Oregon Statutes 676.347 – Volunteer practice by out-of-state health care practitioner; requirements; limitations; liability; rules
(1) As used in this section:
Terms Used In Oregon Statutes 676.347
- Any other state: includes any state and the District of Columbia. See Oregon Statutes 174.100
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100
(a) ‘Health care practitioner’ means a person authorized in another state or United States territory to practice as a physician, physician assistant, nurse, nurse practitioner, clinical nurse specialist, dentist, dental hygienist, dental therapist, pharmacist, optometrist or naturopathic physician.
(b) ‘Health professional regulatory board’ means the:
(A) Oregon Board of Dentistry;
(B) Oregon Board of Naturopathic Medicine;
(C) Oregon Board of Optometry;
(D) Oregon Medical Board;
(E) Oregon State Board of Nursing; and
(F) State Board of Pharmacy.
(2) A health care practitioner may practice, without compensation and in connection with a coordinating organization or other entity, the health care profession that the health care practitioner is authorized to practice for 30 days each calendar year or the number of days otherwise provided pursuant to subsection (8) of this section. A health care practitioner is not required to apply for licensure or other authorization from a health professional regulatory board in order to practice under this section.
(3) To practice under this section, a health care practitioner shall submit, at least 10 days prior to commencing practice in this state, to the health professional regulatory board substantially similar to the health care practitioner’s licensing agency:
(a) Proof that the health care practitioner is in good standing and is not the subject of an active disciplinary action;
(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 the scope of practice of this state or the health care practitioner’s licensing agency, whichever is more restrictive;
(c) An attestation that the health care practitioner will not receive compensation for practice in this state;
(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 this state.
(4) Except as otherwise provided, a health care practitioner practicing under this section is subject to the laws and rules governing the health care profession that the health care practitioner is authorized to practice and to disciplinary action by the appropriate health professional regulatory board.
(5) A health care practitioner who is authorized to practice in more than one other jurisdiction shall provide to the appropriate health professional regulatory board proof, as determined sufficient by the health professional regulatory board, that the health care practitioner is in good standing and not subject to any active disciplinary actions in any jurisdiction in which the health care practitioner is authorized to practice.
(6)(a) The coordinating organization or other entity that uses the services of a health care practitioner shall confirm with the health care practitioner’s licensing agency that the health care practitioner is:
(A) Authorized to practice the health care profession claimed by the health care practitioner;
(B) In good standing; and
(C) Not subject to any active disciplinary actions.
(b) The coordinating organization or other entity shall maintain:
(A) Records of the information described in paragraph (a) of this subsection related to a health care practitioner for two years after the termination of the health care practitioner’s practice in this state.
(B) Records of patients to whom a health care practitioner provided services, in compliance with all patient confidentiality requirements of this state, except as those requirements are expressly prohibited by the law of any other state where a patient’s medical records are maintained.
(c) A coordinating organization or other entity may pay or reimburse a health care practitioner for actual incurred travel costs associated with the health care practitioner’s practice under this section.
(7) A hospital or other health care facility may not use the services of a health care practitioner in order to meet staffing needs during a labor dispute at the hospital or facility.
(8)(a) A health professional regulatory board may adopt by rule a duration longer than 30 days each calendar year during which a health care practitioner may practice under subsection (2) of this section.
(b) A health professional regulatory board may adopt other rules necessary to carry out this section, including rules requiring a health care practitioner to receive approval of and confirmation from the health professional regulatory board that the health care practitioner is authorized to practice under this section.
(9) This section does not create a private right of action against a health professional regulatory board or limit the liability of a health professional regulatory board under any other provision of law. [2022 c.62 § 1]