to safely practice, the HPSP will ask the licensee to immediately withdraw from practice. If the licensee declines, the HPSP will immediately report to the Board that the licensee has a mental health disorder that affects the ability of the licensee to safely practice, and with this report provide a copy of the evaluation upon which this determination is based.

History

Statutory/Other Authority: ORS 677.265, 676.190 & 676.200
Statutes/Other Implemented: ORS 677.225 & 676.185 to 676.200
OMB 19-2022, amend filed 10/12/2022, effective 10/12/2022
OMB 3-2011, f. & cert. ef. 2-11-11
BME 20-2009, f. & cert. ef. 10-23-09

Or. Admin. R. 847-065-0010 Purpose, Intent and Scope

The Oregon Medical Board recognizes that substance use disorders and/or mental health disorders are potentially progressive, chronic conditions. The Board believes that physicians, podiatric physicians, physician associates, and acupuncturists who develop these conditions can, with appropriate treatment, be assisted with recovery and safely practice medicine, podiatry, or acupuncture. It is the intent of the Board that a licensee with a substance use disorder and/or mental health disorder may have the opportunity to enter the Health Professionals’ Services Program (HPSP). Participation in the HPSP does not shield a licensee from possible disciplinary action.

History

Statutory/Other Authority: ORS 676.190, 677.265 & 677.200
Statutes/Other Implemented: ORS 676.190, 676.185, 677.200, 676.194 & OL 2025, chapter 499, section 2-3
OMB 4-2026, amend filed 01/12/2026, effective 01/12/2026
OMB 17-2024, amend filed 10/10/2024, effective 10/10/2024
OMB 19-2022, amend filed 10/12/2022, effective 10/12/2022
OMB 33-2012, f. & cert. ef. 10-22-12
OMB 17-2012(Temp), f. & cert. ef. 7-31-12 thru 1-15-13
OMB 9-2011, f. & cert. ef. 4-25-11
BME 20-2010, f. & cert. ef. 10-25-10
BME 15-2010(Temp), f. & cert. ef. 8-3-10 thru 1-18-11

Or. Admin. R. 847-065-0015 Definitions

The following definitions apply to OAR chapter 847, division 065, except as otherwise stated in the definition:

(1) “Assessment or evaluation” means the process an independent clinical evaluator uses to diagnose the licensee and to make treatment recommendations for the licensee.

(2) “Board” means the Oregon Medical Board.

(3) “Business day” means Monday through Friday, except legal holidays as defined in ORS 187.010 and ORS 187.020.

(4) “Contractor” means the entity that has contracted with the health profession licensing boards to administer the HPSP.

(5) “Diagnosis” means the principal mental health or substance use diagnosis listed in the current Diagnostic Statistical Manual (DSM). The diagnosis is determined through the assessment and any examinations, tests or consultations suggested by the assessment.

(6) “DSM” means the Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association.

(7) “Federal regulations” means:

(a) As used in ORS 676.185(4)(d), a “positive toxicology test result as determined by federal regulations pertaining to drug testing” means a test result that meets or exceeds the cutoff concentrations shown in 49 CFR § 40.87 (2009); and

(b) As used in Oregon Laws 2025, chapter 499, section 3(1)(d), “random drug or alcohol testing in accordance with federal regulations” means random selection by a scientifically valid method, such as a random number table or a computer-based random number generator that is matched with licensees’ unique identification numbers or other comparable identifying numbers. Under the selection process used, each covered licensee must have an equal chance of being tested each time selections are made, as described in 40 CFR § 199.105(c)(5) (2009). Random drug tests must be unannounced and the dates for administering random tests must be spread reasonably throughout the calendar year, as described in 40 CFR § 199.105(c)(7) (2009).

(8) “Fitness to practice evaluation” means the process a qualified, independent clinical evaluator uses to determine if the licensee can safely perform the essential functions of the licensee’s health practice.

(9) “Independent clinical evaluator” means an individual or center who is approved by the Board to evaluate, diagnose, and make treatment recommendations for substance use disorders and/or mental health disorders.

(10) “Licensee” means a licensed physician, podiatric physician, physician associate or acupuncturist who is licensed or certified by the Board.

(11) “Mental health disorder” means a clinically significant syndrome identified in the current DSM that is associated with disability or with significantly increased risk of disability.

(12) “Monitoring agreement” has the meaning given in ORS 676.185.

(13) “Positive toxicology test result” means a test result that meets or exceeds the cutoff concentrations shown in 49 CFR 40.87 (2009), a test result that shows other drugs or alcohol, or a test result that fails to show the appropriate presence of a currently prescribed drug that is part of a treatment program related to a condition being monitored by HPSP.

(14) “Provisional enrollment” means temporary enrollment, pending verification that a licensee meets all program eligibility criteria.

(15) “Self-referred licensee” means a licensee who seeks to participate in the program without a referral from the Board.

(16) “Substance use disorder” means a disorder related to the taking of a drug of abuse, including alcohol. This includes substance use disorders with modifiers of mild, moderate, or severe and substance-induced disorders, including but not limited to intoxication, withdrawal, and other substance/medication-induced mental health disorders (psychotic disorders, bipolar and related disorders, depressive disorders, anxiety disorders, obsessive-compulsive and related disorders, sleep disorders, sexual dysfunctions, delirium, and neurocognitive disorders), as defined in DSM-5 criteria.

(17) “Substantial non-compliance” occurs when a licensee is in violation of the terms of their monitoring agreement in a way that gives rise to concerns about the licensee’s ability or willingness to participate in the HPSP. Substantial non-compliance is further described in ORS 676.185(4). Conduct that occurred before a licensee entered into HPSP is not substantial non-compliance.

(18) “Toxicology testing” means urine testing or alternative chemical monitoring including blood, saliva, breath, nail, or hair as conducted by a laboratory certified, accredited or licensed and approved for toxicology testing.

(19) “Treatment” means the planned, specific, individualized health and behavioral-health procedures, activities, services and supports that a treatment provider uses to remediate symptoms of a substance use disorder and/or mental health disorder.

(20) “Workplace monitor” has the meaning given in ORS 676.185.

History

Statutory/Other Authority: ORS 676.190, 677.265 & 676.200
Statutes/Other Implemented: ORS 676.190, 676.185, 676.200, 676.194 & OL 2025 chapter 499, section 2-3
OMB 4-2026, amend filed 01/12/2026, effective 01/12/2026
OMB 17-2024, amend filed 10/10/2024, effective 10/10/2024
OMB 19-2022, amend filed 10/12/2022, effective 10/12/2022
OMB 38-2013, f. & cert. ef. 10-15-13
OMB 22-2013(Temp), f. 8-2-13, cert. ef. 8-3-13 thru 1-30-14
OMB 33-2012, f. & cert. ef. 10-22-12
OMB 17-2012(Temp), f. & cert. ef. 7-31-12 thru 1-15-13
OMB 9-2011, f. & cert. ef. 4-25-11
BME 20-2010, f. & cert. ef. 10-25-10
BME 15-2010(Temp), f. & cert. ef. 8-3-10 thru 1-18-11

Or. Admin. R. 847-065-0020 Participation in Health Professionals' Services Program

Effective July 1, 2010, the Board must participate in the Health Professionals’ Services Program and may refer eligible licensees to the HPSP in lieu of or in addition to discipline. Only licensees who meet the eligibility criteria may enter into the HPSP.

History

Statutory/Other Authority: ORS 676.190, 677.265 & 676.200
Statutes/Other Implemented: ORS 676.190, 676.185, 676.200 & 676.194
OMB 4-2026, amend filed 01/12/2026, effective 01/12/2026
OMB 19-2022, amend filed 10/12/2022, effective 10/12/2022
OMB 33-2012, f. & cert. ef. 10-22-12
OMB 17-2012(Temp), f. & cert. ef. 7-31-12 thru 1-15-13
OMB 9-2011, f. & cert. ef. 4-25-11
BME 20-2010, f. & cert. ef. 10-25-10
BME 15-2010(Temp), f. & cert. ef. 8-3-10 thru 1-18-11

Or. Admin. R. 847-065-0025 Eligibility for Participation in Health Professionals Services Program

To be eligible to participate in the Health Professionals’ Services Program, a licensee must:

(1) Be evaluated by an independent clinical evaluator;

(2) Have received a diagnosis of a substance use disorder and/or mental health disorder with the appropriate diagnostic code from the DSM, and treatment recommendations;

(3) Provide a written agreement to enter the HPSP and abide by all rules established by the Board; and

(4) Enter into a “HPSP Monitoring Agreement” as described in OAR 847-065-0055.

History

Statutory/Other Authority: ORS 676.190, 677.265 & 676.200
Statutes/Other Implemented: ORS 676.190, 676.185, 676.200, 676.194 & OL 2025, chapter 499, sections 2-3
OMB 4-2026, amend filed 01/12/2026, effective 01/12/2026
OMB 19-2022, amend filed 10/12/2022, effective 10/12/2022
OMB 38-2013, f. & cert. ef. 10-15-13
OMB 22-2013(Temp), f. 8-2-13, cert. ef. 8-3-13 thru 1-30-14
OMB 33-2012, f. & cert. ef. 10-22-12
OMB 17-2012(Temp), f. & cert. ef. 7-31-12 thru 1-15-13
OMB 9-2011, f. & cert. ef. 4-25-11
BME 20-2010, f. & cert. ef. 10-25-10
BME 15-2010(Temp), f. & cert. ef. 8-3-10 thru 1-18-11

Or. Admin. R. 847-065-0030 Procedure for Board-Referred Licensees

(1) When the Board receives information involving a licensee who may have a substance use and/or a mental health disorder, the Board staff will investigate and complete a report to be presented at a Board meeting.

(2) If the licensee meets eligibility criteria and the Board approves entry into the HPSP, the Board will provide a written referral. The referral must include:

(a) A copy of the report from the independent clinical evaluator who diagnosed the licensee;

(b) The treatment recommendations developed by the independent clinical evaluator;

(d) A description of any restrictions or requirements imposed by the Board or recommended by the Board on the licensee’s professional practice;

(e) The licensee’s written agreement to enter the HPSP and to abide by all rules established by the Board and all terms and conditions established by the contractor; and

(f) A statement that the licensee has agreed to report:

(A) Any arrest for or conviction of a misdemeanor or felony crime to the Board within three business days after the licensee is arrested or convicted.

(B) Any citation for the use or possession of any DEA scheduled substances, including but not limited to citations for Class E violations, to the contractor within three business days of the citation.

(3) The Executive Director or Medical Director has the authority to approve a licensee’s entry into the HPSP.

History

Statutory/Other Authority: ORS 676.190, 677.265 & 676.200
Statutes/Other Implemented: ORS 676.190, 676.185, 676.200, 676.194 & OL 2025, chapter 499, sections 2-3
OMB 4-2026, amend filed 01/12/2026, effective 01/12/2026
OMB 19-2022, amend filed 10/12/2022, effective 10/12/2022
OMB 33-2012, f. & cert. ef. 10-22-12
OMB 17-2012(Temp), f. & cert. ef. 7-31-12 thru 1-15-13
OMB 9-2011, f. & cert. ef. 4-25-11
BME 20-2010, f. & cert. ef. 10-25-10
BME 15-2010(Temp), f. & cert. ef. 8-3-10 thru 1-18-11

Or. Admin. R. 847-065-0035 Procedure for Self-Referred Licensees

Board licensees may self-refer to the HPSP.

(1) Provisional Enrollment: To be provisionally enrolled in the program, a self-referred licensee must:

(a) Sign a written consent allowing disclosure and exchange of information among the contractor, the contractor's investigator, the licensee’s employer, independent clinical evaluators and treatment providers;

(b) Sign a written consent allowing disclosure and exchange of information among the contractor, the Board, the licensee’s employer, independent clinical evaluators and treatment providers in the event the contractor determines the licensee to be in substantial non-compliance with their monitoring agreement as defined in OAR 847-065-0065;

(d) Agree to and sign a provisional enrollment agreement, which includes a statement that the licensee agrees to report to the contractor:

(A) Any arrest for or conviction of a misdemeanor or felony crime to the Board within three business days after the licensee is arrested or convicted.

(B) Any citation for the use or possession of any DEA scheduled substances, including but not limited to citations for Class E violations, within three business days of the citation.

(2) Final Enrollment: To move from provisional enrollment to final enrollment in the program, a self-referred licensee must:

(a) Obtain at the licensee’s own expense and provide to the contractor, an independent clinical evaluator’s written evaluation containing a DSM diagnosis and diagnostic code and treatment recommendations;

(b) Agree to cooperate with the contractor’s investigation to determine whether the licensee’s practice while impaired, as defined in OAR 847-010-0073, presents or has presented a danger to the public;

(d) Meet all eligibility requirements to participate in the HPSP.

(3) Once a self-referred licensee seeks enrollment in the HPSP, failure to successfully complete final enrollment, as outlined in section (2) of this rule, may constitute substantial non-compliance and may be reported to the Board.

History

Statutory/Other Authority: ORS 676.190, 677.265 & 676.200
Statutes/Other Implemented: ORS 676.190, 676.185, 676.200, 676.194 & OL 2025, chapter 499, sections 2-3
OMB 4-2026, amend filed 01/12/2026, effective 01/12/2026
OMB 19-2022, amend filed 10/12/2022, effective 10/12/2022
OMB 38-2013, f. & cert. ef. 10-15-13
OMB 22-2013(Temp), f. 8-2-13, cert. ef. 8-3-13 thru 1-30-14
OMB 33-2012, f. & cert. ef. 10-22-12
OMB 17-2012(Temp), f. & cert. ef. 7-31-12 thru 1-15-13
OMB 9-2011, f. & cert. ef. 4-25-11
BME 20-2010, f. & cert. ef. 10-25-10
BME 15-2010(Temp), f. & cert. ef. 8-3-10 thru 1-18-11

Or. Admin. R. 847-065-0040 Disqualification Criteria

Licensees, either Board-referred or self-referred, may be disqualified from entering or participating in the HPSP for factors including, but not limited to:

(1) Licensee’s disciplinary history;

(2) Severity and duration of the licensee’s impairment;

(3) Licensee’s practice cannot reasonably be limited or managed to eliminate danger to the public;

(4) If licensee’s impairment cannot be adequately managed with treatment and monitoring;

(5) Evidence of criminal history that involves injury or endangerment to others;

(6) Evidence of sexual misconduct;

(7) Evidence of non-compliance with a monitoring program from another state;

(8) Pending investigations with the Board or boards from other states;

(9) Previous Board investigations with findings of substantiated abuse or dependence; and

(10) Prior enrollment in, but failure to successfully complete, the Oregon Medical Board Health Professionals Program or HPSP.

History

Statutory/Other Authority: ORS 676.190, 677.265 & 676.200
Statutes/Other Implemented: ORS 676.190, 676.185, 676.200, 676.194 & OL 2025, chapter 499, sections 2-3
OMB 4-2026, amend filed 01/12/2026, effective 01/12/2026
OMB 19-2022, amend filed 10/12/2022, effective 10/12/2022
OMB 33-2012, f. & cert. ef. 10-22-12
OMB 17-2012(Temp), f. & cert. ef. 7-31-12 thru 1-15-13
OMB 9-2011, f. & cert. ef. 4-25-11
BME 20-2010, f. & cert. ef. 10-25-10
BME 15-2010(Temp), f. & cert. ef. 8-3-10 thru 1-18-11

Or. Admin. R. 847-065-0045 Approval of Independent Clinical Evaluators

(1) To be approved by the Board as an independent clinical evaluator, an evaluator must be:

(a) Licensed as required by the jurisdiction in which the evaluator works;

(b) Able to provide a comprehensive assessment of and written report describing a licensee’s diagnosis, degree of impairment, and treatment recommendations; and

(2) The Board reserves the right to not approve an independent clinical evaluator for any reason.

(3) The Board or contractor will not accept an evaluator as independent in a particular case if, in the Board’s or contractor’s judgment, the evaluator’s judgment is likely to be influenced by a personal or professional relationship with a licensee.

History

Statutory/Other Authority: ORS 676.190, 677.265 & 676.200
Statutes/Other Implemented: ORS 676.190, 676.185, 676.200, 676.194 & OL 2025, chapter 499, sections 2-3
OMB 4-2026, amend filed 01/12/2026, effective 01/12/2026
OMB 19-2022, amend filed 10/12/2022, effective 10/12/2022
OMB 33-2012, f. & cert. ef. 10-22-12
OMB 17-2012(Temp), f. & cert. ef. 7-31-12 thru 1-15-13
OMB 9-2011, f. & cert. ef. 4-25-11
BME 20-2010, f. & cert. ef. 10-25-10
BME 15-2010(Temp), f. & cert. ef. 8-3-10 thru 1-18-11

Or. Admin. R. 847-065-0050 Approval of Treatment Providers

(1) To be approved by the Board as a treatment provider, a provider must be:

(a) Licensed as required by the jurisdiction in which the provider works;

(b) Able to provide appropriate treatment considering the licensee’s diagnosis, degree of impairment, and treatment recommendations proposed by the independent clinical evaluator; and

(2) A treatment provider may not have a personal or professional relationship with a licensee.

(3) The Board will maintain a list of treatment providers available to licensees upon request.

History

Statutory/Other Authority: ORS 676.190, 677.265 & 676.200
Statutes/Other Implemented: ORS 676.190, 676.185, 676.200, 676.194 & OL 2025, chapter 499, sections 2-3
OMB 4-2026, amend filed 01/12/2026, effective 01/12/2026
OMB 19-2022, amend filed 10/12/2022, effective 10/12/2022
OMB 33-2012, f. & cert. ef. 10-22-12
OMB 17-2012(Temp), f. & cert. ef. 7-31-12 thru 1-15-13
OMB 9-2011, f. & cert. ef. 4-25-11
BME 20-2010, f. & cert. ef. 10-25-10
BME 15-2010(Temp), f. & cert. ef. 8-3-10 thru 1-18-11

Or. Admin. R. 847-065-0055 Monitoring Agreement

To participate in the Health Professionals’ Services Program, a licensee must enter into a written monitoring agreement with the HPSP which requires the licensee to:

(1) Consent to disclosure and exchange of information between the HPSP, the board, and the licensee’s employer, evaluators and treatment entities in compliance with ORS 179.505 and 42 C.F.R. part 2;

(2) Comply continuously with the agreement, including any restrictions on their practice, for two years or longer as described in OAR 847-065-0060, as specified in the monitoring agreement or addenda to the monitoring agreement;

(3) Participate in a treatment plan and all required activities in the treatment plan as approved by a clinical evaluator or treatment provider;

(4) Abstain from mind-altering or intoxicating substances or potentially addictive drugs prohibited by the contractor, unless the drug is prescribed for a documented medical condition by a person authorized by law to prescribe the drug to the licensee;

(5) Report use of mind-altering or intoxicating substances or potentially addictive drugs within 24 hours to contractor;

(6) Submit to random drug or alcohol testing as outlined in the monitoring agreement;

(7) Limit practice as required by the contractor or the Board;

(8) Designate a workplace monitor;

(9) Participate in a follow-up evaluation, when necessary, of the licensee’s fitness to practice;

(10) Report at least weekly to the contractor regarding the licensee’s compliance with the monitoring agreement;

(11) Report applications for licensure in other states, changes in employment and changes in practice setting to the contractor;

(12) Report any arrest for or conviction of a misdemeanor or felony crime to the contractor within three business days after the licensee is arrested or convicted of the crime;

(13) Report to the contractor any citation for the use or possession of any DEA scheduled substances, including but not limited to citations for Class E violations, within three business days of the citation;

(14) Report to the contractor any investigations or disciplinary action by any state, or state or federal agency, including Oregon;

(15) Agree to be responsible for the cost of evaluations, toxicology testing, treatment, monitoring groups, and periodic monitoring consultations; and

(16) Maintain a license status and report any changes in license status.

History

Statutory/Other Authority: ORS 676.190, 677.265 & 676.200
Statutes/Other Implemented: ORS 676.190, 676.185, 676.200, 676.194 & OL 2025, chapter 499, sections 2-3
OMB 4-2026, amend filed 01/12/2026, effective 01/12/2026
OMB 19-2022, amend filed 10/12/2022, effective 10/12/2022
OMB 8-2021, amend filed 10/13/2021, effective 10/13/2021
OMB 38-2013, f. & cert. ef. 10-15-13
OMB 22-2013(Temp), f. 8-2-13, cert. ef. 8-3-13 thru 1-30-14
OMB 33-2012, f. & cert. ef. 10-22-12
OMB 17-2012(Temp), f. & cert. ef. 7-31-12 thru 1-15-13
OMB 9-2011, f. & cert. ef. 4-25-11
BME 20-2010, f. & cert. ef. 10-25-10
BME 15-2010(Temp), f. & cert. ef. 8-3-10 thru 1-18-11

Or. Admin. R. 847-065-0060 Completion Requirements

(1) The time spent participating in a monitored program before transferring from the Health Professionals Program to the Health Professionals’ Services Program effective July 1, 2010, will be counted toward the required term of monitored practice.

(2) Licensees who receive a diagnosis of substance use disorder, mild, or have a mental health diagnosis without substance use disorder must be enrolled in the program for a minimum of two years. These licensees may be required to be enrolled for a longer period if the evaluator or contractor is able to document concerns for the safety of the public or licensee or if otherwise directed by the Oregon Medical Board.

(3) Licensees who receive a diagnosis of substance use disorder, moderate or severe, with or without a mental health disorder, must be enrolled in the program for a minimum of five years. These licensees may be required to be enrolled for a longer period of time if the evaluator or contractor is able to document concerns for the safety of the public or licensee or if otherwise directed by the Oregon Medical Board.

(4) The Board-referred licensee must have complied with the licensee’s monitoring agreement to the satisfaction of the Board. The self-referred licensee must have complied with the licensee’s monitoring agreement to the satisfaction of the contractor.

History

Statutory/Other Authority: ORS 676.190, 677.265 & 676.200
Statutes/Other Implemented: ORS 676.185 - 676.200
OMB 19-2022, amend filed 10/12/2022, effective 10/12/2022
OMB 38-2013, f. & cert. ef. 10-15-13
OMB 22-2013(Temp), f. 8-2-13, cert. ef. 8-3-13 thru 1-30-14
OMB 33-2012, f. & cert. ef. 10-22-12
OMB 17-2012(Temp), f. & cert. ef. 7-31-12 thru 1-15-13
OMB 9-2011, f. & cert. ef. 4-25-11
BME 20-2010, f. & cert. ef. 10-25-10
BME 15-2010(Temp), f. & cert. ef. 8-3-10 thru 1-18-11

Or. Admin. R. 847-065-0065 Substantial Non-Compliance Criteria

(1) The contractor will report substantial non-compliance with a monitoring agreement to the Board within one business day after the contractor learns of the substantial non-compliance, including but not limited to information that a licensee:

(a) Engaged in criminal behavior;

(b) Engaged in conduct that caused injury, death or harm to the public, including engaging in sexual impropriety with a patient;

(d) Received a positive toxicology test result;

(e) Violated a restriction on the license’s practice imposed by the contractor or the Board;

(f) Was civilly committed for mental illness;

(g) Entered into a monitoring agreement, but failed to participate in the HPSP;

(h) Was referred to the HPSP, but failed to enroll in the HPSP;

(i) Forged, tampered with, or modified a prescription;

(j) Violated any rules of prescriptive authority;

(k) Violated any provisions of OAR 847-065-0055;

(l) Violated any terms of the monitoring agreement; or

(m) Failed to complete the monitored practice requirements as stated in OAR 847-065-0060.

(2) The Board will review reports from the program. The Board may request the contractor to provide the licensee’s complete record, and the contractor must send these records to the Board as long as a valid release of information is in place.

(3) If the Board conducts an investigation and finds that a licensee has been substantially non-compliant with a monitoring agreement, the Board may pursue disciplinary action in accordance with ORS 677.200.

History

Statutory/Other Authority: ORS 676.190, 677.265 & 676.200
Statutes/Other Implemented: ORS 676.190, 676.185, 676.200, 676.194 & OL 2025, chapter 499, sections 2-3
OMB 4-2026, amend filed 01/12/2026, effective 01/12/2026
OMB 19-2022, amend filed 10/12/2022, effective 10/12/2022
OMB 38-2013, f. & cert. ef. 10-15-13
OMB 22-2013(Temp), f. 8-2-13, cert. ef. 8-3-13 thru 1-30-14
OMB 33-2012, f. & cert. ef. 10-22-12
OMB 17-2012(Temp), f. & cert. ef. 7-31-12 thru 1-15-13
OMB 9-2011, f. & cert. ef. 4-25-11
BME 20-2010, f. & cert. ef. 10-25-10
BME 15-2010(Temp), f. & cert. ef. 8-3-10 thru 1-18-11

Or. Admin. R. 847-065-0070 Licensees with Primary Residence or Work Site Outside of Oregon

If a licensee’s primary residence or work site is located outside the State of Oregon, the licensee must enroll in the HPSP, in accordance with OAR 847-065-0025 and 847-065-0030 for Board-referred or 847-065-0035 for self-referred licensees, and may choose to be monitored by the out-of-state’s health professional program if the following conditions are met:

(1) The other state’s health professional program is substantially similar to the relevant Oregon statutes and rules. It is the duty of the contractor to verify this information and notify the Board of any discrepancies;

(2) The other state’s health professional program sends quarterly reports on the licensee to the contractor; and

(3) The other state’s health professional program will promptly report any substantial non-compliance with the licensee’s monitoring agreement to the contractor.

History

Statutory/Other Authority: ORS 676.190, 677.265 & 676.200
Statutes/Other Implemented: ORS 676.190, 676.185, 676.200, 676.194 & OL 2025, chapter 499, sections 2-3
OMB 4-2026, amend filed 01/12/2026, effective 01/12/2026
OMB 19-2022, amend filed 10/12/2022, effective 10/12/2022
OMB 33-2012, f. & cert. ef. 10-22-12
OMB 17-2012(Temp), f. & cert. ef. 7-31-12 thru 1-15-13
OMB 9-2011, f. & cert. ef. 4-25-11

Division 70 ACUPUNCTURE

Or. Admin. R. 847-070-0005 Definitions

As used in the rules regulating the practice of acupuncture:

(1) "Acupuncture" has the meaning given in ORS 677.757:

(a) Traditional Eastern medicine used to promote health and treat neurological, organic or functional disorders through the insertion of needles into specific points on the body at varying depths, including insertion into the skin, subcutaneous tissue, muscle layers and fascia, and into or near joint spaces based on anatomical location and the practitioner’s clinical assessment. The type of needle inserted, and the depth, angle and technique of insertion, are informed by specialized training in acupuncture theory, biomedical anatomy and diagnostic evaluation to safely stimulate biological and physiological responses and support the body’s healing process.

(b) The treatment method of moxibustion and 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.

(A) Traditional Eastern medicine and acupuncture techniques of diagnosis and evaluation;

(B) Traditional Eastern medicine manual therapy, exercise and related therapeutic methods; and

(2) "Board" means the Oregon Medical Board for the State of Oregon.

(3) "Clinical training" means supervised clinical training which consists of diagnosis and actual patient treatment which includes insertion of acupuncture needles.

(4) "Committee" means the Acupuncture Advisory Committee.

(5) "Licensed Acupuncturist" means an individual authorized by the Board to practice acupuncture pursuant to ORS Chapter 677.

(6)(a) "Traditional Eastern medicine manual therapy" means methods of manual therapy, including manual mobilization, manual traction, compression, rubbing, kneading and percussion, with or without manual implements, for indications including limited range of motion, muscle spasm, pain, scar tissue, contracted tissue and soft tissue swelling, edema and inflammation, as described in instructional programs and materials of Traditional Eastern medicine or Asian health care.

(b)(A) Traditional Eastern medicine manual therapy as practiced in Oregon does not include high-velocity, short-amplitude, manipulative thrusting procedures to the articulations of the spine or extremities.

(B) Traditional Eastern medicine manual therapy as practiced in Oregon does not include internal pelvic massage (intravaginal, intra-anal, or intra-rectal) or genital massage.

(7) "Physician" means an individual licensed to practice medicine as a medical doctor or doctor of osteopathic medicine pursuant to ORS Chapter 677.

(8) “Traditional Eastern medicine” has the meaning given in ORS 677.010, as acupuncture and traditional Chinese medicine, regulated by ORS chapter 677 if the medicine is practiced within the context of a person’s license to practice acupuncture issued under ORS 677.757 to 677.770.

History

Statutory/Other Authority: ORS 677.265 & 677.759
Statutes/Other Implemented: ORS 677.265, 677.757, 677.759 & 677.780
OMB 5-2026, amend filed 01/12/2026, effective 01/12/2026
OMB 8-2020, amend filed 07/15/2020, effective 07/15/2020
OMB 3-2017, f. & cert. ef. 1-6-17
OMB 3-2015, f. & cert. ef. 1-13-15
BME 21-2008, f. & cert. ef. 7-21-08
ME 4-1995, f. & cert. ef. 5-3-95
ME 6-1993, f. & cert. ef. 4-22-93
ME 6-1984, f. & ef. 1-20-84
ME 9-1982, f. & ef. 10-27-82
ME 2-1981, f. & ef. 2-3-81
ME 4-1979, f. & ef. 5-1-79
ME 31, f. 9-9-75, ef. 10-11-75

Or. Admin. R. 847-070-0007 Practice of Acupuncture

(1) No person may practice acupuncture without first obtaining a license to practice medicine and surgery or a license to practice acupuncture from the Oregon Medical Board.

(2) A physician who desires to be approved as a clinical supervisor must meet the requirements of OAR 847-070-0015.

History

Statutory/Other Authority: ORS 677.265, 677.756 & 677.759
Statutes/Other Implemented: ORS 677.759
OMB 3-2015, f. & cert. ef. 1-13-15
ME 4-1995, f. & cert. ef. 5-3-95
ME 6-1984, f. & ef. 1-20-84

Or. Admin. R. 847-070-0015 Application

(1) Every applicant must satisfactorily complete an application and document evidence of qualifications listed in OAR 847-070-0016 to the satisfaction of the Board. Such application and documentation must be complete before an applicant may be considered eligible for licensure.

(2) When applying for licensure, the applicant must submit to the Board the completed application, fees, documents, letters, and any civil penalties or hearing costs that may be due.

(3) False documentation is grounds for denial of licensure or disciplinary action by the Board.

(4) An applicant applying for licensure under these rules who has not completed the licensure process within a 6 month consecutive period must file a new application, documents, letters and pay a full filing fee as if filing for the first time.

(5) No applicant is entitled to licensure who:

(a) Has had his/her license or certificate revoked or suspended in this or any other state unless the said license or certificate has been restored or reinstated and the applicant’s license or certificate is in good standing in the state which had revoked the same;

(b) Has been refused a license or certificate in any other state on any grounds other than failure in an acupuncture licensure examination; or

History

Statutory/Other Authority: ORS 677.265 & 677.759
Statutes/Other Implemented: ORS 677.759
OMB 10-2026, amend filed 07/02/2026, effective 07/02/2026
OMB 9-2024, amend filed 04/09/2024, effective 04/09/2024
OMB 3-2015, f. & cert. ef. 1-13-15
BME 5-1998, f. & cert. ef. 4-22-98
ME 5-1997, f. & cert. ef. 11-3-97
ME 11-1995, f. & cert. ef. 11-21-95
ME 4-1995, f. & cert. ef. 5-3-95
ME 6-1994, f. & cert. ef. 1-24-94
ME 11-1993, f. & cert. ef. 7-27-93
ME 7-1993(Temp), f. 4-22-93, cert. ef. 4-23-93
ME 6-1993, f. & cert. ef. 4-22-93
ME 1-1992, f. & cert. ef. 1-21-92
ME 8-1991, f. & cert. ef. 7-24-91
ME 3-1991(Temp), f. & cert. ef. 4-19-91
ME 22-1989, f. & cert. ef. 10-20-89
ME 8-1988, f. 6-10-88, cert. ef. 6-6-88
ME 24-1987, f. & ef. 10-29-87
ME 19-1987(Temp), f. & ef. 8-7-87
ME 6-1987, f. & ef. 1-23-87
ME 13-1986, f. & ef. 7-31-86
ME 10-1985, f. & ef. 8-5-85
ME 1-1985, f. & ef. 1-21-85
ME 6-1984, f. & ef. 1-20-84
ME 9-1982, f. & ef. 10-27-82
ME 2-1981, f. & ef. 2-3-81
ME 2-1980, f. & ef. 1-30-80
ME 4-1979, f. & ef. 5-1-79
ME 31, f. 9-9-75, ef. 10-11-75

Or. Admin. R. 847-070-0016 Qualifications

(1) An applicant for licensure as an acupuncturist must have:

(a) Graduated from an acupuncture program that satisfies the standards of the Accreditation Commission for Acupuncture and Herbal Medicine (ACAHM), or its successor organization, or an equivalent accreditation body that are in effect at the time of the applicant's graduation. An acupuncture program may be established as having satisfied those standards by demonstration of one of the following:

(A) Accreditation, or candidacy for accreditation by ACAHM at the time of graduation from the acupuncture program; or

(B) Approval by a foreign government’s Ministry of Education, or Ministry of Health, or equivalent foreign government agency at the time of graduation from the acupuncture program. Each applicant must submit their documents to a foreign credential equivalency service, which is approved by the National Certification Board for Acupuncture and Herbal Medicine (NCBAHM) for the purpose of establishing equivalency to the ACAHM accreditation standard. Acupuncture programs that wish to be considered equivalent to an ACAHM accredited program must also meet the curricular requirements of ACAHM in effect at the time of graduation.

(b) Current certification in acupuncture by the NCBAHM. An applicant will be deemed certified by the NCBAHM in Acupuncture if the applicant has passed the NCBAHM Acupuncture Certification Examinations or has been certified through the NCBAHM Credentials Documentation Examination.

(A) The applicant must pass three (3) NCBAHM Certification exam components: Biomedicine, Foundations of Oriental Medicine, and Acupuncture with Point Location.

(B) The applicant has no more than four attempts to pass each component of the NCBAHM Certification Exam listed in subsection (A) of this section. If the applicant does not pass each component of the NCBAHM Certification Exam within four attempts, the applicant is not eligible for licensure.

(C) An applicant who has passed each component of the NCBAHM Certification Exam but not within the four attempts required by this rule may request a waiver of this requirement if the applicant passed each component of the exam within five attempts and:

(i) Has obtained a Doctor of Acupuncture and Oriental Medicine degree; or

(ii) Experienced extenuating circumstances that do not indicate an inability to safely practice acupuncture as determined by the Board.

(2) An applicant who does not meet the criteria in OAR 847-070-0016(1) must have the following qualifications:

(a) Five years of licensed clinical acupuncture practice in the United States. This practice must include a minimum of 500 acupuncture patient visits per year. Documentation must include:

(A) Two affidavits from office partners, clinic supervisors, accountants, or others approved by the Board, who have personal knowledge of the years of practice and number of patient visits per year; and

(B) Notarized copies of samples of appointment books, patient charts and financial records, or other documentation as required by the Board; and

(b) Practice as a licensed acupuncturist in the U.S. during five of the last seven years prior to application for Oregon licensure. Licensed practice includes clinical practice, clinical supervision, teaching, research, and other work as approved by the Board within the field of acupuncture and Traditional Eastern medicine. Documentation of this practice will be required and is subject to Board approval; and

(c) Successful completion of the ACAHM western medicine requirements in effect at the time of graduation from the acupuncture program, unless the applicant graduated from a non-accredited acupuncture program prior to 1989; and

(d) Current certification in acupuncture by the NCBAHM. An applicant will be deemed certified in Acupuncture by the NCBAHM if the applicant has passed the NCBAHM Acupuncture Certification Examinations or has been certified through the NCBAHM Credentials Documentation Examination.

(A) The applicant must pass three (3) NCBAHM Certification exam components: Biomedicine, Foundations of Oriental Medicine, and Acupuncture with Point Location.

(i) Has obtained a Doctor of Acupuncture and Oriental Medicine degree; or

(ii) Experienced extenuating circumstances that do not indicate an inability to safely practice acupuncture as determined by the Board.

(3) An individual whose acupuncture training and diploma were obtained in a foreign country and who cannot document the requirements of subsections (1) or (2) of this rule because the required documentation is now unobtainable, may be considered eligible for licensure if it is established to the satisfaction of the Board that the applicant has equivalent skills and training and can document one year of training or supervised practice under a licensed acupuncturist in the United States.

(4) In addition to meeting the requirements in (1), (2) or (3) of this rule, all applicants for licensure must have the following qualifications:

(a) Licensure in good standing from the state or states of all prior and current health related licensure; and

(b) Have good moral character as those traits would relate to the applicant's ability properly engage in the practice of acupuncture; and

(c) Have the ability to communicate in the English language well enough to be understood by patients and physicians. This requirement is met if the applicant passes the NCBAHM written acupuncture examination in English, or if in a foreign language, must also have passed an English language proficiency examination:

(A) A Test of English as a Foreign Language (TOEFL) score of 500 or more for the written TOEFL exam, 173 or more for the computer based TOEFL exam, or 65 or more for the internet based TOFEL exam;

(B) A Test of Spoken English (TSE) score of 200 or more prior to July 1995, and a score of 50 or more after July 1995; or

(C) A Occupational English Test score of at least 350 for speaking and at least 300 for reading, writing, and listening on any OET health-related profession.

(d) An applicant who is certified through the NCBAHM Credentials Documentation Examination must also have passed an English proficiency examination described in subsection (c).

History

Statutory/Other Authority: ORS 677.265 & ORS 677.759
Statutes/Other Implemented: ORS 677.265, ORS 677.759 & ORS 677.780
OMB 5-2026, amend filed 01/12/2026, effective 01/12/2026
OMB 4-2025, amend filed 01/13/2025, effective 01/13/2025
OMB 1-2024, amend filed 01/08/2024, effective 01/08/2024
OMB 6-2018, amend filed 01/05/2018, effective 01/05/2018
OMB 3-2015, f. & cert. ef. 1-13-15
BME 14-2009, f. & cert. ef. 7-20-09
BME 21-2008, f. & cert. ef. 7-21-08
BME 7-2008(Temp), f. & cert. ef. 4-24-08 thru 10-6-08
BME 10-2007, f. & cert. ef. 4-26-07
BME 21-2006, f. & cert. ef. 10-23-06
BME 12-2005, f. & cert. ef. 10-12-05
BME 6-2002, f. & cert. ef. 4-23-02
BME 13-2001, f. & cert. ef. 10-30-01
BME 16-1999, f. & cert. ef. 10-28-99
BME 15-1998, f. & cert. ef. 10-26-98
BME 5-1998, f. & cert. ef. 4-22-98
ME 5-1997, f. & cert. ef. 11-3-97

Or. Admin. R. 847-070-0017 Clinical Training

(1) A clinical supervisor must meet the following requirements:

(a) Be an actively licensed Oregon acupuncturist who has practiced as an acupuncturist for a period of at least five years, and is in good standing with the Board; or

(b) Be an actively licensed Oregon physician who is in good standing with the Board, who has been practicing acupuncture for a period of at least five years, and has passed the examination for acupuncture; or

(c) Be an acupuncturist or physician licensed, registered, or certified by another jurisdiction, who is in good standing with such jurisdiction, who has been practicing acupuncture for a period of a least five years and has passed a qualifying examination for acupuncture, or been certified in acupuncture by the National Certification Board for Acupuncture and Herbal Medicine (NCBAHM) through its Credentials Documentation Examination. If a portion of those five or more years was prior to licensing, registration, or certification, then prior practice must be documented to the Board's satisfaction. The NCBAHM Certification Standards for Documentation will be used. All clinical supervisors under this section are subject to Board approval.

(2) Board approved clinical supervisors, acupuncturists or physicians may supervise no more than two acupuncture students in an informal private clinical setting.

(3) An “acupuncture student” is an individual:

(a) Enrolled in a school approved to offer credit for post-secondary clinical education in Oregon; or

(b) A practitioner licensed to practice acupuncture in another state or foreign country who is enrolled in clinical training provided by a clinical supervisor approved by the Oregon Medical Board.

(4) An acupuncture student must comply with OAR 847-070-0005 to 847-070-0055.

(5) An acupuncture student may not perform any act that constitutes the practice of medicine or the practice of acupuncture, except under direct supervision of a person approved by the Board as a clinical supervisor to provide clinical training as described in this rule.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.060(3)
OMB 5-2026, amend filed 01/12/2026, effective 01/12/2026
OMB 2-2024, amend filed 01/08/2024, effective 01/08/2024
BME 15-2000, f. & cert. ef. 10-30-00
BME 5-1999, f. & cert. ef. 4-22-99
ME 6-1994, f. & cert. ef. 1-24-94
ME 6-1993, f. & cert. ef. 4-22-93
ME 8-1988, f. 6-10-88, cert. ef. 6-6-88
ME 13-1986, f. & ef. 7-31-86
ME 10-1985, f. & ef. 8-5-85
ME 14-1984, f. & ef. 8-2-84
ME 6-1984, f. & ef. 1-20-84

Or. Admin. R. 847-070-0019 Interview and Examination

(1) In addition to all other requirements for licensure, the Board may require an applicant to appear for a personal interview regarding information received in the application process. Unless excused in advance, failure to appear before a Committee of the Board for a personal interview violates ORS 677.190(17) and may subject the applicant to disciplinary action.

(2) If there is reasonable cause to question the qualifications of an applicant, the Board in its discretion may require the applicant to do one or more of the following:

(a) Obtain certification or re-certification in Acupuncture or Oriental Medicine by the National Certification Board for Acupuncture and Herbal Medicine (NCBAHM);

(b) Pass an evaluation which may be written, oral, practical, or any combination thereof;

(d) Complete 15 hours of continuing education acceptable to the Board for every year the applicant has ceased practice prior to application for Oregon licensure. Continuing education that meets NCBAHM’s recertification requirements would qualify as Board-approved continuing education;

(e) Complete a Board-approved mentorship tailored to the applicant’s time out of practice under a Board-approved mentor who must individually supervise the applicant. The mentor must report the successful completion of the mentorship to the Board.

(3) An applicant must pass an open-book examination on the Medical Practice Act (ORS Chapter 677) and Oregon Administrative Rules (OAR chapter 847, division 70). If an applicant fails the examination three times, the applicant must attend an informal meeting with a Board member, the Executive Director, a Board investigator and/or the Medical Director of the Board to discuss the applicant’s failure of the examination before being given a fourth and final attempt to pass the examination. If the applicant does not pass the examination on the fourth attempt, the applicant may be denied licensure.

History

Statutory/Other Authority: ORS 677.265 & 677.759
Statutes/Other Implemented: ORS 677.759
OMB 5-2026, amend filed 01/12/2026, effective 01/12/2026
OMB 3-2019, amend filed 10/10/2019, effective 10/10/2019
OMB 14-2016, f. & cert. ef. 10-7-16
OMB 3-2015, f. & cert. ef. 1-13-15
OMB 8-2014, f. & cert. ef. 1-14-14
BME 5-2009, f. & cert. ef. 1-22-09
BME 21-2006, f. & cert. ef. 10-23-06
BME 12-2005, f. & cert. ef. 10-12-05

Or. Admin. R. 847-070-0020 Regulation of Activities of Acupuncturists

(1) An individual other than a physician who is not authorized by the Board to engage in the practice of acupuncture shall not administer acupuncture treatment to any other individual.

(2) An acupuncturist shall report promptly to the referring physician, if requested, the method of acupuncture treatment and the results of such treatment together with such other information as the referring physician requires to maintain the records regarding acupuncture treatment.

(3) An acupuncturist must clearly indicate that he/she is an acupuncturist to individuals being treated. The acupuncturist must wear a name tag with the designation "Acupuncturist" thereon when practicing in a hospital or clinic setting where other health care providers practice. Acupuncturists are not required to wear name tags in a private practice setting.

(4) An acupuncturist shall not represent him/herself as a physician or permit another to so represent him/her.

(5) As provided in ORS 676.110, an acupuncturist who has earned a doctoral degree in acupuncture may use the title “doctor” in connection with the practice of acupuncture if:

(a) The doctoral degree program holds federally recognized accreditation, and

(b) The specific doctoral degree is designated in all professional communications as required by ORS 676.110(2).

(6) An acupuncturist may engage in the practice of acupuncture via telemedicine for patients located in Oregon.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.759 & ORS 676.110
OMB 5-2023, amend filed 01/11/2023, effective 01/11/2023
OMB 6-2021, amend filed 07/12/2021, effective 07/12/2021
BME 5-2009, f. & cert. ef. 1-22-09
BME 16-1999, f. & cert. ef. 10-28-99
ME 6-1984, f. & ef. 1-20-84
ME 9-1982, f. & ef. 10-27-82
ME 4-1979, f. & ef. 5-1-79
ME 31, f. 9-9-75, ef. 10-11-75

Or. Admin. R. 847-070-0022 Documents to be Submitted for Licensure

The documents submitted must be legible and no larger than 8 ½" x 11". All documents and photographs will be retained by the Board as a permanent part of the application file. If original documents are larger than 8 ½" x 11", the copies must be reduced to the correct size with all wording and signatures clearly shown. Official translations are required for documents issued in a foreign language. The following documents are required:

(1) Application: Completed formal application provided by the Board. Required dates must include month, day and year.

(3) Acupuncture School Diploma: A copy of a diploma showing graduation from an approved school of acupuncture for those applicants who qualify under OAR 847-070-0016(1).

(4) Photograph: A close-up, passport-quality photograph, front view, head and shoulders (not profile), with features distinct, taken within 90 days preceding the filing of the application.

(5) A letter from the Dean of the applicant’s program of acupuncture for those applicants who qualify under OAR 847-070-0016(1).

(6) A letter from the National Certification Board for Acupuncture and Herbal Medicine (NCBAHM) verifying current certification in acupuncture by the NCBAHM for those applicants who qualify under OAR 847-070-0016(1) or (2).

(7) If requested by the Board, a letter verifying licensure in good standing from the state or states of all prior and current health-related licensure.

(8)(a) A letter from the Director or other official for practice and employment to include a statement regarding eligibility for rehire and specific beginning and ending dates of practice and employment, for the past five (5) years only.

(b) If the applicant has ceased practice for more than two (2) years, employment verifications will be required for the past ten (10) years or redacted patient logs from the past five (5) years.

(c) If such verification is unavailable or incomplete, and for acupuncturists who have been or are in solo practice, three reference letters from acupuncturists in the local treatment community who are familiar with the applicant’s practice and who have known the applicant for more than six months.

History

Statutory/Other Authority: ORS 677.265 & 677.759
Statutes/Other Implemented: ORS 677.275 & 677.759
OMB 5-2026, amend filed 01/12/2026, effective 01/12/2026
OMB 13-2024, amend filed 07/15/2024, effective 07/15/2024
OMB 23-2022, amend filed 10/12/2022, effective 10/12/2022
OMB 3-2015, f. & cert. ef. 1-13-15
BME 19-2007, f. & cert. ef. 10-24-07
BME 21-2006, f. & cert. ef. 10-23-06

Or. Admin. R. 847-070-0024 Application for Licensure by Military Spouse or Domestic Partner

(1) “Military spouse or domestic partner” means a spouse or domestic partner of an active member of the Armed Forces of the United States who is the subject of a military transfer to Oregon.

(2) To qualify for licensure under this rule, the military spouse or domestic partner must:

(a) Meet the qualifications for licensure as stated in OAR 847-070-0016;

(b) Be married to, or in a domestic partnership with, a member of the Armed Forces of the United States who is assigned to a duty station located in Oregon by official active duty military order;

(e) Demonstrate competency by having at least one year of active practice or teaching of acupuncture during the three years immediately preceding the application.

(3) If a military spouse or domestic partner applies for a license to practice acupuncture, the Board may accept:

(a) A copy of the acupuncture school diploma to fulfill the requirement for a letter from the Dean of the applicant’s acupuncture school; and

(b) Verification of licensure in good standing from the jurisdiction of current or most recent practice of acupuncture to fulfill the requirement of verifications of licensure from all jurisdictions of prior and current health related licensure.

(4) In addition to the documents required in section (3) of this rule and in OAR 847-070-0022, the military spouse or domestic partner must submit a copy of the:

(a) Marriage certificate or domestic partnership registration with the name of the applicant and the name of the active duty member of the Armed Forces of the United States; and

(b) Assignment to a duty station located in Oregon by official active duty military order for the spouse or domestic partner named in the marriage certificate or domestic partnership registration.

(5) A military spouse or domestic partner may obtain a temporary authorization for a license to practice medicine after satisfying sections (2) through (4) of this rule.

History

Statutory/Other Authority: ORS 677.265, Oregon Laws 2019, chapter 142 (HB 3030) & Oregon Laws 2019, chapter 626 (SB 688)
Statutes/Other Implemented: ORS 677.275, ORS 677.759, ORS 676.308, Oregon Laws 2019, chapter 142 (HB 3030) & Oregon Laws 2019, chapter 626 (SB 688)
OMB 3-2020, amend filed 01/16/2020, effective 01/16/2020
OMB 35-2013, f. & cert. ef. 10-15-13
OMB 21-2013(Temp), f. 8-2-13, cert. ef. 8-3-13 thru 1-30-14

Or. Admin. R. 847-070-0025 Disciplinary Proceedings

The Board may suspend or revoke the authority of an acupuncturist to engage in the practice of acupuncture and any disciplinary proceedings against an acupuncturist or any individual charged with the unlawful practice of acupuncture shall be in accordance with ORS Chapter 183.

History

Statutory/Other Authority: ORS 183 & 677
Statutes/Other Implemented: ORS 677.190
ME 9-1982, f. & ef. 10-27-82
ME 4-1979, f. & ef. 5-1-79
ME 31, f. 9-9-75, ef. 10-11-75

Or. Admin. R. 847-070-0030 Revocation or Suspension of Authority to Engage in the Practice of Acupuncture

The Board may suspend or revoke the authority of an acupuncturist to engage in the practice of acupuncture if the Board finds that:

(1) The acupuncturist has represented him/herself as a physician or permitted another to so represent him/her.

(2) The acupuncturist has performed any act involving the practice of acupuncture in violation of any applicable law or rules regulating the practice of acupuncture.

(3) The acupuncturist has engaged in conduct constituting gross negligence in the practice of acupuncture.

(4) The acupuncturist is manifestly incapable to engage in the practice of acupuncture.

(5) The acupuncturist has violated any of the provisions of ORS 677.190.

History

Statutory/Other Authority: ORS 677
Statutes/Other Implemented: ORS 677.190
ME 6-1984, f. & ef. 1-20-84
ME 9-1982, f. & ef. 10-27-82
ME 4-1979, f. & ef. 5-1-79
ME 31, f. 9-9-75, ef. 10-11-75

Or. Admin. R. 847-070-0033 Visiting Acupuncturist Requirements

(1) The Oregon Medical Board may grant approval for a visiting acupuncturist to demonstrate acupuncture needling as part of a seminar, conference, or workshop sponsored by an Oregon school or an Oregon school’s program of acupuncture or Traditional Eastern medicine, or professional organization of acupuncture, or any seminar, conference, or workshop approved by the National Certification Board for Acupuncture and Herbal Medicine (NCBAHM) to provide continuing education training for a period up to ten days no more than three times a year. The visiting acupuncturist who requests additional time beyond the ten days, or submits more than three requests in a year, must apply for and obtain a license to practice in the state of Oregon. An Oregon licensed acupuncturist must be in attendance at the seminar, conference or workshop.

(2) Prior to being granted approval, the following information must be submitted to the Oregon Medical Board:

(a) A letter from the school or program of acupuncture or Traditional Eastern medicine, or organization which will have an out-of-state acupuncturist demonstrate needling as part of a seminar, conference, or workshop with the following information:

(A) Dates of the seminar, conference, or workshop in which the visiting acupuncturist will be demonstrating acupuncture needling;

(B) Description of the seminar, conference or workshop;

(C) Name of the responsible Oregon acupuncturist, licensed under ORS 677, actively registered and in good standing with the Board, who will be in attendance and responsible for the conduct of the visiting acupuncturist at the seminar, conference or workshop.

(D) A curriculum vitae for the visiting acupuncturist; and

(b) If the visiting acupuncturist is licensed, certified or registered to practice as an acupuncturist in the state in which the acupuncturist is practicing, the visiting acupuncturist must provide documentation that their license, certificate, or registration is active and in good standing.

(3) The request for approval to practice in the state of Oregon as a visiting acupuncturist must be received at least two weeks prior to the beginning date of such practice.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.265
OMB 5-2026, amend filed 01/12/2026, effective 01/12/2026
BME 19-2004, f. & cert. ef. 10-20-04
BME 9-2004, f. & cert. ef. 4-22-04

Or. Admin. R. 847-070-0037 Limited License, Pending Examination

(1) An acupuncturist who meets all requirements for Oregon acupuncture licensure but has not yet passed the acupuncture certification examination given by the National Certification Board on Acupuncture and Herbal Medicine (NCBAHM) may be issued a Limited License, Pending Examination for the purpose of obtaining clinical training in Oregon under the supervision of a Board approved clinical supervisor if the following criteria are met:

(a) The application file is complete to the satisfaction of the Board with the exception of pending certification by the NCBAHM;

(b) The applicant has not previously failed the NCBAHM examination;

(c) The clinical supervisor approved to supervise the applicant meets the qualifications in OAR 847-070-0017 and is on-site and available to supervise at all times when the applicant is training; and

(d) The applicant has submitted the appropriate form and fee prior to being issued a Limited License, Pending Examination.

(2) Any person obtaining clinical training under a Limited License, Pending Examination must identify themselves to patients as an acupuncture trainee and wear a name tag identifying themselves as a trainee.

(3) A Limited License, Pending Examination may be granted for a period of six months.

(4) Upon receipt of verification that the applicant has passed the acupuncture certification examination given by the NCBAHM, and if the applicant's application file is otherwise satisfactorily complete, the applicant shall be scheduled for approval of permanent licensure.

(5) The Limited License, Pending Examination will automatically expire if the applicant fails the acupuncture certification examination given by the NCBAHM.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.759
OMB 5-2026, amend filed 01/12/2026, effective 01/12/2026
OMB 11-2018, amend filed 10/13/2018, effective 10/13/2018
OMB 16-2014, f. & cert. ef. 10-8-14
OMB 7-2014, f. & cert. ef. 1-14-14
BME 19-2007, f. & cert. ef. 10-24-07
BME 5-1999, f. & cert. ef. 4-22-99

Or. Admin. R. 847-070-0038 Limited License, Visiting Professor

(1) An acupuncturist who has received a teaching position in a school of acupuncture in this state may be issued a Limited License, Visiting Professor if the following criteria are met:

(a) The applicant has established to the satisfaction of the Board that he/she has the skills and training equivalent to OAR 847-070-0016 (1);

(b) The applicant has at least five years experience as an acupuncturist; and

(2) The head of the acupuncture school in which the applicant will be teaching shall certify in writing to the Board that the applicant has been offered a teaching position which will be under the direction of the head of the department and will not be permitted to practice acupuncture unless as a necessary part of the applicant’s teaching position as approved by the Board.

(3) An acupuncturist who is applying for a Limited License, Visiting Professor may also be approved as a clinical supervisor if the applicant meets the requirements of OAR 847-070-0017.

(4) The Limited License, Visiting Professor may be granted for one year and may be granted a total of two one-year extensions upon annual review of the written justification of the need based upon academic necessity. The renewal form and fee must be submitted 30 days before the end of the year if an extension of the Limited License, Visiting Professor is requested.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.265 & 677.759
BME 10-2007, f. & cert. ef. 4-26-07
BME 15-2003, f. & cert. ef. 10-23-03
BME 14-2001, f. & cert. ef. 10-30-01
ME 5-1997, f. & cert. ef. 11-3-97
ME 10-1996, f. & cert. ef. 10-29-96
ME 6-1993, f. & cert. ef. 4-22-93
ME 9-1991, f. & cert. ef. 7-24-91
ME 8-1990, f. & cert. ef. 4-25-90
ME 13-1989, f. & cert. ef. 8-4-89
ME 1-1985, f. & ef. 1-21-85
ME 6-1984, f. & ef. 1-20-84
ME 9-1982, f. & ef. 10-27-82
ME 2-1981, f. & ef. 2-3-81

Or. Admin. R. 847-070-0039 Registration

(1) Upon Board approval of an applicant to be licensed to practice acupuncture, the applicant must pay the registration fee before being issued a certificate.

(2) An application for renewal of the biennial registration and the statutory registration fee shall be submitted to the Oregon Medical Board prior to midnight June 30 of every even-numbered year.

(3) Upon failure to comply with section (1) and (2) of this rule, the license shall lapse as per ORS 677.228.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.228 & 677.265
ME 10-1996, f. & cert. ef. 10-29-96
ME 6-1994, f. & cert. ef. 1-24-94
ME 6-1993, f. & cert. ef. 4-22-93

Or. Admin. R. 847-070-0045 Inactive Registration and Re-Entry to Practice

(1) Any acupuncturist licensed in this state who changes location to some other state or country shall be listed by the Board as inactive.

(2) If the acupuncturist wishes to resume active status, the acupuncturist must file an Affidavit of Reactivation and pay a processing fee, satisfactorily complete the reactivation process and be approved by the Board before beginning active practice in Oregon.

(3) The Board may deny active registration if it judges the conduct of the acupuncturist during the period of inactive registration to be such that the acupuncturist would have been denied a license if applying for an initial license.

(4) If an acupuncturist applicant has ceased practice for a period of 12 or more consecutive months immediately preceding the application for licensure or reactivation, the applicant may be required to do one or more of the following:

(a) Obtain certification or re-certification in Acupuncture or Oriental Medicine by the National Certification Board for Acupuncture and Herbal Medicine (NCBAHM);

(b) Provide documentation of current NCBAHM Acupuncture or Oriental Medicine certification;

(d) Complete a Board-approved mentorship tailored to the applicant’s time out of practice under a Board-approved mentor who must individually supervise the licensee. The mentor must report the successful completion of the mentorship to the Board; and

(e) Additional requirements as determined appropriate by the Board.

(5) The acupuncturist applicant who has ceased practice for a period of 24 or more consecutive months may be required to complete a re-entry plan to the satisfaction of the Board. The re-entry plan must be reviewed and approved through a Consent Agreement for Re-entry to Practice prior to the applicant beginning the re-entry plan. Depending on the amount of time out of practice, the re-entry plan may contain one or more of the requirements listed in section (4) of this rule and such additional requirements as determined appropriate by the Board.

History

Statutory/Other Authority: ORS 677.265 & ORS 677.759
Statutes/Other Implemented: ORS 677.759 & ORS 677.175
OMB 5-2026, amend filed 01/12/2026, effective 01/12/2026
OMB 7-2020, amend filed 04/07/2020, effective 04/07/2020
OMB 3-2019, amend filed 10/10/2019, effective 10/10/2019
OMB 10-2016, f. & cert. ef. 10-7-16
OMB 3-2015, f. & cert. ef. 1-8-16
OMB 3-2015, f. & cert. ef. 1-13-15
OMB 11-2014, f. & cert. ef. 4-9-14
OMB 8-2012, f. & cert. ef. 2-10-12
BME 5-2009, f. & cert. ef. 1-22-09
BME 12-2005, f. & cert. ef. 10-12-05
BME 16-1999, f. & cert. ef. 10-28-99
ME 10-1996, f. & cert. ef. 10-29-96
ME 6-1993, f. & cert. ef. 4-22-93
ME 24-1987, f. & ef. 10-29-87

Or. Admin. R. 847-070-0050 Acupuncture Advisory Committee

(1) An Acupuncture Advisory Committee is established. The committee must consist of six members appointed by the Board. The Board must appoint one of its members, two physicians, and three acupuncturists licensed by the Board. The acupuncture members may be appointed from nominations of the Oregon Association of Acupuncturists and other professional acupuncture organizations.

(2) The term of office of a member of the committee is three years, and members may be reappointed to serve not more than two terms. Vacancies in the committee must be filled by appointment by the Board for the balance of the unexpired term, and each member must serve until a successor is appointed and qualified.

(3) The Board may remove any member from the committee.

(4) The committee elects its own chairperson with such powers and duties as fixed by the committee.

(5) The committee members are entitled to compensation and expenses as provided for Board members in ORS 677.235.

History

Statutory/Other Authority: ORS 677.265 & 677.759
Statutes/Other Implemented: ORS 677.235, 677.265, 677.759 & 677.780
OMB 1-2022, amend filed 01/11/2022, effective 01/11/2022
OMB 18-2013, f. & cert. ef. 7-12-13
OMB 16-2011, f. & cert. ef. 7-13-11
BME 19-2007, f. & cert. ef. 10-24-07
BME 14-2001, f. & cert. ef. 10-30-01
BME 15-1998, f. & cert. ef. 10-26-98
ME 10-1996, f. & cert. ef. 10-29-96
ME 4-1995, f. & cert. ef. 5-3-95

Or. Admin. R. 847-070-0055 Duties of the Committee

The Acupuncture Advisory Committee shall:

(1) Review and recommend approval or disapproval of all applications submitted to the Board for acupuncture licensing and for renewal thereof.

(2) Recommend to the Board standards of professional responsibility and practice for licensed acupuncturists.

(3) Recommend to the Board standards of didactic and clinical education and training for acupuncture licensing.

(4) Recommend to the Board standards for clinical supervisors and trainees.

(5) Recommend to the Board licensing examinations, and temporary licenses as considered appropriate.

History

Statutory/Other Authority: ORS 677.265 & 677.757 - 677.770
Statutes/Other Implemented: ORS 677.265
BME 14-2001, f. & cert. ef. 10-30-01
ME 4-1995, f. & cert. ef. 5-3-95

Or. Admin. R. 847-070-0060 License Application Withdrawals and Denials

(1) An applicant may withdraw an application for licensure prior to review by the Board’s Administrative Affairs Committee or Acupuncture Advisory Committee. The Board will not report the withdrawal to the National Certification Board for Acupuncture and Herbal Medicine (NCBAHM). The applicant may submit a new application for licensure at any time.

(2) An applicant may withdraw an application for licensure up to 30 days after the Board has voted to deny the application on the basis that the applicant is not eligible for licensure for reason(s) other than the applicant’s failure to demonstrate good moral character. The Board will not report the withdrawal to the NCBAHM. The applicant may submit a new application for licensure at any time.

(3) An applicant may request to withdraw an application for licensure after review by the Administrative Affairs Committee. If the Board grants the request, the withdrawal will be reported to the NCBAHM. The applicant may submit a new application for licensure no sooner than two years after the date of withdrawal.

(5) An applicant whose application has been denied may submit a new application for licensure as stated in the Board’s Order, but no sooner than two years after the date of denial.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.265, ORS 677.100, ORS 677.190, ORS 677.220 & ORS 677.759
OMB 5-2026, amend filed 01/12/2026, effective 01/12/2026
OMB 4-2024, amend filed 01/08/2024, effective 01/08/2024
OMB 10-2017, adopt filed 10/26/2017, effective 10/26/2017

Division 71 FIVE-NEEDLE PROTOCOL

Or. Admin. R. 847-071-0000 Purpose Statement

Five-needle protocol (5NP) represents a unique fusion of ancient Eastern healing practices with modern healing and social justice movements. In Oregon, 5NP is a standardized, supportive treatment for individuals experiencing substance use disorders, mental health conditions, and trauma. The five points are the shen men, sympathetic, liver, kidney and lung points on the human outer ear. The Oregon Medical Board is responsible for establishing training and registration requirements and regulating the practice of 5NP technicians in order to expand access to safe, standardized, low-barrier treatment in a manner that protects individuals in Oregon accessing 5NP treatments.

History

Statutory/Other Authority: ORS 677.265 & OL 2025, chapter 296, section 2 (HB 2143)
Statutes/Other Implemented: OL 2025, chapter 296, section 2 (HB 2143)
OMB 1-2026, adopt filed 01/09/2026, effective 03/01/2026

Or. Admin. R. 847-071-0005 Definitions

As used in division 71 rules regulating five-needle protocol:

(1) “Acupuncture” has the meaning given in ORS 677.757.

(2) “Board” means the Oregon Medical Board.

(3) “Five-needle protocol” or “5NP” has the meaning given in Oregon Laws 2025, chapter 296, section 2, the standardized five-needle treatment protocol in which five points on the human outer ear are stimulated with sterile, single-use disposable needles, ear seeds or ear beads for the purpose of achieving temporary relief from the symptoms of substance use disorder, mental health conditions or trauma. The five points are the shen men, sympathetic, liver, kidney and lung points.

(4) “5NP technician” means an individual registered by the Oregon Medical Board to provide five-needle protocol treatments in Oregon.

History

Statutory/Other Authority: ORS 677.265 & OL 2025, chapter 296, section 2 (HB 2143)
Statutes/Other Implemented: OL 2025, chapter 296, section 2 (HB 2143)
OMB 1-2026, adopt filed 01/09/2026, effective 03/01/2026

Or. Admin. R. 847-071-0007 Five-Needle Protocol Registration Required

(1) Except as provided in sections (2) and (3) of this rule, no person may provide five-needle protocol (5NP) treatmentwithout first obtaining a registration from the Oregon Medical Board.

(2) An acupuncturist licensed under ORS 677.757 to 677.770 may provide 5NP treatment without additional 5NP registration.

(3) A physician licensed to practice medicine as a medical doctor or doctor of osteopathic medicine pursuant to ORS Chapter 677 may provide 5NP treatment without additional 5NP registration.

History

Statutory/Other Authority: ORS 677.265 & OL 2025, chapter 296, section 2 (HB 2143)
Statutes/Other Implemented: OL 2025, chapter 296, section 2 (HB 2143)
OMB 1-2026, adopt filed 01/09/2026, effective 03/01/2026

Or. Admin. R. 847-071-0020 Qualifications

(1) An applicant for registration as a five-needle protocol (5NP) technician must:

(a) Be at least 18 years of age;

(b) Have successfully completed a training program as described in OAR 847-071-0025. If the program was completed more than ten years before the date of application the applicant must demonstrate current competency through relevant courses or 5NP treatments; and

(c) Have good moral character as those traits would relate to the applicant's ability to provide 5NP treatments. Substance use disorder in remission, mental health conditions, or other lived experiences alone are not a reflection of current moral character.

(2) Criminal history is not an automatic disqualification for registration. The Board evaluates each applicant's background and experience and will consider additional information provided by the applicant.

(3) No applicant is entitled to registration who:

(a) Has had a registration, license, or certificate in a health-related field revoked or suspended unless the registration, license, or certificate has been restored or reinstated and the applicant is in good standing in the state which previously revoked the registration, license, or certificate;

(b) Has been refused a registration, license, or certificate in a health-related field on any grounds other than failure of a licensure examination; or

History

Statutory/Other Authority: ORS 677.265 & OL 2025, chapter 296, section 2 (HB 2143)
Statutes/Other Implemented: OL 2025, chapter 296, section 2 (HB 2143)
OMB 1-2026, adopt filed 01/09/2026, effective 03/01/2026

Or. Admin. R. 847-071-0025 Five-Needle Protocol Training

(1) Before training five-needle protocol (5NP) technicians in Oregon, a 5NP trainer must:

(a) Request board approval by providing required documentation demonstrating qualifications under this section, and

(b) Meet one of the following requirements:

(A) Be an actively licensed Oregon acupuncturist or a physician licensed under ORS 677.100 to 677.133 who is in good standing with the Oregon Medical Board and has been practicing auricular acupuncture for a period of at least two years; or

(B) Hold active 5NP technician registration issued by the Oregon Medical Board for a minimum of two years and co-teach a minimum of two 5NP training programs described in section (2) of the rule. The 5NP trainer that co-taught must provide the Oregon Medical Board a letter of recommendation and evaluation of the individual seeking approval as a 5NP trainer; or

(C) Be an active National Acupuncture Detoxification Association (NADA) Registered Trainer or People’s Organization of Community Acupuncture (POCA) Auricular Acu-Technician (AAT) Trainer.

(2) The 5NP training program must include at least 30 hours of didactic and 40 ears needled during supervised clinical training, mechanisms to monitor a participant’s engagement, and contain the following elements:

(a) Sanitation and hygiene techniques,

(b) Infection control precaution procedures,

(d) Ear needling and point location,

(e) Plans to address potential risks, side effects, and complications,

(f) Collaboration with other 5NP technicians, health care providers, and community resources,

(g) Trauma informed care,

(h) Origins of 5NP,

(i) Maintaining professional boundaries, and

(j) Reporting requirements.

(3) Training programs completed prior to the first adoption of this rule may be substantially similar to the requirements described in section (2) of this rule.

(4) A “5NP student” is an individual enrolled in a 5NP training program described in section (2) of this rule. This chapter does not prohibit a 5NP student from providing 5NP treatments rendered in the course of the training program.

History

Statutory/Other Authority: ORS 677.265 & OL 2025, chapter 296, section 2 (HB 2143)
Statutes/Other Implemented: OL 2025, chapter 296, section 2 (HB 2143)
OMB 1-2026, adopt filed 01/09/2026, effective 03/01/2026

Or. Admin. R. 847-071-0030 Application

(1) An application for registration as a five-needle protocol (5NP) technician may be accessed on the Board’s website.

(2) When applying for registration, the applicant must submit to the Board:

(a) A complete application provided by the Board,

(b) Registration and criminal records check fees as outlined in OAR 847-005-0005,

(d) The following documentation:

(A) Legal Name and Age: A copy of a birth certificate, state issued identification card, or other documentation as approved by the Board,

(B) Five-Needle Protocol Training: A copy of a certificate showing completion of a training program as described in OAR 847-071-0025 and if applicable documentation to demonstrate current competency as described in OAR 847-071-0020(1)(b),

(C) Photograph: A close-up, passport-quality photograph, front view, head and shoulders (not profile), with features distinct, taken within 90 days preceding the filing of the application, and

(D) Verification of other Health-Related Registration, License, or Certificate: If requested by the Board, verification from all states or territories in which the applicant currently or previously held a health-related license, registration, or certification to practice and evidence that the applicant is in good standing and not subject to any disciplinary action or pending investigations in that state or territory.

(3) An applicant may submit additional information on their background and experience for consideration.

(4) Every applicant must complete an application and document evidence of qualifications listed in OAR 847-071-0020 to the satisfaction of the Board before an applicant may be considered eligible for registration.

(5) The Board may query the National Practitioner Data Bank (NPDB) system during the application process.

(6) Omissions or providing false, misleading, incomplete, or deceptive statements or information on any Board application is grounds for denial of registration or disciplinary action by the Board.

(7) An application submitted with fees to the Board that is not complete within 90 days from application submission will expire.

(8) 5NP fees are not refundable and may not be credited toward other Board fees.

(9) An applicant whose application has been expired, withdrawn, or denied must submit a new application, documentation, and fees. While a new application and documentation is required, the Board may still consider information provided in previous applications.

History

Statutory/Other Authority: ORS 677.265 & OL 2025, chapter 296, section 2 (HB 2143)
Statutes/Other Implemented: OL 2025, chapter 296, section 2 (HB 2143)
OMB 1-2026, adopt filed 01/09/2026, effective 03/01/2026

Or. Admin. R. 847-071-0035 Registration

(1) Upon Board approval of an application, the Board will issue a registration and post the five-needle protocol (5NP) technician’s name, registration, and other applicable information on the Board’s website.

(2) A 5NP technician must hold an active registration to provide 5NP treatments.

(3) Registration expires December 31 of odd-numbered years and may be renewed biennially by:

(a) Submitting a Board-required renewal application;

(b) Paying the registration fee outlined in OAR 847-005-0005;

(d) Completing at least one hour per year of cultural competency courses or experiences that apply linguistic skills, use cultural information for therapeutic relationships, or elicit understanding and apply cultural and ethnic data in the process of clinical care, as provided in OAR 950-040-0020 or approved by the Oregon Health Authority under ORS 413.450.

(4) Upon failure to renew under section (3) of this rule, the registration will lapse.

(a) A 5NP technician may not provide treatments under a lapsed registration.

(b) Lapse of a registration is not discipline.

(5) A 5NP technician must keep a current mailing address on file with the Board.

(6) A 5NP technician who voluntarily chooses to not provide 5NP treatments in Oregon must be listed as expired.

(7) A 5NP technician with an expired registration must reapply by submitting a new application, documentation, and fees as outlined in OAR 847-005-0005.

(8) Failure to comply with laws and rules related to 5NP technicians may result in loss of registration.

History

Statutory/Other Authority: ORS 677.265, ORS 676.850 & OL 2025, chapter 296, section 2 (HB 2143)
Statutes/Other Implemented: ORS 676.850 & OL 2025, chapter 296, section 2 (HB 2143)
OMB 1-2026, adopt filed 01/09/2026, effective 03/01/2026

Or. Admin. R. 847-071-0040 Five-Needle Protocol Regulations

(1) Five-needle protocol (5NP) treatment must be practiced in accordance with Board rules and Oregon Laws 2025, chapter 296, section 2, including only:

(a) To provide temporary relief from the symptoms of substance use disorder, mental health conditions, or trauma; and

(b) Utilizing five ear points: shen men, sympathetic, liver, kidney, and lung points.

(2) A 5NP technician may not use the title “acupuncturist” or advertise or hold themselves out as being an acupuncturist or otherwise indicate they are authorized to practice acupuncture as defined in ORS 677.757.

(3) A 5NP technician must obtain written consent from the individual or the individual’s representative prior to providing treatment by:

(a) Clearly explaining the 5NP treatment, including needle placement, duration, and expected sensations;

(b) Discussing potential risks and realistic treatment outcomes;

(d) Having the individual self-identify the reason(s) for the 5NP treatment and date of treatment.

(4) Written consent for a 5NP treatment must be retained for at least three years from date of treatment and provided to the individual or the individual’s representative upon their request.

(5) For the individual and 5NP technician safety, a 5NP technician must:

(a) Use only sterile, single-use disposable needles, ear seeds, or ear beads;

(b) Adhere to sanitation and hygiene protocols;

(d) Establish clear procedures for handling complications or adverse reactions.

(6) A 5NP technician must set and maintain professional boundaries with all individuals receiving 5NP treatments and protect the individuals’ privacy and dignity.

History

Statutory/Other Authority: ORS 677.265 & OL 2025, chapter 296, section 2 (HB 2143)
Statutes/Other Implemented: ORS 192.556 & OL 2025, chapter 296, section 2 (HB 2143)
OMB 1-2026, adopt filed 01/09/2026, effective 03/01/2026

Or. Admin. R. 847-071-0050 Disciplinary Proceedings

(1) The Board may suspend or revoke the registration of a five-needle protocol (5NP) technician if the Board finds that the technician:

(a) Represented themself or allowed another person to represent them as a physician, acupuncturist, or other health care provider, unless the 5NP technician holds the appropriate license.

(b) Performed any act other than 5NP which constitutes the practice of acupuncture in violation of ORS 677.759 or Oregon Laws 2025, chapter 296.

(d) Is incompetent to provide 5NP treatments.

(e) Violated any of the provisions of ORS 677.190 or OAR 847-071-0040.

(2) Any Board investigation or disciplinary proceeding must be held in accordance with ORS Chapter 183, ORS 676.150 to 676.180, and ORS 677.184 to 677.228.

History

Statutory/Other Authority: ORS 677.265 & OL 2025, chapter 296, section 2 (HB 2143)
Statutes/Other Implemented: OL 2025, chapter 296, section 2 (HB 2143)
OMB 1-2026, adopt filed 01/09/2026, effective 03/01/2026

Division 80 PODIATRIC MEDICINE

Or. Admin. R. 847-080-0001 Definitions

(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 Oregon Medical Board of the State of Oregon.

(3) "Podiatric physician and surgeon" has the meaning given in ORS 677.010, a physician licensed under ORS 677.805 to 677.840 to practice podiatry.

(4) “Podiatry” has the meaning given in ORS 677.010:

(a) 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, and treatment involving the use of a general or spinal anesthetic if that treatment is performed in a hospital licensed under ORS 441.025 or in an ambulatory surgical center licensed by the Oregon Health Authority and is under the supervision of or in collaboration with a podiatric physician and surgeon;

(b) Assisting in the performance of surgery, as provided in ORS 677.814; and

(c) The treatment of skin, skin-related structures and subcutaneous masses, and wounds involving skin, skin-related structures and subcutaneous masses, on the human leg no further proximal than the tibial tubercle.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.805
OMB 8-2024, amend filed 01/08/2024, effective 01/08/2024
BME 22-2007, f. & cert. ef. 10-24-07
BME 8-2007, f. & cert. ef. 1-24-07
BME 11-2000, f. & cert. ef. 7-27-00
ME 6-1986, f. & ef. 4-23-86

Or. Admin. R. 847-080-0002 Application for Licensure

(1) When applying for licensure the applicant must submit to the Board the completed application, fees, documents, letters, and any civil penalties or hearing costs that may be due.

(2) A person applying for licensure under these rules who has not completed the licensure process within a 6 month consecutive period must file a new application, documents, letters and pay a full filing fee as if filing for the first time.

(3) The applicant may be required to appear before the Board for a personal interview regarding information received during the processing of the application. Unless excused in advance, failure to appear before the Board for a personal interview violates ORS 677.190(17) and may subject the applicant to disciplinary action.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.100, 677.190, 677.265, 677.810 & 677.840
OMB 10-2026, amend filed 07/02/2026, effective 07/02/2026
OMB 9-2024, amend filed 04/09/2024, effective 04/09/2024
OMB 9-2014, f. & cert. ef. 1-14-14
OMB 20-2013, f. & cert. ef. 7-12-13
BME 8-2007, f. & cert. ef. 1-24-07
ME 3-1990, f. & cert. ef. 1-29-90
ME 6-1986, f. & ef. 4-23-86

Or. Admin. R. 847-080-0010 Requirements for Licensure

The applicant for licensure must have:

(1) Graduated from a school or college of podiatric medicine accredited by the Council on Podiatric Medical Education (CPME) of the American Podiatric Medical Association.

(2) Successfully passed a licensing examination as provided in OAR 847-080-0018.

(3) Fulfilled one of the following:

(a) Satisfactory completion of one year of post-graduate training served in a hospital that is approved by the CPME, or

(b) Satisfactory completion of one year of post-graduate training in a hospital residency program that was not approved by the CPME and current certification by the American Board of Podiatric Medicine or the American Board of Foot and Ankle Surgery.

(4) Satisfactorily met the requirements of ORS 677.820 and 677.825.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.820, 677.825 & 677.830
OMB 7-2016, f. & cert. ef. 4-8-16
OMB 20-2013, f. & cert. ef. 7-12-13
BME 27-2008, f. & cert. ef. 10-31-08
BME 12-2008, f. & cert. ef. 4-24-08
BME 18-2006, f. & cert. ef. 7-25-06
BME 13-2005, f. & cert. ef. 10-12-05
BME 16-2004, f. & cert. ef. 7-13-04
ME 8-1994, f. & cert. ef. 4-29-94
ME 6-1986, f. & cert. ef. 4-23-86
ME 11-1985, f. & cert. ef. 8-6-85
ME 2-1984(Temp), f. & cert. ef. 1-20-84
ME 3-1983(Temp), f. & cert. ef. 10-3-83 thru 10-7-83
ME 7-1982, f. & cert. ef. 10-27-82
ME 4-1982, f. & cert. ef. 4-23-82

Or. Admin. R. 847-080-0013 Documents to Be Submitted for Licensure

(1) Application: Completed formal application provided by the Board. Required dates must include month, day and year.

(2) Birth Certificate: A copy of birth certificate.

(3) Doctor of Podiatric Medicine Diploma: A copy of a diploma showing graduation from a school of podiatry.

(4) Photograph: A close-up, color, passport quality photograph, front view, head and shoulders (not profile), with features distinct, taken within 90 days preceding the filing of the application.

(5) The results of a Practitioner Self-Query from the National Practitioner Data Bank sent directly to the Board by the applicant.

(6) Legible fingerprints as described in 847-008-0068 for the purpose of a criminal records background check.

(7) An open-book examination on the Medical Practice Act (ORS chapter 677) and Oregon Administrative Rules chapter 847. If an applicant fails the examination three times, the applicant must attend an informal meeting with a Board member, the Executive Director, a Board investigator or the Medical Director of the Board to discuss the applicant’s failure of the examination, before being given a fourth and final attempt to pass the examination. If the applicant does not pass the examination on the fourth attempt, the applicant may be denied licensure.

(8) Any other documentation or explanatory statements as required by the Board.

History

Statutory/Other Authority: ORS 677.265 & 677.820
Statutes/Other Implemented: ORS 181.534, 677.820, 677.825 & 677.830
OMB 14-2016, f. & cert. ef. 10-7-16
OMB 20-2013, f. & cert. ef. 7-12-13
BME 17-2007, f. & cert. ef. 7-23-07
ME 17-1987, f. & ef. 8-3-87
ME 6-1986, f. & ef. 4-23-86

Or. Admin. R. 847-080-0016 Application for Licensure by Military Spouse or Domestic Partner

(1) “Military spouse or domestic partner” means a spouse or domestic partner of an active member of the Armed Forces of the United States who is the subject of a military transfer to Oregon.

(2) To qualify for licensure under this rule, the military spouse or domestic partner must:

(a) Meet the requirements for licensure as stated in OAR 847-080-0010;

(b) Be married to, or in a domestic partnership with, a member of the Armed Forces of the United States who is assigned to a duty station located in Oregon by official active duty military order;

(e) Demonstrate competency by having at least one year of active practice or teaching of podiatric medicine during the three years immediately preceding the application.

(3) If a military spouse or domestic partner applies for a license to practice podiatric medicine, the Board may accept:

(a) A copy of the podiatric medical school diploma to fulfill the requirement for a Dean’s Letter of Recommendation and the Verification of Medical Education form; and

(b) Verification of licensure in good standing from the jurisdiction of current or most recent practice of podiatric medicine to fulfill the requirement of verifications of licensure from all jurisdictions of prior and current health related licensure.

(4) If a military spouse or domestic partner applies for a license to practice podiatric medicine, the Board will obtain the results of a query of the National Practitioner Data Bank on behalf of the applicant.

(5) In addition to the documents required in section (3) of this rule and in OAR 847-080-0013 and 847-080-0017, the military spouse or domestic partner must submit a copy of the:

(a) Marriage certificate or domestic partnership registration with the name of the applicant and the name of the active duty member of the Armed Forces of the United States; and

(b) Assignment to a duty station located in Oregon by official active duty military order for the spouse or domestic partner named in the marriage certificate or domestic partnership registration.

(6) A military spouse or domestic partner may obtain a temporary authorization for a license to practice medicine after satisfying sections (2) through (5) of this rule.

History

Statutory/Other Authority: ORS 677.265, ORS 677.820, Oregon Laws 2019, chapter 142 (HB 3030) & Oregon Laws 2019, chapter 626 (SB 688)
Statutes/Other Implemented: ORS 677.820, ORS 677.825, ORS 677.830, ORS 676.308, Oregon Laws 2019, chapter 142 (HB 3030) & Oregon Laws 2019, chapter 626 (SB 688)
OMB 3-2020, amend filed 01/16/2020, effective 01/16/2020
OMB 35-2013, f. & cert. ef. 10-15-13
OMB 21-2013(Temp), f. 8-2-13, cert. ef. 8-3-13 thru 1-30-14

Or. Admin. R. 847-080-0017 Letters and Official Verifications to be Submitted for Licensure

The applicant must ensure that official documents are sent to the Board directly from:

(1) The School of Podiatry:

(a) The Verification of Medical Education form, which includes: degree issued, date of degree, dates of attendance, dates and reason of any leaves of absence or repeated years, and dates, name and location of school of podiatric medicine school if a transfer student.

(b) A Dean's Letter of Recommendation, which includes a statement concerning the applicant's moral and ethical character and overall performance as a podiatric medical student. If the school attests that a Dean’s Letter is unavailable or the Board determines that it is unacceptable, a copy of the transcripts may be acceptable.

(2) The Director of Podiatric Education, Chairman or other official of the residency hospital in U.S.: A currently dated original letter (a copy is not acceptable), sent directly from the hospitals in which any post-graduate training was served, which includes an evaluation of overall performance and specific beginning and ending dates of training.

(3)(a) The Director or other official for practice and employment in hospitals, clinics, etc., in the U.S. and foreign countries: A currently dated original letter (a copy is not acceptable), sent directly from the hospital/clinic, which includes a statement of good standing and specific beginning and ending dates of practice and employment.

(b) If the applicant has ceased practice for more than two (2) years, employment verifications will be required for the past ten (10) years.

(c) If such verification is unavailable or incomplete, provide three reference letters from physicians in the local medical community who are familiar with the applicant’s practice and who have known the applicant for more than six months.

(4) If requested by the Board, all health licensing boards in any jurisdiction where the applicant has ever been licensed; regardless of status, i.e., current, lapsed, never practiced there: Verification, sent directly from the boards, must show license number, date issued and status.

(5) Official Examination Certification: An official certification of examination scores for the American Podiatric Medical Licensing Examination (APMLE) Parts I, II and III or the National Board of Podiatric Medical Examiners (NBPME) examination Parts I, II and III is required directly from the NBPME or the Federation of Podiatric Medical Boards.

(6) Federation of Podiatric Medical Boards Disciplinary Report: A Disciplinary Report sent directly from the Federation of Podiatric Medical Boards to the Board.

(7) Any other documentation as required by the Board, including but not limited to medical records and criminal or civil records.

History

Statutory/Other Authority: ORS 677.265 & 677.820
Statutes/Other Implemented: ORS 677.820, 677.825 & 677.830
OMB 13-2024, amend filed 07/15/2024, effective 07/15/2024
OMB 23-2022, amend filed 10/12/2022, effective 10/12/2022
OMB 20-2013, f. & cert. ef. 7-12-13
BME 17-2007, f. & cert. ef. 7-23-07
BME 19-2006, f. & cert. ef. 7-25-06
BME 20-2004, f. & cert. ef. 10-20-04
ME 17-1987, f. & ef. 8-3-87
ME 6-1986, f. & ef. 4-23-86
ME 4-1982, f. & ef. 4-23-82

Or. Admin. R. 847-080-0018 Examination for Licensure

The applicant must base an application upon the licensing examination administered by the National Board of Podiatric Medical Examiners (NBPME). The licensing examination is limited to the American Podiatric Medical Licensing Examination (APMLE) or the NBPME examination. No application will be accepted on the basis of reciprocity or written examination, other than an examination administered by the NBPME.

(1) The applicant must pass Parts I, II and III of the licensing examination.

(2) Part III of the licensing examination may be waived if the applicant graduated from a school or college of podiatric medicine before January 1, 2001; and

(a) Is licensed as a podiatric physician in another state; or

(b) Is certified by the American Board of Podiatric Medicine (ABPM) or the American Board of Foot and Ankle Surgery (ABFAS).

(3) The score achieved on each Part of the examination must equal or exceed the figure established by the NBPME as a passing score.

(4) All three Parts of the licensing examination must be passed within a seven-year period which begins when the first Part, either Part I or Part II, is passed. An applicant who graduated from a school or college of podiatric medicine on or after January 1, 2001, and who has not passed all three Parts within the seven-year period may request a waiver of the seven-year requirement if he or she:

(a) Has current certification by the ABPM or the ABFAS; or

(b) Suffered from a documented significant health condition which by its severity would necessarily cause a delay to the applicant’s podiatric study; or

(c) Experienced other extenuating circumstances that do not indicate an inability to safely practice podiatric medicine as determined by the Board.

(5) The applicant who graduated from a school or college of podiatric medicine on or after January 1, 2001, must have passed Part III of the licensing examination within four attempts, whether for Oregon or for any other state. After the third failed attempt, the applicant must have completed one additional year of postgraduate training in the United States prior to readmission to the examination. The Board must approve the additional year of training to determine whether the applicant is eligible for licensure. The applicant, after completion of the required year of training, must have passed Part III on their fourth and final attempt. An applicant who has passed Part III of the licensing examination, but not within the four attempts as required, may request a waiver of this requirement if he or she has current certification by the ABPM or the ABFAS.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.825 & 677.830
OMB 7-2016, f. & cert. ef. 4-8-16
OMB 20-2013, f. & cert. ef. 7-12-13
OMB 26-2011, f. & cert. ef. 10-18-11
BME 27-2008, f. & cert. ef. 10-31-08
BME 12-2008, f. & cert. ef. 4-24-08
BME 22-2007, f. & cert. ef. 10-24-07
BME 18-2007(Temp), f. & cert. ef. 7-23-07 thru 1-8-08
BME 17-2007, f. & cert. ef. 7-23-07
BME 19-2006, f. & cert. ef. 7-25-06
BME 10-2005, f. & cert. ef. 7-20-05
BME 4-1999, f. & cert. ef. 2-17-99
BME 2-1999, f. & cert. ef. 1-26-99
ME 11-1996, f. & cert. ef. 10-29-96
ME 8-1994, f. & cert. ef. 4-29-94
ME 13-1992, f. & cert. ef. 10-22-92
ME 3-1990, f. & cert. ef. 1-29-90
ME 23-1989(Temp), f. & cert. ef. 10-20-89
ME 17-1987, f. & ef. 8-3-87
ME 6-1986, f. & ef. 4-23-86

Or. Admin. R. 847-080-0021 Competency Examination and Re-Entry to Practice

(1) The applicant who has not completed postgraduate training within the past 10 years or been certified or recertified with the ABPM or the ABPS within the past 10 years may be required to pass a competency examination in podiatry. The competency examination may be waived if the applicant can demonstrate ongoing participation in maintenance of certification with the ABPM or ABPS, or has completed at least 50 hours of Board-approved continuing education each year for the past three years.

(2) The applicant who has ceased practice for a period of 12 or more consecutive months immediately preceding an application for licensure or reactivation may be required to pass a competency examination in podiatry. The competency examination may be waived if the applicant can demonstrate ongoing participation in maintenance of certification with the ABPM or ABPS or, subsequent to ceasing practice, the applicant has:

(a) Passed the licensing examination administered by the NBPME, or

(b) Been certified or recertified by the ABPM or ABPS, or

(d) Obtained continuing medical education to the Board’s satisfaction.

(3) The applicant who has ceased the practice of medicine for a period of 24 or more consecutive months may be required to complete a re-entry plan to the satisfaction of the Board. The re-entry plan must be reviewed and approved through a Consent Agreement for Re-entry to Practice prior to the applicant beginning the re-entry plan. Depending on the amount of time out of practice, the applicant may be required to do one or more of the following:

(a) Pass the licensing examination;

(b) Practice for a specified period of time under a mentor/supervising podiatric physician who will provide periodic reports to the Board;

(d) Complete a re-entry program as determined appropriate by the Board;

(e) Complete one year of an accredited postgraduate or clinical fellowship training, which must be pre-approved by the Board’s Medical Director;

(f) Complete at least 50 hours of Board-approved continuing medical education each year for the past three years.

(4) Licensure shall not be granted until all requirements of OAR chapter 847, division 80, are completed satisfactorily.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.190, 677.265, 677.825, 677.830 & 677.837
OMB 10-2016, f. & cert. ef. 10-7-16
OMB 7-2016, f. & cert. ef. 4-8-16
OMB 13-2014, f. & cert. ef. 10-8-14
OMB 11-2014, f. & cert. ef. 4-9-14
OMB 20-2013, f. & cert. ef. 7-12-13

Or. Admin. R. 847-080-0022 Qualifications to Perform Ankle Surgery

(1) Ankle surgery must be conducted in a hospital or ambulatory surgical center licensed by the Oregon Health Authority.

(2) For Board approval verifying eligibility to perform ankle surgery, an Oregon podiatric physician and surgeon must meet one of the following qualifications:

(a) Successful completion, prior to July 1, 2023, of a 36-month podiatric medicine surgery residency that included training in ankle surgery substantially similar to a reconstructive rearfoot/ankle surgery (PMSR/RRA) credentialed program that meets or exceeds the Council on Podiatric Medical Education’s educational criteria for residency approval that was in place at the time of completion of the residency;

(b) Successful completion, on or after July 1, 2023, of a podiatric medicine surgery residency with reconstructive rearfoot/ankle surgery (PMSR/RRA) program that meets or exceeds the Council on Podiatric Medical Education’s educational criteria for residency approval that was implemented on July 1, 2023;

(c) Current board certification in reconstructive rearfoot/ankle surgery that meets or exceeds the American Board of Foot and Ankle Surgery criteria that was in place on July 1, 2023; or

(d) Approved to perform ankle surgery prior to July 1, 2023, whose license has not become inactive, expired, suspended, or been revoked without reactivation or reinstatement.

History

Statutory/Other Authority: ORS 677.245
Statutes/Other Implemented: ORS 677.805 & 677.812
OMB 8-2023, amend filed 07/06/2023, effective 07/06/2023
OMB 7-2016, f. & cert. ef. 4-8-16
OMB 20-2013, f. & cert. ef. 7-12-13
BME 7-2003, f. & cert. ef. 1-27-03
BM 11-2000, f. & cert. ef. 7-27-00

Or. Admin. R. 847-080-0028 License Application Withdrawals

(1) An applicant may withdraw an application for licensure prior to review by the Board’s Administrative Affairs Committee. The Board will not report the withdrawal to the Federation of Podiatric Medical Boards. The applicant may submit a new application for licensure at any time.

(2) An applicant may withdraw an application for licensure up to 30 days after the Board has voted to deny the application on the basis that the applicant is not eligible for licensure for reason(s) other than the applicant’s failure to demonstrate good moral character. The Board will not report the withdrawal to the Federation of Podiatric Medical Boards. The applicant may submit a new application for licensure at any time.

(3) An applicant may request to withdraw an application for licensure after review by the Administrative Affairs Committee. If the Board grants the request, the withdrawal will be reported to the Federation of Podiatric Medical Boards. The applicant may submit a new application for licensure no sooner than two years after the date of withdrawal.

(4) An applicant may request to withdraw an application for licensure after review by the Board’s Investigative Committee. If the Board grants the request, the applicant may withdraw their application only through issuance of a Stipulated Order of suspended judgment of license denial. The suspension of judgment is based on the applicant’s withdrawal of their application and agreement not to reapply for licensure for at least two years after issuance of the Stipulated Order. The order will be reported to the Federation of Podiatric Medical Boards and the National Practitioner Databank.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.265, ORS 677.190, ORS 677.220 & ORS 677.820
OMB 4-2024, amend filed 01/08/2024, effective 01/08/2024
OMB 10-2017, amend filed 10/26/2017, effective 10/26/2017
OMB 20-2013, f. & cert. ef. 7-12-13

Or. Admin. R. 847-080-0030 Denial of License

(1) No applicant is entitled to a podiatry license who:

(a) Has failed an examination for licensure in the State of Oregon;

(c) Has been refused a license or certificate in any other state or country on any grounds other than failure in a podiatric licensure examination;

(d) Has been guilty of conduct similar to that which would be prohibited by or to which ORS 677.190 would apply; or

(e) Has been guilty of cheating or subverting the podiatric licensing examination process. Podiatric licensing examination means any examination given by the Board, other states, or national testing organization, to an applicant for registration, certification or licensure under this act. Evidence of cheating or subverting includes, but is not limited to:

(A) Copying answers from another examinee or permitting one's answers to be copied by another examinee during the examination;

(B) Having in one's possession during the examination any books, notes, written or printed materials or data of any kind, other than examination materials distributed by Board staff, which could facilitate the applicant in completing the examination;

(D) Removing from the examining room any examination materials;

(E) Photographing or otherwise reproducing examination materials.

(2) An applicant whose application has been denied may submit a new application for licensure as stated in the Board’s Order, but no sooner than two years after the date of denial.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.265, ORS 677.190, ORS 677.100, ORS 677.220 & ORS 677.820
OMB 4-2024, amend filed 01/08/2024, effective 01/08/2024
OMB 10-2017, amend filed 10/26/2017, effective 10/26/2017
OMB 20-2013, f. & cert. ef. 7-12-13
ME 6-1986, f. & ef. 4-23-86
ME 11-1985, f. & ef. 8-6-85
ME 4-1982, f. & ef. 4-23-82

Or. Admin. R. 847-080-0035 Approved Colleges of Podiatric Medicine

Colleges of podiatric medicine approved by the Board are only those approved by the American Podiatric Medical Association Council on Podiatric Medical Education.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.265 & 677.820
OMB 7-2016, f. & cert. ef. 4-8-16
ME 11-1985, f. & ef. 8-6-85
ME 4-1982, f. & ef. 4-23-82

Or. Admin. R. 847-080-0042 Practice of Podiatry

Podiatric physicians and surgeons practice podiatry as defined in ORS 677.010 and within their individual education, training, and experience. Podiatric physicians and surgeons are held to the standard and duty of care as described in ORS chapter 677.

History

Statutory/Other Authority: ORS 677.265
Statutes/Other Implemented: ORS 677.805
OMB 8-2024, adopt filed 01/08/2024, effective 01/08/2024