How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 111669
Experience:  20+ Years of Employment Law Experience
10285032
Type Your Employment Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

I live in Deschutes County, outside the city limits of

Customer Question

I live in Deschutes County, outside the city limits of Redmond Oregon.
I own a ECP therapy bed, a medical device (FDA approved) that helps heart conditions such as (CAD).
I am certified by the manufacturer to operate the device.
This bed is in our home as my wife uses it almost daily.
We want to offer this service to others in our area (at the standard rate) as the nearest other bed in located in Portland Oregon.
My understanding is that I do not need to be a doctor nor have a nurse present to perform this service for private pay customers. I have been told that I only need a PA or nurse present if I were to bill insurance such as Medicare (per their rules of reimbursement) .
There are protocols that we must follow when screening candidates, the same as any doctor office using the device. Such as abdominal aortic aneurysms, deep vein thrombophlebitis and others conditions would not qualify for treatment.
Please advice as to what Oregon law requires of a private person offering this service in their home.
I have spoken with the manufactures representatives and there are many others doing what we propose but they are in other states, not Oregon.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Oregon Revised Statute 677.085 defines as part of the practice of medicine, "(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."

Thus the use of External Counterpulsation beds can indeed constitute the practice of medicine, which means you would need a medical doctor who, while they do not have to be on site, is a director to oversee who you are providing the treatment to and that it is being performed correctly and only on qualified patients. So, while you do not need a license to use the bed, you can only offer it to others at the direction and under supervision, even indirect supervision, of a licensed doctor in Oregon.