677.085 What
constitutes practice of medicine.
A person is practicing medicine if the person does one or more of the
following:
(1) Advertise,
hold out to the public or represent in any manner that the person is authorized
to practice medicine in this state.
(2) For
compensation directly or indirectly received or to be received, offer or
undertake to prescribe, give or administer any drug or medicine for the use of
any other person.
(3) Offer or
undertake to perform any surgical operation upon any person.
(4) Offer or
undertake to diagnose, cure or treat in any manner, or by any means, methods,
devices or instrumentalities, any disease, illness, pain, wound, fracture,
infirmity, deformity, defect or abnormal physical or mental condition of any
person.
(5) Except as
provided in ORS 677.060, append the letters “M.D.,” “D.O.” or “P.A.” to the
person’s name, or use the words “Doctor,” “Physician,” “Surgeon,” “Physician
Associate,” or any abbreviation or combination thereof, or any letters or words
of similar import in connection with the person’s name, or any trade name in
which the person is interested, in the conduct of any occupation or profession
pertaining to the diagnosis or treatment of human diseases or conditions
mentioned in this section. [Formerly 677.030; 1989 c.830 §3; 2023 c.314 §1;
2024 c.73 §122]
Notes of Decisions
Sachdev v. Or. Med. Bd., 426 P.3d 118 (Or. Ct. App. 2018).
· cites it 12× “' " The ALJ cited ORS 677.085 as an explanation of what constitutes the "practice of medicine" 8 and determined that licensee's actions constituted "managing and directing" patient care and that licensee thus engaged in "the practice of medicine, pursuant to ORS 677.”
Mead v. Legacy Health Sys., 283 P.3d 904 (Or. 2012).
· cites it 2× “” ORS 677.085 sets forth the acts that constitute the practice of medicine and that require licensure, 3 including, as pertinent *294 to the facts in this case, “[o]ffer[ing] or undertake [ing] to diagnose *** [the] physical or mental condition of any person.”
Oregon State Bar v. Smith, 942 P.2d 793 (Or. Ct. App. 1997).
“160 and the corollary legal licensing statutes are no different from other professional licensing and regulatory schemes.”
Mead v. Legacy Health Sys., 220 P.3d 118 (Or. Ct. App. 2009).
“085(4), a person practices medicine in Oregon if the person: “Offerfs] or undertake[s] to diagnose, cure or treat in any manner, or by any means, methods, devices or instrumentalities, any disease, illness, pain, wound, fracture, infirmity, deformity, defect or abnormal physical…”
State v. Won, 528 P.2d 594 (Or. Ct. App. 1974).
“② ORS 677.085 (4): “A person is practicing medicine if he does one or more of the following: *584 “(4) Offer or -undertake to diagnose, cure or treat in any manner, or by any means, methods, devices or instrumentalities, any disease, illness, pain, wound, fracture, infirmity,…”
— Or. Rev. Stat. § 677.085(4) — 2 cases
Sachdev v. Or. Med. Bd., 426 P.3d 118 (Or. Ct. App. 2018).
“' " The ALJ cited ORS 677.085 as an explanation of what constitutes the "practice of medicine" 8 and determined that licensee's actions constituted "managing and directing" patient care and that licensee thus engaged in "the practice of medicine, pursuant to ORS 677.”
Mead v. Legacy Health Sys., 220 P.3d 118 (Or. Ct. App. 2009).
“085(4), a person practices medicine in Oregon if the person: “Offerfs] or undertake[s] to diagnose, cure or treat in any manner, or by any means, methods, devices or instrumentalities, any disease, illness, pain, wound, fracture, infirmity, deformity, defect or abnormal physical…”
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