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Oregon Revised Statutes

Or. Rev. Stat. § 677.265 (2026)

Powers of board generally; rules; fees; physician standard of care

✓ current as of May 2026
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      677.265 Powers of board generally; rules; fees; physician standard of care. In addition to any other powers granted by this chapter, the Oregon Medical Board may:

      (1) Adopt necessary and proper rules for administration of this chapter including but not limited to:

      (a) Establishing fees and charges to carry out its legal responsibilities, subject to prior approval by the Oregon Department of Administrative Services. The fees and charges shall be within the budget authorized by the Legislative Assembly as that budget may be modified by the Emergency Board. The fees and charges established under this section may not exceed the cost of administering the program or the purpose for which the fee or charge is established, as authorized by the Legislative Assembly for the Oregon Medical Board’s budget, or as modified by the Emergency Board or future sessions of the Legislative Assembly.

      (b) Establishing standards and tests to determine the moral, intellectual, educational, scientific, technical and professional qualifications required of applicants for licenses under this chapter.

      (c) Enforcing the provisions of this chapter and exercising general supervision over the practice of medicine and podiatry within this state. In determining whether to discipline a licensee for a standard of care violation, the Oregon Medical Board shall determine whether the licensee used that degree of care, skill and diligence that is used by ordinarily careful physicians in the same or similar circumstances in the community of the physician or a similar community.

      (2) Issue, deny, suspend and revoke licenses and limited licenses, assess costs of proceedings and fines and place licensees on probation as provided in this chapter.

      (3) Use the gratuitous services and facilities of private organizations to receive the assistance and recommendations of the organizations in administering this chapter.

      (4) Make its personnel and facilities available to other regulatory agencies of this state, or other bodies interested in the development and improvement of the practice of medicine or podiatry in this state, upon terms and conditions for reimbursement as are agreed to by the Oregon Medical Board and the other agency or body.

      (5) Appoint examiners, who need not be members of the Oregon Medical Board, and employ or contract with the American Public Health Association or the National Board of Medical Examiners or other organizations, agencies and persons to prepare examination questions and score examination papers.

      (6) Determine the schools, colleges, universities, institutions and training acceptable in connection with licensing under this chapter. All residency, internship and other training programs carried on in this state by any hospital, institution or medical facility shall be subject to approval by the Oregon Medical Board. The board shall accept the approval by the American Osteopathic Association or the American Medical Association in lieu of approval by the board.

      (7) Prescribe the time, place, method, manner, scope and subjects of examinations under this chapter.

      (8) Prescribe all forms that it considers appropriate for the purposes of this chapter, and require the submission of photographs and relevant personal history data by applicants for licensure under this chapter.

      (9) For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, require the fingerprints of a person who is:

      (a) Applying for a license that is issued by the board;

      (b) Applying for renewal of a license that is issued by the board; or

      (c) Under investigation by the board.

      (10) Administer oaths, issue notices and subpoenas in the name of the board, enforce subpoenas in the manner authorized by ORS 183.440, hold hearings and perform such other acts as are reasonably necessary to carry out its duties under this chapter. [1967 c.470 §50 (enacted in lieu of 677.260); 1975 c.776 §10; 1983 c.486 §34; 1989 c.830 §19; 1991 c.703 §22; 1997 c.792 §25; 2005 c.730 §47; 2007 c.86 §6; 2013 c.129 §13; 2023 c.602 §20]

Notes of Decisions
Cited in 6 cases, 1981–2018 · leading case: Sachdev v. Or. Med. Bd., 426 P.3d 118 (Or. Ct. App. 2018).
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Sachdev v. Or. Med. Bd., 426 P.3d 118 (Or. Ct. App. 2018). · cites it 4× “The board then looked to ORS 677.265(1) to inform its determination of the standard of care, which provides that the board may "[a]dopt necessary and proper rules for administration of this chapter including but not limited to: " * * * * * "(c) Enforcing the provisions of this…”
Eusterman v. Nw. Permanente, P.C., 129 P.3d 213 (Or. Ct. App. 2006). “, ORS 677.265(l)(c) (Board of Medical Examiners shall determine whether a doctor used the appropriate degree of care in providing medical services).”
Spray v. Bd. of Med. Examiners, 624 P.2d 125 (Or. Ct. App. 1981). “ORS 677.265(1). 7 We hold here only that the Board may not treat a violation of ORS 677.”
Grobovsky v. Bd. of Med. Examiners, 159 P.3d 1245 (Or. Ct. App. 2007). “…orders is in addition to its general authority to enforce subpoenas in contested cases under ORS 183.440(2). See ORS 677.265(10).”
McKay v. Bd. of Med. Examiners, 788 P.2d 476 (Or. Ct. App. 1990). “” Before 1975, “unprofessional or dishonorable conduct” was simply defined as “conduct unbecoming a person licensed to practice medicine, or detrimental to the best interests of the public.”
Gambee v. Oregon Med. Bd., 322 P.3d 1107 (Or. Ct. App. 2014). “” Under ORS 677.265(l)(e), the board is charged with determining “whether the licensee used that degree of care, skill and diligence that is used by ordinarily careful physicians * * * in the same or similar circumstances in the community of the physician * * * or a similar…”
— Or. Rev. Stat. § 677.265(1) — 2 cases
Spray v. Bd. of Med. Examiners, 624 P.2d 125 (Or. Ct. App. 1981). “ORS 677.265(1). 7 We hold here only that the Board may not treat a violation of ORS 677.”
Sachdev v. Or. Med. Bd., 426 P.3d 118 (Or. Ct. App. 2018). “The board then looked to ORS 677.265(1) to inform its determination of the standard of care, which provides that the board may "[a]dopt necessary and proper rules for administration of this chapter including but not limited to: " * * * * * "(c) Enforcing the provisions of this…”
— Or. Rev. Stat. § 677.265(1)(c) — 1 case
Sachdev v. Or. Med. Bd., 426 P.3d 118 (Or. Ct. App. 2018). “The board then looked to ORS 677.265(1) to inform its determination of the standard of care, which provides that the board may "[a]dopt necessary and proper rules for administration of this chapter including but not limited to: " * * * * * "(c) Enforcing the provisions of this…”
— Or. Rev. Stat. § 677.265(10) — 1 case
Grobovsky v. Bd. of Med. Examiners, 159 P.3d 1245 (Or. Ct. App. 2007). “…orders is in addition to its general authority to enforce subpoenas in contested cases under ORS 183.440(2). See ORS 677.265(10).”
— Or. Rev. Stat. § 677.265(l)(a) — 1 case
McKay v. Bd. of Med. Examiners, 788 P.2d 476 (Or. Ct. App. 1990). “” Before 1975, “unprofessional or dishonorable conduct” was simply defined as “conduct unbecoming a person licensed to practice medicine, or detrimental to the best interests of the public.”
— Or. Rev. Stat. § 677.265(l)(c) — 1 case
Eusterman v. Nw. Permanente, P.C., 129 P.3d 213 (Or. Ct. App. 2006). “, ORS 677.265(l)(c) (Board of Medical Examiners shall determine whether a doctor used the appropriate degree of care in providing medical services).”
— Or. Rev. Stat. § 677.265(l)(e) — 1 case
Gambee v. Oregon Med. Bd., 322 P.3d 1107 (Or. Ct. App. 2014). “” Under ORS 677.265(l)(e), the board is charged with determining “whether the licensee used that degree of care, skill and diligence that is used by ordinarily careful physicians * * * in the same or similar circumstances in the community of the physician * * * or a similar…”
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