(1) Notwithstanding any other provision of this chapter and notwithstanding ORS § 678.010 to 678.410 and ORS chapters 679 and 689, a health care professional may prescribe or administer controlled substances to a person in the course of treating that person for a diagnosed condition causing pain.

Terms Used In Oregon Statutes 677.474

  • Board: means the Oregon Medical Board. See Oregon Statutes 677.010
  • Drug: means all medicines and preparations for internal or external use of humans, intended to be used for the cure, mitigation or prevention of diseases or abnormalities of humans, which are recognized in any published United States Pharmacopoeia or National Formulary, or otherwise established as a drug. See Oregon Statutes 677.010
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
  • Prescribe: means to direct, order or designate the use of or manner of using by spoken or written words or other means. See Oregon Statutes 677.010
  • United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100

(2) A health care professional shall not be subject to disciplinary action by a health professional regulatory board for prescribing or administering controlled substances in the course of treatment of a person for pain with the goal of controlling the patient’s pain for the duration of the pain.

(3) Subsections (1) and (2) of this section do not apply to:

(a) A health care professional’s treatment of a person for chemical dependency resulting from the use of controlled substances;

(b) The prescription or administration of controlled substances to a person the health care professional knows to be using the controlled substances for nontherapeutic purposes;

(c) The prescription or administration of controlled substances for the purpose of terminating the life of a person having pain, except as allowed under ORS § 127.800 to 127.897; or

(d) The prescription or administration of a substance that is not a controlled substance approved by the United States Food and Drug Administration for pain relief.

(4) Subsection (2) of this section does not exempt the governing body of any hospital or other medical facility from the requirements of ORS § 441.055. [1995 c.380 § 7 (enacted in lieu of 677.475); 1999 c.480 § 2; 2003 c.408 § 1; 2007 c.351 § 2]

 

[1995 c.380 § 3 (677.474 enacted in lieu of 677.475 by 1995 c.380 § 6); repealed by 2005 c.44 § 1]

 

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