Current through Register Vol. 63, No. 9, September 1, 2024
(1) In the event of an emergency declared by
the Governor of Oregon, the Oregon Medical Board may allow physicians and/or
physician assistants 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 and/or
physician assistant 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 and/or physician assistant 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 and/or physician assistant
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 and/or physician assistant 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 assistants 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 assistants
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 assistant 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 assistant 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.
Statutory/Other Authority: ORS
677.265
Statutes/Other Implemented: ORS
677.060(4),
ORS
677.172(3),
ORS
677.175(1)
& ORS
677.190
