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LICENSURE
Oregon prepared for the
future of telemedicine with the passage of Senate Bill 600 in 1999. The
Oregon Revised Statues (ORS), Chapter 677 now reflects the incorporation of
that passed legislation.
Legislation - SB 600
Oregon Revised Statute - ORS 677
Senate Bill 600
70th OREGON LEGISLATIVE ASSEMBLY--1999 Regular Session
Printed pursuant to Senate Interim Rule 213.28 by order of the President of
the Senate in conformance with presession filing rules, indicating neither
advocacy nor opposition on the part of the President (at the request of
Senator Bill Fisher for the Oregon Medical Association)
AN ACT
Relating to
the practice of medicine across state lines.
Whereas due to technological advances and changing practice patterns, the
practice of medicine has changed; and
Whereas it is the policy of this state to encourage technological advances
in
every professional field; and
Whereas certain technological advances in the practice of medicine are in
the public
interest; and
Whereas the practice of medicine across state lines is occurring with
increasing
frequency; and
Whereas the practice of medicine is a privilege and the licensing of
physicians
practicing in this state is necessary for the protection of the citizens of
this state; and
Whereas through technological advances it is now possible for a physician
outside
of this state to practice medicine within this state; and
Whereas for the public health, welfare and safety of its citizens, the
State of Oregon
finds it necessary to have the ability to license and discipline those
physicians
practicing medicine across state lines; now, therefore,
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 to 6 of this 1999 Act are added to
and made a part of ORS chapter 677. + }
SECTION 2. { + As used in sections 2 to 6 of this 1999 Act,
'the practice of medicine across state lines' means:
(1) The rendering directly to a person of a written or otherwise
documented medical opinion concerning the diagnosis or treatment of that
person located within this state for the purpose of patient care by a
physician located outside this state as a result of the transmission of
individual patient data by electronic or other means from within this state
to that physician or the physician's agent; or
(2) The rendering of medical treatment directly to a person located within
this state by a physician located outside this state as a result of the
outward transmission of individual patient data by electronic or other means
from within this state to that physician or the physician's agent. + }
SECTION 3. { + (1) A person may not engage in the practice
of medicine across state lines, claim qualification to engage in the
practice of medicine across state lines or use any title, word or
abbreviation to indicate or to induce another to believe that the person is
licensed to engage in the practice of medicine across state lines unless the
person is licensed in accordance with section 4 of this 1999 Act.
(2) Sections 2 to 6 of this 1999 Act do not apply to a physician engaging
in the practice of medicine across state lines in an emergency, as defined
by rule of the Board of Medical Examiners.
(3) Sections 2 to 6 of this 1999 Act do not apply to a licensed physician
located outside this state who:
(a) Consults with another physician licensed to practice medicine in this
state; and
(b) Does not undertake the primary responsibility for diagnosing or
rendering treatment to a patient within this state.
(4) Sections 2 to 6 of this 1999 Act do not apply to a licensed physician
located outside this state who has an established physician-patient
relationship with a person who is in Oregon temporarily and who requires the
direct medical treatment by that physician. + }
SECTION 4. { + (1) Upon application, the Board of Medical
Examiners may issue to an out-of-state physician a license for the practice
of medicine across state lines if the physician
holds a full, unrestricted license to practice medicine in any other state
of the United States, has not been the recipient of a professional sanction
by any other state of the United States and otherwise meets the standards
for Oregon licensure under this chapter.
(2) In the event that an out-of-state physician has been the recipient of
a professional sanction by any other state of the United States, the board
may issue a license for the practice of medicine across state lines if the
board finds that the sanction does not indicate that the physician is a
potential threat to the public interest, health, welfare and safety.
(3) A physician shall make the application on a form provided by the
board, accompanied by nonrefundable fees for the application and the license
in amounts determined by rule of the
board. The board shall adopt necessary and proper rules to govern the
renewal of licenses issued under this section.
(4) A license for the practice of medicine across state lines is not a
limited license for purposes of ORS 677.132.
(5) A license for the practice of medicine across state lines does not
permit a physician to practice medicine in this state except when engaging
in the practice of medicine across state lines. + }
SECTION 5. { + (1) A physician issued a license under
section 4 of this 1999 Act is subject to all the provisions of this chapter
and to all the rules of the Board of Medical Examiners. A
physician issued a license under section 4 of this 1999 Act has the same
duties and responsibilities and is subject to the same penalties and
sanctions as any other physician licensed under this chapter.
(2) A physician issued a license under section 4 of this 1999 Act may not:
(a) Act as a dispensing physician as defined in ORS 677.010;
(b) Administer controlled substances for the treatment of intractable pain
to a person located within this state;
(c) Employ a physician assistant as defined in ORS 677.495 to treat a
person located within this state;
(d) Claim the tax deduction provided by ORS 316.076;
(e) Participate in the Rural Health Services Program under ORS 442.550 to
442.570; or
(f) Assert a lien for services under ORS 87.555. + }
SECTION 6. { + A physician licensed under section 4 of this
1999 Act shall comply with all patient confidentiality requirements of this
state, except as those requirements are expressly prohibited by the law of
any other state of the United States where a person's medical records are
maintained. + }
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Passed by Senate April 19, 1999
Passed by House May 25, 1999
Received by Governor
Filed in Office of Secretary of State
http://www.leg.state.or.us/99reg/measures/sb0600.dir/sb0600.en.html
ORS 677
(pertinent sections)
677.135 Definition of “practice of medicine across state lines.”
As used in ORS 677.135 to 677.141, “the practice of medicine across state
lines” means:
(1) The rendering directly to a person of a written or
otherwise documented medical opinion concerning the diagnosis or treatment
of that person located within this state for the purpose of patient care by
a physician located outside this state as a result of the transmission of
individual patient data by electronic or other means from within this state
to that physician or the physician’s agent; or
(2) The rendering of medical treatment directly to a
person located within this state by a physician located outside this state
as a result of the outward transmission of individual patient data by
electronic or other means from within this state to that physician or the
physician’s agent. [1999 c.549 §2]
Note: 677.135 to 677.141 were added to and made a
part of ORS chapter 677 by legislative action but were not added to any
smaller series therein. See Preface to Oregon Revised Statutes for further
explanation.
677.136 [1967 c.470 §14; repealed by 1989 c.830
§49]
677.137 License required for practice of medicine across
state lines; exceptions.
(2) ORS 677.135 to 677.141 do not apply to a physician
engaging in the practice of medicine across state lines in an emergency, as
defined by rule of the Board of Medical Examiners.
(3) ORS 677.135 to 677.141 do not apply to a licensed
physician located outside this state who:
(a) Consults with another physician licensed to practice
medicine in this state; and
(b) Does not undertake the primary responsibility for
diagnosing or rendering treatment to a patient within this state.
(4) ORS 677.135 to 677.141 do not apply to a licensed
physician located outside this state who has an established
physician-patient relationship with a person who is in Oregon temporarily
and who requires the direct medical treatment by that physician. [1999 c.549
§3]
Note: See note under 677.135.
677.138 [1967 c.470 §15; 1983 c.486 §13; repealed
by 1989 c.830 §49]
677.139 License to practice medicine across state lines;
application; fees. (1) Upon application, the Board of Medical Examiners
may issue to an out-of-state physician a license for the practice of
medicine across state lines if the physician holds a full, unrestricted
license to practice medicine in any other state of the United States, has
not been the recipient of a professional sanction by any other state of the
United States and otherwise meets the standards for Oregon licensure under
this chapter.
(2) In the event that an out-of-state physician has been the
recipient of a professional sanction by any other state of the United
States, the board may issue a license for the practice of medicine across
state lines if the board finds that the sanction does not indicate that the
physician is a potential threat to the public interest, health, welfare and
safety.
(3) A physician shall make the application on a form
provided by the board, accompanied by nonrefundable fees for the application
and the license in amounts determined by rule of the board. The board shall
adopt necessary and proper rules to govern the renewal of licenses issued
under this section.
(4) A license for the practice of medicine across state
lines is not a limited license for purposes of ORS 677.132.
(5) A license for the practice of medicine across state
lines does not permit a physician to practice medicine in this state except
when engaging in the practice of medicine across state lines. [1999 c.549
§4]
Note: See note under 677.135.
677.140 [Amended by 1957 c.681 §4; repealed by
1967 c.470 §68]
677.141 Responsibilities; prohibited practices;
confidentiality requirements. (1) A physician issued a license under ORS
677.139 is subject to all the provisions of this chapter and to all the
rules of the Board of Medical Examiners. A physician issued a license under
ORS 677.139 has the same duties and responsibilities and is subject to the
same penalties and sanctions as any other physician licensed under this
chapter.
(2) A physician issued a license under ORS 677.139 may not:
(a) Act as a dispensing physician as defined in ORS
677.010;
(b) Administer controlled substances for the treatment of
intractable pain to a person located within this state;
(c) Employ a physician assistant as defined in ORS
677.495 to treat a person located within this state;
(d) Claim the tax deduction provided by ORS 316.076;
(e) Participate in the Rural Health Services Program
under ORS 442.550 to 442.570; or
(f) Assert a lien for services under ORS 87.555.
(3) A physician licensed under ORS 677.139 shall comply
with all patient confidentiality requirements of this state, except as those
requirements are expressly prohibited by the law of any other state of the
United States where a person’s medical records are maintained. [1999 c.549
§§5,6]
(1) A person may not engage in the practice of medicine across state lines,
claim qualification to engage in the practice of medicine across state lines
or use any title, word or abbreviation to indicate or to induce another to
believe that the person is licensed to engage in the practice of medicine
across state lines unless the person is licensed in accordance with ORS
677.139.
http://www.leg.state.or.us/ors/677.html
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